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HomeMy WebLinkAboutRFP - 7172 CHEMICAL SPILL CLEANUP AND HAZARDOUS MATERIALS HANDLING SERVICES1 REQUEST FOR PROPOSAL 7172 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. Proposals may be submitted by E-mail. E-mail submittal shall be e-mailed to: jstephen@fcgov.com. Please send a separate e-mail to confirm that your proposal was received. Written proposals, five (5) 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), September 15, 2010. Proposal No. 7172. 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. Questions concerning the scope of the project should be directed to Carol Webb, Regulatory and Government Affairs Manager at (970) 221-6231 or cwebb@fcgov.com. Questions regarding proposal submittal or process should be directed to John Stephen, CPPO, CPPB, Senior Buyer, at (970) 221-6777 or jstephen@fcgov.com. . A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing 2 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 3 7172 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 service provider will be responsible for testing, characterizing, removing, and disposing contaminated soil, ground water, and residual chemical. The service provider 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 service provider 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. Awarded service provider must enter into the attached service agreement (for your review) and provide the required insurance (Exhibit B). This agreement is effective for one year from the date on the service agreement. 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 use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office 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 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 at the cleanup site within two (one hour preferred) hours of the initial contact unless authorized by City staff. a. Service provider will develop a list of needed information 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 on site 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 of 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. Service provider’s personnel will be trained and maintain appropriate levels of certification for the work being performed. 5 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. 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) waste until materials can be disposed of at an appropriate facility of the City’s choice. 12. Certificate of destruction will be required for disposal of scrap metal/tank, hazardous wastes, and special wastes. Completed, signed manifests are required to prove proper disposal of material. Documentation must be provided to the city within 90 days of material removal. 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 will be withheld until the City receives the certificate of destruction and/or completed manifests 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. 6 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 scheduled 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 available cleanup equipment and supplies. 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 may contract with more than one cleanup contractor and the City reserves the right to bid any work. 7 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 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 qualified personnel available to assist in meeting the project as required? Are they available 24/7? 2.0 Cost and Work Hours Are the costs presented reasonable for the effort required in each task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? SA rev03/10 8 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. SA rev03/10 9 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 , hereinafter referred to as "Service Provider". 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 Service Provider 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. SA rev03/10 10 4. Contract Period. [Option 2] 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 ( ) 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. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option 6. 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 Service Provider. 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: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service SA rev03/10 11 Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of pages, and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. 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 or cause of action arising out of performance of this Agreement. 12. Warranty. SA rev03/10 12 a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 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 thereof. 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. SA rev03/10 13 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. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. 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 SA rev03/10 14 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. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider SA rev03/10 15 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 Service Provider 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. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. 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. CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP SA rev03/10 16 Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 17 EXHIBIT “ ” 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: 1. 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.