HomeMy WebLinkAboutRFP - 7155 PROJECT MANAGEMENT SERVICES - MASON CORRIDOR�'}`/Y� s O�
Financial Services
Purchasing Division
215 N. Mason St. 2"'Floor
F6rt
Collins
PO Box 580
Fort Collins, CO 80522
���Purchasinj�'-970.221.6707
970.221.6775
fcgov. com/purchasing
REQUEST FOR PROPOSAL
7155 Project Management Services -Mason Corridor
Written proposals, eight (8) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2"d floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00
p.m. (our clock), on July 16, Proposal No. 7155. 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.
A Pre -Proposal conference will be held at 215 N Mason St., 2"d floor, Fort Collins, Colorado
conference room 2A, on July 8, 2010 at 3:00 p.m. Attendance at this pre -proposal meeting
is highly advised.
This project .is funded in part by grant funding from the Federal Transportation Administration
Section 5309 Small Starts Program.
The City of Fort Collins is soliciting proposals from qualified consultants for project management
services to implement the Mason Corridor Bus Rapid Transit project. The use of these services
will be to assist City staff and direct the management of the overall project design\engineering,
public outreach, right-of-way acquisition, coordination with the BNSF railroad, Colorado State
University, Federal Transit Administration and other major stakeholders as well as to manage
the construction and oversight of the initial phases of operation for the Mason Corridor/MAX
BRT system.
Questions concerning the scope of the project should be directed to Project Manager Helen
Migchelbrink, City Engineer, (970) 221-6340 or hmigchelbrink@fcgov.com.
Questions regarding proposals submittal or process should be directed to
James B. O'Neill II, CPPO, FNIGP (970) 221-6779, or ioneill _fcgov.com.
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., 2"d 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.
rev 01/08
termination to the Professional. 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:
Professional:
City:
With Copy to:
City of Fort Collins
City of Fort Collins, Purchasing
Attn:
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. DesiQn, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of $
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of
the services to be performed pursuant to this Agreement, the City agrees to pay Professional a
fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and
12
costs shall not exceed ($ ). Monthly partial payments based upon the Professional's
billings and itemized statements 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 actual
reimbursable expenses. [Optional] Insert Subcontractor Clause Final 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 1] 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. Upon 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.
13
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,
prepared on stable Mylar base material using a non -fading process to provide for long storage
and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the
City in an AutoCAD version no older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. 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.
14
13. 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.
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. 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,
15
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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
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 Professional
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. Professional 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 Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.6-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
16
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
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.
17
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]
In
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
(Corporate Seal)
Corporate Secretary
In
EXHIBIT " "
INSURANCE REQUIREMENTS
1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Professional's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in
work performed under this agreement:
1) 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 Professional 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 Professional 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.
19
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
A.1 - Federally Required and Other Model Contract Clauses
1.
ENERGY CONSERVATION REQUIREMENTS.................................................................21
2.
CLEAN WATER REQUIREMENTS....................................................................................21
3.
LOBBYING.........................................................................................................................21
4.
ACCESS TO RECORDS AND REPORTS.........................................................................23
5.
FEDERAL CHANGES........................................................................................................25
6.
CLEAN AIR.........................................................................................................................25
7.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES..................................................25
8.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS..........................................................................................................................................25
9.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .......
26
10.
CIVIL RIGHTS REQUIREMENTS..................................................................................27
11.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)...................................................28
12.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .........
29
20
1. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act.
2. CLEAN WATER REQUIREMENTS
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seg. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
3. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act
of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR §
20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49
CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying,
61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply
or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any -Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
21
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
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure
or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
22
4. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to
provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or
any of their authorized representatives access to any books, documents, papers and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R.
633.17 to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through
the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the
FTA Administrator or his authorized representatives, including any PMO Contractor, access to
the Contractor's records and construction sites pertaining to a major capital project, defined at
49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes
contracts of less than the simplified acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, a hospital or
other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents, papers and record of the Contractor
which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11).
