HomeMy WebLinkAboutRFP - 8047 ENVIRONMENTAL SERVICESREQUEST FOR PROPOSAL
8047 Environmental Services
The City of Fort Collins is requesting proposals from qualified environmental services Consultants to
conduct general environmental consulting services as may be required by the City by work order.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is
preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and
e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, seven (7)
copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor,
Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), January
20, 2015 and referenced as Proposal No. 8047. 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. Please note, additional time is required for bids mailed to the PO Box to be received
at the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response
to all requests for proposals. No individual or business will be discriminated against on the grounds of
race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs
can compete fairly and to ensure nondiscrimination in the award and administration of all contracts.
Questions concerning the scope of the bid should be directed to Matt Zoccali at (970)224-6008
or mzoccali@fcgov.com.
Questions regarding bid submittal or process should be directed to Pat Johnson, CPPB, Senior Buyer
at (970)221-6816 or pjohnson@fcgov.com.
All questions must be submitted in writing via email to Matt Zoccali, with a copy to Pat Johnson,
no later than 5:00 PM our clock on January 13, 2015. Questions received after this deadline will not
be answered.
A copy of the RFP may be obtained at www.rockymountainbidsystem.com.
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. All
provisions of any contract resulting from this request for proposal will be public information.
New Vendors:
The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9
and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct
Deposit Authorization Form can be found on the City’s Purchasing website
at www.fcgov.com/purchasing under Vendor Reference Documents.
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
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
RFP 8047 Environmental Services Page 1 of 22
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.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state
and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting
award under all terms and conditions specified and upon agreement by all parties. Usage by any other
entity shall not have a negative impact on the City of Fort Collins in the current term or in any future
terms.
Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the
organization’s philosophy and approach to Sustainability. In no more than two (2) pages please
describe how your organization strives to be sustainable in the use of materials, equipment, vehicles,
fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our
decision process by including economic (or financial), environmental, and social factors in our
evaluation.
The selected Service Provider shall be expected to sign the City’s standard Agreement without
revision prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 8047 Environmental Services Page 2 of 22
REQUEST FOR PROPOSAL
8047 EVIRONMENTAL SERVICES
I. OVERVIEW
The City of Fort Collins is requesting proposals from qualified environmental services Consultants to
conduct general environmental consulting services as may be required by the City by work order.
A. Objectives & Structure
This solicitation has four primary objectives:
♦ To provide the City with environmental services consultants with the depth of experience, staff
capabilities, materials, and equipment required to address in a timely and competent manner the
diverse environmental issues that face the City.
♦ To develop a partnership between the City’s environmental management staff and the
environmental services vendor(s), focused on long-term cost savings and reduction in City
expenditures through state-of-the-art approaches to compliance; effective management of
environmental issues, assets, and liabilities; and use of competitive, cost-effective service
providers.
♦ To support City staff and contractors in assuring that the City is proactively addressing its
environmental responsibilities in a high-quality, integrated approach, protecting human health and
the environment, cost-effectively complying with regulatory requirements, preventing pollution, and
integrating environmentally sustainable practices.
♦ To help make the City of Fort Collins a leader in sustainability, environmental management, quality,
and compliance, resulting in the achievement of a better environment for the citizens of Fort Collins
at a lower overall cost.
These services could be applicable to City properties, operations, and/or services. Contract(s) resulting
from this RFP will be made available to all City departments; use of such contract(s) will be at the
option of those departments, depending upon their needs.
The firm(s) selected to provide these services may be required, on a Work Order basis, to provide a
wide range of services, as required to meet the City's needs. The general environmental services
solicited herein include, but are not necessarily limited to, items and tasks in these eight areas:
A. Environmental Assessment and Investigation
B. Remedial Technology Selection and Implementation
C. Ecological Assessment and Permitting
D. Voluntary Cleanup
E. Environmental Auditing
F. Human Health Risk Assessment
G. Air Quality Permitting, Monitoring, Modeling, and Compliance
H. Litigation Support/Expert Technical Analysis
B. Instructions to Consultants
1. Interviews
In addition to submitting a written proposal, finalists may be interviewed by the City of Fort Collins and
asked to do an oral presentation about their company and approach to the project.
