HomeMy WebLinkAboutRFP - 7390 CONSTRUCTION MANAGER FOR MAX BRT PROJECTAddendum 2 – 7390 Construction Manager for MAX BRT Project Page 1 of 2
ADDENDUM No. 2
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7390: Construction Manager for MAX BRT Project
OPENING DATE: 3:00 PM (Our Clock) May 23, 2012
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed in the following
sections of this addendum:
Exhibit 1 – Questions & Answers
Please contact John 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.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
Addendum 2 – 7390 Construction Manager for MAX BRT Project Page 2 of 2
EXHIBIT 1 – QUESTIONS & ANSWERS
Q. Can you please provide information on the Consultant Financial Coordinator’s role
and responsibilities?
A. CM-CFC will be responsible for overseeing financials related to the
Construction support and reporting. Coordination will be required between
the City’s CFC, contractors, CM Team including City’s Management Team
for overall Project financial oversight, reporting and tracking.
Q. Can you please provide information on the City Financial Coordinator’s role and
responsibilities?
A. City-CFC will be responsible for overseeing the City’s financial management
system and reporting.
Q. The RFP (p. 7 of 49) indicates “The ACM shall possess a Professional Engineer
license in the State of Colorado.” If the proposed Consultant Project Manager
(CM) possess a Professional Engineer license in the State of Colorado, will the
City waive the PE requirement for the ACM?
A. Yes, the ACM or CM must have a Colorado PE.
Q. The RFP (p.20 of 49) E. FINANCIAL INFORMATION, 2. “A statement of work
which the Proposer has on hand, including any work on which a bid and/or
Proposal has been submitted…” Providing such information for a very large firm
would be voluminous. May we provide this information limited to transit-related
work and/or work within the state of Colorado?
A. Yes, Colorado Transit work is acceptable.
Addendum 1 – 7390 Construction Manager for MAX BRT Project Page 1 of 2
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7390: Construction Manager for MAX BRT Project
OPENING DATE: 3:00 PM (Our Clock) May 23, 2012
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed in the following
sections of this addendum:
1. All questions are due by Tuesday May 15, 2012 at 5:00 pm. No questions will be
answered after that date and time.
2. Additional Information
Exhibit 1 – Questions & Answers
Please contact John 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.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
Addendum 1 – 7390 Construction Manager for MAX BRT Project Page 2 of 2
EXHIBIT 1 – QUESTIONS & ANSWERS
Question Response
Does this CM contract still include the vertical construction of the maintenance
facility expansion or the South Terminal Expansion?
Yes, construction management of the South Transit Center and Maintenance Facility
Expansion projects are included in this RFP.
Table 1 on page 17 asks for the Construction Inspector position to have
LabCAT Level C, and the Materials Technician position to have Level I (we
assume A). Are those requirements reversed?
Inspector should have Asphalt Inspector Level 1, and the materials technician should
have LabCat levels A, B & C.
In the interest of sustainability and brevity, would the City be interested in
implementing a page limit, exclusive of the cover, cover letter, tabs, and
requested documentation in Tab E (financial statements), such as 30 pages?
No.
Does the City have a preference between receiving electronic vs. paper
submittals? Again, in the interest of sustainability, we would prefer electronic,
however if you are going to print them out yourselves and distribute to your
review committee we could do that ourselves.
The City does not have a preference.
For our DBE firms, do we need to submit DBE forms certifying their status as
part of our proposal?
We would prefer to have it with the proposal, but it will be required prior to award.
The CM RFP 4th bullet on page 8 of 49, refers to project related programs that
the Contractor is responsible for, including compliance with the Construction
Contract Documents. This brings to mind a couple of questions, can you
please provide clarification for this or provide a list of these programs that the
Contractor(s) are responsible for?
Consultant shall scrutinize, review, monitor and provide oversight for all reasonable
project related programs that the Contractor is responsible for, including compliance with
the construction Contract Documents.
Is the Contractor for the MAX BRT construction responsible for developing and
implementing Contractor Quality Management Plan as referenced in the
General Requirements 01040 page 23 Section 3.5 of the construction
documents? If so, the staffing levels presented in the CM RFP Staffing
structure page 18 appear to be in conflict with this.
The Consultant shall be responsible for oversight of the Contractors Quality Management
Plan and supplement as necessary.
Is the MAX STC Contractor responsible for QC testing, to be paid by City per
Section 01410 of Specifications? Again, the staffing levels presented in the
CM RFP Staffing structure page 18 appear to be in conflict with this.
Testing for the BRT, South Transit Center, and Maintenance Facility will be provided by
the CM Consultant. There will be an addendum to the STC plans to correct Section
01410.
REQUEST FOR PROPOSAL
7390 CONSTRUCTION MANAGER FOR MAX BRT PROJECT
The City of Fort Collins is requesting proposals from qualified firms for a Construction Manager
for the Mason Corridor MAX BRT Project. Scope includes overseeing, assisting and advising
the City of Fort Collins in all phases of the project, as it relates to construction management of
the MAX BRT project, ensuring delivery of the project on time and on budget in accordance with
local, state and federal requirements. Work includes geotechnical engineering and testing
services, inspection services, project reporting to various governmental agencies as it relates to
construction including the City of Fort Collins, Federal Transit Administration, and the Colorado
Department of Transportation.
Proposals may be submitted by E-mail. E-mail submittal shall be e-mailed to:
jstephen@fcgov.com. Please send a separate e-mail to confirm that your proposal was
received. If submitting 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), May 23, 2012 and
referenced as Proposal No. 7390. 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.
This work is Federally Funded and must be in compliance with federal requirements,
The Disadvantaged Business Enterprise DBE goal is 11%.
Questions concerning the scope of the project should be directed to Project Manager, Erika
Keeton at (970) 221-6521 or ekeeton@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen, LEED AP,
CPPO, Senior Buyer, at (970) 221-6777 or jstephen@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
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-
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 7390 Construction Manager for MAX BRT Project Page 1 of 49
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
RFP 7390 Construction Manager for MAX BRT Project Page 2 of 49
The City of Fort Collins is requesting proposals from qualified firms for a Construction Manager
for the Mason Corridor MAX BRT Project.
SCOPE OF WORK
PROJECT LOCATION: Fort Collins, CO, 5 miles on Mason Street, from just south of
Harmony, north to Cherry Street
CONTRACT TYPE: Project Specific
CONTRACT SUBJECT: Construction Management, Inspection, Testing, Geotechnical
and Project Control Services
General Requirements
This Scope of Work (SOW) has been carefully reviewed by the City of Fort Collins and reflects a
plan of approach based on the known goals. The Consultant’s analysis of the project goals,
necessary staffing numbers, its evaluation of the work elements, and its formulation of the work
plan, coupled with its understanding of and sensitivity to the key issues may produce new
approaches or modifications to the project’s work elements. Therefore, the Final Scope of Work
for the project may change in some details to incorporate the Consultant’s input.
