KATA 2016000249-P Modification 2 Petroleum Storage Tank Assessment, Remediation and Emergency Response RFP.pdf

State of Colorado

Department of Labor and Employment

PETROLEUM STORAGE TANK ASSESSMENT,

REMEDIATION AND EMERGENCY RESPONSE

Request for Proposals KATA-2016000249-P

May 23, 2016

Modification #1 Completed June 7, 2016

All changes are in RED

Modification Completed June 21, 2016 to add Price

Affirmation Attachment E. Changes made within RFP are in

Purple Font.

Section I. Introduction

Section II. Administrative Information

A. Issuing Office

B. Invitation to Submit Proposals

C. Purpose

D. Instructions

E. Schedule of Activities and Timeline

F. Inquiries

G. Pre-Proposal Conference

H. Modification or Withdrawal of Proposals

I. Proposal Submission

J. Addendum. Modifications, or Supplement to Request for Proposal

K. Oral Presentations and/or Best and Final Offers (BAFOs)

L. Acceptance of RFP Terms

M. Terms and Conditions

1. State of Colorado Solicitation Instructions/Terms and Conditions

2. Standard Contract

3. Funding Accountability and Transparency Act of 2006 (FFATA)

N. Protested Solicitations and Awards

O. Confidential/Proprietary Information

P. RFP Response Material Ownership

Q. Proposal and Pricing (including Budget)

R. Selection of Proposal - Notice

S. Award of Contract

T. Acceptance of Proposal Content

U. RFP Cancellation

V. Ownership of Contract Products/Services

W. Incurring Costs

X. Rejection of Proposals

Y. Non-Discrimination

Z. Parent Company/Vendor Identification

AA. News Releases

BB. Certification of Independent Price Determination

CC. Use of Solicitation by Other State Agencies

DD. Prime Contractor

EE. Multiple Proposal Responses

FF. Conflict of Interest

GG. Contract Performance Outside the United States or Colorado

HH. Minority and Women-Owned Business and Small Business Enterprises

II. Section 508 Compliance

JJ. Reciprocal Preference

KK. Service-Disabled Veteran Owned Small Business Preference

LL. Insurance Requirements

MM. Statewide Contract Management

NN. Past Performance

Section III. Background, Overview and Goals

A. Definitions

Section IV. Scope of Work

Statement of Need and Requirements

Section V. Reporting Requirements

Section VI. Offeror(s) Responsibility

Awarded offeror(s) shall be responsible for any and/or all of the following as applicable for any services performed under this RFP and awarded contracts. 16

A. Methodology

B. Investigation of Utilities

C. Site Surveying

D. Management of Waste Materials

E. Access

F. Worker Safety and Site Safety Plans

G. Contractor Listing

H. Resumes

I. Period of Performance

J. Subcontractors

K. Project Assignments

L. Method of Payment

M. Record Retention

N. Warranty of Work Performed

O. Proof of Insurance

Section VII. Response Format

A. Purpose of Response Section

B. General Submission Requirements

C. Response Requirements

Section VIII. Proposal Evaluation

1. Overview

2. Evaluation Process

3. Basis for Award

Section I. Introduction

This Request for Proposal (“RFP”) is initiated by the State of Colorado, Department of Labor and Employment, for the benefit of the Division of Oil and Public Safety (“Division”), to select multiple contractors to provide services addressing leaking underground (petroleum) storage tanks (LUST).

The Division expects to award up to eight (8) contracts. The awarded contracts shall be completed by October 31, 2016. The awarded contract shall be for a period of three (3) years with an optional two (2) year renewal for a total contract term not to exceed five (5) years. Note that if the contract expires while a Task Order is still in effect and the work under the Task Order is scheduled to continue beyond the expiration date of the contract term, then the terms and conditions of the Task Order and the Master Contract will remain applicable until the conclusion of the Task Order.

For purposes of this RFP, references to the “State” include the Department of Labor and

Employment and any other stakeholders within Colorado State government.

Section II. Administrative Information

A. Issuing Office

This Request for Proposal (RFP) is issued by the State of Colorado for the benefit of the

Department of Labor and Employment (“CDLE”), the Division of Oil and Public Safety

(OPS). CDLE’s Purchasing Agent, Shari Ashley is the sole point of contact for this RFP.

All inquiries and official communications must be done through Shari Ashley or her designated backup in her absence.

B. Invitation to Submit Proposals

The State of Colorado is posting this RFP on Colorado Vendor Self-Service (VSS) so that offerors who have an interest may submit a proposal in accordance with the terms of this

RFP. The successful offeror(s), shall be a current member of VSS at the time of the proposal

Submission Deadline as delineated below in the “Schedule of Activities and Projected

Timeline” in order to be considered “responsive.”

C. Purpose

This RFP provides prospective offerors with sufficient information to enable them to prepare and submit proposals for consideration to satisfy the need for expert assistance in the completion of the goals of this RFP.

