ENGINEERING AND ENVIRONMENTAL SERVICES FOR MORGAN COUNTY LANDFILL RFP SECTION ONE GENERAL INFORMATION IMPORTANT DATES

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1 ENGINEERING AND ENVIRONMENTAL SERVICES FOR MORGAN COUNTY LANDFILL RFP SECTION ONE GENERAL INFORMATION IMPORTANT DATES Advertisement of RFP: Monday, May 16, 2011 Deadline for Questions: 3:00 P.M. MST, June 1, 2011 On-Site Inspection: To be scheduled the week of May 23, 2011 Proposals must be received no later than: 11:00 A.M., June 13, PURPOSE OF REQUEST FOR PROPOSAL (RFP) The purpose for the request for proposal (RFP) is to obtain quotes for Engineering and Environmental Services for the Morgan County Landfill located at Morgan County Road 22, Fort Morgan, Colorado. The response material must be addressed and delivered to: Susan Bailey Administrative Services Manager 218 Kiowa Avenue P. O. Box 596 Fort Morgan, CO Phone: , extension Any questions regarding this RFP should be directed in writing to: Alberta L. Naill Environmental Protection Manager Morgan County Solid Waste Management Department P. O. Box 189 Fort Morgan, CO THE OUTSIDE OF THE ENVELOPE OR CONTAINER MUST STATE: ENGINEERING and ENVIRONMENTAL SERVICES FOR MORGAN COUNTY LANDFILL RFP Morgan County reserves the right to reject any and all proposals received and to waive any formalities as may be permitted by law. 2. INTRODUCTION The Board of Morgan County Commissioners hereby extends this invitation to prospective bidders to submit a proposal for Engineering and Environmental Services for the Morgan County Landfill.

2 3. DUE/OPENING DATES Proposals shall be submitted to Susan Bailey Administrative Services Manager by Monday, June 13, 11:00 a.m.. Proposals received after the deadline noted herein shall not be considered. Proposals will be opened by the Administrative Services Manager at 231 Ensign, (Assembly Room), Fort Morgan, CO at 11:00 a.m., Monday, June 13, Proposals will then be awarded by the Board of County Commissioners at a public meeting, date to be announced at opening. 4. RECEIPT OF RFP PACKAGE The Morgan County Administrative Services Manager is the sole authority to provide the RFP package to interested companies or individuals. Proposers, who are working from an RFP package obtained from any other source, may be working from an incomplete set of documents. The County assumes no responsibility for a proposal s errors, omissions, or misinterpretations resulting from a Proposer s use of an incomplete RFP package. 5. ISSUING OFFICE The RFP is issued for Engineering and Environmental Services for Morgan County Landfill RFP Susan Bailey Administrative Services Manager 218 Kiowa Avenue P. O. Box 596 Fort Morgan, CO Phone: , extension 1410 FAX: sbailey@co.morgan.co.us 6. CONTRACT ADMINISTRATORS Following the signing of the contract, all communications concerning the contract must be directed to George Monsson, County Attorney, 231 Ensign, Fort Morgan, CO INCURRING COSTS Morgan County is not liable for any costs incurred by prospective firms prior to the signing of a Contract for Services attached as Exhibit A. 8. PROPOSALS To be considered, each firm must submit a complete response to this RFP. No other distribution of proposals is to be made by the submitter. An official authorized to bind the submitter to its provisions must sign the proposal in ink. The proposal must include a statement as to the period which the proposal remains valid. This period must be at least 6 months from the date due for proposals to this RFP.

3 9. ACCEPTANCE OF PROPOSAL CONTENT The contents of this RFP and the proposal will become contractual obligations, if a contract ensues. Failure of the selected consultant to accept these obligations may result in cancellation of the award. 10. PROPOSAL CONTENTS All proposals and other material submitted become the property of the County and may be returned only at the County s option. 11. QUESTIONS REGARDING RFP Any questions regarding this RFP should be directed in writing to Alberta L. Naill, P. O. Box 189, Fort Morgan, or via to anaill@co.morgan.co.us. no later than June 1 st, Inquiries received after 3:00 p.m. Mountain Standard Time (MST), June 8, 2011 will not be responded to. All questions and inquiries will be responded to electronically by Morgan County. No contact shall be permitted with unauthorized County Personnel. Information obtained from an unauthorized officer, agent, or employee of the County or any other person shall not affect the risks of obligations assumed by the contractor or relieve him from fulfilling any of the conditions of the contract for the purpose of this project. 12. CONTRACT DOCUMENTS: The Request for Proposal, General Information, Submittal Requirements, Contract for Services (Exhibit A ) and Scope of Work (Exhibit B ) compose the Contract Documents. READ ALL DOCUMENTS TOGETHER IN ORDER TO UNDERSTAND YOUR RIGHTS, DUTIES AND LIABILITIES. 13. TYPE OF CONTRACT A sample contract for services, which would be executed between Morgan County and the consultant, is included herein Exhibit ( A ). Morgan County reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects if, in the Board of County Commissioners judgment, the best interest of the County will be so served. In determination of awards, the qualification of the proposal submitter, the conformity with the specifications of services to be supplied and the delivery terms will be considered. 14. TERM OF CONTRACT This is a service contract and the term of the contract shall expire on December 31, However, the Board of County Commissioners shall have the authority to extend the term of the contract due to the depth and scope of this project. The awarded firm must agree and be aware that all records and information shall become the sole property of Morgan County upon the contract period terminating.

