REQUEST FOR PROPOSAL Environmental Legal and Consulting Services
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1 City Commissioners Daniel F. Aussem Public Property Thomas G. Ganiere Public Health & Safety Wayne A. Eichelkraut, Jr. Accounts & Finance James J. Less Public Improvements ROBERT M. ESCHBACH MAYOR 301 W. MADISON STREET, OTTAWA, ILLINOIS The Cantlin Law Firm Corporation Counsel Donald J. Harris City Treasurer David A. Noble City Engineer Shelly L. Munks City Clerk Phone: Fax: REQUEST FOR PROPOSAL Environmental Legal and Consulting Services The City of Ottawa requests proposals to provide legal services from qualified environmental attorneys. Proposals will be accepted until noon local time, Monday, December 7, Proposals received after that date and time will not be opened or considered. Proposals will be reviewed by the City of Ottawa evaluation team. Provide one original, three copies and an electronic version of the required qualifications and information, in sealed envelope identified on the outside with: Ottawa Environmental Legal and Consulting Services RFP December 2015 PURPOSE The purpose of this Request for Proposal is to seek proposals from environmental attorneys, licensed to practice in the State of Illinois to provide environmental legal services and consultation. The Grantee has been awarded CDBG IKE Disaster Recovery funds from the Illinois Department of Commerce and Economic Opportunity ( DCEO ) to acquire a flood-prone property and to demolish and clear the property, along with environmental assessment and remediation allowing the subject property to be converted to permanent green space for property located at 400 Clinton Street, PIN Fehr Graham is the environmental engineering firm performing the environmental site assessment, remedial planning and remediation oversight services. The overall grant project is to acquire the former Ottawa Central School, abate the asbestos, demolish the building, stabilize the ground surface with vegetation and obtain a No Further Remediation (NFR) letter for the property. At this time, the building has been acquired, asbestos abated, building demolished and site stabilized. The targeted property is located next door to a former Manufactured Gas Production (MGP) Site. During the process of environmental assessment, free product coal tar was encountered on the targeted property in the location of a former mill race. The utilities
2 involved in the former MGP site are ComEd and Nicor. Currently they are developing plans to clean up the Mill Race area. SCOPE OF WORK 1. Assessment and legal analysis of the relevant environmental laws and regulations, and their specific implication and application for the project, concerning the remediation and redevelopment of the Central School site, and its enrollment into the State of Illinois Site Remediation Program in furtherance of obtaining a NFR Letter; 2. Negotiations as to financial responsibility and related liability, and preparation for potential litigation, with the responsible parties for the adjacent former manufactured gas plant (Nicor and Commonwealth Edison, collectively, the Utilities ) in relation to the anticipated remediation of the adjacent site and its impacts onto the Central School site; and 3. Advice to the City with respect to liability allocation, indemnities and related legal issues, and documentation of same, as to the Utilities legal position, in order to effectuate the anticipated remediation activities. PROPOSALS The following information should be included: 1. Name of proposer 2. Proposer address 3. Proposer telephone number 4. Proposer federal tax identification number 5. Name, title address, telephone number, fax number, and address of contact person authorized to contractually obligate the Proposer on behalf of the proposer. 6. Proposed costs itemized for each task Contents: Proposers should letter and number responses exactly as the questions are presented herein. Interested consultants are invited to submit the following information: 1. Introduction (transmittal letter) By signing the letter and/or offer, certifies that the signatory is authorized to bind the firm. The submittal should include: a. A brief statement of the understanding of the scope of the work to be performed; b. A confirmation that the firm meets the appropriate state licensing requirements to practice in the State of Illinois; c. A confirmation that the firm has not had a record of substandard work within the last five years; d. A confirmation that the firm has not engaged in any unethical practices within the last five years;