2. Project Schedule
Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to
amend the target schedule at any time.
RFP 8047 Environmental Services Page 3 of 22
• Final Questions due: January 13, 2015
• Proposal due date: January 20, 2015
• Interviews (tentative): the week of February 2, 2015
3. Travel & Expenses
Consultants are to provide a list of items that may be submitted for reimbursement. Reasonable
expenses will be reimbursable as per the attached Exhibit C Fort Collins Expense guidelines.
4. Work Order Procedures
Work performed pursuant to contract(s) executed pursuant to this Request for Proposals will be
authorized by Work Order, issued by the appropriate department(s). No Work Order shall exceed
$75,000. This is not an exclusive contract and the City reserves the right to independently seek
proposals/quotes on any project, rather than issuing a Work Order to the Consultant. The Consultant
shall provide all personnel, equipment and supplies necessary to complete the professional services
set forth in the Scope of Work. Total project time, any retainage clause, and any applicable liquidated
damages clause will be determined as part of the project Work Order for each individual project.
5. Award
If the City chooses to enter into more than one contract, after the contracts are completed, the highest-
ranked Consultant will be considered first for any Work Order. If the City determines that the company
cannot meet the required time schedule, or a conflict of interest exists, or the work to be performed is
not within the scope of the capabilities of that company and/or any applicable subconsultants, the
second-highest-ranked Consultant with whom the City has contracted will be considered for the work.
The City recognizes that different Consultant firms and subconsultants may have different levels of
expertise and experience in different service areas. It is possible that the City will choose to award one
or more portions of the general scope of services described in this Request for Proposals to one firm,
separately from the other portions of the general scope of services.
Currently, CGRS is under contract for any project Work Orders issued by the City for Above Ground
Storage Tank (AST) and Underground Storage Tank (UST) tank and line integrity testing, maintenance,
and other associated tank and line requirements; investigate, monitor and remediate petroleum
releases from the City’s fixed facilities and associated tanks; and submit any required paperwork to the
Division of Oil and Public Safety and other state divisions as required. The City intends to continue to
use CGRS as the primary provider for these services. Through this RFP, a second provider of these
services may be identified.
6. Term
Any agreement(s) will be effective for a period of one year from the date of the completed Professional
Services Agreement, and will be renewable for two (2) additional one-year terms (one at a time), at the
option of the City and if the Consultant is agreeable to the same terms and conditions contained herein.
7. Method of Payment
The Consultant shall receive payments for satisfactorily completed work based on verified progress in
the following manner: The cost of the work completed shall be paid to the Consultant each month
following the submittal of a correct invoice by the Consultant indicating the hours worked, hourly rate
and percentage of that work that has been completed by task, and including a brief progress report.
All invoices submitted by the Consultant shall be directed to the City Project Manager for review and
authorization of payment.
RFP 8047 Environmental Services Page 4 of 22
Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service
is requested which is not listed on the Price Schedule, the Consultant and the City will negotiate an
appropriate unit price for the service prior to Consultant initiating such work.
8. Conferences
During the progress of the work, the Consultant shall confer with the City as necessary to ensure that
the completed work will meet with the City’s approval. The City will designate a Project Manager for
each project Work Order. The Consultant shall meet with the Project Manager at intervals to review the
progress of the work and shall be required to submit brief monthly progress reports to the Project
Manager.
II. GENERAL SCOPE OF ANTICIPATED & POTENTIAL SERVICES
This section is intended to outline the categories in the general scope of work that may be needed by
the City. The Consultant is expected to demonstrate understanding and expertise in each general
category and provide examples of the types of specific services that will be required or may potentially
be required in each area. It is possible that additional or extended similar services may be required at
some point in time, and the City may choose to utilize the Consultant under such circumstances.
However, the City makes no assurance that any specific service described in this section will be
needed during the term of any contract that may be awarded pursuant to this Request for Proposal.
See Section III below, Proposal Description & Format, for more information on defining your
capabilities in relationship to these categories, items, and tasks, and other similar capabilities. In
general, in all relevant categories, please be prepared to incorporate compliance with all Federal,
State, regional, and local laws, regulations, and policies.
