HomeMy WebLinkAboutRFP - 8426 CHEMICAL SPILL CLEAN-UP & HAZARDOUS MATERIAL HANDLING SERVICESRFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 1 of 40
REQUEST FOR PROPOSAL
8426 CHEMICAL SPILL CLEAN UP AND HAZARDOUS MATERIAL HANDLING SERVICES
The City of Fort Collins and Larimer County (FC/LC) are requesting proposals from qualified
firms for 24-hour chemical clean-up services. The awarded Contractor(s) would assist the City
and/or the County in collecting and removing chemicals from FC/LC owned property including
streets, sewers, waterways, FC/LC facilities, and, in emergencies, private property.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in two separate documents using either
Microsoft Word or PDF file under 20MB. Both the proposal response and the price proposal
shall be e-mailed to: purchasing@fcgov.com. Pricing must be uploaded and labeled as a
separate document. Confidential/proprietary information must be readily identified, marked, and
packaged separately from the rest of the proposal.
If electing to submit hard copy proposals instead, seven (7) copies each of the proposal
response and of the price proposal, 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), December 20, 2016 and referenced as Proposal No.
8426. 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.
FC/LC 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 FC/LC’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.
All questions must be submitted in writing via email to Pat Johnson, CPPB, Senior Buyer
at pjohnson@fcgov.com, no later than 4:00 PM our clock on December 7, 2016. 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. Firms are allowed to submit one (1) additional complete proposal clearly marked
“FOR PUBLIC VIEWING.” In this version of the proposal, the firm will redact all text and/or data
that it wishes to be considered confidential and denote the information as “proprietary” or
“confidential”. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
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 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 2 of 40
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents.
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 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 Contractor certifies that by signing the contract, neither the contractor nor subcontractors,
the organization nor its principals are suspended or debarred or otherwise excluded from
procurement by the Federal government and do not appear on the Excluded Parties List System
(EPLS) maintained by the General Services Administration (GSA).
The selected Contractor shall be expected to sign the standard Agreement(s) without revision
prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Purchasing Director
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8426 CHEMICAL SPILL CLEAN UP AND HAZARDOUS MATERIALS HANDLING SERVICES
I. BACKGROUND AND OBJECTIVE
A. BACKGROUND
Fort Collins is a vibrant community of approximately 158,600 located 65 miles north of Denver,
at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is
the northern extension of the “Colorado Front Range” urban corridor. The City’s population
includes over 24,000 college students.
Fort Collins is situated in Larimer County. Larimer County has a population of approximately
320,000. Larimer County reaches from the Wyoming border on the north, close to I-25 on the
east (Weld County line), between Fort Collins and Loveland on the south and the west is
bordered by Jackson County.
The City of Fort Collins (FC) and Larimer County (LC) are issuing this RFP together and will
work together to evaluate the RFP submittals, awarding contract(s) to the most qualified
responsive and responsible contractor(s) for this work. FC/LC may award to the same
contractor(s) or to separate contractors. FC/LC will each execute their own contract for the
awards. Two contractors may be hired through this RFP process, as FC or LC may decide to
award to more than one firm. There is no guaranteed minimum amount of services that will be
performed. The right for FC/LC to bid any work independent of this RFP is reserved.
Services needed during the contract period will be requested by either the City of Fort Collins or
Larimer County. As work arises, FC/LC will contact an awarded Contractor and discuss the
scope of work, ensuring that the Contractor’s team is a good fit for the work and the Contractor
is available for the project. A Work Order will be created from this discussion and become a part
of the Agreement between the City and the Contractor.
FC/LC intend to enter into this emergency-use zero-dollar “on-call” contract with a Consultant
who will provide chemical spill clean-up and hazardous materials handling services. The
Contractor shall provide all personnel, equipment and supplies necessary to complete the
services set forth in the scope of work. Total project time, personnel, hourly rates, expenses,
bonds, retainage clause (if necessary), and any applicable liquidated damages clause will be
detailed as part of the project Work Order for each individual project.
Services may need to meet Federal Highway Administration (FHWA), Natural Resources
Conservation Service (NRCS) and/or Federal Emergency Management Agency (FEMA)
requirements for reimbursement to FC/LC (dependent upon the project).
Awarded Contractors will comply with all applicable laws, regulations, and local ordinances,
including but not limited to: Environmental Protection Agency (EPA), Colorado Department of
Public Health and Environment (CDPHE), Colorado Division of Oil and Public Safety (OPS),
Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT),
Larimer County and City of Fort Collins.