D. Instructions

This RFP contains instructions governing the proposal to be submitted and the material to be included therein; mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each proposal.

Inquiries must be clearly marked (e.g, email Subject line, or front of envelope) with

“RFP# KATA-2016000249-P, “Petroleum Storage Tank Assessment, Remediation, and Emergency Response”

E. Schedule of Activities and Timeline

Activity

Date and Time

(all times are Mountain Standard

Time)

1. Request for Proposal Notice Published on

Colorado Vendor Self Service (VSS) May 23, 2016

2. Written Inquiry Deadline

(See Section F for the process on submitting inquiries)

June 1, 2016, 2:00 p.m. Mountain Time

(MT). Note: No Questions will be accepted after this date and time.

3. PROPOSAL SUBMISSION

DEADLINE

Submit five (5) copies: one (1) original and four (4) copies plus an electronic copy.

June 28, 2016 2:00 p.m. Mountain

Time (MT)

4. Selection, posting on VSS of “Notice of

Intent to Award” August 19, 2016 (Estimated)

5. Contract Execution (signature of all parties) October 31, 2016

6. Contract Term

Three (3) year contract with an optional two (2) year renewal for a total of five

(5) years

F. Inquiries

Prospective offerors may make written inquiries (via mail or e-mail) concerning this RFP to obtain clarification of requirements. Email is the preferred method for submitting inquiries. No inquiries will be accepted after the date and time indicated in the Schedule of Activities and Projected Timeline (above).

Send all inquiries to:

Shari Ashley, CPPB, Purchasing Agent

Colorado Department of Labor and Employment

Procurement and Contract Services (PCS)

633 17th Street, Suite 200

Denver, CO 80202

Fax: (303) 318-8068

E-mail: cdle_purchasing@state.co.us (note the underscore in the address)

Responses to offeror’s inquiries will be published as a modification on VSS in a timely manner. Offerors shall not rely on any verbal statements that alter any specification or mailto:cdle_purchasing@state.co.us

Any proposals not received and date stamped and in the possession of CDLE, PCS by the required date, time, and location shall be returned and not considered as a response to this RFP. It is the proposed offeror’s responsibility to ensure that the proposal package is delivered to CDLE PCS office (not CDLE Oil and Public Safety) prior to the proposal opening date and time.

other term or condition of the RFP and shall not rely on written statements obtained through sources other than the CDLE Purchasing Agent or her designated backup designee. Such changes or statements are valid only if provided in writing by CDLE

Purchasing Agent or her designated backup designee.

G. Pre-Proposal Conference

A pre-proposal conference will not be held. Refer to Section F for process to submit written inquiries.

H. Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

I. Proposal Submission

Proposals must be received on or before the date and time indicated in the Schedule of

Activities and Timeline. Late proposals will not be accepted. It is the responsibility of the offeror to ensure that the proposal is received by CDLE, Purchasing and Contract

Services (PCS) office on or before the proposal opening date and time. Proposals submitted to other locations may not be accepted. Offerors mailing their proposals shall allow sufficient mail delivery time to ensure receipt of their proposals by the time specified and at the specific location. Postmarks are not sufficient for timely submissions.

NOTE: The submission location is leased property and any proposals submitted by regular postal delivery are required to adhere to the United Postal Service processes as well as the Colorado Department of Personnel and Administration’s mail handling processes. As such, these processes add mail processing time and offerors sending proposals by regular postal mail shall ensure sufficient delivery time to accommodate these processes.

The proposal package shall be delivered or sent by mail to:

Colorado Department of Labor and Employment

Procurement and Contract Services (PCS)

Attn: Shari Ashley, Purchasing Agent

633 17th Street, Suite 200

Denver, CO 80202

One copy of the Proposal Signature Page (Attachment A) as well as the Model Contract

Affirmation (Attachment B) MUST be completed and signed in ink by a person legally authorized to bind the offeror to the proposal. The signed form is to be included with the proposal response that is marked as ORIGINAL.

Submit the following:

1) One (1) ORIGINAL hard copy of the Proposal (the ORIGINAL shall include all

Attachments)

2) Five (5) additional hard copies of the Proposal (the additional copies shall not include

Attachments)

3) Two (2) hard copies of the Pricing Affirmation (Attachment E ) Cost Proposal, in an envelope separately sealed from the Proposal

4) One (1) electronic copy of the Proposal and Cost Proposal.

Proposals that are determined to be at a variance with this requirement may not be accepted.

Proposals must be sealed and submitted in an appropriate envelope, package or box.

Pricing (Costs) Affirmation (Attachment E) shall be separately sealed and included in the sealed Proposal package.

Include the following information on the outside of the envelope and/or package:

CONTRACTOR'S NAME

RFP Number

PROPOSAL DUE DATE AND TIME

CDLE desires and encourages that proposals be submitted on recycled paper, printed on both sides. While the appearance of proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged.

