HomeMy WebLinkAboutBID - 7063 PROJECT COORDINATION SERVICESCity
Financial Services
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Purchasing Division
215 N. Mason St. 2"d Floor
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Collins
PO Box 580
Fort Collins, CO 80522
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970.221.6775
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970.221.6707
fcgov.com/Purchasing
REQUEST FOR PROPOSAL
Written proposals, four (4)will be received at the City of Fort Collins' Purchasing Division,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received
before 3:00 p.m. (our clock), August 24, 2009. Proposal No. 7063. If delivered, they are to
be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the
address is P.O. Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager, Doug
Swartz, (970)221-6719, beginning August 13, 2009.
Questions regarding bid submittal or process should be directed Opal Dick, CPPO, Sr. Buyer,
(970)221-6778.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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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.
14. 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.
15. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder shall deliver to the City's Director of
Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
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17. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
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1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department') made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
19. Amendment 54 To the extent that this Agreement may constitute a "sole
source government contract' within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation, Section 15
of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and
made a part hereof:
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Section 15. Because of a presumption of impropriety between contributions to any campaign
and sole source government contracts, contract holders shall contractually agree, for the
duration of the contract and for two years thereafter, to cease making, causing to be made, or
inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or
on behalf of his or her immediate family member and for the benefit of any political party or for
the benefit of any candidate for any elected office of the state (of Colorado) or any of its political
subdivisions.
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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Exhibit A
SCOPE OF SERVICE
Project Coordination Services
Northern Colorado ENERGY STAR® Homes
The Northern Colorado ENERGY STAR Homes (NoCO ESH) Executive Committee is
seeking a contractor to provide part-time project coordination services for this start-up
program as it moves from early development phase, initially to pilot phase and eventually to
full-fledged implementation.
Background information about the NoCO ESH program below.
This project coordination work is part-time. Sixteen hours per week, on average, is the
anticipated workload. Flexibility in availability will be needed to accommodate program
needs.
Sample Responsibilities
• Coordination with Lead Team
— Work with the Lead Team to help set clear goals and milestones.
— Keep Lead Team informed about progress toward program goals and milestones,
expenses and income, program needs.
— Work with Lead Team representative to schedule Lead Team meetings and prepare
agendas.
— Attend Lead Team meetings, take minutes and distribute minutes in a timely manner.
• Project coordination
— Track all pieces of the program, making sure that critical pieces are moving forward in
concert and critical milestones are being met.
— Coordinate with all team members, paid and unpaid.
— Track progress on external funding commitments.
— Serve as the communications hub for program activities.
— Serve as point person for tracking data associated with builder partners and qualified
homes.
• Budget
— Project and track income and expenses against the budget, by fund.
— Authorize payment of invoices by the program's fiscal agent.
• Reporting
— Prepare reports, as required, for external funding organizations.
— Prepare monthly income and expense reports for funding sponsors.
• Other
— Serve as program liaison with web master and provide program information as
needed to keep web current and relevant.
— Maintain team rosters, program contact database, and program calendar.
— Provide logistics support for trainings and other NoCO ESH-sponsored events.
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Terms of Service
These services will be provided on a contract basis, under the terms of a Services
Agreement with City of Fort Collins (this contractor will not be a City of Fort Collins
employee). The contractor will be compensated at an hourly rate. The contractor will
provide their own work space, computing and office equipment, and transportation. The
rate, details of the scope of work and other working arrangements will be negotiated.
The contractor will work under the direction of a designated member of the program's
Executive Committee.
Current program resources will fund these services from the date of execution of the
Services Agreement through December 31, 2009. The agreement will include an option to
renew should funding be available for 2010.
Hiring Process
Proposals will be received before 3:00 p.m. (our clock), August 24, 2009 at the City of Fort
Collins' Purchasing Division.
Please submit a minimum the following materials:
• Resume
• A statement of your understanding of the scope of work, the skills and experience you
can bring to the program, and how you envision approaching this job
• Proposed billing rate, including direct expense reimbursement. Please review contract
attached for insurance requirements.
• References (minimum three, five preferred)
These materials will be screened by a selection committee. A selected group of candidates
will be interviewed.
Northern Colorado ENERGY STAR® Homes
Background Information — July 2009
The mission of the Northern Colorado ENERGY STAR Homes (NoCO ESH) program is to
transform the regional new home market to high-performance construction, using an
educational, market -based approach targeting consumers, builders, trade allies and other
stakeholders.