A. Environmental Assessment and Investigation
The Consultant will work with the City to:
1. Perform due diligence assessments (Phase I and Phase 2 Environmental Site Assessments in
accordance with ASTM standards) of property to be acquired by the City, including
recommendations regarding the potential liability associated with a property.
2. Perform Phase 2 investigations associated with and in support of the above property transfer
due diligence assessments.
3. Provide, on an as-required basis, integrated services for the collection, analysis, and
interpretation of environmental samples (air, water, soil, biota, and wastes).
4. Design and perform subsurface soil and groundwater investigations and waste characterization
studies associated with leaking underground tanks, release of hazardous substances, or other
environmental impacts. These services are to include the capability of providing drilling and
sample collection, and analytical and laboratory services.
5. Advise the City in matters associated with contaminant transport, hydrogeology, geology,
environmental chemistry, and related disciplines needed to assess the potential environmental
exposure to hazardous substances releases.
6. Advise the City on matters associated with Superfund, state mandated cleanups, underground
storage tank programs, voluntary cleanup program, and other investigative type programs.
Prepare Spill Prevention, Control, and Countermeasure Plans.
7. Advise the City on issues associated with the use and release of petroleum fuels, chlorinated
solvents, PCBs, metals, and other constituents that may represent a threat to human health
and the environment.
RFP 8047 Environmental Services Page 5 of 22
8. Perform waste characterization studies on potentially hazardous materials.
9. Perform Asbestos & Pb-based paint inspections for demolition, renovation, and on-going
management of asbestos-containing materials.
10. Advise the City on Solid Waste management and Disposal issues, including Regulated
asbestos-contaminated soils (RACS).
B. Remedial Technology Selection and Implementation
The Consultant will work with the City to:
1. Evaluate the impact of environmental releases of hazardous substances on soil and in
groundwater and determine the technologies that would be applicable to mitigate the concerns
caused by release of hazardous substances or petroleum products
2. Determine the technologies that would be applicable to mitigate the concerns caused by
release of hazardous substances or petroleum products.
3. Develop asbestos-contaminated soils management plans in accordance with state regulations.
Provide oversight on City projects related to compliance with said management plans.
4. Perform excavation oversight and materials management services for environmentally
contaminated properties.
5. Design, implement, and/or manage environmental remediation projects, including excavation
and disposal, in-situ treatment of soil and groundwater, vapor extraction, bioventing,
groundwater pump-and-treat projects, and intrinsic remediation technologies. These services
are to include obtaining any necessary regulatory agency permits and/or approvals.
6. Prepare necessary reports and submittals, both for the City and for any other relevant
regulatory or public agency.
7. Excavate and contain hazardous and non-hazardous contaminated materials.
8. Collect and/or treat contaminated water.
9. Provide post-cleanup site assessment, following appropriate site closure procedures.
C. Ecological Assessment and Permitting
The Consultant will work with the City to:
1. Design and conduct assessments of the impact of various programs (i.e., road construction) on
ecological receptors such as riverine and wetland environment and terrestrial habitats.
2. Advise the City in matters associated with environmental permits (i.e. 404 permit for wetland
activity and construction dewatering permits), including the preparation and submittal of such
permits.
3. Advise the City in matters associated with projects to improve, manage, and develop habitat.
4. Design site revegetation and restoration projects.
5. Conduct assessments of threatened and endangered species.
D. Voluntary Cleanup
The Consultant will work with the City to evaluate the applicability of voluntary cleanup regulations
or policies for City properties, or properties of interest to the City, and prepare the plans required to
implement such actions.
RFP 8047 Environmental Services Page 6 of 22
E. Environmental Auditing
The Consultant will work with the City to:
1. Design and conduct audit programs needed to assess activities and services, and assure
environmental compliance.
2. Develop specific protocols for auditing environmental, health, and safety compliance and
related issues.
3. Provide and report on specific environmental, health, and safety compliance assessments.
4. Design and provide oversight for environmental management systems and associated
programs in accordance with ISO 14001 standards.
