HomeMy WebLinkAboutRFP - 7291 GEOTECHNICAL TESTING SERVICESC'}"
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Fort
Purchasing Division
Floor215 N. Mason St. 2
Collins
PO Box 580
Fort Collins, CO 80522
970.221.6775
Purchasin
970.221.670'
lcgo v. com/purchasing
REQUEST FOR PROPOSAL
7291 GEOTECHNICAL TESTING SERVICE
The City of Fort Collins is requesting proposals from qualified firms to provide
geotechnical testing services.
Proposals may be submitted by E-mail. E-mail submittal shall be e-mailed to:
ister)hen(a)fcpov.com. Please send a separate e-mail to confirm that your proposal was
received. If sending written proposals, five (5) copies, 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), November 7, 2011
and referenced as Proposal No. 7291. 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.
The City has an overall DBE goal of 9.9%. There is no specific contract goal for this
project but the City encourages proposals from and the use of DBE firms in this project.
Questions concerning the scope of the project should be directed to Project Manager,
Erika Keeton, Special Projects Engineer, at (970) 221-6521 or ekeetonOfcoov.com.
Questions regarding bid submittal or process should be directed to John Stephen,
CPPO, LEED AP, Senior Buyer, at (970) 221-6777 or fstephenc@fcoov.com.
A copy of the Proposal may be obtained as follows:
Download the Proposal/Bid from the BuySpeed Webpage,
www.fcciov.com/eprocurement
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
STD SA WO rev03/10
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 hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties
for services for . The conditions set forth herein shall apply to all services performed by
the Service Provider on behalf of the City and particularly described in Work Orders agreed
upon in writing by the parties from time to time. Such Work Orders, a sample of which is
attached hereto as Exhibit "A", consisting of ( )page(s) and incorporated herein by
this reference, shall include a description of the services to be performed, the location and time
for performance, the amount of payment, any materials to be supplied by the City and any other
special circumstances relating to the performance of services. No work order shall exceed
$- . The only services authorized under this agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work requests
may be issued. Oral requests for emergency actions will be confirmed by issuance of a written
Work Order within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
STD SA WO rev03/10 10
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period {Option 11 This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the city, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the professional mailed no later than 90 days prior to contract
end.
4. Contract Period. (Option 2] 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 ( ) 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 Service Provider and mailed no later
than 90 days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
STD SA WO rev03/10 11
I
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be mailed 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:
City Service Provider
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for
services rendered to the termination date, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
STD SA WO rev03/10 12
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B",
consisting of two (2) page[s], and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the City and upon the
Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and
materials, and other costs incurred in connection with the performance of such work.
9. Liouidated Damaaes. OWNER and CONTRCTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
12. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
STD SA WO rev03/10 13
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights under the
Agreement or of any cause of action arising out of the performance of this Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed
with the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to
City.
15. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
STD SA WO rev03/10 14
16. 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.
17. 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 representative, successors and assigns of said parties.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit "D",
consisting of ( ) page[s], attached hereto and incorporated herein by this reference.
STD SA WO rev03/10 15
The Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of
a certificate evidencing the insurance coverage required from an insurance company acceptable
to the city.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20.. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. 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.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the "e-Verify Program") or the Department
Program (the "Department Program"), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this
Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
STD SA WO rev03/10 2
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual
and consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
22. 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
( ) page[s], attached hereto and incorporated herein by this reference.
STD SA WO rev03/10
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[INSERT CORPORATIONS NAME] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [Insert name of business]
By:
Print Name
Title
Corporate President or Vice President
Date:
ATTEST
(Corporate Seal)
Corporate Secretary
STD SA WO rev03/10 4
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:
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 _ (J
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
User Acceptance
City of Fort Collins
By:
Date:
By:
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
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
STD SA WO rev03/10 2
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims'arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider
shall maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required
by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each
employee.
B. Commercial General & Vehicle Liability. The Service Provider shall
maintain during the life of this Agreement such commercial general liability and
automobile liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property
damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form"
basis. The amount of insurance for each coverage, Commercial General and
Vehicle, shall not be less than $500,000 combined single limits for bodily injury
and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES..............................................................15
2.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ....15
3.
ACCESS TO RECORDS AND REPORTS.....................................................................................15
4.
FEDERAL CHANGES...................................................................................................................16
5.