J. Addendum. Modifications, or Supplement to Request for Proposal

In the event that it becomes necessary to revise any part of this RFP, an addendum/ modification notice will be posted on VSS. It is incumbent upon offerors to carefully and regularly monitor VSS for any such postings, as this is the sole means for communicating any clarifications or changes to the RFP content and/or requirements.

K. Oral Presentations and/or Best and Final Offers (BAFOs)

CDLE reserves the right to request Oral Presentations and/or BAFOs for this solicitation.

Any Oral Presentations or BAFOs conducted shall be at the offeror’s sole expense. Oral

Presentations and/or BAFOs may be considered in determining the apparent successful offeror. Evaluation Committee members have the right to modify an offeror’s rating based on clarifications provided at the oral presentation.

L. Acceptance of RFP Terms

A proposal submitted in response to the RFP shall constitute a binding offer.

Acknowledgment of this condition shall be indicated by the autographic signature of the person legally authorized to execute contractual obligations for the offeror. A submission in response to this RFP acknowledges acceptance by the offeror of all terms and conditions, including compensation, as set forth herein. An offeror shall identify clearly and thoroughly any variation between its proposal and CDLE’s RFP requirements.

Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

M. Terms and Conditions

1. State of Colorado Solicitation Instructions/Terms and Conditions

Any quote submitted in response to this RFP is subject to the State of Colorado

Solicitation Instructions/Terms and Conditions found on Colorado VSS at https://bidscolorado.com/purchasi.nsf/0/546C6A7C473DD34087256E9700605672?open

Document.

2. Standard Contract

The successful offeror(s) are required to enter into a formal contract with CDLE, a model attached hereto as “Attachment C, Model Contract”. The contract will incorporate standard State contract terms (including Special Provisions) and funding specific terms (e.g. Federal Funding Accountability and Transparency Act of 2006

(FFATA) into any contract resulting from this RFP.

If an offeror has any suggested modifications to the contract, the offeror must include and clearly indicate such modifications in its offer. Offerors, if you do offer suggested modifications, the decision to reject, accept, or further negotiate requested changes would be at CDLE’s sole discretion. If your firm normally seeks counsel on contract terms, please do so before submitting a response to this RFP.

The offeror’s signature on the Signature Page is confirmation that the offeror understands and acknowledges that any award will require a contract between the

State and the contractor containing the terms and conditions in the attached contract.

If a “Notice of Intent to Make an Award” has been issued, and the parties are unable to enter into a contract that is fully satisfactory to CDLE within a reasonable period of time, at CDLE’s sole discretion, CDLE may elect to cancel the “Notice of Intent to

Make an Award” and commence contract negotiations with another vendor within the competitive range.

3. Funding Accountability and Transparency Act of 2006 (FFATA)

Any proposal submitted in response to this RFP is subject to additional Federal terms and conditions of the FFATA (Attachment C, Model Contract), as amended.

N. Protested Solicitations and Awards

Any actual or prospective contractor may file a protest on any phase of solicitation or award, including but not limited to specifications, award, or a disclosure of information marked confidential in the response. The protest shall be submitted to CDLE Purchasing

Director, Lisa Eze, in writing, within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Ref. Section 24-109, 101 et seq., C.R.S., as amended; Section 24-109, 201 et seq., C.R.S. as amended; and, Section

R-24-109-101 through R-24-109-206, Colorado Procurement Rules.

https://bidscolorado.com/purchasi.nsf/0/546C6A7C473DD34087256E9700605672?openDocument https://bidscolorado.com/purchasi.nsf/0/546C6A7C473DD34087256E9700605672?openDocument

O. Confidential/Proprietary Information

Any proposed restrictions on the use or inspection of material contained within a proposal response shall be clearly stated in the proposal response. Offerors may request the CDLE to consider confidential or proprietary information through the following steps:

Step 1. The offeror, with its proposal, shall submit written requests for confidentiality.

The offeror must provide a justification and state specifically what elements of the proposal are to be considered confidential/proprietary.

Step 2. Confidential/proprietary information must be readily identified, marked, and packaged separately from the rest of the proposal. Commingling of confidential and/or proprietary information with other information is NOT acceptable.

Step 3. The Purchasing Director will make a written determination as to the apparent validity of any written request for confidentiality. Neither a proposal in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in a resulting contract cannot be considered confidential.

Step 4. In the event CDLE does not concur with the offeror’s request for confidentiality, the written determination will be sent to the offeror. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

Step 5. If the offeror does not agree with the Purchasing Director’s determination and the parties cannot come to an agreement, the offeror may file a protest. See Section N above for more information regarding protest rights.

P. RFP Response Material Ownership

CDLE has the right to retain the original proposal response and other proposal response materials for its files. As such, CDLE may retain or dispose of all copies as is lawfully deemed appropriate. Proposal response materials may be reviewed by any person after the "Notice of Intent to Make an Award" has been issued, subject to the terms of Section

24-72-201 et seq., C.R.S., as amended, Public (Open) Records. CDLE has the right to use any or all information/material presented in reply to the RFP, subject to approved limitations outlined in the paragraph, Confidential/Proprietary Information (above).