B. OBJECTIVE
FC/LC is requesting proposals for 24-hour chemical clean-up services to assist FC/LC in
collecting and removing chemicals from FC/LC owned property including but not limited to
streets, bridges, sewers, waterways, FC/LC facilities, and, in emergencies, private property.
Poudre Fire Authority is responsible for securing chemical spills in the community, however, in
some cases FC/LC may need the assistance of the contractor to clean-up the site or remove
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bulk supplies of processed chemicals. Additionally, the contractor will be asked to supply
appropriately trained and certified workers for projects involving hazardous materials.
The Contractor will be responsible for the following services, including but not limited to testing,
characterizing, removing, storing and disposing of contaminated soil, ground water, and residual
chemicals. The Contractor must be properly staffed and equipped to respond to a variety of
incidents and is expected to coordinate with Poudre Fire Authority (PFA), Larimer County
Department of Health and Environment (LCDHE), FC/LC staff, and other designated FC/LC
contractors in executing clean-up projects. The Contractor may be used for the purposes of
handling hazardous materials and operating equipment during projects in areas of known or
suspected contamination.
These services could be applicable to City or County properties, facilities, and operations.
Contract(s) resulting from this RFP will be made available to all FC/LC departments; use of such
contract(s) will be at the option of those departments, depending upon the need.
II. Instructions to Contractors
A. Interviews
In addition to submitting a written proposal, finalists may be interviewed by FC/LC and asked to
provide an oral presentation about their company and approach to the project.
B. Project Schedule
The following schedule has been established for the RFP. FC/LC reserves the right to amend
the target schedule at any time.
RFP Issued November 23, 2016
Final Questions due: December 7, 2016
Proposal & Pricing due date: December 20, 2016
Interviews (tentative): January 11 & 12, 2016
C. Travel & Expenses
Contractors are to provide a list of items that may be submitted for reimbursement. Reasonable
expenses will be reimbursable as per the attached Fort Collins Expense Guidelines exhibit and
as negotiated during contracting.
D. Work Order Procedures
Work performed pursuant to this Request for Proposals will be authorized by Work Order and
subsequent Purchase Order, issued by the appropriate department(s). This is not an exclusive
contract and FC/LC reserves the right to independently seek proposals/quotes on any project,
rather than issuing a Work Order to the awarded Contractor(s).The Contractor shall provide all
personnel, equipment and supplies necessary to complete the services set forth in the scope of
work. Total project time, personnel, hourly rates, expenses, bonds, retainage clause (if
necessary), and any applicable liquidated damages clause will be detailed as part of the project
Work Order for each individual project. Fees will be based on those submitted in the RFP
response and negotiated in an “open book” manner.
E. Term
Any agreement(s) will be effective for a period of one year from the date of the completed
Services Agreement, and will be renewable for four (4) additional one-year terms on an annual
basis, at the option of FC/LC and Contractor agreement.
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F. Method of Payment
Payment will be made on a cost plus fixed-fee basis, with a not-to-exceed total. With the
response to this RFP, FC/LC will make payments for satisfactorily completed work based on
verified progress on a monthly basis with Net 30 terms. The cost of the work completed shall be
paid to the Contractor each month following the submittal of a correct invoice by the Contractor
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 Contractor shall be directed to the Project Manager for review and
authorization of payment.
Payments will be made using the prices negotiated in the Work Order and relating to the original
Agreement. In the event a service is requested which is not listed in the Agreement, the
Contractor and FC/LC will negotiate an appropriate unit price for the service prior to Contractor
initiating such work.
G. Insurance
The Awarded Contractor will be responsible for providing General & Automobile Liability
Insurance, as well as Errors & Omissions and Environmental & Pollution Control Insurance. The
Insurance Exhibit provides more detail.
H. Qualifications of the Contractor
The successful Contractor, without additional expense to the FC/LC, shall be responsible for
obtaining any necessary licenses and certifications; and for complying with any applicable
federal, state, and municipal laws, codes and regulations in connection with the prosecution of
the services. The successful Contractor and any subcontractors, if applicable, will be required to
hold proper certifications and licenses.
The selected Contractor must have demonstrated experience in hazardous waste management,
Resource Conservation and Recovery Act (RCRA) program requirements, and the operation of
emergency response programs, waste analysis, waste collection, waste treatment and disposal
facility operations. The Contractor shall provide all necessary services, qualified personnel,
equipment and supplies to manage wastes collected by the Contractor from abandoned waste
incidents.
