HomeMy WebLinkAboutRFP - P993 CHEMICAL SPILL CLEAN UP AND HAZARDOUS MATERIALS HANDLING SERVICES (2)ix,x� � Y.xJY
C ity of Port L. ottrns
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REQUEST FOR PROPOSAL
P993 Chemical Spill Clean Up and
Hazardous Materials Handling Services
Written proposals, seven (7) will be received at the City of Fort Collins' Purchasing Division,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received
before 3:00 p.m. (our clock), June 23, 2005. Proposal No. P993. If delivered, they are to be
sent to 215 North Mason Street, 2Id Floor, Fort Collins, Colorado 80524. If mailed, the address
is P.O. Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Lisa Dobel, Project Manager
at (970) 221-6293.
Questions regarding proposal submittal or process should be directed to John Stephen, CPPO,
CPPB, Senior Buyer, at (970) 221-6777,
A copy of the Proposal may be obtained as follows:
Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #3993.
2. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcqov.com/bso/login.usp
3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request
a copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly
any decision -making authority concerning such sale or any supervisory authority over the
services to be rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from
any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
215 North Mason Street * 1" Floor * P0, Sion 580 * Fbrt Collins, CO 80522-0580 * (970) 221-67 5 • Fax
(970) 221-6707
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plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City its officers and employees, in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City and for the
City's costs and reasonable attorney's fees arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $ combined
single limits and errors and omissions insurance in the amount of
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of _ (_) page(s), attached hereto and incorporated herein
by this reference. At the election of the City, each Work Order may contain a maximum fee,
which shall be negotiated by the parties hereto for each such Work Order. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant to the Work Order and upon
approval of the Professional's direct reimbursable expenses. Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
8. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
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information on the project as constructed. Drawings shall be of archival, prepared on stable
mylar base material using a non -fading process to provide for long storage and high quality
reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established city standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
Work Schedule and other material information. Failure to provide any required monthly report
may, at the option of the City, suspend the processing of any partial payment request.
11. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
14. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default .
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15. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
17. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
18. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of
page(s), attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
0
Date:
ATTEST:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as [insert name of business]
In
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
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(Corporate Seal)
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the
terms of the Professional Services Agreement
and this work order (including the attached
forms) the Professional Services Agreement
shall control.
Professional
By:
Date:
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User
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:
James B. O'Neill Il, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $30,000.00)
Date:
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P993
CHEMICAL SPILL CLEAN UP
AND
HAZARDOUS MATERIALS HANDLING SERVICES
The City is requesting proposals for 24-hour chemical clean-up services to assist the City in
collecting and removing chemicals from City owned property including streets, sewers,
waterways, City facilities, and, in emergencies, private property. Poudre Fire Authority is
responsible for securing chemical spills in the community. However, in some cases the City
may need the assistance of the contractor to cleanup the site or remove bulk supplies of
process chemicals. Additionally, the contractor may be asked to supply appropriately trained
and certified workers for projects involving hazardous materials.
The contractor will be responsible for testing, characterizing, removing, and disposing
contaminated soil, ground water, and residual chemical. The contractor must be properly
staffed and equipped to respond to a variety of incidents and coordinate with Poudre Fire
Authority (PFA), Larimer County Department of Health and Environment (LCDHE), City staff,
and other designated City contractors in executing clean-up projects. The contractor may be
used for the purposes of handling hazardous materials and operating equipment during projects
in areas of known or suspected contamination.
Please provide cost estimates for 24 hrs/day, 7 day/week service and routine 8-5 business
hours. We also encourage potential contractors to familiarize themselves with city operations
and chemical supplies.
The Contractor(s) will be retained by contract for services for a period of one full year beginning
about June 2005. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed four (4) additional one year periods. Pricing changes
shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder
CPI-U as published by the Colorado State Planning and Budget Office. Written notice of
renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior
to contract end.
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SCOPE OF WORK
Performance Requirements:
Comply with all applicable laws, regulations, and local ordinances, including but not limited to:
Environmental Protection Agency, Colorado Department of Public Health and Environment
CDPHE, State Oil Section, Occupational Safety and Health Administration, Department of
Transportation, Larimer County and City of Fort Collins.
Initial Response:
1. Respond and be fully equipped to begin operations within two hours of the initial contact
unless authorized by City staff.
a. Contractor will develop a list of questions to be used by City staff to provide the
contractor with the appropriate information to prepare for the response.
2. Be prepared to integrate into the PFA National Incident Management System (NIMS)
when PFA is in charge of the scene.
3. Conduct a safety briefing with all personnel before beginning work.
4. Exercise the necessary precautions to protect all on -site personnel from potential
hazards associated with a spill, release, abandonment or project.
5. Identify chemical characteristics of unknown substances using direct reading
instruments and other field test methods.
6. Implement containment and cleanup strategies appropriate for the quantity, chemical
characteristics, and media involved in the project, spill, release or abandonment.
7. Keep a daily log work performed, document and report observations made during initial
response and subsequent cleanup. Note such things as:
a. Bystander's comments regarding cause of incident and chemicals involved.
b. The presence of contaminated soil, ground water or free product.
Response and Project Work:
1. Provide a schedule of costs for emergency cleanup services, including drive time with
the proposal.
a. Discuss cleanup plan with the City before starting work.
2. For projects and non -emergency response, provide a detailed scope of services to be
performed, anticipated schedule and detailed cost of services to be approved by the city.