Q. Proposal and Pricing (including Budget)

All aspects of an offeror’s proposal, including pricing, will be firm for a period of no less than the contract term, including any extensions. Estimated proposal prices are not acceptable. Proposal prices will be considered your best and final offer, unless otherwise stated in the RFP. Offerors shall not raise pricing during the contract term.

Pricing Affirmation (Attachment E) and budgeting details are to be submitted in two (2) separately sealed envelopes, both marked as original. Offerors shall not reference dollar amounts within the proposal, with the exception of what is contained within the separately sealed envelopes.

R. Selection of Proposal - Notice

CDLE will conduct a comprehensive, fair and impartial evaluation of the proposals received in response to this RFP. The objective of the evaluation is to determine the proposal(s) that most effectively meet CDLE’s goals and requirements. The contract(s) for this RFP will be awarded to the offeror(s) whose proposal, conforming to the RFP, will be most advantageous to CDLE. CDLE will post a “Notice of Intent to Make an

Award” on VSS, which will announce the selection.

S. Award of Contract

The award(s) will be made to the responsible offeror(s) whose proposal, conforming to the RFP, will be the most advantageous to CDLE, price and other factors considered. A contract must be completed and signed by all parties concerned by the date specified in the Schedule of Activities and Timelines. In the event the parties are unable to enter into a contract, CDLE may elect to cancel the "Notice of Intent to Make an Award" letter and make the award to the responsible offeror(s) whose proposal would subsequently have received the award.

T. Acceptance of Proposal Content

The contents of the proposal response (including persons specified to implement the project) of the successful offeror will become contractual obligations if acquisition action ensues. Failure of the successful offeror to accept these obligations in a contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such contractor may be removed from future solicitations.

U. RFP Cancellation

CDLE reserves the right to cancel this RFP at any time without penalty.

V. Ownership of Contract Products/Services

Proposals upon established opening time become the property of the State of Colorado.

All products and/or services produced in response to the contract resulting from this RFP will be the sole property of the State of Colorado, unless otherwise noted in the RFP or contract. The contents of the successful offeror’s proposal will become contractual obligations.

W. Incurring Costs

The State is not liable for any cost incurred by offerors prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is awarded and signed by all concerned parties.

X. Rejection of Proposals

CDLE reserves the right: 1) to reject any or all proposals; 2) to waive informalities and minor irregularities in proposals received as determined by CDLE; and 3) to accept any portion of a proposal or all items in a proposal if deemed in the best interest of CDLE.

Failure of an offeror to provide any information requested in this RFP (and in the manner or format required in this solicitation) may result in disqualification of the proposal.

Y. Non-Discrimination

Offerors shall comply with all applicable State and Federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

Z. Parent Company/Vendor Identification

If an offeror is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the proposal. The tax identification number provided must be that of the offeror responding to the RFP. The offeror must be a legal entity with the legal right to contract and shall be registered, and in good standing, with the Colorado Secretary of State’s office.

AA. News Releases

News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval from CDLE.

BB. Certification of Independent Price Determination

Except as otherwise disclosed with particularity, through its submission of an offer, the offeror certifies that the prices and other terms in the offer have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the offer by any other competing offeror. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogues made available to the public by the competing offeror. No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

CC. Use of Solicitation by Other State Agencies

Any award made as a result of this RFP will be available for use by any governmental agency, at that agency’s discretion. The awarded contractor shall extend any pricing or offering to other governmental agencies that desire to utilize this RFP and award.

DD. Prime Contractor

CDLE considers the awarded contractor to be the sole point of contact with regard to contractual matters including the performance of services and the payment of any and all charges. Offerors planning to utilize subcontractors shall disclose this information at time of proposal response.

EE. Multiple Proposal Responses

Offerors may submit only one (1) proposal in response to this RFP. Alternate or multiple proposal responses shall not be submitted by offerors.

FF. Conflict of Interest

Offeror(s) are required to disclose all current or pending projects with the State of

Colorado. Offerors must include all potential conflicts related to this RFP and any other services related to this project.

1. Conflict of Interest Definition. This term applies to the relationship of the selected offeror with CDLE when the selected offeror also maintains a relationship with a third party and the two relationships (CDLE’s and a third party’s) are in opposition.

During the term of the contract, the selected offeror will not enter into any third party relationship that creates a conflict of interest or creates the appearance of a conflict of interest*. Offeror will submit to CDLE, within ten (10) business days of becoming aware of an apparent conflict of interest, a full disclosure statement (in writing) setting forth the details that create the appearance of a conflict of interest.

Failure to submit an acceptable disclosure statement will constitute grounds for

CDLE to terminate its contract with offeror for cause.