The Contractor’s personnel shall be qualified and trained to accomplish the Scope of Work in a
professional manner and in compliance with all applicable local, state and federal requirements.
An adequate number of personnel shall be available to ensure that emergency response
services are sufficiently supported.
I. Conferences
During the progress of the work, the Contractor shall confer with FC/LC as necessary to ensure
that the completed work will meet with FC/LC’s approval. FC/LC will designate a Project
Manager for each project Work Order.
J. Use of Subcontractors/Partners
There may be areas for use of subcontractors or partners from the award of this RFP.
Contractors will be responsible for identifying the subcontractors necessary during the scope of
work negotiation.
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Please keep in mind that the City will contract solely with the selected Contractor(s), therefore
subcontractors/partners remain the Contractor’s sole responsibility. Subcontractors are to be
paid on a cost-reimbursement type agreement as well.
K. Formatting Proposals
Limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers, 11” x 17” fee spreadsheet (if used),
sustainability response and proposal acknowledgement form). Font shall be a minimum of 10
Arial and margins are limited to no less than .75 for sides and top/bottom. Fee spreadsheet
must be a minimum of 10 Arial in printed format.
L. Financial Statement (Confidential)
Firms are to submit the following information in a separate file for review by the Director of
Purchasing. Documents listed here will be kept confidential.
Provide a recent financial statement (audited if possible) including balance sheet and income
statement showing:
1. Current assets
2. Other assets
3. Current liabilities
4. Other liabilities
5. Fixed assets and equipment
6. Banking Reference (Provide name, address and phone number)
III. SCOPE OF WORK
This section is intended to outline services that may be needed by FC/LC. The Contractor is
expected to demonstrate understanding and expertise and provide examples of the types of
specific services that will be required or may potentially be required.
However, FC/LC makes no assurance that any specific service described in this section will be
needed during the term of the contract(s) that may be awarded pursuant to this Request for
Proposal.
See Section IV below, Proposal Submittal, 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 incorporate compliance with all federal, state, regional, and local
laws, regulations, and policies.
A. Initial Response
1. Respond, mobilize (en-route to the emergency response site), and be fully equipped to
begin operations at the designated clean-up site within one to two hours (one hour
preferred) of the initial contact unless authorized to delay start of the project by FC/LC
staff.
a. Contractor will develop a list of needed information to be used by FC/LC staff to
provide the contractor with the appropriate information to prepare for the
response.
2. Be prepared to integrate into an established National Incident Management System
(NIMS) response when another authority is in charge of the scene.
3. Conduct a daily safety briefing with all personnel on site before beginning work.
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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 clean-up 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 including pictures
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.
B. Project Work
1. For emergency clean-up services, arrive on the scene and:
a. Discuss clean-up plan with FC/LC before starting work.
b. Provide a schedule of costs and negotiate work order for the services within 2
days.
2. For non-emergency response and other projects, provide a detailed scope of services to
be performed, anticipated schedule and detailed cost of services to be approved by
FC/LC, prior to starting work.
3. Contractor’s responding staff will be trained and maintain appropriate levels of
certification for the work being performed.
4. Prepare a site Health and Safety Plan including contractor’s procedures to comply with
all worksite hazards and appropriate to the scope of the clean-up or project.
5. At a minimum, conduct daily briefings including safety precautions and project updates
with FC/LC personnel.
6. Remove contaminated soil, ground water or free product from FC/LC 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 FC/LC’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/recycle options and the
associated costs of those items with a FC/LC representative.
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11. Transport and temporarily store (if necessary and feasible) waste until materials can be
disposed of at an appropriate facility of FC/LC’s choice. Transportation and storage must
comply with all applicable regulations.
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 FC/LC within 90 days of
material removal.
13. Provide FC/LC required “No Further Action” letter (NFA) from appropriate State Agency
on all clean-up and projects as directed by the County or State.
a. A portion of the final invoice payment will be withheld until FC/LC receives the
certificate of destruction and/or completed manifests and/or an NFA letter.
C. 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 FC/LC 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 of daily logs from the response or project.
5. Provide an itemized invoice for services provided as well as load tickets.
IV. PROPOSAL SUBMITTAL
For this section, contractors 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
contractors propose to provide and shall be incorporated in the contract award as deemed
appropriate by FC/LC. A proposal that does not include all of the information required may be
deemed incomplete and may be subject to rejection.