3 e. A confirmation that, if awarded the contract, the firm acknowledges its complete responsibility for the entire scope of work. f. Any other information that the firm feels appropriate; and g. The signature of an individual who is authorized to make offers of this nature in the name of the firm submitting the proposal. 2. Background and Experience a. Describe firm s full legal name, date of establishment, type of entity and business expertise, short history, current ownership structure and any recent or materially significant proposed change in ownership. b. Describe prior engagements in which the firm assisted a governmental entity with similar type project. c. Explain previous experience with USEPA and IEPA. d. Describe the characteristics of which would be uniquely relevant in evaluating the experience of firm to handle the proposed project. e. Describe relevant specialized knowledge in environmental work. f. Provide current information on professional errors and omissions coverage carried by the firm, including amount of coverage. 3. Personnel/Professional Qualifications a. Identify staff members, preferable one key person, assigned to act for the firm and functions to be performed by each person. They shall be the person or persons who would be engaged to perform the scope of work. b. Include resumes of each such staff member designed above, including name, position, telephone number, fax number, address education, and years and type of experience. c. Describe relevant environmental experience and include examples of work preformed within the last five years. 4. Approach a. Clearly describe the unique approach, methodologies, knowledge and capability to be employed in the performance of the Scope of Services. 5. Project Schedule a. Consultant contract is anticipated to be effective until the NFR letter is finalized and recorded, which is expected to be approximately one to three years. 6. Proposed Compensation The selected Consultant will be compensated on a unit-price basis for definable work product delivered and on an hourly fee basis for additional services rendered. a. Provide unit prices and an estimate of work effort for tasks described in the Scope of Services. Total cost of these tasks will be represented as cost not to exceed. Price per task will be subject to a cost reasonableness determination and final negotiation. b. Provide the firm s general fee structure for identified services and fullyloaded hourly rates for other tasks, if needed. c. Contract will be a cost reimbursement contract with a cost ceiling.
4 d. Provide other pricing information if applicable. e. The City of Ottawa is not liable for any cost incurred by any proposers prior to the execution of an agreement or contract created as a result of this RFP. The City of Ottawa shall not be liable for any costs incurred by the selected consultant that are not specified in the contract. SELECTION CRITERIA The City of Ottawa reserves the right to accept or reject any or all submissions. All submissions become the property of the City of Ottawa. The City of Ottawa shall evaluate each potential consultant in terms of: 1. Professional qualifications necessary for satisfactory performance of required services; 2. Specialized experience and technical competence in environmental work; 3. Approach, methodologies, and knowledge on the legal service described. 4. Capacity to accomplish the work in the required timeframe; 5. Past performance on contract with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules; 6. Cost reasonableness; Respondents will be evaluated on the basis of the written material submitted and according to the following factors: 1. General experience of the firm/primary person with required services. 10 points 2. Specialized experience in environmental projects. 30 points 3. Approach, methodologies, and knowledge on the legal service described. 20 points 4. Current capacity to accomplish the work in the required time. 10 points 5. Reference attesting to firm s quality of work and performance schedules. 20 points 6. Proposed costs. 10 points The City of Ottawa may or may not conduct oral interviews. After receipt of submissions and interviews, the City of Ottawa will determine which firm will be selected to enter into contract negotiations. Unsuccessful firms will be notified as soon as possible. CONTRACT DEVELOPMENT Contract discussion and negotiation will follow award selection. Respondents must be amenable to inclusion, in a contract, of any information provided whether herein or in response to this RFP or developed subsequently during the selection process. The contract shall not be considered executed unless signed by the authorizing representative of the City of Ottawa. The contract may be extended beyond the original term if the City of Ottawa deems it necessary and agreed by both parties. COMPLIANCE WITH LAWS The selected firm agrees to be bound by all applicable Federal, State and Local laws, regulations and directives as they pertain to the performance of the contract.
5 QUESTIONS Questions concerning this proposal should be addressed in writing to: David A. Noble, P.E. Community Development Director City of Ottawa 301 W. Madison St. Ottawa, Illinois ext Responses to questions that would be of relevance to all potential respondents will be posted to the City s website no later than five days prior to the scheduled opening of the request for qualifications. SUBMITTALS Submittals shall be hand-delivered or mailed to: David A. Noble, P.E. Community Development Director City of Ottawa 301 W. Madison Ottawa, Illinois 61350
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