Information regarding the MAX BRT Project including plans and specifications are available for
review on an FTP site which can be accessed by clicking on the link below:
ftp://pa-ro:saf21ari@ns2.fcgov.com
Definitions
Project Engineer - The Project Engineer (City of Fort Collins) is responsible for the quality and
successful completion of the project. The Project Engineer authorizes interim and final
payments and all changes to the contracts for all Consultants and Contractors.
Consultant - The individual, firm or corporation under contract by this agreement to perform
construction services as outlined below.
Consultant Construction Project Manager - hereinafter referred to as the “CM”. A consultant
employee who has the overall responsibility for administering the construction contract,
providing oversight for the construction and tasks as described in this contract for the MAX BRT.
Consultant Assistant Construction Manager/Project Controls - hereinafter referred to as the
“ACM”. A consultant employee who assists the CM in the construction and administration of the
contract with the Contractor and oversees project control staff.
Consultant Senior Construction Inspector - hereinafter referred to as the “SCI”. A consultant
employee who oversees the Consultant Construction Inspectors and performs construction
inspection duties.
Consultant Construction Inspector – hereinafter referred to as the “CI”. A consultant employee
who performs construction inspection duties.
Consultant Geotechnical Engineer - hereinafter referred to as the “GE”. A consultant employee
who performs construction materials and soils engineering duties.
Consultant Materials Testing Technician – hereinafter referred to as the “MTT”. A consultant
employee who performs construction material testing inspection duties including horizontal and
RFP 7390 Construction Manager for MAX BRT Project Page 3 of 49
vertical construction Inspection capabilities shall include, but not limited to, soils, concrete,
asphalt, masonry and steel.
Contractor - The individual, firm or corporation under contract with the City of Fort Collins to
construct the MAX BRT project
Commissioning Consultant – Provided by the City of Fort Collins under separate contract.
Initial Project Meeting
The Consultant shall meet with project personnel to coordinate and schedule the required work
prior to active construction. The Consultant shall complete all work in accordance with the
approved contract documents, schedule or as approved by the Project Engineer.
Construction Scope of Work
The MAX Bus Rapid Transit (BRT) project is a proposed north-south BRT system in the
central core of the City of Fort Collins, Colorado. The MAX BRT is located just west of
and parallel to College Avenue (US 287), one of the busiest arterials within the City and
the entire North Front Range region. The project corridor extends from Cherry Street on
the north, to approximately ¼ mile south of Harmony Road, with a total length of five
miles.
The project contains three main components that include: the Mason Corridor, the South Transit
Center and the Maintenance Facility Expansion. The Mason Corridor is proposed within an
exclusive guideway for 2.8 miles, with the remaining 2.2 miles intermixed with street traffic on
portions of McClelland Drive and Mason Street. Additionally, there are two bridge structures
and multiple retaining walls along the MAX BRT route as part of this project. Components also
included in the Mason Corridor portion of the project are: signing and striping, intersection
improvements, various utility improvements, thirteen stations and stop locations, landscaping,
irrigation, traffic control, and guardrail installation. The South Transit Center comprises of a
4,300 square foot transit center, complete with related site work, landscaping, parking and
driveways. The Maintenance Facility Expansion includes construction of a 16,240 square foot
addition to the existing building, an approximately 65,620 square foot concrete driver training
area, and a 680 square foot addition to the Chassis Wash Facility, plus minor interior and
exterior renovations.
Along the entire length of the corridor, the BRT runs parallel to existing Burlington Northern and
Santa Fe (BNSF) Railway tracks. At varying locations, the BRT system is proposed within a
combination of properties owned by the BNSF, the City of Fort Collins, Colorado State
University (CSU), and private land owners which will require extensive coordination efforts.
It is anticipated that the MAX BRT service will begin operation in the first quarter of 2014.
The BRT project includes the Mason Corridor construction plans provided by Michael Baker Jr,
Inc. and the South Transit Center and Maintenance Facility Expansion plans provided by Aller
Lingle Massey Architects P.C. Reference to the MAX BRT incorporates the Mason Corridor
South Transit Center and the Maintenance Facility Expansion.
Scope of Services
The Consultant shall provide the following services:
RFP 7390 Construction Manager for MAX BRT Project Page 4 of 49
Oversee, assist and advise the City of Fort Collins in all phases of the project, as it
relates to construction management of the MAX BRT project, ensuring delivery of the
project on time and on budget in accordance with local, state and federal requirements.
Evaluation and selection of contractor bids.
Horizontal and vertical inspection services that coincide with the construction schedule.
Geotechnical Engineering and testing services for horizontal and vertical construction.
Environmental oversight for impacted materials.
Financial oversight and budget management.
Project reporting to various governmental agencies as it relates to construction including
the City of Fort Collins, Federal Transit Administration, and the Colorado Department of
Transportation.
Coordination and collaboration with local businesses/property owners, community
stakeholders, local organizations and authorities including Colorado State University,
Downtown Development Authority, and the Burlington Northern Santa Fe Railway
Company (BNSF).
Oversight of punch list items, project close-out activities, start-up, oversight and initial
phases of operation.
The Consultant team members will be working in conjunction with City employees on the MAX
BRT project team. Those City team members include, but are not limited to: the Project
Manager, Construction Manager, Senior Construction Inspector, and Construction Inspectors.
The Consultants’ team members, required at a minimum, are as described below in “Consultant
Personnel”. The integration of team members from the Consultant and the City of Fort Collins
will include emphasis on partnering and teamwork. Refer to page 13, MAX Project Construction
Management and Administrative Staffing Structure, for a breakdown of the integrated
relationship.
Consultant Personnel
During construction, the City of Fort Collins anticipates utilizing the following consultant
personnel:
Consultant Construction Project Manager (“CM”)
Consultant Assistant Construction Project Manager/Project Controls (“ACM”)
Consultant Senior Construction Inspector (“SCI”)
Consultant Construction Inspector(s) (“CI”)
Consultant Geotechnical Engineer (“GE”)
Consultant Materials Testing Technician(s) (“MTT”)
Consultant Systems Certification (“SC”)
Consultant Financial Coordinator (“FC”)
Consultant DBE Admin / Davis Bacon / Document control (“DC”)
Consultant Project Management Support - Estimator (“MS”)
RFP 7390 Construction Manager for MAX BRT Project Page 5 of 49
Consultant Scheduling (“SCH”)
It is expected that these individuals are consistent throughout the project and their performance
meets the City’s expectations. In the event that any consultant’s personnel do not perform in
accordance with City standards, the City may exercise its right to request a suitable
replacement in a timely fashion. In the event project personnel leave the company, the
consultant shall notify the City and identify alternatives for approval by the City within 30 days.
Work Duration
Construction is anticipated to begin in June 2012 and has an expected substantial completion
date of December 2013.