In all relevant categories, please incorporate compliance with all federal, state, regional, and
local laws, regulations, and policies as well as Federal Highway Administration (FHWA), Natural
Resources Conservation Service (NRCS) and/or Federal Emergency Management Agency
(FEMA) requirements for reimbursement to FC/LC (dependent upon the project).
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.
Indicate your availability to participate in the interviews/demonstrations on the proposed dates
as stated in the Project Schedule section. Exceptions to the attached Sample Agreement(s)
shall be documented in the Executive Summary as well.
B. Contractor Information
The Contractor should provide the following information:
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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. Detail the location
of the primary office used for the services in this RFP.
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. Specific Service Requirements. This section should consist of a description of the
understanding, expertise, and experience of the Contractor (and any applicable
subcontractors) in relationship to each item or task listed in Section III above, and of the
policy and procedural issues that may be involved in providing such services.
Items to include, at a minimum are:
a. List of available clean-up equipment and supplies.
b. The process for identification of chemical characteristics of unknown substances.
c. Ability to store hazardous, special and non-hazardous waste until final disposal.
d. Elements of a closing report.
e. Provide brief overview of your administrative recordkeeping procedures for personnel
training and documentation for lab analysis, waste disposal and spill response
tracking. Include samples of completed documents.
f. Identify all treatment, storage or disposal facilities the company may use for
management of wastes collected. For each facility, the Contractor shall submit the
following materials: address, phone number and contact person; a copy of each
applicable state and/or federal permits; and notices of violations in the past three
years.
2. Relevant Project Experience. This section should consist of summary descriptions of
projects that will provide examples of how the Contractor and any affiliated subcontractors
have performed the activities included in the scope of work in the past. Include project type,
personnel on project, contract amount, cost at completion and change order information,
original schedule and actual completion time, and contact information of the owner.
D. Availability & Safety
1. What is the response time for emergencies? Non-emergency projects?
2. Are other qualified personnel available to assist in meeting the project schedule if required?
3. Is the project team available to attend meetings as required by the Scope of Work?
4. Provide the percentage of the work that will be subcontracted out.
5. Address your company’s safety program and any additional information that would be useful
in demonstrating your approach to a safe work site. Unsafe conditions to the public, owner,
engineer, and contractor are not an option.
6. Provide a list of all projects in the last 3 years that have received an OSHA citation either to
the GC or sub-contractor on the jobsite and provide a narrative of the citations. Limit your
response to projects that have occurred in the Rocky Mountain region.
7. Provide your firm’s OSHA reportable accident rate and current workman’s compensation
Experience Modification Rate (EMR) for the last 3 years.
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E. Sustainability/TBL
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.
F. Firm Capabilities and Qualifications
This section is to include, at a minimum, the following components.
1. Capabilities. This section should describe the capabilities of the Contractor and any
affiliated subcontractors, based on education, experience, and previous projects.
Include:
a. Matrix chart or description of area of expertise vs. available staffing.
b. The number and technical expertise of personnel, copies of applicable licenses and
certifications.
c. Describe the firm’s ability to maintain a crew on standby.
d. 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 III above.
e. Experience performing clean-up/project services, including examples of types of
contaminates.
f. Description of contractor’s safety program including list of routine and specialized
training for personnel based on state and federal regulatory requirements.
g. Provide information on training, experience and certifications related to removing
asbestos, lead, mold, Hantavirus or methamphetamine lab contamination.
h. Provide information on personnel training including National Incident Management
System (NIMS).
i. List industrial hygiene services available to contractor personnel.
2. Staff. This section should list Consultant 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.
a. Include resumes (1/2 page in length) for these persons in the Appendices.
b. Describe the availability of project personnel to participate in this project in the
context of the Contractor firm’s other commitments.
c. Identify provisions for contract personnel during large scale clean-up projects.
d. List 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.
3. References. This section should consist of five client references that FC/LC 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 Contractor has done work within the past three (3) years.
4. Subcontractors. This section should list the subcontractor information for those 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:
a. Name, address, phone numbers, email address, capabilities, qualifications,
experience, and expertise of the primary personnel for each subcontractor to be
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retained by the Contractor to assist in any of the defined service areas. Include
resumes (1/2 page in length) for these persons in the Appendices.
b. Staff information, including the length and type of experience related to each type of
service, specific areas of expertise, and billing category.
c. Describe the availability of project personnel to participate in this project in the
context of the Subcontracting firm’s other commitments.
d. Identify provisions for contract personnel during large scale clean-up projects.
e. List 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.
