HomeMy WebLinkAboutRFP - 7173 BUILDING COMMISSIONING ANNUAL FEDERALCity of
Fort Collins
�"'Purchasinj"--
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Financial Services
Purchasing Division
215 N. Mason St. 2"' Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. com/purchasing
Description of RFP 7173: Building Commissioning Annual Federal
OPENING DATE: 3:00 (Our Clock) September 14, 2010
To all prospective bidders under the specifications and contract documents described
above, the following changes are hereby made.
CHANGE:
QUALIFICATION AND SUBMISSION REQUIREMENTS
Remove item numbers 8 and 9. Do not include any costs in your response.
Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777
with any questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM
HAS BEEN RECEIVED.
where renewal is a way of life
City
Financial Services
of
Purchasing Division
215 N. Mason St. 2"dFloor
F6rt
Collins
PO Box 580
Fort Collins, CO 80522
970.221.6775
P ry
970.221.6707
fcgov.com/Purchasing
REQUEST FOR PROPOSAL
7173 Building Commissioning Annual Federal
The City of Fort Collins is requesting proposals from qualified consultants to provide Building
Commissioning Services annually, as requested, on a per project basis. This RFP maybe used
for federal and non-federal funded projects.
Proposals may be submitted by E-mail. E-mail submittal shall be e-mailed to:
jstephen(a-).fcgov.com. Please send a separate e-mail to confirm that your proposal was
received. 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. Proposals will be
received before 3:00 p.m. (our clock), September 14, 2010. Proposal No.7173. 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 Steve Seefeld, CCCA,
Operations Services, Facilities Project Manager, 970-221-6227 or sseefeld(a)fcgov.com.
Questions regarding proposals submittal or process should be directed to John Stephen, CPPO,
LEED AP, Senior Buyer, 970-221-6777 or jstephen(c�fcgov.com.
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., 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
where renewal is a way of life
2
Request for Proposal
7173 Building Commissioning Annual Federal
The City of Fort Collins is requesting proposals from qualified consultants to provide Building
Commissioning Services annually, as requested, on a per project basis. The building
commissioning services may be provided during the design, construction, acceptance and
warranty phases of a project and the work will be initiated by work orders. A copy of the City's
standard Work Order Services Agreement is attached along with a sample work order form. The
agreement will be effective for a period of one year from the date on the Services Agreement, and
will be renewable for four (4) additional one-year terms at the option of the City. Prices shall
remain the same for the first renewal term. A price increase may be negotiated for subsequent
renewals and increases shall use the Denver -Boulder CPI index as a guide.
The new RFP is to include the Federal Requirements for work funded by Federal agencies.
ANTICIPATION OF TECHNICAL APPROACH TO COMMISSIONING
Building commissioning is a comprehensive and systematic process to verify that the systems of
a new construction perform as designed to meet the owner's requirements. The approach to
commissioning is to form a cooperative commissioning team involving the owner, design team
and general contractor and appropriate sub -contractors to design and deliver effective, efficient,
high performance buildings. Commissioning is a structured process to verify and document that
applicable building systems meet the design intent and owner's operational requirements.
The commissioning agent is involved in design reviews, construction documents review, design
intent and basis of design documentation and a variety of functional testing tasks and
performance verification. A common objective of all these activities is to identify and resolve
operational and performance issues at the earliest possible time, because to do so saves time
and money.
Design and construction document reviews identify and resolve construction, operation and
maintenance issues before they can become physical mechanical problems. Construction
observation and pre -functional inspection checklists formalize the start-up process, ensuring
that equipment or systems are ready for acceptance testing. Functional performance testing
becomes a management tool for the owner to fully understand the "completion stage" of a
facility construction process and associated acceptance and payment procedures.
Short-term monitoring and logging shall ensure that the installed system equipment performs
optimally, and that the functional performance testing process did not miss identifying operation
performance problems.
As a formal process, commissioning identifies and resolves operational and performance
problems during the design, construction, equipment start-up and acceptance phases of a
project. Another benefit of a formal commissioning process is the active participation of the
buildings operation and maintenance (O&M) staff in the commissioning procedures.. The O&M
staff's participation in the commissioning activities support their efforts to operate and maintain
the commissioned systems at peak performance.
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COMMISSIONING STATEMENT OF WORK
The building commissioning services shall be provided during the design, construction,
acceptance and warranty phases of the project as described below. These services shall be
undertaken in cooperation with and in coordination with the building owner, the architectural and
engineering design team, the general contractor, the involved subcontractors, various
equipment suppliers and the building operation and maintenance staff. Building systems that
may be commissioned include, but are not limited to, all mechanical systems, plumbing
systems, HVAC, fans, motors, pumps, electrical systems, lighting, and building envelope.
