The URL can be used to link to this page

Home My WebLink AboutCORRESPONDENCE - RFP - 7359 HVAC CONTRACTOR 2012FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) Solicitation: 7359 HVAC 2012 TYPE OF PROCUREMENT Clause Professional Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties X All All All All All (by Use of a DisGaimer False Statements or Claims X All All All All All Civil and Criminal Fraud Access To Third Party X All All All All All Contract Records Changes to Federal X All All All All All Requirements Termination X All All All All All Civil Rights Title VI, EEO, ADA X >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business X All All All All All Enterprises DBEs Incorporation of (FTA) Terms X All All All All All Suspension and Debarment X >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100'000 Resolution of Disputes, Breaches, or Other Litigation >$100.000 >$100,000 >$100,000 >$100,000 >$100,000 Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference X All All All Fly America Involves foreign Involves foreign air g Involves foreign Involves foreign Involves foreign air X transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland AnI - X >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety >$2,500 (except Standards Act X transportation >$2,500 >$2,000 (including services ferry vessels) Bon _-A $100,000 Seismic S Seismic Safety -& E for New Buildings & New Buildings & Additions Transit Employee Protective Agreements Transit Operations Charter Bus All School Bus All Drug Use - Testing and Alcohol Misuse - Testing Transit Operations Patent Rights and Rights in Data Research 8 and Copyright Re uirements Development Energy Conservation X All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by X EPA, when EPA, when EPA, when procuring $10,000 procuring $10,000 procuring $10,000 or more per year or more per year or more per year Conformance With ITS National Architecture ITS Projects ITS Projects ITS Projects ITS Projects 1 ITS Projects 1 ADA Access A & E All All All All Bus Testing All Pre -Award And Post Delivery Audits All City Protest Procedures CONTRACT CHECKLIST FOR COMPETITIVE PROPOSALS RFP No./Title: 7359 HVAC Contractor 2012 File location: Bids\2012 Bids\7359 HVAC Contractor 2012 Checklist Item Comments 7) Independent Cost Estimate Yes The City made and documented an independent cost estimate before receipt of proposals. 9) Unreasonable Qualification No Requirements This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 10) Unnecessary Experience and Excessive Bonding No Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) No If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action No There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions No Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences no The solicitation contains no in -State or local geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation Contract term will The contract period of performance for rolling stock and replacement parts does not not exceed five exceed five (5) years inclusive of options without prior written FTA approval. For all other Years types of contracts, the procurement file contains evidence that the contract term is based on sound business jud ment. 16) Written Procurement Selection Procedures Yes The City has written selection procedures and the solicitation also identifies all requirements that offerors must fulfill and all other factors to be used in evaluating bids or proposals. 17) Solicitation Prequalification Criteria N/A The solicitation required prequalification of persons, firms, or products. The list is current includes enough qualified sources to ensure maximum full and open competition, and potential bidders are not precluded from qualifying during solicitation period from issuance of the solicitation to its closing date. If the solicitation does not contain a prequalification requirement, check NA. 18) Award to Responsible Contractor Yes The City made a determination that it was awarding to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 1. Appropriate Financial, equipment, facility and personnel. Y/N 2. Ability to meet delivery schedule. (Y/N) 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement Yes This contract is a sound and complete agreement. In addition, it includes remedies for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification Yes A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 25) Two Bidders Four responses Two or more responsible bidders were willing and able to compete effectively for the were received business. 