HomeMy WebLinkAboutRFP - P1131 HAZARDOUS MATERIALS STUDY (2)REQUEST FOR PROPOSAL
P1131 Hazardous Materials Study
Written proposals, four (4) 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), July 9, 2008. Proposal No. P1131 Hazardous Materials Study. If
delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado
80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
A pre -proposal conference is scheduled on June 16, 2008, 10:00 a.m. at 215 N. Mason,
Conference Room 2E, in Fort Collins. Teleconferencing service will be provided, and please
call 970-416-2500 to participate. You must state your name and have downloaded the RFP
from the following website: www.fcgov.com/eprocurement . The answers to all questions will be
sent by e-mail to the registered consultants and posted on the Purchasing webpage.
Questions concerning the scope of the project should be directed to Project Manager Susie
Gordon (970) 221-6265.
Questions regarding proposals submittal or process should be directed to John D. Stephen,
CPPO, Senior Buyer (970) 221-6777.
A copy of the Proposal may be obtained as follows
Download the Proposal/Bid from the BuySpeed Webpage,
www.fcqov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
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.
rev 01/08
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 hereto and upon the City's approval of the Professional's actual
reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal 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.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($ ). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs 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 hereto and upon the City's approval of the Professional's
reimbursable direct costs. 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.
7. 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.
8. Project Drawings. [Optional]Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project
containing accurate 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.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien;
_M
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the "Basic
Pilot Program") in order to confirm the employment eligibility of all newly hired
employees.
Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Contractor shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
g. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
h. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Wp
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
In
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Seal)
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
• Understanding of emerging issues such as electronic waste regulations and product
stewardship models
Examples of previous work in these areas of emphasis should be provided. Use of qualified
subcontractors for any part of the work is permissible; each company must be fully identified in
responses submitted to this RFP.
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
FACTOR
QUALIFICATION
STANDARD
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as
required by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Do the proposed cost and work hours compare
Work Hours
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
Does the firm have the support capabilities the
2.0
Firm Capability
assigned personnel require? Has the firm done
revious ro'ects of this t e and sco e?
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
where renewal is a way of lift;
P1131 HAZARDOUS MATERIALS STUDY
SCOPE OF WORK
Complete a study of hazardous materials management in the City of Fort Collins, Colorado that
will: 1) review the City's current policies and programs for protecting the local community and
environment from hazardous waste pollution; 2) supply data and analysis to assess the impacts
of hazardous materials in the community; and, 3) provide a comprehensive and detailed list of
options for making improvements to the current system in terms of hazardous waste collection
and management, and for implementing source reduction measures for hazardous materials.
The purpose of this study is to focus on hazardous materials and hazardous waste generated
by residential sources. However, hazardous waste from commercial and industrial generators
should also be characterized and quantified in this study.
The consulting team will work closely with a team of City staff including representatives from
Natural Resources, City Attorney, Utilities, and Purchasing departments.
PROJECT DESCRIPTION
To address hazardous materials questions in Fort Collins, the City is requesting a consultant or
consulting team to prepare a comprehensive study that answers the following problem
statement/question:
"By analyzing the way hazardous materials are currently managed in Fort Collins, the
City will identify the optimal systems and associated resources necessary to protect the
health, welfare, and natural environment of Fort Collins citizens from hazardous waste
impacts."
The City Council has allocated a total project budget of $50,000.
The project will rely on consulting assistance to prepare background research and data
regarding hazardous materials issues (causes and effects, current situation, and reasonable
projections), and options for addressing these issues. The range of options under consideration
will include, but are not limited to:
• Null alternative —no changes to the existing systems/programs.
• New regulatory actions which could address one or more of the identified issues
at the local level.
• Creation of new City services that may include but are not limited to hazardous
waste collection and / or drop-off programs.
The consulting team will work with an inter -departmental team for the purposes of completing
three separate tasks, as follows.
TASK 1. Review the City's current policies, practices, and programs that are currently in
place to meet the goals of good hazardous materials management and protecting
the community from hazardous waste pollution.
1. Review existing data and practices:
• Evaluate opportunities to improve source reduction and recycling for, and to prevent
inappropriate disposal of, hazardous materials.
• Evaluate accuracy of City's metrics and measurements for hazardous materials in the
community.
2. Document "best practices" for hazardous materials management used by other
communities.
3. Summarize emerging issues of specific hazardous materials disposal/management, e.g.,
compact fluorescent light bulbs, electronic waste, mercury thermometers, etc.