5. Communication & Tools. Describe the methods and timeline of communication your firm
will use with FC/LC’s Project Manager and other parties. Include a description of the
software and other analysis tools to be used.
6. Training. Describe additional training that your firm may provide for FC/LC.
G. Cost & Work Hours
Contractor shall submit its price proposal as a separate electronic file and e-mail it to
purchasing@fcgov.com.
This section is to include, at a minimum, the following components.
1. General Labor. 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 Contractor and for any subcontractors (not including laboratory and
testing costs: see below). Be sure to include hourly costs for 24 hrs/day, 7 day/week service
and routine 8-5 business hours.
2. Direct Costs. Identify rates for equipment and services for on-call emergency response and
scheduled project work. Include expenses such as disposal fees, if applicable.
3. Specific Scope of Services Costs. This section should consist of a schedule of costs
relating to the specific items included in Section III above, organized in that fashion. This
should include any and all specific costs, separate from the Contractor’s/subcontractor’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 Contractor intends to use, including appropriate
certifications and capabilities. Provide estimated hours for each proposed or optional task,
including the time required for meetings, conference calls, etc.
4. Cost Plus Fixed-Fee.
Any Work Orders issued under the Agreement utilizing federal funding will be on a cost
plus fixed-fee basis, with a not-to-exceed total. Proposals shall include the proposed fixed
fee your firm will charge for Work Orders issued on a cost plus fixed-fee basis.
5. Profit, Mark-Up and Overhead.
Provide proposed profit, mark-up and overhead to be utilized for all Work Orders which are
not cost plus fixed-fee.
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6. 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 FC/LC under specific
circumstances.
H. Sample Project
Address the following scenario providing detailed information related to tasks, timelines,
personnel needed (by labor category), job descriptions of personnel by labor category, number
of hours required and costs for each line item.
Scenario: A large fuel tanker truck has accidentally released an unknown quantity
of gasoline at a privately-owned service station in Fort Collins. The release has
been stopped, but materials from the release have made it to the street, gutter, and
entered a nearby storm sewer system inlet. Local fire/emergency personnel have
responded to ensure public safety and the City of Fort Collins has contacted you to
respond to this incident. Please describe your response actions, including
equipment, personnel, safety protocols, and guidance you’d give to the City to
properly address remediation, including reporting, clean-up, and storage and
disposal of waste materials. In addition, please identify and describe any local,
state, or federal regulations that apply to this scenario.
I. Appendices
These do count towards your overall number of pages.
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-contractors. A
résumé for key professional 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.
J. 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 Contractor’s proposal.
Information should be limited to two (2) pages.
Explain any concerns Contractor may have in maintaining objectivity in recommending the best
solution for Utilities. All potential conflicts of interest must be disclosed.
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 13 of 40
V. REVIEW AND ASSESSMENT
Contractor 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 FC/LC, 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.
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?
1.0 Availability &
Safety
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?
Are OSHA Illness/Injury Rate, OSHA Lost Work Day
Incidence Rate and Workman’s Comp Experience
Modification Rate Insurance multiplier consistent with
industry standards.
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?
3.0 Firm Capability
and Qualifications
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? 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?
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?
1.0 Sample Project
What tasks are included? Is the appropriate amount of time
in the schedule? Who are the personnel included for the
project? Are the cost and number of hours appropriate for
the scope?
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 14 of 40
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.”
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 Contractor 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 Contractor responsive to client needs; did the
Contractor 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 Contractor administered a construction contract, was
the project functional upon completion and did it operate
properly? Were problems corrected quickly and
effectively?
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 15 of 40
EXHIBIT A
PROPOSAL ACKNOWLEDGEMENT
Consultant hereby acknowledges receipt of the City of Fort Collins 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:
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 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 16 of 40
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 "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. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders
agreed upon in writing by the parties from time to time. Such Work Orders, a sample
of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated
herein by this reference, shall include a description of the services to be performed,
the location and time for performance, the amount of payment, any materials to be
supplied by the City and any other special circumstances relating to the performance
of services. No Work Order shall exceed $ . A general scope of services is
attached hereto as Exhibit “B”, consisting of ( ) page , and
incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A to certain named third parties, Service Provider shall be solely
responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or
oral emergency service request. Oral emergency service requests will be acted upon
without waiting for a written Work Order. Time is of the essence.