3. Contractors personnel will be trained and maintain appropriate levels of certification for
the work being performed.
4. Prepare a site health and safety plan including contractor's procedures to comply with all
worksite hazards and appropriate to the scope of the cleanup or project.
5. At minimum, conduct daily briefings including safety precautions and project updates
with City personnel.
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6. Remove contaminated soil, ground water or free product from City facilities or spill site in
accordance with all applicable laws & regulations.
7. Secure contaminated materials to prevent subsequent release, personnel exposure,
damage to facilities, and ensure reliability of sampling and analysis until they can be
properly prepared for disposal.
8. Decontaminate existing site structures and equipment.
9. Collect and deliver analytical samples to a lab of the City's choice.
a. Use EPA and CDPHE required sampling methods
b. Maintain proper chain of custody with analytical samples.
10. Evaluate site conditions, recommend and discuss disposal options with a City
representative.
11. Transport and temporarily store (if necessary and feasible) until materials can be
disposed of at an appropriate waste a facility of the City's choice.
12. Certificate of destruction will be required for disposal of scrap metal/tank, hazardous
wastes, and special wastes.
13. The City requires a "No Further Action" letter (NFA) from LCDHE or State Agency on all
cleanup and projects as directed by the County or State.
14. A portion of the final invoice payment may be withheld until the City receives the
certificate of destruction and/or an NFA letter.
Project Completion:
1. Remove all supplies, equipment, and waste stored on site used for clean-up and
disposal.
2. Conduct a debriefing, if requested, with City personnel
3. Prepare a complete final report within 10 days of project completion.
a. Provide an executive summary for reports greater than 10 pages in length.
4. Provide copies or daily logs from the response or project.
5. Provide an itemized bill for services provided.
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PROPOSALS
The Submittal should indicate:
1. The number and technical expertise of personnel, applicable licenses and certifications.
2. Experience performing clean-up/project services, including examples of types of
contaminates.
3. Description of contractor's safety program including list of routine and specialized
training for personnel based on state and federal regulatory requirements.
a. Provide information on training, experience and certifications related to removing
asbestos, lead, mold, Hanta virus or methamphetamine lab contamination.
4. List industrial hygiene services available to contractor personnel.
5. A schedule of charges for personnel (based on expertise), equipment and services for
on call emergency response.
6. A schedule of charges for personnel (based on expertise), equipment and services for
project work.
7. Ability to maintain a crew on standby.
8. List of subcontractors used and their qualifications. Include the name & phone number
of contact person.
9. List of cleanup equipment and supplies available to firm.
10. The process for identification of chemical characteristics of unknown substances.
11. Prices charged for lab work.
12. Provisions for contract personnel during large scale clean-up projects.
13. Ability to store hazardous, special and non -hazardous waste until final disposal.
14. Elements of a closing report.
15. Amount of professional liability or errors and omissions insurance.
16. List of any citations, fines, settlements, or confirmed violations issued by any regulatory
or legal agency concerning performance on hazardous materials abatement contracts in
the last 3 years.
17. Client references, including name, address, and phone number of contact person.
18. Provide brief overview of your administrative recordkeeping procedures for personnel
training and documentation for lab analysis, waste disposal and spill response tracking.
This is not an exclusive contract. The City will contract with more than one cleanup contractor
and is not an exclusive contract for project work.
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REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5
being an outstanding rating.
WEIGHTING
QUALIFICATION
STANDARD
FACTOR
2.0
Scope of Proposal
Does the proposal show an understanding of the
variety of project objectives and methodology to be
used.
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are people of the
requisite skills assigned to the project?
1.0
Availability
Are other qualified personnel available to assist in
meeting the project as required? Are they available
24/7?
2.0
Cost and
Are the costs presented reasonable for the effort
Work Hours
required in each task or phase?
Firm Capability
Does the firm have the support capabilities the
2.0
assigned personnel require? Has the firm done
previous projects of this type and scope?
Reference evaluation: (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
CONFIDENTIALLITY AGREEMENT
According to Homeland Security Presidential Directive/Hspd-7, Information on critical
infrastructure of the City of Fort Collins provided to a contractor for purposes of preparing a
proposal, responding to a chemical emergency, or working on a project must be kept confidential.
If you have authorized access to the information regarding City infrastructure, it is your
responsibility to ensure that it is stored in a secure place and that unauthorized persons are not
provided with the information contained in any of the documents. Information refers to any:
plans, maps, photos, notes of discussions, logs, or any means of identifying structures and/or
procedures of the City's infrastructure.
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PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as
"Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with any project Work Orders for , issued by the City. A blank sample
of a work order is attached hereto as Exhibit "A", consisting of (_) page and is
incorporated herein by this reference. The City reserves the right to independently bid any
project rather than issuing a Work Order to the Professional for the same pursuant to this
Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. [Option 1] This Agreement shall commence and
shall continue in full force and effect until _, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed _ (_) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
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CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
Written notice of renewal shall be provided to the Service Provider and mailed no later than
ninety (90) days prior to contract end.
4. Contract Period. This Agreement shall commence and shall
continue in full force and effect until , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed (_) additional one year periods. Pricing changes shall be
negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as
published by the Colorado State Planning and Budget Office. Written notice of renewal shall be
provided to the Service Provider and mailed no later than ninety (90) days prior to contract end.
5. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Professional. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Professional: City: With Copy to:
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Proiect Insurance and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
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