The Construction Management task order will cover the period from Notice to Proceed until April
1, 2014, or 90 days after Final Acceptance of the construction project, whichever is later.
Work will mainly be required during the day, on weekends, holidays, and/or on a split-shift basis.
For part of the project, night work may be required. Workweeks may be in excess of or less
than the standard 40-hour week. Consultant personnel will be required to cover all shifts.
Consultant Qualifications
Personnel qualifications, staffing level, and number and types of vehicles shall be subject to the
approval of the Project Engineer. The Consultant shall assign personnel for the duration of the
Contract unless otherwise approved by the Project Engineer. All consultant personnel will be
required to operate a motor vehicle and each must possess and maintain a valid State of
Colorado driver's license. The CM and ACM shall have FTA and DOT experience. The SCI, CI,
GE and MTT shall be thoroughly familiar with CDOT and LCUASS (Larimer County Urban Area
Street Standards) specifications, manuals, forms and documentation requirements. The level of
qualification provided shall be as requested and approved by the Project Engineer.
The team shall provide a designated individual whose responsibility will include being the ‘face’
of the MAX Project. This professional will have demonstrable experience in dealing with city
councils, executive committees, boards and commissions, and members of the public. This
person will have a proven track record of high quality communication skills both written and oral,
as well as a high degree of technical ability, and will be relied upon to present the project
regularly to a variety of stakeholders. The skills outlined in this paragraph may be provided by
one of the positions identified below, or alternately it may be a separate identified position in the
proposal. This individual shall be available to the project based on City needs, and is estimated
at 15-20% of a full time employee.
The desired level of experience and qualifications outlined in the following schedule shall be
maintained throughout the life of this project. If an individual leaves the project team, the
replacement must keep in tact the desired experience and qualifications that were originally
proposed. This RFP outlines the City’s desired expectations of qualifications and staffing:
1. CM – A minimum of fifteen (15) or more years of project management, supervision of
consultant inspectors and testers, and must have managed at least one (1) project
combing FTA, DOT and Transit experience that include similar major project amenities
and complexities. In addition, the CM shall have all certifications as outlined in Table 1:
Additional Construction Inspection and Materials Testing Requirements.
RFP 7390 Construction Manager for MAX BRT Project Page 6 of 49
2. ACM - A minimum of ten (10) years of assistant project management experience and has
been involved in at least one (1) FTA, CDOT and Transit related project(s) that include
similar major project amenities and complexities. The ACM shall possess a Professional
Engineer license in the State of Colorado. In addition, the ACM shall have all certifications
as outlined in Table 1: Additional Construction Inspection and Materials Testing
Requirements.
3. SCI – 8-10 or more years of experience in bridge, utility, roadway and vertical construction
project management, supervision of consultant inspectors and testers, and have been
involved in at least one (1) CDOT and Transit related project(s) that include similar major
project amenities and complexities. The SCI shall have all certifications as outlined in
Table 1: Additional Construction Inspection and Materials Testing Requirements.
4. CI – 3-5 or more years of experience in utilities and roadway construction. and the CI
shall have all certifications as outlined in Table 1: Additional Construction Inspection and
Materials Testing Requirements.
5. GE – A minimum of five (5) or more years of project management, supervision of testers.
The GE shall posses a Professional Engineer license in the State of Colorado.
6. MTT - 3-5 or more years of experience in horizontal construction including asphalt,
concrete, and soils, masonry, and steel. The MTT shall have all certifications as outlined
in Table 1: Additional Construction Inspection and Materials Testing Requirements.
7. MTT - 3-5 or more years of experience in vertical construction including concrete, soils,
masonry, and steel. The MTT shall also have all certifications as outlined in Table 1:
Additional Construction Inspection and Materials Testing Requirements.
8. Highly qualified teams may present combined experience to meet these minimum
qualifications.
A copy of work experience and proof of Certifications and/or License shall be provided to the
Project Engineer before work begins for all personnel, as well as any replacement personnel
provided. Personnel provided by the Consultant who do not meet all of the specified
requirements, or who fail to perform their work in an acceptable manner, shall be removed from
the project when determined and directed by the Project Engineer.
Authorization to Proceed
Work shall not commence until the written Notice to Proceed is received by the consultant, and
shall be completed in the time specified.
Routine Billing, Reporting and Compliance (ACM, FC, DC, MS, SCH)
The consultant shall provide the following on a regular basis:
Monthly billing reports in formats suitable to the Project Engineer for all contract activities
performed by Consultant personnel authorized to perform work on the project.
Periodic reports and billings as required by the City of Fort Collins, the FTA, and CDOT.
Develop, analyze, and prepare monthly cash flow reports and forecasts for the Project,
and advise to variances between actual and budgeted or estimated costs.
Prepare, at least monthly, Contractor Earned Value Reports.
Submit payment-documentation reports (CDOT Form 266) at the end of the week.
RFP 7390 Construction Manager for MAX BRT Project Page 7 of 49
Monitor Contractor payroll compliance.
Track, verify and document Contractors compliance with the Davis Bacon Act.
Scrutinize, review, monitor, process and administer the DBE Admin, Davis Bacon, and
Document control for the project to achieve project DBE goal.
Scrutinize, review, monitor, process and administer all project related programs that the
Contractor is responsible for, including compliance with the Construction Contract
Documents.
Scrutinize, evaluate, review, and approve the project schedule, final payments and
lien documentation.
Prepare and coordinate regular construction meetings, including specialized meetings
with the various professional disciplines.
Status of Contract
The consultant shall monitor the fiscal status of the construction contract, and advise the Project
Engineer of any potential need to supplement the contract. Failure to monitor contract status
and provide timely notification may result in discontinuation of the Consultant’s services.
Requirements for All On-Site Consultant Personnel:
Each of the Consultant's field personnel performing inspection related duties shall maintain a
daily diary for each day they perform work on the project. They shall use CDOT’s automated
Form 103a - Project Diary unless otherwise directed by the Project Engineer. The contents of
the diary shall be brief and accurate statements of progress and conditions encountered during
the prosecution of the work, and sketches as needed for clarification and documentation.
Editorial comments are not to be incorporated in the diaries or on any written correspondence
applicable to the project. A copy of the daily diary shall be available to the Project Engineer at
the end of each work day. In addition, all on-site Consultant Personnel shall obtain a Railroad
CONTRACTOR ID Badge and Burlington Northern Santa Fe Railroad Safety Orientation Card
for all employees who will be present on the job site. Information is available at:
http://railroadcourses.com/. All other certifications as described in Table 1: Additional
Construction Inspection and Materials Testing Requirements.
Project Standards
All construction inspection shall be in accordance with the Colorado Department of
Transportation’s Construction Manual, Field Materials Manual, Standard Specifications for Road
& Bridge Construction, Standard Special Provisions, Project Special Provisions, and the plans
and specifications in use when the project is advertised. All Consultant construction inspection
activities shall be coordinated with or directed by the Project Engineer.