4 15. COST LIABILITY Morgan County assumes no responsibility of liability for costs incurred by the consultant prior to the signing of the contract for services agreement. Total liability of the County is limited to the terms and conditions of the Contract for Services. 16. COMPLIANCE WITH LAWS AND REGULATIONS It shall be a condition of all Proposals submitted that the contractors will fully and completely comply with all applicable Federal, State and Municipal laws and County regulations, resolutions, laws and orders. 17. INSURANCE REQUIREMENTS The Vendor or Contractor providing services under this Contract will be required to procure and maintain, at their own expense and without cost to the County, until expiration of the agreement the following insurance. The policy limits required are to be considered minimum amounts: Commercial General Liability Insurance: At a minimum combined single limits of $1,000,000 per-occurrence and $1,000,000 general aggregate) for bodily injury and property damage, which coverage shall include products/completed operations, independent contractors and contractual liability each at $1,000,000 per occurrence. Worker s Compensation and Employer s Liability: Including Occupations Disease Coverage in accordance with scope and limits as required by the State of Colorado or state in which the Contractor is a resident (or the firm is registered). Comprehensive Automobile Liability Insurance: Which includes coverage for all, owned, nonowned and rented vehicles with $1,000,000 combined single limit for each occurrence Professional Liability Insurance: Evidence of Professional Liability Insurance coverage in the amount of one million ($1,000,000) dollars, with a minimum coverage of one million ($1,000,000) dollars per occurrence and one million ($1,000,000) dollars aggregate. Morgan County shall be named as an additional insured on general liability and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to Morgan County. Certificates of insurance shall be delivered to Morgan County within fifteen (15) days of execution of the Contract. 18. ASSIGNMENT OF PURCHASE ORDER OR CONTRACT A Contractor may not assign or otherwise transfer any of its rights or obligations under any contract without the prior written approval of the BOCC. 19. BILLING FOR SERVICES RENDERED All bills incurred by the Firm hired for this project will be invoiced directly to Morgan County Commissioners, Finance Department, P.O. Box 189, Fort Morgan, CO with a copy of invoice sent to the Department of Solid Waste Management, P. O. Box 189, Fort Morgan, Colorado Invoices for services provided must reflect the hourly costs and cost by project type. Acceptance and payment shall follow the requirements as indicated in the Morgan County Contract for Services, Exhibit A.

5 SECTION TWO SUBMITTAL REQUIREMENTS Applicants shall submit one original and four copies, in a sealed envelope, indicating clearly the name of this RFP on the outside of the envelope, with the following information and inclusions to: Susan Bailey Administrative Services Manager 218 W. Kiowa Avenue P. O. Box 596 Fort Morgan, CO Phone: , extension sbailey@co.morgan.co.us Submittals should contain the following, in this order, in sections: 1. A cover letter expressing interest in this project, familiarity with project requirements and a proposed approach to completing the scope of work. 2. A Fee Schedule for labor and equipment that may be anticipated to provide services that may be requested by Morgan County on an as requested basis. 3. Location of bidder s office(s) that will be providing the requested services to Morgan County. 4. Indicate how many years firm has been in business and providing the requested services in Colorado. 5. Short professional biographies of personnel to be engaged in and committed to this project, with specific emphasis on similar work. Please include any licenses and certifications. Bidders are required to have a Professional Engineer (P.E.) registered in the State of Colorado. The P.E. should hold a local office and have substantial landfill engineering experience in Colorado. Bidders should propose one person as Project Manager who shall serve as the point of contact for Morgan County. 6 Provide a list of approximately five to ten projects that demonstrate experience applicable to the services requested in this RFP. This list should present projects completed or in progress over a range of time from recent projects to projects completed a minimum of five years previous. Bidders should attempt to provide projects that represent each of the services that may be requested by Morgan County. Each project should include the date range of the project, the name of the client, the facility for which the services were performed, and a very brief description of the services provided. 7 List of recent similar services and references. Provide three to five complete references with contact information for similar projects. 8 Insurance Information as indicated in RFP and Contract for Services.