QUALIFICATION AND SUBMISSION REQUIREMENTS
Only firms that have the requisite experience and qualifications are encouraged to submit
proposals. Firms shall submit, at minimum, the following information:
1. Company history and experience in providing commissioning services as described in
this RFP.
2. State your firm's commitment to, and experience with, integrated, high-performance
buildings and sustainable design. List six (6) projects completed within the past 3 years
and the scope of your commissioning services.
3. Provide information, including credentials, of persons with your firm who we may
anticipate working with to provide commissioning services.
4. Describe any unique capabilities/experience your proposed key staff will bring to the
commissioning effort.
5. Describe your firm's experience with the US Green Building Council's LEEDTm Green
Building Rating System.
6. Provide references from three or more organizations or municipalities, which have used
your firm for "similar services" within the past five years.
Submit the following information relative to each reference listed:
a. Name and address of referenced user or client.
b. Name, title and telephone number of contact person for referenced user or client.
c. A description of services provided for the referenced user or client.
d. Dates/time-frame in which services were provided for the referenced user or client.
7. The City of Fort Collins operates Johnson Controls Metasys (EMCS) energy
management controls system. Describe your firm's experience with this specific
operating system.
8. Please provide a list of professional and para-professional hourly rates for
employees and list reimbursable expenses including mark-ups.
9. Provide a mock detailed estimate to complete the full range of commissioning services,
as described in the RFP, from early design phase through warranty phase and close-
out, for a proposed typical 3 story office building, including high efficiency packaged
RTU'S with remote management controls, energy efficient controlled lighting, integrated
day lighting, and an energy efficient building envelope. The building would have a
proposed overall construction budget of 10.51VI to 12M dollars.
SCHEDULE
RFP Due September 14, 2010
Short List Week of September 21, 2010
Interviews Week of September 27, 2010
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DESIGN PHASE COMMISSIONING ACTIVITIES
The Professional shall consider all aspects of the design from the owner's (building operation
and maintenance staff) perspective. The Professional, in cooperation with the design team, will
undertake the following activities:
Design review of construction documents
a. Design review at 50% design development
The 50% design development review seeks to identify building system design issues
and potential operation and maintenance issues that should be addressed during the
design development phase of the project. At this point in the design phase, the
building system designs are being defined and many decisions crucial to overall
building performance, operation and maintenance are being made. This review is
designed to adequately determine whether the targeted building systems are likely to
meet the design goals.
b. Design review at 65% construction documents
The 65% construction documents review is undertaken to ensure that each building
system to be commissioned can be commissioned, and that these systems will to
meet the design goals, the customer's needs, operational and maintenance
requirements, and various equipment and system controls criteria.
c. Design review at 95% construction documents
This review focuses on determining if the construction documents and related
contract documents contain sufficient detail and are adequately specified to fully
define the operational requirements of the project. The 95% construction document
review is undertaken to ensure that the design achieves the major goals relative to
functionality, energy performance, maintainability and indoor environmental quality.
2. Develop commissioning specifications
In cooperation with the design team, the professional shall prepare and incorporate
commissioning specifications into the construction documents. The commissioning
specifications describe the scope and requirements for commissioning, as well as the
roles and responsibilities of the general contractor, installing subcontractors, owner
personnel and the commissioning agent.
3. Prepare preliminary Commissioning Plan and Schedule
The Commissioning Plan describes the implementation of the commissioning process
and provides a framework for integration of commissioning activities into the construction
and acceptance process. The Commissioning Plan also provides an agenda for
organizing and focusing the commissioning scoping meeting. The Commissioning Plan
expands to incorporate more information as the design, construction and start-up phases
of the facility are completed. The Commissioning Plan will be updated during the
construction and warranty phases.
stdwopsa rev 03/10
The commissioning schedule will be generated by the professional and will include all
project milestones and commissioning milestones. The schedule will clearly indicate the
order of events that are required for proper execution of the commissioning process.
CONSTRUCTION PHASE COMMISSIONING ACTIVITIES
Conduct commissioning scoping meeting
The scoping meeting brings together all members of the design and construction team
that will be involved in the commissioning process. Each building system to be
commissioned is addressed, including its intended operation, commissioning
requirements plus completion and start-up schedules. During the scoping meeting, all
parties agree on the scope of work, tasks, schedules, deliverables and responsibilities
for implementation of the Commissioning Plan.
2. Review submittals
Submittals are reviewed prior to construction. The scope includes all submittals related
to equipment and systems to be commissioned. The submittals are reviewed for
compliance with construction documents and the design goals. Temperature control
submittals are carefully reviewed to ensure that all information is provided for a fully
functional and efficient system.