Requirements for CM, ACM, SCI, MTT, and CI - General Work Description
The CM, ACM, SCI, MTT, and CI shall provide support to the Project Engineer and assist with
project management and inspection responsibilities. CM, SCI, MTT, and CI Inspection
responsibilities include:
Assist the Project Engineer in the following construction activities:
RFP 7390 Construction Manager for MAX BRT Project Page 8 of 49
Execute and perform all of the duties and obligations required or requested by the
Project Engineer under the Construction Contracts and documents.
Manage and oversee construction activities at the Project site with respect to administration
of the Construction Contracts, including but not limited to performing inspection and /or
inspections of the Construction Work.
Provide quantity take offs and compare those to design engineer’s estimate.
Analyze and update the Project budget based upon changes in design development.
Prepare all independent cost estimates (ICE) and cost analysis for contract modifications.
Require and use best efforts to obtain satisfactory performance from the Contractor.
Act as a liaison and provide communication to Contractor field crews.
Review and evaluate the project construction schedule provided by the Contractor.
Manage the Contractor’s compliance with the Project’s construction schedule, scrutinize any
delays, and report the status each month to the City of Fort Collins, providing analysis of
and recommendations regarding any delay, concern, problem, or other issue resulting in a
recovery plan.
Oversee and monitor the approved estimate of construction costs.
Oversee and manage Project site visits and provide or arrange for responses to the
Contractor inquiries and requests for information (RFI’s).
Prepare an analysis showing actual contractor costs for activities in progress and
estimates for uncompleted tasks by way of comparison with the approved estimate.
Advise if it appears that the construction cost may exceed the approved Project budget
and research, analyze, and recommend corrective action.
Evaluate, review and approve Contractor pay applications for progress and final
payments and submit to the Project Engineer for final approval.
Prepare inspection documentation for development of progress payments for the Contractor
in accordance with prescribed procedures.
Aid in the preparation of correspondence to the Contractor, Project Engineer, local
agencies, utilities, stakeholders, etc.
Assist in negotiating Contractor proposals for changes, and submit recommendations to
the Project Engineer, and if such proposals are accepted, prepare Construction Change
Orders and Construction Oversight.
Maintain accurate notes reflecting actual construction details to be used in preparation of as-
built plans.
Coordinate and secure all necessary project documentation from the Contractor.
Review drawings and data submitted by the Contractor and suppliers for conformance with
the intent of the specifications.
Review and evaluate all shop drawings and other submittals from the Contractor.
Notify contractors and Project Engineer of non-compliance with the contract plans and
specifications.
RFP 7390 Construction Manager for MAX BRT Project Page 9 of 49
Evaluate and recommend courses of action to the City of Fort Collins when requirements
of a Contract are not being fulfilled by the Contractor.
Perform special tests, investigations, or monitoring to fulfill the intent of the FTA, CDOT and
the City of Fort Collins inspection program.
Provide special inspection, accepting responsibility for conducting the inspections, and
certify: (i) all Construction Work performed substantially conforms to approved Construction
Contract Documents, the Contract Drawings and has been performed in accordance
designated federal, state and City rules and regulations; and (ii) for progress and final
inspections, that all Construction Work substantially conforms to the approved construction
documents and has been performed in accordance with applicable provisions of the
Construction Contract documents and other designated rules and regulations.
Perform initial, follow-up, and final inspections of work in progress including interim and final
measurements.
Review final “As-Built” plans for accuracy upon project completion.
Monitor compliance with and take appropriate action to preserve safety on the project for all
workers and traveling public in accordance with the Method of Handling Traffic (MHT).
Provide the services and assistance necessary to avoid a construction conflict; when a
conflict does occur, use best efforts to resolve the dispute.
Anticipate project problems and propose solutions to Project Engineer.
Prepare and deliver, not less than once each month a report addressing progress,
problems, issues, and concerns with respect to the status of the Services and the status
of any additional services Construction Manager is performing with respect to the Project.
Submit daily diaries at the end of each working day.
Identify necessary Contractor obtained permits. Coordinate and ensure proper permits have
been secured.
Coordinate and assist with securing City Building Permits pertaining to the bus stop shelters.
Obtain concurrence as needed from the Project Engineer and keep relative documentation
for project records.
Communicate with adjacent landowners as required to resolve issues that arise due to
construction.
Provide environmental oversight as it relates the removal of the PSCO building, and BNSF
materials.
Oversee, coordinate and manage preparation of and review of construction punch lists by
Contractors.
Verify completion of punch list items.
Coordinate and manage delivery, installation, and commissioning of equipment,
commissioning processes and procedures, and the initial start-up and testing of all systems
to confirm compliance with specifications.
Coordinate the approval of material cut sheet with appropriate City staff.
Arrange and be responsible for and maintain complete progress photos and other visual
records, files, and documentation with respect to the progress of the Project. Consultant
RFP 7390 Construction Manager for MAX BRT Project Page 10 of 49
shall make all photos and other visual records available to the Project Engineer upon request
and shall deliver them to Project Engineer upon Final Completion of all Contracts for the
Project.
Prepare and transmit updates of construction activities to the City of Fort Collins Public
Information Office.
Oversee, manage, coordinate and confirm delivery of keys, manuals, plans and
specifications, as-built drawings, etc.
Coordinate with City Inspection staff to provide comprehensive inspection coverage and
efficiently distribute inspection duties.
Labor, Materials, Vehicles & Equipment
The Contractor will provide field-office space at the jobsite (location to be determined at a later
date) as well as one (1) office space in the City of Fort Collins MAX BRT Engineering office.
The Consultant shall provide the SCI, CI and the MTT each with the following:
A suitable vehicle equipped with at least one (1) flashing, oscillating or rotating amber
beacon that will be visible a minimum of five hundred (500) feet in normal sunlight.
o Inspection and Testing vehicles shall be equipped with an electronic distance-
measuring device, calibrated accurate to within +/- 5 feet per mile.
A cellular phone.
A state-of-the-art computer with networking capability sufficient for accessing internet
email through a project-supplied internet-service provider. Each computer shall be
loaded with MS Office software (2003 version or later), including MS Word and MS Excel
at a minimum. All computers shall be connected or networked sufficiently to enable
print-jobs to be sent to a Consultant-supplied project printer, as follows:
o Consultant shall provide a project printer/scanner capable of making 11x17 color
prints, and 11x17 black-and-white scans. This printer shall be so configured and
connected or networked as to receive and print print-orders from all consultant-
supplied computers on the project. Consultant shall maintain this printer with ink
and paper in a serviceable condition for the duration of the project, at no
additional cost to the project. Scans made by this printer/scanner shall be
available in PDF-format at all consultant-supplied project computers.