23
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteris
tics
Operatio
. nal
Service
Contract
Turnkey
Constructi
on
Architectur
al
Engineerin
g
Acquisitio
n of
Rolling
Stock
Profession
Ial
Services
I State
Grantees
None
Those
None
None
None
None
imposed on
a. Contracts
state pass
below SAT
None
thru to
Yes, if
None
None
None
($100,000)
unless'
Contractor
non-
unless
unless
unless
non-
competitiv
non-
non-
non-
b. Contracts
competiti
a award or
competitiv
competitiv
competitiv
above
ve award
if funded
a award
a award
a award
$100,000/Ca
thru2
pital Projects
5307/5309
/5311
II Non State
Grantees
Those
Yes3
imposed on
Yes
Yes
Yes
Yes
a. Contracts
non -state
below SAT
Yes3
Grantee
Yes
Yes
Yes
Yes
($100,000)
pass thru to
b. Contracts
Contractor
above
$100,000/Ca
pital Projects
Sources of Authority:
149 USC 5325 (a)
2 49 CFR 633.17
318 CFR 18.36 (i)
24
5. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so comply
shall constitute a material breach of this contract.
6. CLEAN AIR
Clean Air —
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seg. The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
7. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et sec . and U.S. DOT regulations, 'Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that if
it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
25
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide
regulation implements Executive Order 12549, Debarment and Suspension, Executive Order
12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-
355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected
to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally
required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in
that the dollar threshold for application of these rules has been lowered from $100,000 to
$25,000. These are contracts and subcontracts referred to in the regulation as "covered
transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract
or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded
Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or
condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include this
requirement in their own subsequent covered transactions (i.e., the requirement flows down to
subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method
of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
26
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by (insert
agency name). If it is later determined that the bidder or proposer knowingly rendered
an erroneous certification, in addition to remedies available to {insert agency name},
the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes; executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
27
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing. requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
11. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by. Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business
Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _7.6_ %. A
separate contract goal [has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor
to carry out these requirements. is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the City of Fort Collins deems appropriate.
Each subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through
race -neutral means throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the City of Fort Collins. In addition, [the contractor may not hold
retainage from its subcontractors.] [is required to return any retainage payments to those
subcontractors within 30 days after the subcontractor's work related to this contract is
satisfactorily completed.] [is required to return any retainage payments to those
subcontractors within 30 days after incremental acceptance of the subcontractor's work
by the (insert agency name) and contractor's receipt of the partial retainage payment
related to the subcontractor's work.]
d. The contractor must promptly notify the City of Fort Collins, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must
make good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The contractor may not terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent of the City of
Fort Collins.
28
12. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this Agreement. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests
which would cause (name of grantee) to be in violation of the FTA terms and conditions.
'Ij:
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, etseq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness
and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to
this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Date
Name and Title of Contractor's Authorized Official
30
(9/20/2010) John Stephen - Fwd: RE: AECOM Independent Review Page 1
From: Erika Keeton
To: John Stephen
CC: Terry Tyrrell
Date: 9/17/10 P
Subject: F RE: AECOM Independent Review
Attachments: �COM est gsl pdf
John, Baker has completed an independent review of the AECOM project management contract. See email below and attachment.
Let me know if you need anything else. Thanks, Erika
Erika Keeton, P.E.
Special Projects Engineer
City of Fort Collins Engineering Department
970.221.6521
ekeeton@fcgov.com
>>> "Leiphart, Galina" <GSLeiphart@mbakercorp.com> 9/16/2010 9:45 PM >>>
Erika — thank you for your patience with this.
We have completed our review of AECOM's proposed hours, rates and total cost corresponding to the provided scope. Attached for
your reference is Baker's independent hours estimate and cost. Baker's total cost estimate is within 2% of that proposed by
AECOM.
It is our opinion that the proposed hours are appropriate for the Project Management Consultant role, and that the proposed rates
reflect the necessary technical expertise for the project.
Please let me know if you have any questions or we can be of additional assistance.
Thanks,
Galina
From:Erika Keeton [mailto:ekeeton@fcgov.coml
Sent: Thursday, July 29, 2010 11:22 AM
To: Leiphart, Galina
Cc: Helen Migchelbrink
Subject: AECOM Independent Review
Hi Galina, we have selected AECOM as our project management consultant and we need to have an independent review of the
costs for FTA. Is this something you guys could do for us? I've attached the scope and costs and copies of the RFP. I can give you a
copy of AECOM's proposal this afternoon if you need it. Thanks, Erika
Erika Keeton, P.E.