3. Create pre -functional inspection checklists and functional performance test plans
Pre -Functional Inspection Checklists are developed for all major equipment and systems
being commissioned. The checklists capture equipment nameplate and characteristics
data and confirm the as -built status of the equipment or system. The checklists include
equipment start-up requirements, either from the manufacturer or installing
subcontractor.
4. Create functional performance test plans
Functional performance plans are written to ensure that all systems are run through the
complete sequence of operation. The functional testing plans are reviewed by the
design team, owner and installing subcontractor(s) before they are implemented in the
Acceptance Phase.
5. Verify pre -functional inspection checklists
The pre -functional inspection checklists, completed by the installing subcontractors, are
verified for completeness and accuracy. The verification step is one of several
prerequisites to the start of functional performance testing during the acceptance phase.
6. Conduct construction observation
On -site observations are conducted to verify compliance with manufacturer's installation
and start-up instructions and recommendations, compliance with the design intent and
meeting the requirements for efficient operation and maintenance. Testing, adjusting
and balancing (TAB) observation will verify TAB methods and procedures on both
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airside and waterside systems. Commissioning will also include verification of the TAB
as a prerequisite to substantial completion. The verification procedure will spot check air
and water flow rates at locations selected by the commissioning engineer. Regularly
scheduled meetings are held for site coordination, reporting on construction and
commissioning progress and resolution of any identified issues or deficiencies.
Construction observation activities will be coordinated with the owner's operation and
maintenance staff to facilitate their participation in the commissioning process and
familiarize them with the building systems that they ultimately will be required to operate
and maintain.
7. Witness equipment startup
Equipment start-up should always be performed by the manufacturer's representative,
but also requires the attendance of the appropriate mechanical engineer and
commissioning agent to verify that proper startup procedure has occurred and the
equipment is operating per the specification requirements.
ACCEPTANCE PHASE COMMISSIONING ACTIVITIES
Complete functional performance testing
Under the supervision of the professional commissioning staff, the installing
contractor/subcontractor performs the hardware and/or software manipulations called for
in the function performance test plan. The building owner's operation and maintenance
staff should also be present in order to witness and/or assist in system manipulations
and observations. The professional commissioning staff directs, witnesses and records
the results of functional performance testing. Testing occurs on all systems being
commissioned.
2. Document deficiencies
All deficiencies identified during the function performance test and other verification
testing activities are documented and reported to the owner, the general contractor, and
the installing subcontractor. The deficiency report includes all details of the components
or systems found to be non -compliant with the parameters of the test plans and contract
documents. The report details the adjustments or alterations required for correcting the
system operation, and identifies the responsible party.
3. Review operation & maintenance manuals and training programs
The Operation and Maintenance (O&M) manuals are reviewed for completeness,
usefulness and for adherence to the requirements of the specifications. The contracting
team is responsible for providing training in their specific areas. The Professional will
help to organize and facilitate the training schedule with both the building owner's
operation and maintenance staff and the contracting team. The agenda for staff training
programs is reviewed. Materials may be added, or requested from the subcontractors,
to stress and enhance the importance of system interactions, troubleshooting and long-
term preventative maintenance and operation. Training sessions for commissioned
systems will be attended and videotaped by the commissioning engineer, with careful
coordination with the building's operation and maintenance staff.
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4. Complete commissionina report and LEED documentation
A final Commissioning Report is compiled which summarizes all of the tasks, findings
and documentation of the commissioning process. The report addresses the actual
performance of the building systems in reference to the design intent and construction
documents. Documentation of Warranty Phase commissioning activities is added to the
report after the warranty period is complete.
The Commissioning Report includes:
• An evaluation of the operating condition of the systems at the time of functional test
completion
• Deficiencies that were discovered and the measures taken to correct them
• Functional test procedures and results
• Reports that document all commissioning field activities as they progressed, and a
description and estimated schedule of required deferred testing
• LEED Documentation: Documentation will address and certify the LEED section on
"Energy and Atmosphere" Pre -requisite 1.0 titled "Fundamental Building Systems
Commissioning" and the LEED Credit 3 titled "Additional Commissioning"
• Re -commissioning management manual (if LEED Additional Commissioning Credit 3
is desired)
WARRANTY PHASE COMMISSIONING ACTIVITIES
The Warranty Phase activities will be coordinated with the building owner's operation and
maintenance staff to facilitate their participation in the commissioning process, and to provide a
more robust understanding of the operation and performance of the commissioned building
systems.
Review as -built documentation
The as -built documentation is reviewed to verify consistency with field conditions. The
as -built documentation includes control schematics and sequences of operation.
2. Complete seasonal testing (LEED Additional Credit)
Seasonal variation in operations or control strategies may require additional testing
during the opposite season to verify performance of the HVAC system and controls.