NoCO ESH is supported by a coalition of regional sponsors, including towns, cities, utilities
and a county, working closely with the national ENERGY STAR New Homes program and
the Colorado Governors Energy Office (GEO).
The program was initiated in spring 2008 with a matching grant awarded by GEO to City of
Fort Collins. Fort Collins recruited other regional sponsors and the group has worked
together to lay the foundation for this northern Front Range region. 2009 brought additional
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funding through commitments from several program sponsors and a larger matching grant
from GEO; 2009 program resources total about $160K.
Currently the program is making the transition from early development phase to initial
consumer outreach, while many pieces are still being developed in parallel.
The NoCO ESH program is housed, for now, at City of Fort Collins, because Fort Collins is
the nominal GEO grant recipient on behalf of all sponsors. Agreements are currently being
signed between Fort Collins and the other funding sponsors. These provide the legal
framework for pooling all funds under the management of Fort Collins, as the program's
fiscal agent. They also document decision -making procedures and other organizational
aspects of the project. In the future, as the program becomes more firmly established, it
may evolve to a standalone organization.
The funding sponsors comprise an Executive Committee that has ultimate responsibility for
the program. In practice, a Lead Team, consisting of several Executive Committee
members and other key players, guides program development. The Lead Team meets
monthly. Until now, daily program responsibilities have been carried out by a combination of
sponsor organization staff and contractual help for specific aspects (marketing and web
programming). Because sponsor staff is overcommitted with other core job responsibilities,
the Lead Team made the decision to contract for part-time project coordination services.
The scope of work for these services includes overseeing and tracking work by others as
well as directly working on many aspects of the program. Specific responsibilities will vary
as the program evolves.
Due to the term of the GEO grant, the Executive Committee can presently only commit to
funding project coordination services through December 31, 2009. However the expectation
is that this program, and the need for these services, will continue into subsequent years.
Planning in this regard will take place during fall 2009.
For more information about NoCO ESH, visit the program web site,
www.nocoenergVstarhomes.org, which is currently evolving from an early, builder -oriented
site to a consumer -oriented site. Lead Team meeting minutes are available for background
on program development and direction; they may be requested from Tiana Jennings Smith,
970-221-6253, tennings-smith(@fcgov.com. Other questions may be directed to Doug
Swartz, Fort Collins Utilities, 970-221-6719, dswartz fcgov.com.
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REVIEW AND ASSESSMENT
Submittals 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
QUALIFICATION
STANDARD
FACTOR
2.0
Understanding of Job
Does the proposal show an understanding of the
Responsibilities
project objectives, skills to be used and results that are
desired from the project?
2.0
Skills/Experience
Does the person who will be working on the project
have the necessary skills? What prior experience does
the person have in applying those skills? Has the
individual done previous projects of this type and
scope?
1.0
Availability
Can the work be completed within the time
requirements? Is there flexibility in the person's work
schedule? Is the person available to attend meetings
as required by the Scope of Work?
1.0
Motivation
Is the person interested and are they capable of doing
the work in the required time frame?
2.0
Billing Rate
Do the proposed rate compare favorably with the
Project Manager's estimate?
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Reference evaluation (Top Ranked Submittal)
The project Manager will check references using the following criteria. The evaluation rankings will
be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this person again? Did they
show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the person responsive to client needs; did
the person anticipate problems? Were problems
solved quickly and effectively?
Job Knowledge
Did the person have the skills to properly
perform the expected job assignments?
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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 hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider 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. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within Fourteen (14) days following
execution of this Agreement. Services shall be completed no later than December 31, 2009.
Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in
a writing signed by the parties.
3. Contract Period. This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect until
December 31, 2009, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of up to one (1) year at the
rates provided with written notice to the Professional mailed no later than thirty (30) days prior to
contract end.
4. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
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Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
5. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
1.
City:
1.
Copy to:
1. Service Provider:
2.
City of Fort Collins
2.
City of Fort Collins
2.
3.
Attn: Purchasing
3.
Attn: Doug Swartz
3.
4.
PO Box 580
4.
PO Box 580
4.
5.
Fort Collins, CO 80522
5.
Fort Collins, CO 80522
5'
s.
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
6. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A",
consisting of three pages, and incorporated herein by this reference.
7. City Representative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
8. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's compensation
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hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other purpose.
9. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights or benefits
provided to the City under this Agreement or cause of action arising out of performance of this
Agreement.
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted
standards for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
12. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
13. 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
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