Special Projects Engineer
City of Fort Collins Engineering Department
970.221.6521
ekeeton@fcgov.com
• New South Transit Center including a Park-N-Ride lot
• Bus -only guideway between the South Transit Center and University Avenue
• Two-way conversion of N. Mason Street and Howes Street
• Shared Park-N-Ride lot at Troutman Parkway
• Shared Park-N-Ride lot at Horsetooth Road
• Shared Park-N-Ride lot at Swallow Road
• Shared Park-N-Ride lot at Drake Road
• Shared Park-N-Ride lot at University Mall
• Park-N-Ride lot at the existing Downtown Transit Center
• Downtown BRT stops at these street intersections: Laurel, Mulberry, Olive, and
Mountain
• Modifications to the Downtown Transit Center to accommodate BRT vehicles
• Expansion of existing Transfort maintenance facility on Portner Road
• Extensive transit system station amenities and communications system
development
The Mason Corridor/MAX BRT system will use low -floor, rubber -tire, 60' articulated transit
vehicles. The BRT vehicles would be clearly differentiated from conventional buses and the
stations/stops will be designed to emulate light rail stations.
The Mason Corridor/MAX BRT project is funded through several sources. The non-federal
sources include the CDOT State Transit Funding Program Senate Bill (SB) 97-1 Transit Funds,
the Downtown Development Authority (DDA), and local funding from the City of Fort Collins.
The primary Federal funding for the Mason Corridor/MAX BRT Project is Section 5309 New
Starts/Small Starts Funds.
B. Project Requirements
1. The selected consultant or consultant team will be expected to work on a full time
basis from the City Engineering Department office.
2. The selected consultant or consultant team will be required to be separate and
independent from the final engineering design consultant team or construction
contractor team.
3. The selected consultant project manager must be a registered Professional Engineer
in the State of Colorado.
4. The project manager must have a minimum of 10 years of capital improvement
project management experience working with or for a governmental agency,
including direct experience managing federally funded capital projects such as
Federal Transit Administration New Starts/Small Starts projects and/or Federal
Highway Administration projects.
5. The project manager must have a minimum of 5 years of experience with right-of-
way acquisition under Uniform Relocation Act requirements.
6. The project manager must have a minimum of 10 years of project delivery
experience using design/build or alternative delivery models.
7. The project manager must have a minimum of 10 years of construction
administration experience.
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8. The project management consultant or team must have experience with complex
urban retrofit projects including railroads, utilities, and road and bridge construction.
The consultant shall also demonstrate experience working with ditch companies and
various private utility providers within public right-of-way. This may include
telecommunications, fiber optics, natural gas, electric power, water, sewer, steam,
condensate and chilled water utilities.
9. The project management consultant or team must have demonstrated experience
managing vertical building projects and collaborating with architect teams.
10. The project manager or consultant team must have experience with project
management/document management systems based on local, state, and federal
practices and policies.
11. The project manager or consultant team must have experience managing multiple
budget sources on multi -million dollar projects.
12. The project management team must be experienced with scheduling tools utilizing
standardized method of scheduling and task assignment as used by the City, CDOT,
and FTA.
13. The project management team must have experience working inside railroad rights -
of -way and with railroad companies, Federal Railroad Administration, and Colorado
Public Utilities Commission.
14. The project manager or team must have experience with Federal Transit
Administration and/or Colorado Department of Transportation/Federal Highway
Administration capital projects including all procedural requirements, regulations,
guidelines, and project reporting requirements.
15. The project management team must have experience with cost estimating related to
complex urban corridor and building projects. This experience should extend to
labor, material and production schedules to certify construction contractor estimates.
The project management team must be experienced with construction price trends
that affect urban infrastructure projects.
16. It is highly desirable for the project manager or consultant team to have relationships
with local organizations and authorities including Colorado State University,
Downtown Development Authority, and other community stakeholders.
17. It is highly desirable for the project manager or consultant team to have established
relationships working with the City of Fort Collins and/or Colorado Department of
Transportation and/or the Federal Transit Administration
18. It is highly desirable for the consultant team to have experience with the City of Fort
Collins development review and approval process.
19. It is highly desirable for the consultant project manager to have experience with the
City of Fort Collins standard General Conditions of the construction contract and
have demonstrated experience managing projects using these conditions.
20. It is highly desirable for the consultant project manager to have experience with local,
state, and federal governmental procurement rules, process and limitations.
21. The consultant team must follow the City of Fort Collins Capital Projects Manual.
0
C. Project Schedule Update
The overall Mason Corridor project sphedule calls for final design to be completed by the end of
2010 and construction commencing in the Spring of 2011. All right-of-way acquisition is to be
completed prior to construction advertisement. Construction is planned to be completed and
BRT service is scheduled to be operational by the end of 2012. (See Project Management Plan
for more detailed schedule).