TERMINATION..............................................................................................................................17
6.
CIVIL RIGHTS REQUIREMENTS..................................................................................................18
7.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)..................................................................19
8.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ..........................20
9.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)....................20
10.
BUY AMERICA..............................................................................................................................21
11.
BREACHES AND DISPUTE RESOLUTION..................................................................................24
12.
LOBBYING....................................................................................................................................24
13.
CLEAN AIR...................................................................................................................................
26
14.
CLEAN WATER REQUIREMENTS...............................................................................................26
15.
CARGO PREFERENCE REQUIREMENTS...................................................................................26
16.
ENERGY CONSERVATION REQUIREMENTS.............................................................................27
17.
RECYCLED PRODUCTS..............................................................................................................27
18.
ADA Access.................................................................................................................................27
19.
CITY OF FORT COLLINS BID PROTEST PROCEDURES...........................................................27
0
1. 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.
2. 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 seg. 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 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.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. 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
15
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.
B. 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.
C. 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).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey
Construction
Architectural
Engineering
Acquisition
of Rolling
Stock
Professional Services
I State Grantees
None
Those
None
None
None
None
a. Contracts below SAT
imposed on
($100,000)
state pass
None
thru to
Yes, if non-
None unless
None unless
None unless non-
b. Contracts above
unless'
Contractor
competitive
non-
non-
competitive award
$100,000/Capital
non-
award or if
competitive
competitive
Projects
competitive
funded thrU2
award
award
award
5307/5309/5
311
II Non State Grantees
Those
a. Contracts below SAT
Yes3
imposed on
Yes
Yes
Yes
Yes
($100,000)
non -state
b. Contracts above
Yes3
Grantee pass
Yes
Yes
Yes
Yes
$100,000/Capital
thru to
Projects
Contractor
Sources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 ' 18 CFR 18.36 (i)
4. 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
16
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.
5. TERMINATION
a. Termination for Convenience (General Provision) The City may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the City to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City, the Contractor will account for the same, and
dispose of it in the manner the City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is
for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City may terminate this
contract for default. Termination shall be effected by serving a notice of termination on the
contractor setting forth the manner in which the Contractor is in default. The contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the City, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period of
time] in which to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of
written notice from the City setting forth the nature of said breach or default, the City shall have
the right to terminate the Contract without any further obligation to Contractor. Any such
termination for default shall not in any way operate to preclude the City from also pursuing all
available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
e. Termination for Convenience or Default (Architect and Engineering) The City
may terminate this contract in whole or in part, for the Recipient's convenience.or because of
the failure of the Contractor to fulfill the contract obligations. The City shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective
date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately
discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the
Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other
17
information and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contact or otherwise and the Contractor shall be liable for any
additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
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 VI 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
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. 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 9.9%. 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 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)).
[Offeror] must present the information required above [with initial proposals] (see 49
CFR 26.53(3)).
(if no separate contract goal has been established, use the following) The
successful bidder/offeror will be required to report its DBE participation obtained through
race -neutral means throughout the period of performance.
d. 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.]
e. 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.
ILI
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.
9. 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 Lanquaqe
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.
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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 f 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. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification must
be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
21
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 53230)(2)(A), 5323(j)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
Certification requirement for procurement of buses, other rolling stock and associated
equipment
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 53236)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49
U.S.C. 53230)(2)(A), 5323(j)(2)(B), or 53230)(2)(D), and 49 CFR 661.7.
Date
Signature
Company Name
22
REQUEST FOR PROPOSAL
7291 GEOTECHNICAL TESTING SERVICE
SCOPE OF SERVICES
The City of Fort Collins has identified the following projects which may require geotechnical
services over the next two years: Shields Bridge Replacement Project, Laporte Bridge
Replacement Project, Downtown Conduit and Backbone Installation, and the Minor Bridge
Maintenance Program. In addition, the Development Inspectors may require geotechnical or
inspection services to help them resolve problems with private developments. The City Streets
Department also manages the annual street maintenance program and will require materials
testing related to this work. The following is a brief description of the estimated services needed.
