HomeMy WebLinkAboutRFP - P1161 PEDESTRAIN AND BICYCLE GRADE SEPERATED CROSSING AT TROUTMAN PARKCity
Financial Services
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Purchasing Division
215 N. Mason St. 2ntl Floor
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Collins
Box 580
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Fort Collins, CO 80522
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970.221.6775
970.221.6707
fcgov.com/Purchasing
REQUEST FOR PROPOSAL
P1161 Pedestrian and Bicycle Grade -Separated Crossing at Troutman Parkway
The City of Fort Collins is seeking proposals from qualified consultants to provide engineering
design, plan preparation, and construction engineering support services for a pedestrian and
bicycle grade -separated crossing at Troutman Parkway. This project is funded by a Federal -Aid
Congestion Mitigation and Air Quality (CMAQ) grant and the City of Fort Collins. Federal -Aid.
Project AQC M455-089, Project Code 16526
The Colorado Department of Transportation has determined the contract goal for DBE
participation in this Contract will be met with certified DBEs who have been determined to be
underutilized on professional services contracts. The DBE goal for this project has been
established as follows:
Professional Services Consultants and/or Subconsultants: 8.7 Percent
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. E-mail submittal shall be addressed
to: istephen@fcgov.com. Please send a separate e-mail to confirm that your proposal was
received. Please limit proposal length to 40 total pages or fewer. Proposals will be received
before 3:00 p.m. (our clock), January 15, 2009. Proposal No. P1161 Pedestrian and Bicycle
Grade -Separated Crossing at Troutman Parkway. If delivered, they are to be sent to 215 North
Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580,
Fort Collins, 80522-0580.
Proposals must be received before 3:00 p.m. (our clock) January 15, 2009, regardless of
submittal mode.
A pre -proposal meeting will be held at 215 North Mason Street, Community Room, on
January 6, 2009 at 10:00 a.m., followed by a site visit.
Questions concerning the scope of the project should be directed to Project Manager Jin Wang,
jwangOfcgov.com, (970) 221-6605, ext. 7733.
Questions regarding proposals submittal or process should be directed to
John D. Stephen, CPPO, CPPB, Senior Buyer, istephenOfcgov.com, (970) 221-6777.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcqov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request
a copy of the Bid.
rev 01/08
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction
Contracts".
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
The requirements for which are shown in the Nondiscrimination Provisions, which are
attached hereto and made a part hereof.
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F. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A
through F in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The
Contractor will take such action with respect to any subcontract or procurement as the State
or the FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that, in the event the Contractor becomes involved in, or
is threatened with, litigation with a Subcontractor or supplier as a result of such direction,
the Contractor may request the State to enter into such litigation to protect the interest of the
State and in addition, the Contractor may request the FHWA to enter into such litigation to
protect the interests of the United States.
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Disadvantaged Business Enterprise Regulations
ATTENTION CONSULTANTS - Notice
On June 21, 2001, in order to more narrowly tailor CDOT's DBE program to conform with the results of
CDOT's 2001 Disparity Study update, the Colorado Transportation Commission adopted Resolution No.
966, which established a new definition of Underutilized DBE (UDBE) for construction contracts and for
consultant contracts and set a 10.93% overall annual DBE goal for the remainder of FFY 2001 and for
FFY 2002.
The Disparity Study Update found that ALL DBES were underutilized on CDOT construction contracts
and on CDOT consultant contracts, i.e., it determined that ALL DBES WILL BE CONSIDERED TO BE
UDBES. Since all CDOT DBEs are considered to be UDBEs, CDOT's DBE list will also be the UDBE list.
Please contact Business Programs with questions about this change. Telephone: 303-757-9162 or 800-
925-3427 or e-mail Karen. Gonzales@dot.state.co.us.
October 12, 2005
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
1. Definitions and Procedures - For this project, the following terms are defined:
A. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being:
1. At least 51 percent owned by one or more socially and economically disadvantaged
individuals or, in the case of any publicly owned business, at least 51 percent of the stock
of which is owned by one or more socially and economically disadvantaged individuals;
and
2. Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
3. "Socially and Economically Disadvantaged individuals" means those individuals who are
citizens or lawfully admitted permanent residents of the United States and who are:
(a) Minorities or individuals found by the Small Business Administration pursuant to
Section 8(a) of the Small Business Act to be disadvantaged.
(b) Individuals found by CDOT's Office of Certification to be socially and economically
disadvantaged.
B. DBE Joint Venture. An association of two or more businesses formed to carry out a single business
enterprise for profit for which purposes they combine their property, capital, efforts, skills and knowledge.
DBE joint ventures must be certified as a joint venture. The DBE percentage of the joint venture will be
determined at the time of certification.
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E. Consultant's UDBE Obligation.
1. The Consultant submitting a Statement of Interest and a Work Plan on consultant projects
advertised by the Department agrees to ensure that UDBEs, as defined in this special
provision, have equal opportunity to participate in the performance of contracts or
subcontracts. The prime Consultant shall not discriminate on the basis of race, color,
national origin, or sex in the selection and bidding process or the performance of contracts.