2. The selected offeror also agrees that, to its knowledge, no employee of offeror has any personal or beneficial interest (other than ordinary compensation) in the services or goods described in this RFP and offeror’s proposal response.

*Note: The selected offeror(s) must avoid creating even the mere appearance of a conflict of interest. Thus, an offeror(s) only needs to know of the existence of the two relationships in opposition (CDLE’s and a third party’s) regardless of whether or not an offeror gains or benefits from such relationships.

GG. Contract Performance Outside the United States or Colorado

In part, Colorado Revised Statute 24-102-206 states: (1) Prior to contracting or as a requirement for the solicitation of any contract from the state for services, as appropriate, any prospective vendor shall disclose in a statement of work where services will be performed under the contract, including any subcontracts, and whether any services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its statement of work a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts. At the conclusion of Vendor’s performance, Vendor will be required to submit actual figures detailing the extent to which services, including those of subcontractors, were performed outside the United States or the

State.

HH. Minority and Women-Owned Business and Small Business Enterprises

CDLE is dedicated to creating, operating, and maintaining a procurement and contracting system that provides all individuals and businesses, including minority and/or women-owned enterprises (M/WBE), and small business enterprises with an equal and fair opportunity to compete for State business. Vendors shall take all necessary affirmative steps, as required by 45 CFR 93.36(3), Colorado Executive

Orders, and Procurement Rules to assure that small, minority and women's business enterprises are utilized, when feasible, as sources of supplies, equipment, construction, and services purchased under awarded contract. The EPA grant awarded to CDLE has the following M/WBE fair share objective/goals:

MBE: CONSTRUCTION 6.1%; SUPPLIES 6.1%; SERVICES 6.1%; EQUIPMENT

6.1%.

WBE: CONSTRUCTION 6.6%; SUPPLIES 6.6%; SERVICES 6.6%; EQUIPMENT

6.6%.

II. Section 508 Compliance

Electronic and information technology deliverables under this solicitation shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794 (d); 36 CFR Part

1194) and the Access Board Standards. Section 508 requires that accessibility for people with disabilities is incorporated into all electronic and information technology developed, procured and maintained under the resulting solicitation award.

JJ. Reciprocal Preference

Per Colorado Revised Statutes, Section 8-18-101, a resident vendor shall be allowed a preference against a non-resident vendor equal to the preference given or required by the state in which the non-resident vendor is a resident.

KK. Service-Disabled Veteran Owned Small Business Preference

Per Colorado Revised Statutes, 24-103-211, in the situation where one (1) supplier will be awarded, when evaluating two (2) or more comparable responses, preference will be given to the Service-Disabled Veteran Owned Small Business (SDVOSB).

In order to qualify for this preference, a SDVOSB shall submit documentation of

SDVOSB certification issued through the U.S. Department of Veteran’s Affairs with their offer. Any SDVOSB certification submitted shall be verified by CDLE.

LL. Insurance Requirements

Awarded offeror(s) shall agree to CDLE’s Insurance Requirements (Attachment C, Model Contract) and provide a copy of a valid insurance certificate prior to commencement of any work or services. Offeror(s) shall note the requirement for awarded offeror(s) to obtain Commercial Environmental Impairment Liability

Insurance as stated below:

Commercial Environmental Impairment Liability Insurance:

Awarded offeror(s) shall maintain Commercial Environmental Impairment Liability

Insurance (may be called Pollution Liability) covering the offeror's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred, all arising out of the work or services to be performed under this contract. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Minimum coverage of not less than $5,000,000 per occurrence shall be provided. The State of Colorado shall be added as an additional insured to this policy.

MM. Statewide Contract Management

By entering into this Contract (Purchase Order), Contractor agrees to be governed, and to abide, by the provisions of C.R.S. § §2 4-102-205, 24-102-206, 24-103-601, 24-

103.5-101 and 24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system.

Contractor’s performance shall be evaluated in accordance with the terms and conditions of this Contract (Purchase Order), State law, including C.R.S. § 24-103.5-

101, and State Fiscal Rules, Policies and Guidance. Evaluation of Contractor’s performance shall be part of the normal contract administration process and

Contractor’s performance will be systematically recorded in the statewide Contract

Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of

Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Work of this Contract (Purchase Order). Such performance information shall be entered into the statewide Contract Management

System at intervals established in the Statement of Work and Budget and a final review and rating shall be rendered within 30 days of the end of the Contract (Purchase Order) term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of

Work, the Executive Director of the Colorado Department of Personnel and

Administration (Executive Director), upon request by the State, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts.

Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (C.R.S. §2 4-105-

102(6)), or (ii) under C.R.S. § 24-105-102(6), exercising the debarment protest and appeal rights provided in C.R.S. §§ 24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive

Director of The Department of Personnel and Administration, upon showing of good cause.