During the warranty period, seasonal testing and other deferred testing is completed as
required to fully test all sequences of operation.
3. Complete end -of -warranty review (LEED Additional Credit)
At the end of the warranty period, the professional will conduct a review of system
operation, including interviews with building occupants and the operation and
maintenance staff.
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USGBC — LEED ACREDITATION
Sustainable Design
The City of Fort Collins goal is that each new construction project will be designed using
the U. S. Green Building Council's (USGBC) LEED [tm] Green Building Rating System for
new construction and major renovations to earn at least a "gold" level certification. The
commissioning professional shall perform all services with the intent of achieving this
standard.
ANTICIPATION OF DELIVERABLES:
Design Phase
• 50% Design Development Phase Design Review
• 65% Construction Documents Design Review
• Commissioning Specifications
• Preliminary Commissioning Plan with Schedule
• 95% Construction Documents Design Review
Construction Phase
• Commissioning Scoping Meeting Minutes
• Submittal Review Reports, as appropriate
• Pre -functional Checklists for all equipment and systems to be commissioned
• Construction Observation Reports
• Deficiency Reports
Acceptance Phase
• Functional Performance Testing Reports
• Deficiency Reports
• Operation and Maintenance Review
• Operation and Maintenance training agenda reviews
• Preventive Maintenance Database
• Commissioning Report
• LEED Commissioning Certification Documents
Warranty Phase
As -built Documentation Review Report
Seasonal Testing Reports
End of Warranty Period Review
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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
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
Can the work be completed in the necessary time?
Can the 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?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
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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?
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PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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
WITNESSETH:
, hereinafter referred to as "Professional".
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 any project Work Orders for 7173 Building Commissioning Annual Federal, issued by the
City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of
( ) pages and is incorporated herein by this reference. The City reserves the right to
independently bid any project rather than issuing a Work Order to the Professional for the same
pursuant to this Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. [Option 1] This Agreement shall commence 20
and shall continue in full force and effect until , 20 , 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 ( ) 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
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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.
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 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 address:
Professional:
City:
With Copy to:
City of Fort Collins
City of Fort Collins
Attn:
Attn: Purchasing
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.
6. Desian, Proiect Insurance and Insurance Resbonsibility. 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 attorney's 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
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7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of ( ) page(s), attached hereto and incorporated
herein by this reference. At the election of the City, each Work Order may contain a maximum
fee, which shall be negotiated by the parties hereto for each such Work Order. 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 to the Work Order and upon
approval of the Professional's direct reimbursable expenses. 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.
8. 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.
9. Project Drawings. 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 owner in and
AutoCAD version no older then the established city standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
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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.
11. 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.
12. 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.
13. 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. 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.
15. 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
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shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. 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.
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., 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
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.
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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 8-17.5-102, 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.
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.
19. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of ( )
page(s), attached hereto and incorporated herein by this reference.
15
stdwopsa rev 03/10
THE CITY OF FORT COLLINS, COLORADO
In
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 Secretary
(Corporate Seal)
stdwopsa rev 03/10
16
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
User Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional Services
Agreement between the parties. In the event of a
conflict between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the
Professional Services Agreement shall control.
The attached forms consisting of (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Professional
By:
Date:
City of Fort Collins
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
17
stdwopsa rev 03/10
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. ENERGY CONSERVATION REQUIREMENTS................................................................................ 2
2. FEDERAL CHANGES....................................................................................................................... 2
3. NO GOVERNMENT OBLIGATION TO THIRD PARTIES................................................................. 2
4. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS................................................................................................................................................. 2
5. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)...................... 3
6. CIVIL RIGHTS REQUIREMENTS..................................................................................................... 4
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)..................................................................... 5
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............................ 6
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. 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.
3. 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.
4. 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 seq. 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 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
2
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.
5. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
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 Lanquage
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.
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
3
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.
6. 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 sec.., (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
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
11
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.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49
CFR 26.53. Award of this contract is conditioned on submission of the following
[concurrent with and accompanying sealed bid] [concurrent with and
accompanying an initial proposal] [prior to award]:
1. The names and addresses of DBE firms that will participate in this
contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror's commitment to use a
DBE subcontractor whose participation it submits to meet the contract
goal;
5. Written confirmation from the DBE that it is participating in the
contract as provided in the prime contractor's commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerors] must present the information required above [as a matter of
responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR
26.53(3)).
The successful bidder/offeror will be required to report its DBE participation obtained
through race -neutral means throughout the period of performance.
b. 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 City of Fort Collins
and contractor's receipt of the partial retainage payment related to the
subcontractor's work.]
c. The contractor must promptly notify 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 City of Fort Collins.
5
8. 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.
2