2. To ensure that UDBEs are offered equal opportunity to participate in the performance of
contracts, it is the responsibility of the prime Consultant to offer and to provide assistance to
UDBEs related to the UDBE performance of the subcontract. However, the UDBE must
independently perform a commercially useful function on the project, as described in F(4)
below.
F. Counting UDBE Participation Toward Goals
1. Once a firm has been certified as a DBE that qualifies as a UDBE, the total dollar amount of
the contract awarded to the firm shall be counted toward the contract goal as explained
below, and as modified for the project in the project special provisions titled "Contract Goal."
2. The actual dollar total of a proposed subcontract, supply or service contract with any UDBE
firm shall be reported to the Department in the Consultant's Cost Proposal.
3. The eligibility of a proposed UDBE subconsultant will be finally established based on the
firm's status at the time the contract is signed. If a firm becomes certified as a DBE during
performance under a fully executed contract with CDOT but prior to the UDBE performing
any work, then 100% of the work performed by the firm under that contract may be claimed
as eligible work. No work performed by a UDBE firm can be counted toward UDBE
participation prior to the firm receiving certification as a DBE.
4. The Consultant may count toward its contract goal only that percentage of expenditures to
UDBEs which independently perform a commercially useful function in the work of a contract.
A UDBE is considered to be performing a commercially useful function by actually
performing, managing, and supervising the work involved. To determine whether a UDBE is
performing a commercially useful function, the Department will evaluate the amount of work
subcontracted, work performed solely by the UDBE, industry practices, and other relevant
factors.
5. A UDBE may enter into subcontracts consistent with normal industry practices. If a UDBE
subcontracts over 51 % of the work of the Contract the UDBE shall be presumed not to be
performing a commercially useful function. The UDBE may present evidence to rebut this
presumption to the Department.
6. The Consultant may count toward its contract goal the percentage of expenditures for
materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers
specifically for use on the project, provided that the UDBEs assume the actual and
contractual responsibility for and actually provide the materials and supplies.
a. The Consultant may count 100 percent of its expenditures to an UDBE manufacturer if
the purchased items are to be used on the project. A UDBE manufacturer is a certified
firm that operates or maintains a factory or establishment that produces on the premises
the materials or supplies obtained by the Consultant.
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1. Written permission of the named UDBE. Written permission may be waived only if such
permission cannot be obtained for reasons beyond the control of the Consultant.
2. A full written disclosure of the circumstances making it impossible for the Consultant to
comply with the condition of award.
3. Documentation of the Consultant's assistance to the UDBE named in the Consultant's
Statement of Interest.
4. Copies of any pertinent correspondence and documented verbal communications
between the Consultant and the named UDBE.
5. Documentation of the Good Faith Efforts in finding a replacement UDBE and the results
of the efforts. It is within the control of the Consultant to locate, prior to award, UDBEs
that offer reasonable prices and that could reasonably be expected to perform the work.
For this reason, increased cost shall not, by itself, be considered sufficient reason for not
providing an in -kind replacement.
C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily complete
performance of the work, the Consultant shall furnish to the Department the following:
1. Documentation that the subject UDBE did not perform in a satisfactory manner.
2. Documentation of the Consultant's assistance to the UDBE prior to finding the UDBE in
default.
3. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE
stating that it cannot complete the work and it is turning the work back to the Consultant.
4. Copy of the contract between the Consultant and the UDBE, plus any modifications
thereto.
6. Sanctions
A. It is the obligation of the Consultant to provide UDBE firms with equal opportunity to participate in
the performance of the work.
B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent
with the intent of the DBE program, and in substantial compliance with the terms and conditions
of these DBE definitions and requirements.
C. UDBE firms which fail to perform a commercially useful function as described in subsection 4(E)
of these DBE definitions and requirements or operate in a manner which is not consistent with the
intent of the DBE program may be subject to revocation of certification.
D. A finding by the Department that the Consultant has failed to comply with the terms and
conditions of these DBE definitions and requirements may constitute sufficient grounds for default
and termination of the Contract.
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Request for Proposal
P1161 Pedestrian and Bicycle Grade -Separated Crossing At Troutman Parkway
Federal -Aid Project AQC M455-089, Project Code 16526
1 —GENERAL
1.1 Purpose
The City of Fort Collins is seeking proposals from qualified consultants to provide engineering
design, plan preparation, and construction engineering support services for a pedestrian and
bicycle grade -separated crossing at Troutman Parkway. All consultants submitting proposals
shall be pre -qualified with CDOT for bridge design or structural engineering.
1.2 Scope of Services
The services will consist of pedestrian and bicycle grade -separated crossing design, overall plan
and specification preparation, public open house assistance, report preparation, PLC application
assistance, and permit application assistance.