4. Evaluate the potential impacts of emerging hazardous waste needs on trash collection
service in Fort Collins
TASK 2. Data Collection and Analysis
1. Use information from the City, local private trash haulers and other collection/transporter
businesses, and public agencies (e.g., Larimer County and State) to establish accurate local
data on the amount and types of hazardous materials and hazardous waste that are being
handled in Fort Collins.
2. Quantify impacts to air quality, neighborhood safety, landfill and groundwater protection, and
natural habitat conservation that are related to hazardous waste.
3. Consider applying concepts from Industrial Ecology (i.e., Material Flows Analysis) to pull
data together in context of achieving community goals and optimizing efficiencies.
TASK 3. Research and create a list of options for the City of Fort Collins to consider
implementing that will help the community achieve greater efficiency in
hazardous waste prevention, diversion from inappropriate disposal, and
recycling. Describe which priority actions are recommended by the consultant for
implementation.
1. Options should include, but are not limited to:
• Null alternative (no changes to existing system)
• Changes and/or additions to regulations affecting hazardous materials/waste
management.
• New initiatives that could be implemented by the City to achieve exemplary levels of
public safety from the risks of hazardous waste being released to the local
environment.
2. Each option should be evaluated for its benefits and estimated cost of implementation
3. Professional suggestions for additional alternatives to consider evaluating could include, but
are not limited to:
• Technology innovations in the hazardous materials manufacturing industry, such as
product stewardship initiatives, and in the waste collection and treatment industry,
including but not limited to route planning software and materials tracking software.
• Regulation of hazardous materials manufacturers, waste generators, or collectors.
• Regulations on the operation of hazardous waste collection and transport vehicles.
• Improvements in source reduction programs that reduce the quantity of hazardous
materials consumed, and the quantity of hazardous waste generated.
• Establishment of a local environmental fee by City government to pay for hazardous
waste management programs.
4. Prepare report that includes: data analysis; pros / cons of each option presented; a
graphical representation of how each option addresses the issues of concern (i.e., air
quality, public safety, landfill and groundwater protection, natural habitat conservation, etc.);
and, professional recommendations on which option(s) would be most feasible and/or
effective for the City to implement
TIMELINE
Timeline for 2008 Hazardous Waste Stud
June 16, 10:00 a.m.
Optional pre -proposal meeting
July 9, 2008 3:00 P.M
Proposals due
Week of Jul 21, 2008
Consultant Interviews
Week July 28, 2008
Negotiated contract finalized
August through September
15, 2008
Initiate and implement work on project
September 15, 2008
Final report due
DELIVERABLES
Written outline of the schedule for completing tasks.
Complete final report and analysis of various strategies, programs, or systems (three hard
copies and electronic files of all materials), including:
• Executive summary
• Ranked list of consultants' professional recommendations for actions that the City
could take to improve hazardous materials management and increase public safety
from the risks of hazardous waste
OTHER
Consultants must provide guaranteed maximum price with reimbursable costs and rate
schedules for themselves and subcontractors as part of submitted responses. References must
be provided for consultants and subcontractors.
Deliverables must be provided within 80 days of the notice to proceed. Any requests for
extensions to deadlines must be approved by the City in advance.
Selection of consultant will be determined based on the criteria attached. Interviews may be
requested with selected firms.
Consultant may be asked to make a presentation(s) to the City Manager and the Council.
FOLLOW-UP WORK ORDERS
City reserves the right to use selected consultant(s) for additional contractual work during the
next year.
PREFERRED QUALIFICATIONS FOR CONSULTING TEAM
Consulting team's experience in the following areas is seen as critically important to the success
of the project:
• Hazardous materials and hazardous waste planning, management, and design and
engineering
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?
PROFESSIONAL SERVICES AGREEMENT
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 , [insert either a corporation, a partnership or an
individual,doing business as , 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 the scope of services attached hereto as Exhibit "A", consisting of ( ) pages,
and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence 200 and shall
continue in full force and effect until 200 , 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 four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
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. Early Termination by City. 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 addresses:
Professional:
City:
With Copy to:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
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.
5. Design, Project Indemnity 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,
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 attorneys 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 $500,000 combined single
limits and errors and omissions insurance in the amount of $1,000,000.
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of
the services to be performed pursuant to this Agreement, the City agrees to pay Professional a
fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and
costs shall not exceed ($ ). Monthly partial payments based upon the Professional's