• Pre -proposal meeting: July 8 at 3:00pm
• Proposals due: July 16 at 3:00 pm
• Short listed firms notified: July 20
• Interviews with selected firms: July 23 at 1:00pm
lll. Instructions to Consultants
A. Submittal Requirements
Qualified consultants interested in performing the work described in this request for proposal
should submit the following information to the City:
1. Qualifications of your firm/staff or team proposed to perform the work on this project.
This should include resumes and any recommendation/commendation letters
received for past projects.
2.. Provide a profile listing of similar projects completed in the past 5 years. Highlight
project management roles/responsibilities and personnel assigned to the Mason
Corridor/MAX BRT project. Include tasks completed as noted in the Project
Requirements section above.
3. Describe how your firm would assist the City with this project and what unique traits
your project manager or team brings to the project.
4. References from at least three other projects with similar requirements that have
been completed within the past five years and that have involved the staff proposed
to work on this project. As part of the reference check process, the City may choose
to visit one or more of the listed projects and/or request a copy of the plans and
documentation completed.
5. Detail experience your firm or team has with design/build delivery models and formal
partnering processes. Highlight any other innovative delivery methods used on other
projects that may be applicable to this project.
6. Detail experience your firm or team has working on projects where public/private
partnerships have been a key to success.
7. Provide examples of vertical building projects managed by your proposed team
during the past 5 years.
7
8. Detail any specific experience your firm or team has with Federal Transit
Administration and/or Federal Highway Administration projects.
9. Detail any specific experience your firm or team has with the BNSF Railway
Company, Federal Railroad Administration, and Colorado Public Utilities
Commission.
10. Limit the total length of your proposal to a maximum of 50 pages (excluding covers
and dividers). The Director of Purchasing and Risk Management may reject
proposals received that are longer than 50 pages in length.
11. Submit a total of eight 8 copies of your proposal.
12. Return a signed certification regarding lobbying.
B. Additional Information
• Consultants should include their costing methodology for their services. The City
has used the Denver Boulder CPI yearly increase in hourly rates on other
contracts.
• Mr. Lonny Blaydes is under contract for BNSF negotiations.
• Construction Quality Assurance services will be contracted out separately in the
future.
• The City will take the lead on the vehicle procurement process. The Project
Management Team will need to be familiar with the vehicle requirements as it
relates to the various design elements of the project as well as scheduling
concerns.
• The Project Management Team Overall will be required to have overall
involvement in events/outreach opportunities.
• The City encourages participation of all firms and the usage of DBE and SBE
firms as sub -consultants or prime consultants. However, there is not a set goal
for participation.
• The Project Management Team will have a variety of reporting requirements
including daily, weekly, monthly and quarterly communications with various
individual, committees and outside agencies. There is an established monthly
reporting requirement for FTA that would be a responsibility of the Project
Management Plan. The Project Management Team would report directly to Mark
Jackson, Transportation Group Director for the City of Fort Collins.
• The Project Management team has responsibility for the coordination and
assurance of completion of the Project with the help of City Staff and the future
design team.
0
C. Contacts
Questions related to procurement procedures
should be directed to:
James B. O'Neill, CPPO, FNIGP
Director of Purchasing and Risk Management
City of Fort Collins
215 North Mason Street- 2"d Floor
Fort Collins, CO 80524
(970) 221-6775
joneill(aD-fcgov.com
IV. Selection Criteria and Method
A. Review and Assessment
Questions related to the scope of work
should be directed to:
Helen Migchelbrink, City Engineer
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
(970) 221-6340
Hmigchelbrink@fcgov.com
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
2.0
Scope of
Does the proposal show an understanding of the project
Proposal
objective, methodology to be used and results that are desired
from the project?
3.0
Do the persons who will be working on the project have the.
Assigned
necessary skills? Are sufficient people of the requisite skills
Personnel
assigned to the project?
Can the work be completed in the necessary time? Can the
2.0
Availability
target start and completion dates be met? 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?
Is the firm interested and are they capable of doing the work in
Motivation
the required time frame?
1.0
Does the firm have the support capabilities the assigned
2.0
Firm Capability
personnel require? Has the firm done previous projects of this
type and scope?
G,
Reference evaluation (Top Ranked Firm)
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 Professional 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 Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
V. Terms and Conditions
The payment for services, as described under the Scope of Services, shall be negotiated with
the selected consultant. Any changes in scope to the original contract will be treated as a
negotiated change order to the contract.
10
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 , 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
11