F. Human Health Risk Assessment
The Consultant will work with the City to design, review, and/or perform work plans for ecological
and human health risk assessments.
G. Air Permitting, Monitoring, Modeling, and Compliance
The Consultant will work with the City to:
1. Develop and prepare air permits. Perform air monitoring, record keeping, and reporting.
Prepare routine and special reports of air quality data.
2. Advise the City on implications of pending or proposed federal, state, regional, or local air
quality laws, regulations, ordinances, and standards.
3. Advise and assist in the development or review of risk management plans for responding to the
accidental release of regulated substances.
4. Prepare air hazard assessment regarding release scenarios, zones of impact, identification of
impacted receptors.
H. Litigation Support/Expert Technical Analysis
Upon request by the City Attorney’s designee or the Executive Director’s designee, the Consultant
shall provide environmental litigation support and technical assistance as indicated below:
1. Testifying and non-testifying experts – provide testifying experts and non-testifying experts.
2. Training - provide training on topics, such as the Clean Water Act, control technologies,
groundwater and associated fate and transport.
3. From Expert evaluation of existing information, such as the review and interpretation of
chemical, hydrogeologic, and risk data.
III. PROPOSAL DESCRIPTION & FORMAT
For this section, consultants are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what consultants
propose to provide and shall be incorporated in the contract award as deemed appropriate by Utilities.
A proposal that does not include all of the information required may be deemed incomplete and may
be subject to rejection.
RFP 8047 Environmental Services Page 7 of 22
A. Executive Summary
The Executive Summary should highlight the content of the proposal and features of the program
offered, including a general description of the program and any unique aspects or benefits provided by
your firm.
B. Consultant Information and Experience
The Consultant should provide the following information:
1. Primary contact information for the company including contact name(s) and title(s), mailing
address(s), phone number(s), and email address(s).
2. Describe the Company’s business and background, including the size, location, capacity, type
of firm, details about ownership and year established.
3. Describe the company’s structure, including an organizational chart, which illustrates
leadership and roles.
C. Scope of Proposal
This section is to include, at a minimum, the following components:
1. Proposal Understanding. This section should demonstrate the understanding of the Consultant
(and any applicable subconsultants) of the required services, and of the policy and procedural
issues that may be involved in providing such services. This section should not exceed 5-8 pages.
2. Specific Service Requirements. This section should consist of a description of the understanding,
expertise, and experience of the Consultant (and any applicable subconsultants) in relationship to
each item or task listed in Section II above. This section should not exceed one-half to one page
of description for each of the categories listed in Section II, or no more than 15-20 pages total.
3. Relevant Project Experience. This section should consist of summary descriptions of projects that
will provide examples of how the Consultant and any affiliated subconsultants have performed the
activities included in the scope of work in the past. Detailed or extended descriptions may be
provided in the Appendices. This section should not exceed 5-8 pages. Specifically, please
address the following two scenarios and provide detailed information related to tasks, timelines,
and costs for each.
a. The City of Fort Collins is considering purchasing 3 parcels of land along the Cache La Poudre
River. A previously-conducted Phase 1 EA provides numerous Recognized Environmental
Conditions, including observation of landfill debris, stained soils, and historical industrial
activities, both at the location of the parcels in question and adjacent to the area. Provide a
detailed description of recommendations for required tasks, considerations for strategic
planning, scope of services provided, and related fees and costs.
b. The City is planning the construction/maintenance/upgrade of a section of wastewater collection
system infrastructure. Provide a detailed description of recommendations for required tasks,
considerations for strategic planning, scope of services provided, and related fees and costs as
it relates to obtaining a Colorado Department of Public Health and Environmental Construction
Dewatering Permit.
D. Capabilities and Qualifications
This section is to include, at a minimum, the following components and should be no longer than ten
(10) pages in length total.
RFP 8047 Environmental Services Page 8 of 22
1. Capabilities. This section should describe the capabilities of the Consultant and any affiliated
subconsultants, based on education, experience, and previous projects. This should include a
matrix chart or description of area of expertise vs. available staffing. Please also include in this
section a description of any additional similar and related environmental service and consulting
capabilities, above and beyond those required to perform the services described in Section II
above.