The City spent approximately $303,284 in 2010 for services. The 2010 Street Maintenance
project, included a total of over 50,000 tons of asphalt placed, and over 40,000 lineal feet of
concrete curb gutter, and walk constructed. We expect similar quantities in the future. The
testing frequency will be as specified in the "Larimer County Urban Area Street Standards," per
the Colorado Department of Transportation's (CDOT) Field Materials Manual, or as directed by
the project manager. Some of the tests required for the Street Maintenance Project are asphalt
extraction and gradation, sampling aggregate at the asphalt plant and running a gradation, and
physical property and strength tests on concrete.
Some of the services required for the various projects are pavement designs, asphalt
extractions and gradations, sampling aggregate at the asphalt plant and borrow sources,
running gradation, physical property and strength tests on concrete, and soils tests such as
proctors and nuclear field density tests. The testing frequency will also be comparable to that of
the Larimer County Urban Area Street Standards.
The City of Fort Collins Utilities will also be using this contract for construction projects as well
as in-house work. Other City Departments will also use this contract. These projects will require
a variety of tests including the nuclear asphalt content test. The purpose of this test is to
provide us with a rapid turnaround of asphalt contents throughout the construction season. We
would expect a gauge to be available throughout the construction season. Due to the
anticipated change in oil and aggregate throughout the project, a price for a mix calibration for
the asphalt content gauge is included in this contract.
The above mentioned tests will be required on short notice, four to six hours for Concrete and
Asphalt tests and two to four hours for soils tests during weekdays (Monday -Friday). Often
response time may be within one to two hours. The City will give the Service Provider 24 hours
notice for any weekend testing (Saturday and Sunday). A field copy of the physical property
concrete tests will need to be left on site with the City representative at the time of the test. A
prompt verbal (phone) notice on all noncompliance tests will be required immediately after tests
are completed. All tests will be followed up with electronic and a hard copy of test results
including a comparison to the specifications for that particular project, indicating any test results
that are out of specification. As directed by the Project Manager, and on continuous projects,
out of specification tests shall be tracked until a passing test is achieved and documented as an
acceptable retest. All hard copies shall be submitted within 48 hours. All costs such as mileage,
labor, equipment, typing, reviewing, and report writing to be included in all unit prices.
In addition to the above mentioned testing and documentation, the consultant is to also be
familiar with and be capable of managing the Colorado Department of Transportation (CDOT)
STD SA WO rev03/10 3
Title
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11. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of City's
[title of employee]. This decision shall be final and conclusive unless within [ten (10)] days.from
the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the
[title of employee]. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the [title
of employee] shall be binding upon the Contractor and the Contractor shall abide be the
decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage
Remedies - Unless this contract provides otherwise, ail claims, counterclaims, disputes and
other matters in question between the City and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court
of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach thereunder, except as may be specifically agreed in
writing.
12. 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.
I
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.
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.
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[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
13. 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 sec . 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.
14. 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.
15. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use
privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying contract
to the extent such vessels are available at fair and reasonable rates for United States -Flag
commercial vessels; b. to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of
26
leading for shipments originating outside the United States, a legible copy of a rated, "on -board"
commercial ocean bill -of -lading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime
Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the
case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts
issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel.
16. 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.
17. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
18. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C.
Sections 12101 et segq. and DOT regulations, "Transportation Services for Individuals with
Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with
Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192
and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with
Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility
guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37.
DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that
buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix
A to 49 CFR Part 37.
19. CITY OF FORT COLLINS BID PROTEST PROCEDURES
Filing of Protest
1. When to File. Protest is submitted in writing and received by the Director of Purchasing and
Risk Management, 215 N. Mason Street, 2"d Floor, P. O. Box 580, Fort Collins, CO. 80522
within seven (7) working days after the aggrieved person knows or should have known of
the facts giving rise thereto. Protests based upon restrictive specifications or alleged
27
improprieties in any type of solicitation, which are apparent prior to bid opening or the
closing date for receipt of initial proposals, is filed no later than three (3) working days prior
to bid opening or the closing date for receipt of proposals.
2. Subject of Protest. Protestors may file a protest on any phase of solicitation or award,
including but not limited to specification or award.
3. Form. The protest must be in writing and include,.as a minimum, the following:
(a) The name and address of the protestor.
(b) Appropriate identification of the procurement by bid number.
(c) A statement of the reasons for the protest.
(d) Any available exhibits, evidence or documents substantiating the protest.