Miscellaneous equipment (calculator, office supplies, safety equipment, etc.) required to
perform the work: ASTM Certified Work Boots, ANSI Certified Hardhat (Z89.1 stamp and
High Visibility), Safety Glasses (Z87 stamp on the glasses/goggles) and Approved
Safety Vest meeting or exceeding ISEA for Class 3.
Conditions Applicable to all Consultant Personnel: Overtime / Travel Pay / Commute
Miles
Overtime hours are to be approved by the City of Fort Collins for all Consultant Personnel.
Overtime hours will be paid by the City of Fort Collins at the same rate as regular, non-overtime
hours. Travel time will not be paid.
RFP 7390 Construction Manager for MAX BRT Project Page 11 of 49
Deadlines
The Consultant will act as the clearinghouse for all submittals as described in Table 1 below.
Should input from the design team be required, the Consultant shall transmit the submittals to
the appropriate design consultant within 24-48 hours, and coordinate design consultant
compliance based on Table 2. All testing deadlines shall conform to Table 1 as indicated
below.
The following does not constitute a complete list of deadlines that may be required during the
performance of the Consultant’s duties. Deadline turn around time is subject to change by the
City of Fort Collins.
Table 1: Construction Management Consultant Team
Task Turn Around Time
Request for Information 5 business days
Shop Drawings (when applicable) 10 business days
Soils Testing Within 2-4 hrs of notification
Concrete and Asphalt Testing Within 4-6 hrs of notification
Change Orders 5 business days
Independent Cost Estimate and Cost
Analysis 3 business days
As-Builts 30 business days
1. The designer may request additional time during the acknowledgement period. If
additional time is granted by the City of Fort Collins, the Contractor will be given a
specific date that the response will be provided.
2. During the Acknowledgement period, the Contractor will receive confirmation
from the Consultant that the Consultant/Designer has received the submittal.
3. The Response to CM Turn Around Time frame begins with receipt of submittal.
4. All submittals will be routed from the Construction Manager to the Baker Project
Manager, or the Aller Lingle Massey Project Manager as appropriate. The Baker
Table 2: Design Team
Task Acknowledgement Response to CM
Turn Around Time1-5
Request for Information 24-48 Hours 5 business days
Shop Drawings 24-48 Hours 10 business days
Request for Changes 24-48 Hours 5 business days
Design Changes 24-48 Hours 10 business days
Approved Equal 24-48 Hours 5 business days
RFP 7390 Construction Manager for MAX BRT Project Page 12 of 49
or Aller Lingle Massey Project Manager will distribute to the appropriate discipline
within the Acknowledgement period.
5. All submittals will be documented using a single log file to be determined by the
City, Baker, Aller Lingle Massey, and the Construction Manager.
The Consultant team has 24 hours to transmit submittal deliverables back to the contractor once
received from the design team. Should the CM team have a software system that can manage
submittals, it should be indicated in the proposal and presented in the oral presentation. The
Consultant should demonstrate experience with utilizing the tracking system, or present the
method to be used for handling the submittals.
The Consultant shall meet all deadlines as put forth in this contract. The Consultant shall bear
all costs related to delays of construction caused by Consultants failure to provide accurate and
timely reporting, or failure to provide qualified personnel in the time specified. The Consultant’s
monthly payments may be withheld for that portion of the work. Consultant shall expedite all
construction management related deadlines to the best of their ability. Should delays arise that
are beyond the Construction Manager/Consultant’s control, the Construction Manager shall
make the Project Engineer aware of said delays immediately with recommendations for
solutions.
Deliverables
The Consultant shall provide support in the formation and review of program documentation. All
documents prepared by the Consultant shall be prepared on behalf of the City of Fort Collins,
and the Consultant may not independently publish or distribute any document without prior
written permission from the City of Fort Collins. The Consultant shall review and provide written
comments on the technical accuracy and completeness of each document. No documents,
reports, information, etc. may be released to the public or provided to any party other than the
City of Fort Collins and its Contractor without written approval of the City of Fort Collins.
The Consultant shall provide status reports, progress reports, and other deliverables as
required in a format proposed by Consultant and agreed to by the City of Fort Collins. The
Consultant shall also provide and maintain electronic and paper filing documentation for all
reports and deliverables using the City of Fort Collins documentation procedures on a bi-
weekly basis. The Consultant shall also provide a web based platform for all construction
related documentation relating to the project and provide access to the City of Fort Collins.
The following does not constitute a complete list of deliverables that may be required during
the performance of the Consultant’s duties. Due dates are subject to change and are dependent
on the development of the Project and the Construction Contractor’s milestones. All references to
days are in calendar days. Contractor may be required to provide additional deliverables not
listed below, as required.
Deliverable Due Date
Progress Reports Monthly
Procurement Procedures/ Plan As Required
Shop Drawing Submittals Weekly
RFP 7390 Construction Manager for MAX BRT Project Page 13 of 49
Schedule Tracking Monthly
Construction Contract Change Order Log Monthly
Earned Value Report Monthly
DBE/MBE/WBE & M/W Workforce Utilization Reports Monthly
Contract week look ahead Weekly
Requirements for GE and MTT - General Work Description
All sampling, testing, and documentation shall be in accordance with the Colorado Department
of Transportation (CDOT) Construction Manual, Field Materials Manual and LCUASS. The
applicable CDOT Manual shall be the one currently in use when the construction project is
advertised. Building inspection and testing shall include all applicable test requirements
including, but not limited to: soils, concrete, masonry and steel.
If the required method is not described in the CDOT Field Materials Manual, the required work
shall be completed in accordance with:
1. AASHTO Standard Specifications for Transportation Materials and Methods of Sampling
and Testing (as revised and supplemented), or
2. The ASTM Standards and Tentatives, in this order.
Proposed work procedures shall be coordinated with the Project Engineer prior to the start of
work.
It is anticipated that the MTT will perform applicable materials-testing duties on the project. The
MTT will be expected to report all findings to the GE and the CM. The MTT shall sample, test,
and document all materials incorporated into the project. This includes materials delivered to the
project that are listed in the Summary of Approximate Quantities or referred to in the
Specifications. The number of tests required shall be in accordance with the Schedule in the
Field Materials Manual. Additional testing may be required as additional quantities may be
added by Contract Change Order, or plan approximate quantities may be increased or
decreased. A field copy of the physical property concrete tests will need to be submitted to the
CM at the time of the test. A prompt verbal notice on all non-compliance tests will be required
immediately after tests are completed. All tests will be followed up with electronic and hard
copy of test results within 48 hours of test completion including a comparison to the
specifications for that particular project, indicating any test results that are out of specification.
All 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 of testing. The MTT
shall review project quantities with the CM and GE on a weekly basis to ensure that sufficient
tests have been performed for all material placed to date. The consultant shall also provide any
other project-related services requested by the Project Engineer. The GE shall direct and
review all technical activities related to civil and geotechnical engineering work including site
geotechnical investigations and results interpretation, calculations and design, schedule and
budget management, production of deliverables, technical supervision of related construction,
reporting and communications.