2. Staff. This section should list staff members who will provide services directly, including the length
and type of experience related to each type of service, specific areas of expertise, and billing
category. Include resumes (1/2 page in length) for these persons in the Appendices. Describe the
availability of project personnel to participate in this project in the context of the consultant firm’s
other commitments.
3. References. This section should consist of five client references that the City may contact
concerning performance on current or recent projects, complete with address, email address,
phone numbers, and contact persons, including at least one municipality or public entity for whom
the Consultant has done work within the past five (5) years.
4. Subconsultants. This section should list the name, address, phone numbers, capabilities,
qualifications, experience, and expertise of any subconsultant to be retained by the Consultant to
assist in any of the defined service areas. Identify what work, if any, may be subcontracted.
5. Communication & Tools. Describe the methods and timeline of communication your firm will use
with the City’s Project Manager and other parties. Include a description of the software and other
analysis tools to be used.
E. Fees and Costs
This section is to include, at a minimum, the following components and should be no longer than
ten (10) pages in length total.
1. General Labor and Direct Costs. This section should consist of a schedule of hourly rates by each
labor category and an additional schedule for direct costs associated with the performance of such
work, for both the Consultant and for any subconsultants (not including laboratory and testing
costs; see below). Include the percent mark-up for subcontractors and expenses if applicable.
2. Specific Scope of Services Costs. This section should consist of a schedule of costs relating to the
specific items included in Section II above, General Scope of Anticipated & Potential Services,
organized in that fashion. This should include any and all specific costs, separate from the
Consultant’s/subconsultant’s general labor and direct costs that would be associated with providing
those services. Specifically, this section should include laboratory and testing costs, with
identification of the laboratory and testing facilities that the Consultant intends to use. Provide
estimated hours for each proposed or optional task, including the time required for meetings,
conference calls, etc.
3. Other Costs. A schedule of costs, not included above, for any additional services that you believe,
based upon your professional experience, may be of value to the City under specific
circumstances.
F. Appendices
1. Resumes. Provide a list of Project Personnel to include identification of the contact person with
primary responsibility for this contract, the personnel proposed for this contract and any
supervisory personnel, including partners and/or sub-consultants. A résumé for key professional
RFP 8047 Environmental Services Page 9 of 22
and technical persons assigned to the contract, shall be submitted. Please limit resumes to one-
half (½) page each.
2. Detailed Project Descriptions. Additional project descriptions may be included here. This
section is to be limited to projects within the last three (3) years and should not exceed 5 pages
in length.
G. Additional Information
Provide any information that distinguishes your firm from its competition and any additional information
applicable to this RFP that might be valuable in assessing Consultant’s proposal. Information should be
limited to two (2) pages.
Explain any concerns Consultant may have in maintaining objectivity in recommending the best solution
for Utilities. All potential conflicts of interest must be disclosed.
H. Sustainability
In no more than two (2) pages please describe how your organization strives to be Sustainable in the
use of materials, equipment, vehicles, fuel, recycling, office practices, etc..
IV. REVIEW AND ASSESSMENT
Consultant firms will be evaluated on the following criteria. These criteria will be the basis for review
and assessment of the written proposals and optional interview session. At the discretion of the City,
interviews of the top rated firms may be conducted.
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.
The City recognizes that different Consultant firms and subconsultants may have different levels of
expertise and experience in different service areas. Each Consultant must be explicit and detailed in
response to this RFP in regard to the Consultant’s and subconsultant(s)’ specific strengths, experience,
and areas of expertise. It is possible that the City will choose not to incorporate one or more portions of
the general scope of services described in this Request for Proposals into any contract(s) executed
pursuant to Request for Proposals.
WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal address all elements of the RFP?
Does the proposal show an understanding of the project
objectives, methodology to be used and
results/outcomes required by the project? Are there
any exceptions to the specifications, Scope of Work, or
agreement?
2.0 Assigned Personnel
Do the persons who will be working on the project have
the necessary skills and qualifications? Are sufficient
people of the requisite skills and qualifications 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?