4. Decision. The Director of Purchasing and Risk Management makes a decision, in writing,
on a protest within seven (7) working days after receiving all relevant, requested
information. The decision of the Director of Purchasing and Risk Management is final.
5. Withholding of Award. When a protest has been filed before award, the City will not make
an award prior to the resolution of the protest, and when a protest has been filed before the
opening of bids, the City will not open bids prior to the resolution of the protest, unless the
City determines that:
(a) The items to be procured are urgently required.
(b) Delivery or performance will be unduly delayed by failure to make the award
promptly.
(c) Failure to make prompt award will otherwise cause undue harm to the City.
NOTE: Protests involving Federal Transit Administration (FTA) Funded Projects
• Vendors who protest an FTA funded purchase have an additional remedy if
their protest is denied by the City. They may also protest the award, (after
these administrative processes have been exhausted) directly to the Federal
Transit Administration.
• FTA will only entertain a protest that alleges the grantee failed to follow their
protest procedures and that such a protest must be filed in accordance with the
Circular; and
• Allowance for request for reconsideration (if data becomes available that was
not previously known, or there has been an error of law or regulation).
The City of Fort Collins will notify FTA of any protests received relating to FTA funded projects.
WI
Materials Documentation Record form #250, which will show estimated field requirements for
minimum sampling, testing, and inspection as well as a record of field and central laboratory
documentation of materials. Not only will results be an important aspect of this form, but also
updates on how many tests have been conducted. The consultant would also be required to
notify the City as to any specific tests that need to be performed with respect to the federal
requirements, as outlined in CDOT form #250, and per the current CDOT Field Materials
Manual.
The normal construction hours for the City of Fort Collins are from 7:00 a.m. to 6:00 p.m.
Monday thru Saturday. The cost of performing tests during the normal work hours should be
included in the unit price for each test. If there will be any overtime charges for work outside of
these hours, those circumstances must be addressed in your proposal. Please address in your
proposal how and when standby time is charged by your firm. The following is a list of time
allowed for some of the more frequently used testing services.
Time allowed for field test without standby time being charged:
Concrete Physical Property Tests
1 Hour per test
Nuclear Asphalt Densities
15 Minutes per test
Nuclear Soils Densities
15 Minutes per test
Asphalt Content Sample
30 Minutes per test
All field technicians shall meet the Larimer County Urban Area Street Standards for certification.
All personnel shall be qualified to perform the assigned tasks or they shall be replaced with
qualified personnel at the request of the City.
TERMS AND CONDITIONS
This is going to be an Indefinite Quantity Indefinite Delivery (IDIQ) task/work order contract. The
payment for services as described under the Scope of Services shall be based on the unit
prices and reimbursement rates for completed services identified in Exhibit B.
The Contract may and will be used by other City Departments. This is a work order contract
(IDIQ) and prior to work being performed, a work order must be generated and signed by the
Service Provider and a City Department Representative.
Service Provider t must report total dollar amount of services provided to the City of Fort Collins
to the City Representative every 3 months starting with the signing of the agreement.
USE OF SUBCONTRACTORS
The Service Provider shall indicate in their proposal any work intended to be performed by
subcontractors or persons outside of the firm. The Service Provider shall name the
subcontractors, if known at the time the proposal is submitted. If the names of subcontractors
are not presented in the proposal, the City reserves the right of approval or rejection.
RENEWABLE CONTRACT
This agreement is effective for one year from the date on the service agreement. 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
STD SA WO rev03/10 4
State Planning and Budget Office will be used as a guide. Written notice of renewal shall be
provided to the Service Provider and mailed no later than ninety (90) days prior to contract end.
FIRM CEILING PRICE
The firm ceiling price for year one will not exceed $450,000. This firm ceiling price may be
adjusted each year in the annual renewal process.
CONTRACT AWARD
Contract will be awarded on best value per the review and assessment criteria included in the
RFP.
STD SA WO rev03/10 5
EXHIBIT B
FEE SCHEDULE
NOTE: All prices shall include profit, overhead, labor, mileage, testing, sampling, reviewing, typing and
report writing as needed for each service. The above listed items indicate the most frequently used tests.
Please submit any other testing services (include pricing) that your Company provides.
ITEM NO. DESCRIPTION
UNIT
UNIT COST
SOILS
101
Atterberg Limits; Classification Liquid Limit,Plastic Limit,
Plasticity Index
Ea. Test
$
102
Hveem Stabilometer - "R" Value
Ea.