6 SELECTION CRITERIA Selection will be based upon the best value that will include an appraisal of technical knowledge and ability to conduct the technical work as described. Responses to this RFP will involve an evaluation of the following factors as presented in the submitter s RFP by the BOCC and the Morgan County Solid Waste Management Department: Firm s Qualifications and Past Experience a. Professional Qualifications Qualifications of the firm. Qualifications of personnel who will be working on this project. b. Past Involvement with Similar Projects c. References Demonstrated success of the firm by providing information that indicates similar projects having been completed satisfactorily within schedule and budget constraints. d. Project Understanding and Approach Firm demonstrates a complete understanding of the project requirements and has developed a comprehensive approach for completing these requirements. e. Fee Schedule Based on Time and Materials Fees should be broken out by personnel. Fees should include any travel and reimbursable expenses. METHOD USED IF COUNTY DEEMS INTERVIEWS ARE NECESSARY AFTER EVALUATION OF ABOVE CRITERIA Interviews with Short List Firms: The County may elect to conduct interviews with a company s responsible employee who submits proposals determined to be reasonably eligible for award. The purpose of these discussions will be to clarify and assure the company s full understanding of, and responsiveness to, the solicitation requirements. Those companies reasonably eligible of being selected for award shall be accorded with fair and equal treatment with respect to any opportunity for discussion and revisions of proposals. Revisions may be permitted after submissions and before award of the contract for the purpose of obtaining best and final offers. In conducting these discussions, the County may not disclose information derived from proposals submitted by competing companies. If satisfied that only one company is deemed eligible for award, Morgan County may opt to proceed to negotiations without an interview. Right to Negotiate: After the County s completion of the evaluation process, the County may elect to initiate contract negotiations with one or more of the selected companies.

7 Failure to Negotiate: If selected company fails to provide the information required to begin negotiations in a timely manner; or fails to negotiate in good faith; or indicates they cannot perform the contract within the budgeted funds available for the project; or, if a selected company and the County after good faith effort, simply cannot come to terms, the County may terminate negotiations with that particular company and commence negotiations with any other company that submitted a proposal.

8 MORGAN COUNTY CONTRACT FOR SERVICES EXHIBIT A This agreement is made this day of, between Morgan County Board of County Commissioners (herein referred to as County ), having its principal place of business at 218 W Kiowa, Fort Morgan, Colorado and (referred to as Vendor ), having its principal place of business at. 1. Compensation and term: County hereby retains vendor, and vendor hereby agrees to perform the following services: The agreement shall commence on August 1, 2011, and shall remain in effect until December 31, An option to renew for five (5) additional terms of one (1) year each shall be considered at the term of this agreement. Either party to this agreement may terminate this agreement with or without cause by providing at least 30 days written notice to the other party. 2. Insurance: Vendor Agrees to carry and keep in full force during the performance of this contract the following insurance coverage: *General liability insurance in an amount not less than $1,000, *Automobile liability insurance in an amount not less than that required by Colorado law. Vendor will name Morgan County as an additional insured on the general liability policy. *Professional errors and omissions insurance in an amount not less than $1,000, *Worker s Compensation insurance in accordance with the laws of the State of Colorado. All certificates of insurance shall be provided to the county prior to the start of work. 3. Representations Vendor represents and warrants to County that it has the experience and ability to perform the services required by this agreement, that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this agreement; and that its performance of this agreement shall not infringe upon or violate the rights of any third party or violate any Federal, State or municipal laws. 1