NN. Past Performance

Each offeror’s past performance shall be reviewed as part of the State’s overall evaluation. This evaluation will take into account past performance information submitted as a part of such offeror’s proposal including but not limited to, information regarding predecessor companies, key personnel who have relevant experience, and subcontractors performing major or critical aspects of the service(s), if such information is relevant. Offeror’s without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. The State will consider offeror’s performance on past or current

State contracts with requirements similar to the State requirements for this contract.

The State will consider information provided by offeror regarding any problems encountered on the identified contracts and any associated corrective actions.

Section III. Background, Overview and Goals

The Division of Oil and Public Safety (OPS) is a division within the Colorado Department of

Labor and Employment (CDLE). OPS is responsible for identifying, assessing, remediating, and monitoring releases from underground petroleum storage tanks statewide, and providing information to the US Environmental Protection Agency regarding storage tanks in Colorado.

CDLE has previously contracted for these services and refers to the execution of these tasks as the LUST Trust/State Lead Program (Program).

This Program is a result of statutory requirements and commitments made to the Environmental

Protection Agency (EPA) by the Petroleum Program within OPS. The Program is intended to provide a full range of assessment activities to determine either the source or the extent of contamination, to perform corrective actions for the remediation of soils and waters, and to respond to emergencies related to releases from regulated petroleum storage tanks. These activities are funded by the Federal LUST Trust Fund, the Petroleum Storage Tank

Reimbursement Fund and other federal funding.

The site locations to be assessed and remediated will be located in Colorado, but the exact numbers and locations are not known at this time. Site activities may not be limited to specific properties and may cover an extensive area and include multiple potentially responsible or impacted parties.

Contractors must be capable of and willing to perform all activities required in this RFP.

Contractors shall perform all activities in accordance with the latest OPS regulations and guidance, incorporating the Risk Based Corrective Action (RBCA) process. Contractors shall submit reports in the approved OPS formats unless otherwise instructed. Contractors’ costs shall not exceed the dollar amounts published in the latest Colorado Petroleum Storage Tank Fund

Reasonable Cost Guidelines. The OPS Regulations (7 C.C.R. 1101-14), Division of Oil and

Public Safety Petroleum Storage Tank Owner/Operator Guidance Document, additional OPS guidance documents, and the Colorado Petroleum Storage Tank Fund Reasonable Cost

Guidelines are located at the following OPS website: http://www.colorado.gov\cdle\ops.

A. Definitions

Below is list of acronyms and terminology utilized in this RFP along with a brief definition.

CAP Corrective Action Plan

Contractor As used in the RFP, the term “Contractor” means the responding or proposing entity of the RFP and may also be referred to as vendor or offeror, and includes any contractor’s employees and subcontractors.

In the Model IT Contract, the term “Contractor” refers to the awarded vendor that will be performing the work.

Days Unless otherwise noted, all days are calendar days

Desired An action that is at the Contractor’s discretion but has an element of preference included

EFS Economic Feasibility Summary

ERAP Electronic Reimbursement Application

LUST Leaking/Underground Storage Tanks

May An action that is at the Contractor’s discretion (permissive)

MNA Monitored Natural Attenuation

MTBE Methyl Tertiary Butyl Ether

Must Same as shall (mandatory performance item)

OPS Division of Oil and Public Safety of the Colorado Department of

Labor and Employment

POE Point of Exposure

PID/FID Photo Ionization Detector/Flame Ionization Detector http://www.colorado.gov/cdle/ops

Section IV. Scope of Work

Statement of Need and Requirements

The Scope of Work includes a full range of assessment activities to determine either the source or the extent of contamination, to perform corrective actions for the remediation of all impacted media and to respond to emergencies related to releases from regulated petroleum storage tanks.

All work activities are subject to the approval and concurrence of OPS. OPS shall have ultimate authority over decisions regarding any site assessment, remediation and emergency response work. All subcontracted work shall be the responsibility of the awarded offeror(s).

A. Site Characterization

The purpose of the site characterization is to determine the extent of contamination in all media for Chemicals of Concern (COC) at sites which qualify for State lead investigations. The range of assessment actions may include:

1. Conduct a site visit; interview the property owner to obtain historical information about the site; identify potential locations to conduct subsurface investigation and note any obstacles; identify if there are any other potential sources of contamination in the area; determine from which properties access may need to be requested and collect contact information.

2. Research regional geologic and hydrogeologic information, to get a preliminary idea of depth to groundwater, regional groundwater flow direction, and lithology. Site specific depth to groundwater, groundwater flow direction, and lithology will be determined during the subsurface investigation.

Proprietary

Information

Proprietary Information shall mean information relating to a party’s research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients, or affiliates, but does not include information lawfully obtained from third parties, that is in the public domain, or that is developed independently.

SAR Source Assessment Report

Shall A mandatory performance requirement (command/directive), compulsory obligation

Should An action that is at the Contractor’s discretion (non-mandatory performance item), but which is strongly desired

Subcontractor Subcontractor means a contractor who performs a portion of a contract for a “prime contractor.” The subcontractor has a contractual relationship with the prime contractor, not the State.