$
103
Proctor - Standard
Ea.
$
104
Proctor - Modified
Ea.
$
105
Proctor - One Point Check
Ea.
$
106
PH Determination
Ea.
$
107
Nuclear Field Density Test 3 or More Tests Per Trip
Ea. Test
$
108
Nuclear Field Density Test, Less Then 3 Tests Per Trip
Ea. Test
$
109
Sieve Analysis - (Plus #4 Material)
Ea. Test
$
110
Sieve Analysis - (Plus #4 Material)
Ea. Test
$
111
Sieve Analysis - (#4 to minus 200 Material)
Ea. Test
$
112
Organic Content for Top Soil
Ea. Test
$
113
Hydrometer Analysis
Ea. Test
$
CONCRETE
201
Concrete Cylinders (Including sampling in Field, Slump, Unit Weight,
Yield, Air Content, Temperature, Casting, Curing, Testing and Reporting)
Set of 4
$
202
Additional Cylinder
Per Cylinder
$
203
Compression Test (Cap, Cure and Break FOB Lab)
Ea. Test
$
204
Concrete Beams (Including Sampling
Set of 3
$
205
Additional Beam
Per Beam
$
206
Sand Equivalent (CP-30)
Ea. Test
$
ASPHALT
301 Sieve Analysis - (Plus #4 Material)
Ea. Test
$
302 Sieve Analysis - (Minus #4 Material)
Ea. Test
$
STD SA WO rev03/10
303
Specific Gravity and Absorption (Plus #4 Material)
Ea. Test
$
304
Specific Gravity and Absorption (Minus #4 Material)
Ea. Test
$
305
L.A. Abrasion Test
Ea. Test
$
306
Fractured Face Determination
Ea. Test
$
307
Flat and Elongated Particles
Ea. Test
$
308
Specific Gravity Maximum Theoretical for Air Voids (Rice)
Ea. Test
$
309
Lottman (TSR) Test
Ea. Test
$
310
Mix Design Bulk Unit Weight and Hveem Stability Verification
Ea. Test
$
311
Sand Equivalent
Ea. Test
$
312
Determination of Bitumen Content by Extraction, Gradation Analysis of
Extracted Aggregate (To be sampled by Consultant)
Ea. Sample
$
313
Determination of Bitumen Content by Extraction (To be Sampled by
Consultant)
Ea. Sample
$
314
Determination of Bitumen Content by Nuclear Gauge (To be Sampled by
Consultant)
Ea. Sample
$
315
Calibrate Nuclear Gauge(For a New Asphalt Mix) Calibration
Ea:
$
316
Nuclear Field Density Tests (3 or More Tests per Trip)
Ea. Test
$
317
Nuclear Field Density Tests (Less Than 3 Tests per Trip)
Ea. Test
$
318
Asphalt Plant Inspection
Per Hour
$
319
Core Field Samples
Per HourPer
$
Inch
$
HOURLY RATES
401
Principal Engineer and/or Geologist
Per Hour
$
402
Geotechnical Engineer/ Department Manager
Per Hour
$
403
Senior Field Technician
Per Hour
$
404
Field Technician
Per Hour
$
STD SA WO rev03/10
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 optional interview session. At discretion of the City,
interviews of top rated firms may be held.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
QUALIFICATION
STANDARD
FACTOR
Does the proposal show an understanding of the
2.0
Scope of Proposal
project objective, methodology to be used and
results that are desired from the project?
Do the persons who will be working on the project
2.0
Assigned Personnel
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
1.0
Availability
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as
required by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
Do the proposed cost and work hours compare
2.0
Cost and
favorably with the project Manager's estimate? Are
Work Hours
the work hours presented reasonable for the effort
required in each project task or phase?
Does the firm have the support capabilities the
2.0
Firm Capability
assigned personnel require? Has the firm done
previous projects of this type and scope?
STD SA WO rev03/10 8
REFERENCE EVALUATION (TOP RATED 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?
Was the Professional responsive to client needs; did
Completeness
the Professional anticipate problems? Were
problems solved quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
Job Knowledge
contract, was the project functional upon
completion and did it operate properly? Were
problems corrected quickly and effectively?
STD SA WO rev03/10