9 4. Independent Contractor/ Subcontracting: Vendor recognizes and acknowledges that this agreement shall be solely as an independent contractor. Vendor further acknowledges that it is not considered an affiliate or subsidiary of the County, and is not entitled to any employment rights or benefits. It is expressly understood that this undertaking is not a joint venture. 5. County s Right to Suspend Vendor s Performance: For good and sufficient cause such as (a) Faulty workmanship, (b) Improper superintendence, (c) Vendor s failure to carry out any reasonable order or perform any provision of the purchase order and collateral documents, (d) Substantial failure in quantity or quality of material. Any other circumstance unfavorable for prosecution of the work, the County shall have the right to suspend the vendor s performance of the work. Notice of such suspension shall be in writing and the vendor will be allowed 15 working days to correct and complete the unacceptable work. The Vendor shall resume performance of the work promptly when so notified in writing by the county. 6. Confidentiality: Vendor recognizes and acknowledges that this agreement creates a confidential relationship between County and Vendor and that information concerning County business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise is confidential in nature. All such information concerning the County is herein referred to as confidential information 7. Indemnification: Vendor agrees that the personnel, agents, and any other parties that are under its direction and control are either independent contractors or are the employees of vendor. Therefore, Vendor agrees to hold harmless, indemnify and defend the County from the claims of any of Vendor s personnel, agents, employees, or independent contractors or any other parties, working under Vendor s direction and control and from any third party claims or actions proximately caused solely by the actions or negligence of the Vendor, its employees, agents or subcontractors. The vendor agrees that it is strictly liable to the county for any direct or general damages resulting from the vendor s failure to perform its duties under this contract. 8. Non-Disclosure: Vendor agrees that, except as directed by County he will not at anytime during or after the term of this agreement disclose any confidential information to any person whatsoever and that upon the termination of this agreement it will turn over to the County all documents, papers, and other matter in its possession or control that relates to the County. Vendor further agrees to bind its employees and subcontractors to the terms of this agreement. 2

10 9. Governing Law: This agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 10. Prohibitions on Public Contract for Services: ILLEGAL ALIENS: If Contractor/Consultant has any employees or subcontractors, Contractor/Consultant shall comply with C.R.S., and following, regarding Illegal Aliens - Public Contracts for Services, and this Contract. By execution of this Contract, Contractor/Consultant certifies that it does not knowingly employ or contract with any illegal alien who will perform work under this Contract and that Contractor/Consultant will participate in either the E-Verify Program or Colorado Department of Labor and Employment Department Program in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. By executing this contract the contractor/consultant certifies compliance with all federal and state requirements regarding the employment of illegal aliens. Failure to comply with these regulations is a substantial breach of this contract and may be grounds for cancellation of this contract with no right to cure. 11. Provisions: GIFTS: To the extent required by the law, Contractor certifies that it is familiar with the provisions of Article XXIX of the Colorado Constitution (also known as Amendment 41) regarding gifts and is compliant with the provisions of this Article. 12. Entire Agreement and Notice: This agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. 13. Binding Effect: This contract shall be binding upon and inure to the benefit of the heirs, administrators, successors, personal representatives or assigns of all of the parties hereto. 14. Acceptance and Payment: Vendor agrees to perform all of the work described herein and comply with the terms therein for the sums not to exceed as per attached schedule A. 3

11 Payment Schedule: Payment to be made upon receipt of invoices submitted by: Upon receipt of an invoice/payment request, the County s designated representative will review the request, and shall authorize or deny payment. Payment shall be made 15 days after authorization of payment by such representative. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of, County: MORGAN (SEAL) Attest: Board of County Commissioners Chairman Connie Ingmire Clerk to the Board Approved as to legal form Morgan County Attorney Commissioner Commissioner Vendor: By: Title: 4

12 MORGAN COUNTY EXHIBIT B Scope of Work Engineering and Environmental Services for the Morgan County Landfill Purpose: Morgan County is requesting proposals for Engineering and Environmental Services for the Morgan County Landfill. Bidders shall provide a fee schedule for labor and equipment that may be anticipated to provide services that may be requested by Morgan County on an as requested basis. Contract Term: The proposed initial term of the contract will be from August 1, 2011 through December 31, 2011 with an option to renew for five (5) additional terms of one (1) year each. Scope of Work Minimum Technical Requirements of Bidders: Each bidder and any employee of that bidder who will be responsible for the completion of work pursuant to this RFP must: a) Possess a working knowledge of CDPHE guidelines, requirements, and permitting/reporting criteria. b) Possess a working knowledge of landfill engineering, design, and construction, especially Municipal Solid Waste Landfills located in Colorado with experience with issues particular to smaller rural landfills in Eastern Colorado. c) Possess a working knowledge of methane monitoring, groundwater sampling, waste profiling, and writing reports to meet industry standards summarizing field work. d) Have experience and demonstrated ability to perform complex calculations regarding financial assurance and statistical analysis of data. e) Have an understanding of waste evaluation based upon the approved Morgan County Landfill Solid Waste Acceptance Policy for Wastes to be Disposed of at the Morgan County Landfill. f) Have a working relationship with the Colorado Department of Public Health and Environment (CDPHE). g) Be a member of Solid Waste Association of North America (SWANA) and Colorado SWANA. h) Be available by telephone when needed and on site on short notice. SCOPE OF WORK General Statements that apply to all services: a) All services must conform, as applicable to, Colorado Department of Public Health and Environment (CDPHE), Environmental Protection Agency (EPA), and Morgan County Landfill approved procedures. b) Analytical/laboratory fees will be paid directly to the laboratory by Morgan County. Any shipping costs incurred by the consultant should be paid by the consultant and billed back to Morgan County. c) Contractor must assure that monitoring techniques, sampling methodologies and laboratory analysis is the same or similar to historic methods so that new techniques do not result in data that cannot be compared or statistically analyzed with past data, ultimately resulting in additional, unnecessary assessment monitoring, and a higher cost to Morgan County. Bidder must detail how they will perform methane monitoring, groundwater sampling and laboratory analysis to meet the above listed requirements. Currently Morgan County personnel are performing the field work for methane monitoring on a quarterly basis. Semi-annual Groundwater sampling is performed by County personnel in April and October. Consultant

