PUBLIC NOTICE OF PROPOSED WAIVER

DATE ISSUED: February 29, 2024

Proposed Service: Environmental Oversight Services for the Corrective Action Plan at Gordo

Proposed PROVIDER: Terracon Consultants                                                       

Requesting DEPARTMENT: Environmental Regulatory

Please take notice of Park City Municipal Corporation's (PCMC's) intent to waive a competitive procurement process. PCMC Procurement Rule 5-3 provides that the competitive procurement requirements may be waived under circumstances where there is a reasonable justification, and the waiver is in the best interests of PCMC. The Procurement Official has determined that a waiver is appropriate for a contract for environmental oversight and sampling during the remediation at Gordo based on the information below:

Waiver Justification:

Per Section 5-3(A)(2) of the Park City Procurement Rules, the Procurement Official may waive procurement requirements where awarding the contract through a Standard Procurement Process is impractical and not in the best interests of PCMC. Here, a standard procurement process would be unlikely to produce competition and would not be in the best interests of PCMC. The Gordo Property entered a Utah State DEQ Clean-Up program. This program mandates specific steps before declaring a property to need no further remediation action. Through a competitive procurement process, Terracon Consultants was awarded a contract to provide site characterization, sampling, and drafting of a Corrective Action Plan for the property. Terracon has competently executed the contract terms and has successfully represented the City's interests before DEQ. Through this process, Terracon has become familiar with the Gordo Property and intimately understands what is required in the Corrective Action Plan.

Terracon is, therefore, best qualified to oversee the implementation of the Corrective Action Plan. Any other firm is unlikely to be able to provide the same level of service. Additionally, getting another firm acquainted with the property and Corrective Action Plan would require a significant investment of City staff time, sharing information and data learned until now. It may lead to a delay to the start of remediation efforts. Thus, it is in the best interests of PCMC to waive the requirement to conduct a Standard Procurement Process and to award the contract to Terracon.

*To submit comments regarding this Notice of Proposed Waiver, please email Ryan Blair at ryan.blair@parkcity.org within seven days of the posting date.