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4. 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 ( ) 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 Service Provider and mailed no later than thirty (30) 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 is 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.
6. Early Termination by City/Notices. 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 mailed at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following address:
Service Provider: City: Copy to:
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 early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the
actual amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for
all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as
Exhibit " ", consisting of ( ) page , and incorporated herein by
this reference.
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 18 of 40
Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the
performance of such work.
9. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services hereunder,
the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extent that the work
shall be done in accordance with the terms, plans and specifications furnished by the City.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
12. 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.
13. 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 under the Agreement
or of any cause of action arising out of the performance of this Agreement.
14. Warranty.
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
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 19 of 40
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.
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 thereof.
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 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 representative, successors and assigns of said parties.
18. 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 " ", consisting of one (1) page, attached hereto and incorporated herein
by this reference. The Service Provider before commencing services hereunder shall
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 20 of 40
deliver to the City's Purchasing Director, 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.
19. 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.
20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. 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.
21. 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 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
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 21 of 40
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.
22. 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.
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 22 of 40
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 23 of 40
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
AGREEMENT DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Service Provider agrees to perform the
services identified above and on the attached
forms in accordance with the terms and
conditions contained herein and in the
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Services Agreement and this
Work Order (including the attached forms) the
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.
SERVICE PROVIDER
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Purchasing Director (over $60,000.00)
Date: ____________________________
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 24 of 40
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 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 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 $1,000,000 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.
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 25 of 40
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider
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 Service
Provider 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 Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’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.
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EXHIBIT
Fort Collins Expense Guidelines:
Lodging, Per Diem Meals and Incidentals and Other expenses:
January 1, 2016
Fort Collins Policy:
Lodging:
Hotels will be reimbursed at $109/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 $109 limit, i.e. the rate is $109 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: $59
Travel Days rate: 75% of $59 = $44.25
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.
Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The
rate for 2016 is $0.54.
Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins.
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.
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Time Frame for Reporting
Per contract (every 30 days).
Reference:
The Federal GSA guidelines for Fort Collins are $109/day for hotel and $59 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: $13
Lunch: $15
Dinner: $26
Incidentals: $5
Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e.
$44.25 for Fort Collins.
RFP 8426 Chemical Spill Clean Up & Hazardous Material Handling Services Page 28 of 40
EXHIBIT
FEMA REQUIRED CONTRACT CLAUSES
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
Requirements under the Uniform Rules. A non-Federal entity’s contracts must contain the
applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions
for non-Federal Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. §
200.326. For some of the required clauses we have included sample language or a reference a
non-Federal entity can go to in order to find sample language. Please be aware that this is
sample language only and that the non-Federal entity alone is responsible ensuring that all
language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R.
Part 200, Appendix II. We do not include sample language for certain required clauses
(remedies, termination for cause and convenience, changes) as these must necessarily be
written based on the non-Federal entity’s own procedures in that area.
1. Remedies.
a. Standard: Contracts for more than the simplified acquisition threshold ($150,000)
must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, ¶ A.
b. Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
2. Termination for Cause and Convenience.
a. All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be effected
and the basis for settlement. See 2 C.F.R. Part 200, Appendix II, ¶ B.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement
programs.
3. Equal Employment Opportunity.
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that
meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3
must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in
accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed.
Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C.
b. Key Definitions.
(1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3
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defines a “federally assisted construction contract” as any agreement or
modification thereof between any applicant and a person for construction work
which is paid for in whole or in part with funds obtained from the Government or
borrowed on the credit of the Government pursuant to any Federal program
involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant
to any Federal program involving such grant, contract, loan, insurance, or
guarantee, or any application or modification thereof approved by the Government
for a grant, contract, loan, insurance, or guarantee under which the applicant itself
participates in the construction work.
(2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction
work” as the construction, rehabilitation, alteration, conversion, extension,
demolition or repair of buildings, highways, or other changes or improvements to
real property, including facilities providing utility services. The term also includes
the supervision, inspection, and other onsite functions incidental to the actual
construction.
c. Applicability. This requirement applies to all FEMA grant and cooperative agreement
programs.
d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following
contract clause: “During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or
national origin.
(3) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives of
the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
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11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the contractor may
be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions as may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(7) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance: Provided,
however, That in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into
such litigation to protect the interests of the United States.”