Will Same as shall (mandatory performance item)

3. Conduct historical record searches, such as aerial photographs, OPS records, and county assessor’s records to determine property ownership information, utility records, and any other pertinent documents.

4. Conduct a subsurface investigation to determine the source and extent of contamination in all media. This will include the installation of borings and groundwater monitoring wells, using direct push technology or drilling and the collection of soil, water, soil vapor, or air samples for laboratory analysis. Conduct slug testing on three groundwater monitoring wells completed in native soils.

5. Identify all completed exposure pathways and potential Points of Exposure (POE).

6. Obtain registered well information within one half mile of the assigned location from the State Engineers Office to identify potential receptors.

7. Calculate the site specific target levels (SSTL) (cleanup goals) for the site.

8. Advancement of soil borings, and installation of groundwater and soil vapor monitoring points.

9. Prepare and submit a Site Characterization Report (SCR) for the site.

B. Corrective Actions

The purpose of a corrective action is to identify the most economical and technologically feasible remedial approach and, once approved, implement the remedial approach until SSTLs are achieved at the site. The range of corrective actions will likely vary widely and may include:

1. Conduct pilot testing to evaluate the effectiveness of the selected remediation method(s).

2. Design the remediation approach based on results of the pilot testing.

3. Prepare and submit a Corrective Action Plan (CAP) and with associated economic feasibility study (EFS) in OPS approved formats.

4. Implementation of the approved CAP may include installation, operation and maintenance of the remediation system, excavation, or chemical oxidation injections.

Offeror shall conduct monitoring and submit monitoring and system performance reports as requested by the OPS site manager.

5. Following decommissioning of the remediation system and abandonment of monitoring wells, the offeror shall restore surface cover of the site to its pre-remediation condition.

6. CDLE encourages the contractor(s) to recycle any wastes.

C. Emergency Response / Initial Abatement

The purpose of conducting emergency response or initial abatement activities is to protect human health and prevent further migration of contaminants into the environment. Offeror(s) must be able to respond with the appropriate equipment to anywhere in the State within twelve hours’ notice by OPS and for offeror(s) located along the Front Range corridor, within four hours to the

Front Range corridor. For this RFP, the Front Range corridor is defined as being within twenty miles of Interstate 25 from Fort Collins to Pueblo. This response may require the offeror(s) to provide several personnel and may be for extended periods of time. This emergency response and initial abatement may include, but not necessarily be limited to the following activities:

1. Free product recovery and disposal.

2. Contain and mitigate contamination impact to waters of the state.

3. Sampling of soils and groundwater.

4. Air monitoring and/or mitigation of vapors within buildings.

5. Assisting local fire authorities.

6. Preventing the further release of petroleum products.

Section V. Reporting Requirements

Awarded Offeror(s) shall compile and electronically submit the field data and preliminary tables, figures and other pertinent information for emergency response and assessment activities upon request by OPS. Any comments made by OPS after reviewing the information submitted, must be addressed prior to the submittal of the final report.

Awarded Offeror(s) shall use the OPS standardize combined report formats for Site

Characterization Report (SCR), Corrective Action Plan (CAP), and Monitoring and Remediation

Report (MRR)

A. Site Characterization Report (SCR)

If the activities are performed to characterize the source and the extent of contamination, the offeror will submit one electronic copy to the OPS FTP Site in the standardized OPS Combined

Report format to OPS within the agreed upon due date.

B. Corrective Action Plan (CAP)

The CAP report shall include a detailed technical analysis of the remedial approach with the costs itemized in the associated economic feasibility summary (EFS) form. Once OPS and the offeror concur on the remedial method, the offeror shall submit one electronic copy to the project manager and one electronic copy to the CDLE OPS State Contractor email address at cdle_ops_statecontractor@state.co.us the in the standardized CAP format to OPS within two weeks of its request.

C. Monitoring and Remediation Report (MRR)

MRRs shall present the conceptual site model (CSM), summarize the corrective actions performed, comprehensive monitoring results, and include current site figures and other information which may clarify any deviation of the intended actions or that may be considered useful to evaluate the overall effectiveness of the site remediation.

mailto:cdle_ops_statecontractor@state.co.us

D. Emergency Response / Initial Abatement Report

In the event that emergency response activities are warranted, Offeror shall submit one electronic copy of the report to the OPS FTP site, which includes a description of all emergency response and initial abatement activities conducted. There is no standardized format for this report, but as with all OPS reports, analytical data should be presented in table format, and the report should include figures and photos where applicable.

Section VI. Offeror(s) Responsibility

Awarded offeror(s) shall be responsible for any and/or all of the following as applicable for any services performed under this RFP and awarded contracts.