Testing of materials that are specifically designated to be pre-inspected or pre-tested shall be
the responsibility the consultant. The MTT shall document and transport samples of any and all
RFP 7390 Construction Manager for MAX BRT Project Page 14 of 49
materials to the Laboratory that are required to be tested, regardless of pre-inspection or pre-
testing responsibilities. The items and test frequencies of tested materials shall be in
accordance with the Field Materials Manual.
Labor, Materials, Vehicles & Equipment
The Consultant shall furnish the MTT with the following:
A suitable vehicle equipped with at least one (1) flashing, oscillating or rotating amber
beacon that will be visible a minimum of five hundred (500) feet in normal sunlight.
A cellular phone with voice mail.
A state-of-the-art computer with networking capability sufficient for accessing internet
email through a project-supplied internet-service provider. This computer shall be
loaded with MS Office software (2003 version or later), including MS Word and MS Excel
at a minimum. This computer shall be connected or networked sufficiently to enable
print-jobs to be sent to the Consultant-supplied project printer described above, or to a
separate 8½” x 11” black-and-white printer provided and maintained by the Consultant in
the field laboratory.
Miscellaneous equipment (calculator, office supplies, safety equipment, etc.) required to
perform the work: ASTM Certified Work Boots, ANSI Certified Hardhat (Z89.1 stamp and
High Visibility), Safety Glasses (Z87 stamp on the glasses/goggles) and Approved
Safety Vest meeting or exceeding ISEA for Class 3, and all other applicable equipment.
The following equipment shall be furnished along with the MTT for each project in sufficient
quantity and in good working order (with current calibration) to ensure accurate performance of
all work required in a timely manner:
Nuclear Asphalt-Content Gauge;
Nuclear Moisture/Density Gauge;
Concrete air meter, slump cone, and other concrete testing equipment;
Sieves for aggregate and soil gradations;
Electronic scales;
Asphalt & A/C sample containers and small tools;
Proctor equipment for soil curves and one-point tests;
Atterburg, Rice value, and Sand Equivalent equipment;
Sample drying equipment;
Concrete cylinder molds which meet AASHTO requirements, except that paper molds
shall not be used, and plastic molds shall not be reused;
Miscellaneous equipment for performing the required soils, asphalt and concrete tests;
All other applicable testing equipment
Documentation
Test results and sample submittals transmitted to the City of Fort Collins shall be recorded on
appropriate CDOT Forms, or approved equal.
RFP 7390 Construction Manager for MAX BRT Project Page 15 of 49
The MTT shall furnish the Project Engineer with original copies of all worksheets and test results
on a weekly basis. The MTT shall also keep the CDOT Form 626 (Field Laboratory Test
Results) up to date at all times and provide copies of this form to the Project Engineer within 12
hours. The CM and the Project Engineer shall be informed immediately of any non-specification
material. At the discretion of the CM, the MTT may also be required to provide the CDOT Form
626 to the contractor within 12 hours for any non-specification material.
The MTT shall provide all correspondence and applicable CDOT forms or approved equal to the
CM and/or the Project Engineer for review and signature.
Assurance Sampling and Testing
The MTT shall coordinate the schedule of the City’s Independent Assurance Tests (IAT) for the
project with the Region Materials Section in accordance with the CDOT Form 379 (Project
Independent Assurance Sampling Schedule), or approved equal. Advance notice of 48 hours is
required for proper coordination.
Submittal of Final Documentation
Final documentation shall be submitted to the Project Engineer within 20 working days after
completion of all work. A completed CDOT Form 250 or approved equal, shall be submitted to
the Project Engineer 10 days after the consultant has been notified of final quantities. Failure to
submit final documentation as required will result in withholding of consultant payments.
RFP 7390 Construction Manager for MAX BRT Project Page 16 of 49
Table 1: Additional Construction Inspection and Materials Testing Requirements:
In addition to the requirements set forth above, the following certifications will also be required,
unless otherwise approved by the Project Engineer as an approved equal:
Class/Certification
Consultant
Project
Manager
(“CM”)
Consultant
Assistant
Project
Manager
(“ACM”)
Consultant
Senior
Construction
Inspector
(“SCI”)
Consultant
Inspector
(“CI”)
Consultant
Materials
Testing
Technician
(“MTT”)
CDOT Basic Highway Math
X *
X*
X
X*
CDOT Basic Construction
Surveying
X *
X*
X
X*
CDOT Basic Highway Plan
Reading
X *
X*
X
X*
Storm water Management and
Erosion Control
X*
X*
X
CCA Traffic Control Supervisor
X*
X
X
OSHA 10
X
X
OSHA 30
X
BNSF Railroad CONTRACTOR
ID Badge and Burlington Northern
Santa Fe Railroad Safety
RFP 7390 Construction Manager for MAX BRT Project Page 18 of 49
CONSULTANT QUALIFICATIONS AND EVALUATION PROCESS
Required Information for Proposal
A. QUALIFICATIONS AND EXPERIENCE
Provide a statement from a principal of the Proposer (or if the Proposer is a joint
venture, from a principal of each participant in the joint venture) identifying the
Proposer’s (or joint venture participant’s) specific relevant experience in the
performance of services similar to those contemplated herein. For all projects
referenced, include the name of the company, the date the services were provided, the
nature of the services performed, the name of a contact person and such person’s
current mail and email addresses and telephone number for verification purposes.
Only Proposals received from a Proposer demonstrating relevant prior experience
shall be evaluated for designation and selection pursuant to this RFP.
Provide a complete list of Proposer’s (or if the Proposer is a joint venture, each
participant’s) affiliates.
B. QUALIFICATIONS AND EXPERIENCE OF STAFF
List the name(s), title(s) and resumes of key personnel who will be assigned to perform
any services requested. Indicate how you will assure commitment to the Project of
said key personnel and your plan for providing equally qualified personnel in the event
that such key personnel become unavailable during the progress of the work. However,
notwithstanding the aforementioned required plan, please note that it is expected that key
personnel submitted pursuant to this RFP will be committed to being assigned to the
Project for its duration. The Construction Manager shall not remove or replace key
personnel as identified by the City of Fort Collins, without the written consent of the City
of Fort Collins and the City of Fort Collins will not consent until the Construction
Manager has proffered a candidate with similar and equal credentials acceptable to
the City of Fort Collins.
Identify subconsultants and indicate their experience and qualifications. Provide the
terms and conditions for their compensation, their Disadvantaged Business
Enterprise, Minority-Owned Business Enterprises and Women-Owned Business
Enterprises (respectively “DBE”, “MBE” and “WBE”) status and the technical
qualifications of their key personnel to be assigned to the Project.