4. Davis Bacon Act and Copeland Anti-Kickback Act.
a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency
Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program, and Transit Security Grant Program. It does not apply to
other FEMA grant and cooperative agreement programs, including the Public
Assistance Program.
b. All prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-
3144 and 3146-3148) as supplemented by Department of Labor regulations at 29
C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D.
c. In accordance with the statute, contractors must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week.
d. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a
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contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations
to the Federal awarding agency.
e. In contracts subject to the Davis-Bacon Act, the contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as
supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States). The Copeland Anti- Kickback Act provides
that each contractor or subrecipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to FEMA.
f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that
applies to compliance with both the Davis-Bacon and Copeland Acts. However, as
discussed in the previous subsection, the Davis-Bacon Act does not apply to Public
Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does
not apply, neither does the Copeland “Anti-Kickback Act.” However, for purposes of
grant programs where both clauses do apply, FEMA requires the following contract
clause:
“Compliance with the Copeland “Anti-Kickback” Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in
29 C.F.R. § 5.12.”
5. Contract Work Hours and Safety Standards Act.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal
entity in excess of $100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as
supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R.
Part 200, Appendix II, ¶ E.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of
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every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning
compliance with the Contract Work Hours and Safety Standards Act:
“Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in
paragraph (1) of this section, in the sum of $10 for each calendar day on which
such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of
the Federal agency or the loan or grant recipient) shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2)
of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause
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requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (4) of this section.”
6. Rights to Inventions Made Under a Contract or Agreement.
a. Stafford Act Disaster Grants. This requirement does not apply to the Public
Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant
Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case
Management Grant Program, and Federal Assistance to Individuals and Households –
Other Needs Assistance Grant Program, as FEMA awards under these programs do
not meet the definition of “funding agreement.”
b. If the FEMA award meets the definition of “funding agreement” under 37 C.F.R. §
401.2(a) and the non-Federal entity wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under
that “funding agreement,” the non-Federal entity must comply with the requirements of
37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements),
and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix
II, ¶ F.
c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any
contract, grant, or cooperative agreement entered into between any Federal agency,
other than the Tennessee Valley Authority, and any contractor for the performance of
experimental, developmental, or research work funded in whole or in part by the
Federal government. This term also includes any assignment, substitution of parties,
or subcontract of any type entered into for the performance of experimental,
developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess
of $150,000 must contain a provision that requires the contractor to agree to comply with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.
§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§
1251-1387). Violations must be reported to FEMA and the Regional Office of the
Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G.
a. The following provides a sample contract clause concerning compliance for contracts
of amounts in excess of $150,000:
“Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq.
(2) The contractor agrees to report each violation to the (name of the state agency or
local or Indian tribal government) and understands and agrees that the (name of
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the state agency or local or Indian tribal government) will, in turn, report each
violation as required to assure notification to the (name of recipient), Federal
Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided
by FEMA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the (name of the state agency or
local or Indian tribal government) and understands and agrees that the (name of
the state agency or local or Indian tribal government) will, in turn, report each
violation as required to assure notification to the (name of recipient), Federal
Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided
by FEMA.”
8. Debarment and Suspension.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
b. Non-federal entities and contractors are subject to the debarment and suspension
regulations implementing Executive Order 12549, Debarment and Suspension (1986)
and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180
and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000
(Nonprocurement Debarment and Suspension).
c. These regulations restrict awards, subawards, and contracts with certain parties that
are debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ I;
and Chapter IV, ¶ 6.d and Appendix C, ¶ 2. A contract award must not be made to
parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the
General Services Administration that contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549. SAM
exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, ¶
6.d and Appendix C, ¶ 2.
d. In general, an “excluded” party cannot receive a Federal grant award or a contract
within the meaning of a “covered transaction,” to include subawards and subcontracts.
This includes parties that receive Federal funding indirectly, such as contractors to
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recipients and subrecipients. The key to the exclusion is whether there is a “covered
transaction,” which is any nonprocurement transaction (unless excepted) at either a
“primary” or “secondary” tier. Although “covered transactions” do not include contracts
awarded by the Federal Government for purposes of the nonprocurement common
rule and DHS’s implementing regulations, it does include some contracts awarded by
recipients and subrecipient.
e. Specifically, a covered transaction includes the following contracts for goods or
services:
(1) The contract is awarded by a recipient or subrecipient in the amount of at least
$25,000.
(2) The contract requires the approval of FEMA, regardless of amount.
(3) The contract is for federally-required audit services.
