Loading...
HomeMy WebLinkAboutRFP - 9185 CONSTRUCTION MANAGEMENT SERVICESRFP 9185 Construction Management Services Page 1 of 45 REQUEST FOR PROPOSAL 9185 CONSTRUCTION MANAGEMENT SERVICES RFP DUE: 3:00 PM MST (our clock), September 9, 2020 The City of Fort Collins Engineering Department is seeking one or multiple qualified Civil Engineering and/or Construction Management Consultants (Professional) to provide construction management, construction inspection, and project support services for various, future, yet-to-be- determined civil engineering projects, both locally and federally funded. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. A pre-proposal meeting will be held at 2:00 PM MST on August 18, 2020. The pre- proposal meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your browser for access to the meeting. Please be prepared to announce your name and mute your microphone: https://teams.microsoft.com/l/meetup- join/19%3ameeting_ZTg4NWFiYmQtOGM5OS00NzBkLTkzMzYtNDcxNGU4MDY5Y2Yz%40 thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431- 6d1a27b66660%22%2c%22Oid%22%3a%224765df56-fd3a-4dc2-a64c- f90540a0aeba%22%7d Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and conference ID. This option will only allow you to hear the audio presentation. Call-in number: (970) 628-0892 Conference ID: 355 049 189# All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at edale@fcgov.com, with a copy to Nicole Hahn, Project Manager, at nhahn@fcgov.com, no later than 5:00 PM MST (our clock) on August 28, 2020. Please format your e-mail to include: RFP 9185 Construction Management Services in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be 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 9185 Construction Management Services Page 2 of 45 discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. RFP 9185 Construction Management Services Page 3 of 45 Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9185 Construction Management Services Page 4 of 45 I. BACKGROUND & OBJECTIVE / OVERVIEW Objective The City of Fort Collins, Engineering Department, is seeking one or multiple qualified on- call full-service Consultants (the Professional) to assist the City and/or act as an owner’s representative on City projects to provide all disciplines of construction management, construction inspection, and project support services related to a variety of civil engineering projects. The successful Professional will address all of the tasks, issues, and requested information in their proposal, possess the requisite skills, experience and manpower necessary to produce high quality deliverables on time and on budget, and be motivated to work with City staff, other funding partners’ staff, and citizens to accomplish the project goals and objectives. Background In general, project support services are needed for bridge replacements, intersection improvements, roadway widening projects, utility relocations, trails, transit facilities, pedestrian needs, and grade separated crossings. Typical services requested will include assisting the City Project Manager with a combination of: Professional Engineer, Project Engineer and Construction Inspector support to aide with all documentation associated with compliance to local, state and federal construction practices. City Engineering Capital Projects often include state and/or federal funding. Compliance with Colorado Department of Transportation (CDOT), Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) rules and regulations is critical to ensure the City receives full reimbursement of grant funds. Project size can vary in size and complexity. This contract may be utilized by all City Departments. This Request for Proposals (RFP) is for a work-order style master Professional Services Agreement. Individual work orders will be developed for each project. As this Agreement may potentially be used with federal and/or state funding; therefore, the RFP procurement process shall follow CDOT and federal guidelines for procurement, known as the Brooks Act. Cost shall not be included in proposals and shall not be considered during selection. Proposals that contain cost information will be considered non- responsive. Hourly rates will be negotiated with the selected Professional prior to contract execution. A Disadvantaged Business Enterprise (DBE) goal may be set on individual federally funded Work Orders as needed. The professional should demonstrate the ability to meet potential DBE goals on future Work Orders. The awarded Professional(s) will be expected to sign the City’s standard Work Order-type Professional Services Agreement, a sample of which is attached as Section VII for reference purposes. 