C. TECHNICAL APPROACH
Submit a detailed description of the proposed technical approach to be taken for
the performance of the required services. Factors addressed in Proposer’s technical
approach shall include, but are not limited to the proposed technical approach
demonstrating to the City of Fort Collins the knowledge and skill of Proposer to address
specific technical areas. Proposer is requested to offer alternative methodologies to
performing the work with the potential to result in cost savings and/or time
conservation both for specific parts of the construction and the Project.
D. MANAGEMENT APPROACH
Submit a detailed description of the proposed management approach to be taken for
the administration of work under the Agreement. Factors addressed in Proposer’s
management approach shall include, but are not limited to the following: Proposer’s
RFP 7390 Construction Manager for MAX BRT Project Page 19 of 49
proposed organizational structure to be responsive to the City of Fort Collins as well as
other stakeholders’ needs and in compliance with Federal Railroad Administration
regulations; Proposer’s approach and schedule for keeping the client appraised of
the Project status and Proposer’s approach to ensuring the quality of the work product to
be produced. In support of the proposed management approach, the Proposer shall also
provide a detailed Staffing Plan.
Provide your DBE/MBE/WBE Participation Plan, in accordance with the
DBE/MBE/WBE provisions in this RFP.
E. FINANCIAL INFORMATION
The Proposer must demonstrate that it is financially capable of performing the Agreement.
The determination of the Proposer’s financial qualifications and ability to perform this
Agreement is in the sole discretion of the City of Fort Collins. The Proposer shall submit,
with its Proposal, the following:
1. (a) Certified financial statements, including applicable notes, reflecting the
Proposer’s assets, liabilities, net worth, revenues, expenses, profit or loss
and cash flow for the most recent calendar year or the Proposer’s most
recent fiscal year.
(b) Where the certified financial statements in (a) above are not available,
then statements reviewed by an independent Certified Public Accountant and setting
forth the aforementioned information shall be provided.
(c) Where the statements submitted pursuant to subparts (a) and (b) if this
subparagraph 1 do not cover a period which includes a date not more than forty-five
(45) days prior to the Proposal Due Date, then the Proposer shall also submit a
statement in writing, signed by an executive officer or his/her designee, that the
present financial condition of the Proposer is at least as good as that shown on the
statements submitted.
2. A statement of work which the Proposer has on hand, including any work on which a
bid and/or Proposal has been submitted, containing a description of the work, the
annual dollar value, the location by city, state, and country, the current
percentage of completion, the expected date for completion, and the name of an
individual (with full mail, email and telephone contact information) representing the
owner of the work most familiar with the Proposer’s work on these jobs.
3. The Proposer’s (or if Proposer is a joint venture, each participant’s) Federal
Employer Identification Number (i.e., the number assigned to firms by the Federal
Government for tax purposes) certified on Internal Revenue Service Form W-9.
F. RFP SCHEDULE
RFP’s Due May 23, 2012
Short List Notifications May 30, 2012
Interviews June 6, 2012
G. ORAL PRESENTATIONS
After review of all Proposal submissions, an oral presentation to the selection
committee and others, as appropriate, may be requested. It should be noted that if the
RFP 7390 Construction Manager for MAX BRT Project Page 20 of 49
Proposer is selected to make a presentation, the Proposer may be given only short
advance notice. Presentations will be limited to a maximum twenty (20) minutes, and
include the material contained in Proposal. The presentation will be followed by an
approximately twenty (20) minute question and answer session. Proposer’s staff
providing the presentation shall be led by the proposed Project Manager, who may be
supported by no more than five (5) other senior staff members including the Assistant
Construction Manager/Project Controls and the Senior Construction Inspector.
Notification of presentation scheduling will be made by email. Please provide the name and
email address of the person who should be contacted for presentation scheduling as well
as an alternate in the event that person is unavailable.
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. The Proposal and oral presentation will be
evaluated by a Selection Committee composed of the City of Fort Collins personnel
experienced in the disciplines necessary to make a value judgment and decision
regarding the technical qualifications of the Proposer.
H. PROPOSAL EVALUATION CRITERIA
The Selection Committee members will base their evaluation on criteria and are listed
below:
RATING QUALIFICATION STANDARD
1-5
Scope of Proposal
including Technical
Approach
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project? What is
the firms technical approach?
1-5
Qualifications and
experience of
proposed staff
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?
1-5
Availability and Firm
Capabilities
including Firms
Management
Approach
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? Does the firm have the
support capabilities the assigned personnel
require? Has the firm been involved with
previous projects of this type and scope?
What is the firms management approach as it
relates to a project of this magnitude?
1-5 Motivation Is the firm interested and are they capable of
doing the work in the required time frame?
RFP 7390 Construction Manager for MAX BRT Project Page 21 of 49
I. 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?
J. REVIEW AND AWARD PROCESS
Award will be made to the responsible firm whose Proposal is most advantageous to
the City of Fort Collins. In determining which Proposal is most advantageous, the City of
Fort Collins will evaluate Proposals to determine which Proposal offers the greatest
business value to the City of Fort Collins based upon an analysis of the qualitative
technical factors.
Upon selection of the highest rated firm, based on the aforementioned criteria, the City
of Fort Collins shall endeavor to negotiate a fair and equitable compensation for the
performance of the services outlined in the Agreement. If negotiations cannot be
satisfactorily concluded, the Proposer will be notified by letter that negotiations have
been terminated. Thereafter, unless the City of Fort Collins decides for any reason to
recommend that the City of Fort Collins reject all Proposals, the City of Fort Collins will
initiate negotiations with the next highest rated firm. This procedure shall be continued
until a mutually satisfactory contract has been negotiated.
No Proposer shall have any rights against the City of Fort Collins arising at any stage
of the solicitation from any negotiations that take place, or from the fact that the City of
Fort Collins does not select a Proposer for negotiations.
RFP 7390 Construction Manager for MAX BRT Project Page 22 of 49
EXHIBIT 1 – SAMPLE PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and , hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with the
scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein
by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of
( ) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence , 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 four
(4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by
both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget
Office will be used as a guide. Written notice of renewal shall be provided to the Professional and
mailed no later than ninety (90) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City
may terminate this Agreement at any time without cause by providing written notice of 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.
RFP 7390 Construction Manager for MAX BRT Project Page 23 of 49
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
Professional:
City:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
With Copy to:
City of Fort Collins, Purchasing
PO Box 580
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.
4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination of all
services rendered by the Professional, including but not limited to designs, plans, reports, specifications,
and drawings and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its
officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third
parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or
indirectly out of the Professional's negligent performance of any of the services furnished under this
Agreement. The Professional shall maintain commercial general liability insurance in the amount of
$500,000 combined single limits and errors and omissions insurance in the amount of $ .