RFP 8047 Environmental Services Page 10 of 22
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the project,
and their day-to-day business operating processes and
procedures?
2.0 Cost and
Work Hours
Does the proposal included detailed cost break-down
for each cost element as applicable and are the line-
item costs competitive? Do the proposed cost and work
hours compare favorably with the Project Manager's
estimate? Are the work hours presented reasonable for
the effort required by each project task or phase?
2.0 Firm Capability
Does the firm have the resources, financial strength,
capacity and support capabilities required to
successfully complete the project on-time and in-
budget? Has the firm successfully completed previous
projects of this type and scope?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced
negative effect on human health and the environment when compared with competing products or
services that serve the same purpose. This process is also known as “Environmentally Preferable
Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of
performance: economic, or financial; environmental, and social. The generally accepted definition of
Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an
organization’s activities on the world…including both its profitability and shareholders values and its
social, human, and environmental capital.”
V. REFERENCE EVALUATION (TOP RATED 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?
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EXHIBIT A
PROPOSAL ACKNOWLEDGEMENT
Consultant hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for
Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms,
conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby
makes the following representations to Utilities:
a. All of the statements and representations made in this proposal are true to the best of
the Consultant’s knowledge and belief.
b. The Consultant has obtained all necessary authorizations and approvals that will enable
the Consultant to commit to the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof.
d. I further agree that the method of award is acceptable to my company.
e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30
days of notice of award.
f. If contract is not completed and signed within 30 days, City reserves the right to cancel
and award to the next highest rated firm.
g. I acknowledge receipt of addenda.
Consultant Firm Name:
Physical Address:
Remit to Address:
Phone:
Authorized Agent of Firm Name:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
RFP 8047 Environmental Services Page 12 of 22
EXHIBIT B
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 RFP issued by the City. A blank sample of a work order is attached hereto as
Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. No Work
Order shall exceed $ . 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.
Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely
responsible for performance of all duties hereunder.
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. 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.
5. Contract Period. [Option 1] This Agreement shall commence , 20 , and shall continue
in full force and effect until , 20 , 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. Written notice of renewal shall be provided to the
Professional and mailed no later than thirty (30) days prior to contract end.
6. 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: Copy to:
RFP 8047 Environmental Services Page 13 of 22
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
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.
4. 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 $1,000,000 combined single limits and errors and omissions insurance
in the amount of $1,000,000, in accordance with Exhibit , consisting of one (1) page,
attached hereto and incorporated herein.
7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to
be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the
amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not
exceed ($ ). Monthly partial payments based upon the Professional's 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 Clause 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. 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
RFP 8047 Environmental Services Page 14 of 22
final payment, all designs, plans, reports, specifications, drawings and other services rendered by
the Professional shall become the sole property of the City.
9. 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.
10. 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 City in an
AutoCAD version no older then the established city standard.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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
RFP 8047 Environmental Services Page 15 of 22
non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred
because of the default.
17. 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.
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 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.,
Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will perform
work under this Agreement; and
2. Professional 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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. Professional 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
RFP 8047 Environmental Services Page 16 of 22
Department undertakes or is undertaking pursuant to the authority established in Subsection
8-17.5-102 (5), C.R.S.
f. If Professional 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, Professional shall be liable for actual and consequential damages to the City
arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this provision of
this Agreement and the City terminates the Agreement for such breach.
20. Red Flags Rules. Professional must implement reasonable policies and procedures to
detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red
Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take
appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered
accounts and must as expeditiously as possible notify the City in writing of significant breeches of
security or Red Flags to the Utilities or the Privacy Committee.
21. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page,
attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[INSERT PROFESSIONAL'S NAME] OR
[INSERT PARTNERSHIP NAME] OR
[INSERT INDIVIDUAL'S NAME] OR
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
RFP 8047 Environmental Services Page 17 of 22
EXHIBIT
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Original Bid/RFP Project Number & Name:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
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.