(4) A subcontract is also a covered transaction if it is awarded by the contractor of a
recipient or subrecipient and requires either the approval of FEMA or is in excess
of $25,000.
f. The following provides a debarment and suspension clause. It incorporates an
optional method of verifying that contractors are not excluded or disqualified:
“Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by (insert name of
subrecipient). If it is later determined that the contractor did not comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to (name of state agency serving as recipient and name of subrecipient),
the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier
covered transactions.”
9. Byrd Anti-Lobbying Amendment.
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a. Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
b. Contractors that apply or bid for an award of $100,000 or more must file the required
certification. See 2 C.F.R. Part 200, Appendix II, ¶ J; 44 C.F.R. Part 18; Chapter IV,
6.c; Appendix C, ¶ 4.
c. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non-Federal award. See Chapter IV, ¶ 6.c and Appendix C, ¶ 4.
d. The following provides a Byrd Anti-Lobbying contract clause:
“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by
31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be
submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
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Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,
apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
10. Procurement of Recovered Materials.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
b. A non-Federal entity that is a state agency or agency of a political subdivision of a
state and its contractors must comply with Section 6002 of the Solid Waste Disposal
Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation
and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶ K; 2
C.F.R. § 200.322; Chapter V, ¶ 7.
c. The requirements of Section 6002 include procuring only items designated in
guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
d. The following provides the clause that a state agency or agency of a political
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subdivision of a state and its contractors can include in contracts meeting the above
contract thresholds:
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA- designated items unless the
product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement is available at EPA’s Comprehensive
Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-
designate items is available at http://www.epa.gov/cpg/products.htm.”
11. Additional FEMA Requirements.
a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal
entity contracts. FEMA, pursuant to this authority, requires or recommends the
following:
b. Changes.
To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or
cooperative agreement, the cost of the change, modification, change order, or
constructive change must be allowable, allocable, within the scope of its grant or
cooperative agreement, and reasonable for the completion of project scope. FEMA
recommends, therefore, that a non-Federal entity include a changes clause in its
contract that describes how, if at all, changes can be made by either party to alter the
method, price, or schedule of the work without breaching the contract. The language
of the clause may differ depending on the nature of the contract and the end-item
procured.
c. Access to Records.
All non-Federal entities must place into their contracts a provision that all contractors
and their successors, transferees, assignees, and subcontractors acknowledge and
agree to comply with applicable provisions governing Department and FEMA access
to records, accounts, documents, information, facilities, and staff. See DHS Standard
Terms and Conditions, v 3.0, ¶ XXVI (2013).
d. The following provides a contract clause regarding access to records:
“Access to Records. The following access to records requirements apply to this
contract:
(1) The contractor agrees to provide (insert name of state agency or local or Indian
tribal government), (insert name of recipient), the FEMA Administrator, the
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Comptroller General of the United States, or any of their authorized representatives
access to any books, documents, papers, and records of the Contractor which are
directly pertinent to this contract for the purposes of making audits, examinations,
excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.”
12. DHS Seal, Logo, and Flags.
a. All non-Federal entities must place in their contracts a provision that a contractor shall
not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre-approval. See DHS Standard Terms and
Conditions, v 3.0, ¶ XXV (2013).
b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: “The
contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre- approval.”
13. Compliance with Federal Law, Regulations, and Executive Orders.
a. All non-Federal entities must place into their contracts an acknowledgement that
FEMA financial assistance will be used to fund the contract along with the requirement
that the contractor will comply with all applicable federal law, regulations, executive
orders, and FEMA policies, procedures, and directives.
b. The following provides a contract clause regarding Compliance with Federal Law,
Regulations, and Executive Orders: “This is an acknowledgement that FEMA financial
assistance will be used to fund the contract only. The contractor will comply will all
applicable federal law, regulations, executive orders, FEMA policies, procedures, and
directives.”
14. No Obligation by Federal Government.
a. The non-Federal entity must include a provision in its contract that states that the
Federal Government is not a party to the contract and is not subject to any obligations
or liabilities to the non-Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
b. The following provides a contract clause regarding no obligation by the Federal
Government: “The Federal Government is not a party to this contract and is not subject
to any obligations or liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.”
15. Program Fraud and False or Fraudulent Statements or Related Acts.
a. The non-Federal entity must include a provision in its contract that the contractor
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acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to its actions pertaining to the contract.
b. The following provides a contract clause regarding Fraud and False or Fraudulent or
Related Acts: “The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the contractor’s actions
pertaining to this contract.”