26) Firm Fixed Price No A firm fixed price contract was appropriate for this procurement. 29) Advertising Yes The Invitation for Bids was publically advertised. 30) Adequate Number of Sources Solicited Yes Bids were solicited from an adequate number of known suppliers. 36) Evaluation Yes A method is in place for conducting technical evaluations of the proposals received and the solicitation has evaluation factors identified along with their relative importance. 37) Price and Other Factors Yes For this procurement, award was made to the responsible firm whose proposal is most advantageous to thegrantee's Program with price and other factors considered. 40) Evaluation of Options N/A The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 41) Cost or Price Analysis Yes Either a cost analysis or a price analysis was performed and documented. The price was determined to be fair and reasonable. 42) Written Record of Procurement History Yes The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and (4) the basis for the contract price. 43) Exercise of Options N/A The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes N/A The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions No The contractor did not receive an advance payment utilizing FTA funds and the contract does not contain advance payment provisions or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions N/A The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts Yes - the contract This is a time and materials contract; the grantee determined that no other type of is for HVAC service contract is suitable; and the contract specifies a ceiling price. work as needed. 48) Cost Plus Percentage of Cost No This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions N/A This contract contains liquidated damages provisions and the assessment for damages is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking N/A 1) The file contains: Assignability provisions. 2 The procurement file contains: Price reasonableness determination. 56) Clauses Yes This contract contains the appropriate FTA required clauses. Exclude Parties Search Yes - See ICE, EPS run and include in the file Price Analysis form Independent Cost Estimate for 7359 HVAC Contractor 2012 RFP Pricing obtained from current HVAC contract which has been in force for five years. Hourly rates: 2007 2008 2009 2010 2011 Journeyman $74.00 $76.59 Apprentice $58.00 $60.03 Rates were increased in 2008 per the Denver/Boulder CPI(U). No increases were offered nor requested 2009 through 2011. Based on the current Denver/Boulder CPI (U) database for 2009 - 2011, the local area cost of living has increased by about 5.2%. Applying that percentage to the current rate: Journeyman $80.57 Apprentice $63.15 Price Analysis Written evaluation scores: criteria included assigned personnel, firm availability & capability, and cost, among others. CMS Mech. 148 $80.00/hour $70.00/hour High Plains Mech. 159 $79.50/hour $56.00/hour Johnson Controls 118 $89.00/hour $60.00/hour Siemens 108 $105.00/hour $85.00/hour Selected vendors were: CMS Mechanical and High Plains Mechanical. In comparison to the other vendor prices and our own cost estimate, their prices are fair and reasonable. For Federally funded work, Contractor will comply with current Davis -Bacon requirements. EPLS, CMS Mechanical Services Parties List System - Windows Internet Explorer provided by City of Fort Collins Fkcfud'edt Panties. 611"4616&1 i Amrznc. Scan saloon Reaves for prior. ExWuaW by 'Mu"gc hams Fire. Entry. or V...al: CSas Maanrnlul Server. �El Ihny an 551"Ttl as of UYMapAll112 N PM EOT >41yEPL5 Save to MIEPLS Rox eroxL eN Rr ovds Your .term reamed no nave.. ® Orck N—search Prinnr-Fmrdl, >RttipoSal Loden >P-1.1-1no Lodes szx Nelp .anaam sum ra. >PWdc u,.r, I.leatl FAO Ms Prove, Ml Frcrzm: Sv9nrn lu dvurd64M.,yemcnl , >(SOM) EPLS, High Plains Mechanical Services 9i'(jE.d.dod P.al.. List srsl.m - w.d... I.t.met E.PI.... ..ow d.d br city of E.rt Cmr.s x : ,Y;;WZ",m TI171 xII Parke 'A.—.S.O S.amn R.... ew Pa.I.. EreNeed S.Arch Help .kW H s Fum.Enfo,. or Ve55.I: 116,,h PUms M.tAanl.rl Sl. s -M Tkos .Eacl tlme stl S5mt As of 03�May.2012 SIM PM EOT DPW US sFIyvt a ANEPLS Say. to MyEPIS "FAQ -R..UC At,s Ktm'/mz . HS-e Al Finafi Taur earth nNm.d nd [Hotta +PrtrsiKCPmn;p. aNmS BacY Nw S.arth Pnm.rFyntll2 51.— As Awed NiNgtmi'.1 ' ' ISNq +RtcpmcSCgdes I �. >Rcru.+mtCues apMSCM Repeels