A. Methodology

Offeror shall perform all activities, including but not limited to groundwater and soil sampling procedures, borehole drilling, monitoring well installation, and vapor sampling in accordance with the latest OPS regulations and guidance. The offeror shall utilize analytical laboratories, methods, and equipment which shall quantify petroleum contaminants below the maximum contaminant levels (MCLs) in groundwater and below the risk-based screening levels (RBSLs) in soils and soil vapor.

B. Investigation of Utilities

The offeror shall perform an investigation of public utilities that are near each site. This investigation shall include a field reconnaissance near the site, a records search of public utility records, and the field “clearing” of utilities and or utility corridors. OPS shall not assume any responsibility or liability for damages or loss of service as a result of any investigation performed by the offeror under this contract, and offeror solely assumes all responsibility and liability. The offeror, at the outset and during the course of the investigation, shall evaluate the extent to which utility corridors may affect contaminant migration and boring or well placement. Offeror shall evaluate the following utilities, as applicable:

o Telephone o Sewer/drainage o Water lines o Electrical o Cable / Fiber Optics o Gas service o Oil and gas pipelines o Septic tanks / drains o Buried tanks / pipes o Wells / cisterns and distribution systems o Any other site-specific utility or subsurface concern

C. Site Surveying

The offeror must use a professional surveyor or conduct a survey employing equivalent equipment and technique. All surveyed points must be accurate within 0.5 feet horizontally.

Tops of well casings and groundwater elevations shall be surveyed to an accuracy of 0.01 feet vertically. All surveyed points must be tied to a common reference point or benchmark.

Subcontracted surveying services will be reimbursed according to this RFP.

D. Management of Waste Materials

Offeror shall store all materials suspected of being contaminated onsite with the permission of the property owner until their disposition has been arranged. All uncontaminated soils may be left onsite for use in backfilling test holes or excavations. Liquids must be drummed and stored until analytical results are available to determine their disposition.

Depending on the levels of hydrocarbons indicated by the field screening, Toxicity

Characteristic Leaching Procedure (TCLP) lead, ignitability, or paint filter tests may be required of either individual or composite samples. If process knowledge indicates that waste oil tanks may contain other substances, Offeror shall perform the appropriate analytical tests.

OPS must concur with the method of disposal or recycling selected by the offeror. Wastes that are considered hazardous will not be handled under this program. If the OPS site manager is not on site and hazardous wastes are encountered, Offeror shall stop project work and notify OPS immediately. Site work shall not be resumed without prior authorization from the OPS site manager or his/her supervisor.

Neither the State nor the offeror will assume responsibility for the transportation and disposal of hazardous wastes, if any are encountered during the project. However, the offeror shall be responsible for properly containerizing and labeling any hazardous wastes if they are encountered and excavated. Transportation and disposal of any hazardous wastes will be the responsibility of the property owner.

E. Access

Offerors shall obtain all necessary permits and site access. If difficulties arise, the OPS may assist in obtaining the necessary site access for the performance of work by the offeror. If questions arise during site field activities, the OPS site manager will be available for response.

F. Worker Safety and Site Safety Plans

The offeror shall provide and monitor a safe work environment to protect workers and others from health hazards in compliance with all State and Federal Occupational Safety and Health regulations. Onsite workers (including subcontractors) must have documentation of compliance with 29 CFR 1910.120(e) including the forty (40) hour occupational health and safety training, the eight hour supervisory course for supervisors/managers, and the eight hour annual refresher training.

The offeror shall develop a generic Site Safety Plan that can be tailored for each specific site prior to initiating onsite activities. The plan shall establish policies and procedures to protect workers and the public from potential hazards at a site. The plan must also provide measures to minimize accidents during normal daily activities or adverse weather conditions. Development of a written Site Safety Plan helps ensure that all safety aspects of site activities are thoroughly examined before beginning fieldwork. Offeror shall modify the plan as necessary. The Site

Safety Plan must include general site information, relevant site history, a summary of conditions expected, anticipated COCs, exposure limits, action levels, personnel protective equipment required, work limitations, emergency contacts, and routes to emergency care facilities.

The offeror shall identify a 24-hour contact and telephone number and update this information in the event of any changes.

CDLE anticipates that a majority of the work will be performed under Level D personnel protection. The offeror may encounter site conditions that require Level C and B personnel protective equipment.

G. Contractor Listing

The offeror shall be a Listed Environmental Consulting Company with the Colorado Petroleum

Storage Tank Fund. All employees listing in a Category 5.4 or above position, identified by the offeror to perform services requested in this RFP shall be Listed Environmental Consultants with the Colorado Petroleum Storage Tank Fund. Offerors shall utilize the following website to submit this information:

http://www.colorado.gov/cs/Satellite/CDLE-OilPublicSafety/CDLE/1248095302550.

H. Resumes

Offeror must identify all personnel who will be providing services requested in this RFP and their functions. Offeror(s) shall submit resumes for all personnel Category 5.4 or above, indicating job experience, worker safety training, and other relevant experience for all individuals who will be performing services requested in this RFP throughout the contract period.

I. Period of Performance

Award…