13 coordinates lab kit. Groundwater samples are currently being sent to Laboratory recommended by consultant. Field reports are submitted to consultant for analysis and completion of reports. Typical Services that may be requested by Morgan County include, but are not limited to: 1. MSW landfill groundwater and explosive gas monitoring. 2. Groundwater and methane statistical analysis and reporting. 3. Preparation of MSW Landfill Stormwater Discharge Permit (CDPS) applications, Storm Water Management Plans (SWMP s), and Storm Water Monitoring and Reporting activities. Current Stormwater Discharge Permit expires December 31, Preparation of Air Permit applications including, Air Pollution Emissions Notices (APEN s), Construction/Title V Operating Permits, Greenhouse Gas (GHG) Evaluations, and all applicable monitoring and reporting requirements. Current Construction Permit expires November 5, Financial Assurance Closure and Post Closure Cost Estimates. Next update due April Landfill Construction activities including landfill final cover and cell designs, bid package development, construction management, and Construction Quality Assurance (QCA) services. 7. Landfill expansion services including siting, design, operations, monitoring, and permitting, including development of Engineering Design and Operations Plans (EDOP s) associated with new landfills or expansions to existing landfills. Design and Operations Plan will need to be updated in 2014 or sooner if significant changes are made. 8. Assistance with various operational issues including updating existing plans, development of ancillary plans such as Spill Prevention, Control, and Countermeasure Plans (SPCC s), Waste Characterization and Acceptance Plans, volume and airspace evaluations, assessing the acceptability of specific special wastes, landfill phasing plans, landfill life calculations, etc. 9 Provide technical assistance and advise to Morgan County so that Morgan County Landfill remains in compliance with all State and Federal Regulations. SUMMARY OF DETAILED TIMELINE OF REQUIRED SERVICES: Methane Monitoring Quarterly Basis (January, April, July, October) Groundwater Sampling Semi-Annual Basis (currently being conducted in April and October) Current Stormwater Discharge Permit Expires December 31, 2011 Current Construction Permit Expires November 5, 2015 Financial Assurance Closure and Post Closure Cost Estimates Update Due April 2013 Design and Operations Plan Update Due 2014 or sooner if significant changes are made

14 MORGAN COUNTY EXHIBIT C - Evaluation and Selection Criteria The following factors will be considered in evaluating each Proposal: a) Professional Qualifications: Qualifications of the firm s personnel measured by education and experience, especially the specific person(s) that would be working on the project. A Professional engineer registered with the State of Colorado is required with experience for this project. b) Past involvement with similar projects: Familiarity with landfill engineering and environmental services, statistical analysis, sampling and monitoring, and waste profiling. c) A proven experience in developing reports for County and State Officials and efficiently meeting regulatory requirements. d) Knowledge of cell construction and design. e) Fee Schedule for services and equipment that may be anticipated to provide services that may be requested by Morgan County on an as requested basis. f) Knowledge of CDPHE, and other applicable state or federal regulations. g) Knowledge of monitoring techniques and experience related to those required in Exhibit B of this RFP. h) Local office; i.e., near Morgan County or easily available upon request. i) Experience working with rural arid landfills. j) Record of working relationship with the Colorado Department of Public Health and Environment. k) Each offeror must employ or have direct access to the following personnel: 1. Professional Engineer 2. Professional Geologist 3. Environmental Consultant 4. Civil/Geotechnical Engineer 5. Environmental Scientist and/or Geotechnical Technician for various monitoring requirements 6. Office Staff This is a best value solicitation. Therefore, selection of the successful proposer will be based upon a review of all information submitted by a proposer in response to the Scope of Work listed in Exhibit B. Additionally, the evaluation process will also include an appraisal of a proposer s past performance, experience, and technical knowledge and ability to timely and satisfactorily complete the technical work described in this RFP within the budget for that work. File: Landfill Consultant RFP Revised a.doc