1.2.1 General Project Description
The City of Fort Collins has received Federal -Aid Congestion Mitigation and Air
(duality (CMAQ) funds to design and construct a pedestrian and bicycle grade -
separated crossing across the Burlington Northern Santa Fe (BNSF) railroad
tracks. The project is located on Troutman Parkway, just west of South College
Avenue. The intent is to provide a safe and direct ADA compliance crossing
connecting the Mason Bike Trail and the neighborhoods, to the Mason Corridor
Bus Rapid Transit (MAX) service and to adjacent businesses. A planned MAX
station will be located immediately north of Troutman Parkway. The project total
budget for design, construction and right-of-way is approximately $1.5 Million.
1.2.2 Project Requirements
DBE Goals
The Colorado Department of Transportation has determined the contract
goal for DBE participation in this contract will be met with certified DBEs
who have been determined to be underutilized on professional services
contracts (CDOT Form 1331). The DBE goal for this project has been
established as follows:
Professional Services Consultants and/or Subconsultants: 8.7%
(CDOT Form 1331 will be required)
General Requirements
The consultant will be expected to provide a full range of engineering services for
the successful completion of construction plans and specifications. The services
• The consultant will be required to coordinate the identification of right-of-way
(ROW) and easements. The City will provide the legal descriptions, with the
consultant preparing the ROW plans per CDOT format. The City Real Estate
Services will arrange for appraisal services and acquisition processes.
• The consultant will be required to prepare all applications for necessary
permits required prior to construction.
• All geotechnical investigation services required for the design of this project
shall be provided by the consultant. The consultant shall coordinate any soil
boring locations with the City. Testing for sulfates is required.
• A FIR meeting with CDOT is required. A cost estimate update will be
required.
• The consultant will be responsible for preparing documents in accordance
with the National Environmental Policy Act of 1969 (NEPA) and federal, state
and local environmental regulations. Most local agency projects will be
covered by a Categorical Exclusion (Cat Ex).
These documents will be in CDOT's format and presented to CDOT for
review and submittal to FHWA for the following clearances as applicable:
Stormwater Discharge Permit Associated with Construction Activity
(CDPS)
During construction if one acre or more of earth disturbance is anticipated
a CDPS permit is required. A Storm Water Management Plan (SWMP) is
one of the requirements for the CDPS permit. All SWMP's must be
approved by R4 region environmental. The City MS4 permit
requirements are to be followed.
If needed, CDOT will do the Section 404 Permitting and Hazardous Materials
clearance.
Final Design (FOR Plan / Construction Bid Plan)
• All required reports are to be completed.
• The consultant will be required to prepare and complete all applications for
necessary design approval or construction permits.
• A FOR meeting with CDOT is required. A final cost estimate update will be
required.
• Final approved construction plans and specifications, sealed by a Colorado
P.E. is expected. A final cost estimate update is required if necessary.
• An electronic copy of the construction plan and specification are to be
submitted to the City. Formats are to be in AutoCAD, MS Word and PDF.
2 — SELECTION PROCESS
2.1 Review and Assessment
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
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
Does the proposal show an understanding of the
2.0
Scope of Proposal
project objective, methodology to be used and
results that are desired from the project?
Do the persons who will be working on the project
2.0
Assigned Personnel
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
1.0
Availability
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?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
Does the firm have the support capabilities the
3.0
Firm Capability
assigned personnel require? Has the firm done
previous projects of this type and scope?
Is the primary firm a UDBE or has the primary
1.0
UDBE
firm submitted UDBE participation that meets or
exceeds UDBE goal for the project?
PROFESSIONAL SERVICES AGREEMENT
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 , [insert either a corporation, a partnership or an
individual,doing business as , hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages,
and incorporated herein by this. reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference.
3. 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 four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
Written notice of renewal shall be provided to the Professional and mailed no later than ninety
(90) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
►l
shall be based upon the Professional's City -verified progress in completing the services to be
performed pursuant hereto and upon the City's approval of the Professional's actual
reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal payment shall be made
following acceptance of the work by the. City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
6. Compensation. [Option 11 In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($ ). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City -verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
City. Upori final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. [Optional]Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project
containing accurate information on the project as constructed. Drawings shall be of archival,
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14. 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.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Prohibition Against Employing Illegal Aliens. Prohibition Against Employing
Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and
agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly, employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
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18. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
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(Corporate Seal)
4 — ATTACHMENTS REQUIRED BY CDOT
ADDENDUM A: FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18,
except to the extent that other applicable federal requirements (including the
provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part
18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18
include, without limitation:
1. the Local Agency/Contractor shall follow applicable procurement procedures, as
required by section 18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDOT approval of changes
to any subcontracts in the manner, and to the extent required by, applicable provisions
of section 18.30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with
1.8.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described
in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled 'Equal Employment Opportunity,"
as amended by Executive Order 11375 of October 13, 1967 and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded
in excess of $10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). .
D. The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees
and subgrantees when required by Federal grant program legislation. This act requires that
all laborers and mechanics employed by contractors or sub -contractors to work on
construction projects financed by federal assistance must be paid wages not less than those
established for the locality of the project by the Secretary of Labor).
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