5. Compensation. [Use this paragraph or Option 1 below.] In consideration of the
services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in
the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed
($ ). Monthly partial payments based upon the Professional's billings and itemized statements
are permissible. The amounts of all such partial payments shall be based upon the Professional's
City-verified progress in completing the services to be performed pursuant hereto and upon the City's
approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause
RFP 7390 Construction Manager for MAX BRT Project Page 24 of 49
Final payment shall be made following acceptance of the work by the City. Upon final payment, all
designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall
become the sole property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed pursuant to
this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed
($ ). Monthly partial payments based upon the Professional's billings and itemized statements
of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based
upon the Professional's City-verified progress in completing the services to be performed pursuant hereto
and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be
made following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings and other services rendered by the Professional shall become the sole property
of the City.
6. 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.
7. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base
material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc
of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the
established city standard.
RFP 7390 Construction Manager for MAX BRT Project Page 25 of 49
8. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services, Work
Schedule, and other material information. Failure to provide any required monthly report may, at the
option of the City, suspend the processing of any partial payment request.
9. 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.
10. 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.
11. 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.
12. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default.
13. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b)
treat the Agreement as continuing and require specific performance; or (c) avail himself of any other
remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the
RFP 7390 Construction Manager for MAX BRT Project Page 26 of 49
defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting
party's reasonable attorney fees and costs incurred because of the default.
14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees, agents
and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives,
successors and assigns of said parties.
15. 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.
16. 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.
d. If Professional obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Professional shall:
RFP 7390 Construction Manager for MAX BRT Project Page 27 of 49
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.
17. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1)
page, attached hereto and incorporated herein by this reference.
RFP 7390 Construction Manager for MAX BRT Project Page 28 of 49
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
RFP 7390 Construction Manager for MAX BRT Project Page 29 of 49
EXHIBIT “ ”
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this
Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the
City has established policies and procedures with regard to the handling of confidential information and
other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the
City or its employees, customers or suppliers, which access is related to the performance of services that
the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional agrees to
treat as confidential (a) all information that is owned by the City, or that relates to the business of the City
, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third
party (including but not limited to customers and suppliers of the City) . The Professional shall not
disclose any such information to any person not having a legitimate need-to-know for purposes
authorized by the City. Further, the Professional shall not use such information to obtain any economic
or other benefit for itself, or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes generally
known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is
required by law, regulation or court order to be disclosed, provided that the request for such disclosure is
proper and the disclosure does not exceed that which is required. In the event of any disclosure under
(b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to
make such disclosure and shall promptly advise the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests for any
reason, the Professional shall promptly return to the City any and all information described hereinabove,
including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its
possession or control or as to which it otherwise has access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation
preliminary and permanent injunctive relief and specific performance) in addition to all other remedies
provided hereunder or available at law.
RFP 7390 Construction Manager for MAX BRT Project Page 30 of 49
7390 CONSTRUCTION MANAGER FOR MAX BRT
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES............................................................... 32
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS .... 32
3. ACCESS TO RECORDS AND REPORTS...................................................................................... 32
4. FEDERAL CHANGES..................................................................................................................... 33
5. TERMINATION................................................................................................................................ 34
6. CIVIL RIGHTS REQUIREMENTS ................................................................................................... 35
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ................................................................... 36
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS.......................... 37
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT).................... 37
10. BUY AMERICA................................................................................................................................ 38
11. BREACHES AND DISPUTE RESOLUTION................................................................................... 39
12. LOBBYING...................................................................................................................................... 40
13. CLEAN AIR ..................................................................................................................................... 42
14. CLEAN WATER REQUIREMENTS ................................................................................................ 42
15. CARGO PREFERENCE REQUIREMENTS .................................................................................... 42
16. FLY AMERICA REQUIREMENTS .................................................................................................. 42
17. SEISMIC SAFETY REQUIREMENTS............................................................................................. 43
18. ENERGY CONSERVATION REQUIREMENTS.............................................................................. 43
19. ADA Access.................................................................................................................................... 43
20. CITY OF FORT COLLINS BID PROTEST PROCEDURES............................................................ 43
RFP 7390 Construction Manager for MAX BRT Project Page 31 of 49
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 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 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
RFP 7390 Construction Manager for MAX BRT Project Page 32 of 49
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
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5
311
None
None unless
non-
competitive
award
None
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
RFP 7390 Construction Manager for MAX BRT Project Page 34 of 49
Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other
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 VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
RFP 7390 Construction Manager for MAX BRT Project Page 35 of 49
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 of 11% DBE participation has 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)).
c. {If a separate contract goal has been established, use the following}
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 an initial proposal:
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.
[Offerors] must present the information required above with initial proposals (see 49
CFR 26.53(3)).
RFP 7390 Construction Manager for MAX BRT Project Page 36 of 49
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 4220.1E, 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 Language
The following clause language is suggested, not mandatory. It incorporates the optional method
of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
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.
RFP 7390 Construction Manager for MAX BRT Project Page 37 of 49
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency
name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to {insert agency name}, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. 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.
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.
5323(j)(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. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _____________________________________________________________________
Signature _________________________________________________________________
RFP 7390 Construction Manager for MAX BRT Project Page 38 of 49
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.
5323(j)(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. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date __________________________________________________________________
Signature ______________________________________________________________
Company Name ________________________________________________________
Title __________________________________________________________________
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.
RFP 7390 Construction Manager for MAX BRT Project Page 39 of 49
Remedies - Unless this contract provides otherwise, all 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.
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)
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The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure
or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
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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 seq. 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 seq. 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
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. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance
with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide
that recipients and subrecipients of Federal funds and their contractors are required to use U.S.
Flag air carriers for U.S Government-financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit,
if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to
RFP 7390 Construction Manager for MAX BRT Project Page 42 of 49
use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
17. SEISMIC SAFETY REQUIREMENTS
Seismic Safety - The contractor agrees that any new building or addition to an existing building
will be designed and constructed in accordance with the standards for Seismic Safety required
in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The contractor also agrees to ensure that
all work performed under this contract including work performed by a subcontractor is in
compliance with the standards required by the Seismic Safety Regulations and the certification
of compliance issued on the project.
18. 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.
19. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C.
Sections 12101 et seq. 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.
20. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available from
the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580,
Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
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EXHIBIT 2 - MAX CHARTER
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None unless
non-
competitive
award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3
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
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Orientation Card
X
X
X
X
X
Colo Asphalt Technician
Certification LabCAT
(Level C includes Volumetrics)
X
X
Asphalt Paving Inspection
LabCAT Level I
X
WAQTC Soils Certification
Level A,B
Level A
Level
A,B,C
ACI Field Testing Grade I
(including: casting concrete
cylinders)
X
ACI Field Strength Testing Grade
I, or: ACI Lab Testing Technician
Level I (including: breaking
concrete beams and cylinders)
X
*Not required if certified as an Engineer-in-Training or licensed as a Professional
Engineer by the State of Colorado.
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