The attached forms consisting of ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
Professional
By:_______________________________
Date:_____________________________
City of Fort Collins
Submitted By: _________________________
Project Manager
Date: _________________________
Reviewed by: _________________________
Senior Utility Engineer
Date: _________________________
Approved by: _________________________
Water Engineering & Field
Services Operations Manager
Date: ________________________
Approved by: _________________________
Utilities General Manager
(over $1,000,000)
Date: ________________________
Approved by: _________________________
Director of Purchasing & Risk
Management (if over $60,000)
Date: _______________________
RFP 8047 Environmental Services Page 18 of 22
EXHIBIT
INSURANCE REQUIREMENTS
1. The Professional 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
Professional 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 reduce coverage or limits and will not
be cancelled, except after thirty (30) 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Professional '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 Professional shall maintain during the
life of this Agreement for all of the Professional'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 Professional 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 $1,000,000 combined single limits for bodily injury and
property damage.
In the event any work is performed by a subcontractor, the Professional 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.
C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in
the amount of $1,000,000.
RFP 8047 Environmental Services Page 19 of 22
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this
Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the
City has established policies and procedures with regard to the handling of confidential information and
other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to
the City or its employees, customers or suppliers, which access is related to the performance of
services that the Professional has agreed to perform, the Professional hereby acknowledges and
agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional agrees to
treat as confidential (a) all information that is owned by the City, or that relates to the business of the
City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a
third party (including but not limited to customers and suppliers of the City). The Professional shall not
disclose any such information to any person not having a legitimate need-to-know for purposes
authorized by the City. Further, the Professional shall not use such information to obtain any economic
or other benefit for itself, or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes generally
known to the public by publication or some means other than a breach of duty of this Agreement, or (b)
is required by law, regulation or court order to be disclosed, provided that the request for such
disclosure is proper and the disclosure does not exceed that which is required. In the event of any
disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom
it is required to make such disclosure and shall promptly advise the City in writing of each such
disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests for
any reason, the Professional shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced)
thereof, in its possession or control or as to which it otherwise has access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation
preliminary and permanent injunctive relief and specific performance) in addition to all other remedies
provided hereunder or available at law.
RFP 8047 Environmental Services Page 20 of 22
EXHIBIT C
Fort Collins Expense Guidelines:
Lodging, Per Diem Meals and Incidentals and Other expenses:
October 1, 2013
Fort Collins Policy:
Lodging:
• Hotels will be reimbursed at $91/day provided the government rate is available. If the
government rate is not available, the best available rate shall be used and a printout of the
available rates at the time of the reservation provided as documentation.
• Hotel taxes do not count to the $91 limit, i.e. the rate is $91 plus applicable taxes.
• Receipts are to be provided.
• Actual expense will apply
Meals and Incidentals:
In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.
• Daily rate: $56
• Travel Days rate: 75% of $56 = $42
Vehicle Expenses:
• All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be
reimbursed. The standard for vehicle size is mid-size to lower.
• If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS.
The most direct route is the standard for determining total mileage.
Extra Ordinary Cost
• Prior authorization required.
Expenses Not Allowed
• Liquor, movies, or entertainment (including in-room movies);
• Sporting events;
• Laundry, dry-cleaning or shoe repair;
• Personal phone calls, including connection and long-distance fees;
• Computer connections (unless required for City business);
• Other personal expenses not directly related to City business;
• Convenience charges;
• Rescheduling Airline Charges not related to City requirements.
• Excessive meal tip amounts generally over 20%;
• Delivery fees shall not exceed 10% of the total bill, if not already included;
• Hotel Cleaning Tips;
• Extra Baggage for one day trips;
• Air Travel (when local);
• Items that are supplied by the City.
Time Frame for Reporting
• Per contract (every 30 days).
RFP 8047 Environmental Services Page 21 of 22
Reference:
The Federal GSA guidelines for Fort Collins are $91/day for hotel and $56 for meals and incidentals
(M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel
maids, stewards or stewardesses , and 2) transportation between places of lodging or business and
places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are
expensed as a separate line item.
The M&IE is further broken down by:
• Breakfast: $9
• Lunch: $13
• Dinner: $29
• Incidentals: $5
Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $42 for Fort
Collins.
RFP 8047 Environmental Services Page 22 of 22