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. In the event that the City has agreements with multiple firms for this project, the City reserves the right to choose which Professionals to contact regarding the project, unless order of preference has been established during the contracting process. A firm ceiling price for FTA-funded work and FHWA/CDOT-funded work will each not exceed $1,000,000 per year. This firm ceiling price may be adjusted each year in the annual renewal process. RFP 9185 Construction Management Services Page 5 of 45 Potential Future Projects The below listed projects could potentially utilize the services by the Professional. This list should not be construed as a guarantee for any work but is meant to showcase the type of projects that could utilize the services of this Agreement. 1. Power Trail/Harmony: Grade separation of Power Trail and Harmony Road. Project includes federal funding. Total project cost ~$9M 2. Taft Hill: Widening of Taft Hill Road from 2 lanes to 4 lanes from Horsetooth south to Harmony. Project include federal funding. Total project cost ~$5.4M 3. Siphon Overpass: Grade separated trail crossing of Union Pacific railroad west of Timberline Road along the Mail Creek Ditch. Project includes federal funding. Total project cost ~$4.0M 4. College/Trilby: Intersection reconstruction to address safety and capacity issues. Project includes federal funding. Total project cost ~$5.5M 5. South Timberline: Widening of South Timberline Road from 2 lanes to 4 lanes from Stetson Creek to Trilby Road. Project includes federal funding. Total project cost ~$6.4M 6. Vine Bridge: Replacement of bridge structure along Vine Drive just west of Timberline Road. Project is locally funded. Total project cost ~$3M 7. Realigned Lemay: Realigning Lemay Avenue to the east just north of Lincoln Road, constructing a bridge over the railroad tracks and Vine Drive, and tying the realignment of Lemay back in at Conifer Street. Project is locally funded. Total project cost ~$24M 8. East Prospect: Widening East Prospect Road from 2 lanes to 4 lanes from Sharp Point Drive to Interstate 25. Project currently only has local funds. Total project cost ~$8M 9. Laporte Bridges: Replacement of two structures just east of Taft Hill Road. Project is locally funded. Total project cost ~$3.2M II. SCOPE OF PROPOSAL Scope of Work The City of Fort Collins is soliciting Construction Management services to be provided on an on-call, as-needed basis. The selected Professional can expect that most work orders awarded under this Agreement will be for construction management services for the City Engineering Department. However, this Agreement will be available for use by any City department including, but not limited to, Parks, Natural Areas, Streets, Traffic, Transfort and Utilities. Typically, City Engineering Department projects are primarily transportation infrastructure improvement projects. These projects include roadway improvements, intersection improvements, pedestrian infrastructure improvements, and bridge construction. A significant portion of City Engineering Department projects are funded through federal, state or other grants. Projects partially or fully funded through these sources are subject to Colorado Department of Transportation oversight and are referred to as Local Agency (LA) projects. LA projects have strict guidelines regarding construction requirements, RFP 9185 Construction Management Services Page 6 of 45 documentation, payroll, submittals, etc. It is expected that the Professional staff assigned to LA projects have sufficient knowledge, resources and experience to successfully manage all facets of construction, and meet all qualifications required by CDOT, FTA and FHWA. This on-call Agreement will primarily focus on assisting City Project Managers during the construction phases of a project. Some pre-construction work orders may also be needed. The following tasks may be required of the Professional. Specific scope will be defined on a project basis and will be outlined in each work order. The scope of each individual project as well as City staffing availability will be factored into the determination of the Professional’s staffing requirements for each Work Order. It is expected that the Professional’s staff individuals assigned to the project remain consistent throughout the project and that their performance meets the City’s expectations. In the event that any of the Professional’s personnel do not perform in accordance with the City standards and/or exectations, the City may exercise its right to request a suitable replacement in a timely fashion. In the event the Professional’s staff assigned to the project leaves the company, the Professional shall notify the City Project Manager immediately and identify alternatives for approval by the City Project Manager as soon as feasible and no later than 30 days. The City is committed to supporting principles of equity, diversity and inclusion; environmental and economic sustainability. The City is seeking Professionals that incorporate sustainable practices and a Triple Bottom Line approach into their standard practices. The City also encourages proposals from minority-owned business, including, but is not limited to Professionals certified as a Minority Business Enterprise, Minority Women Business Enterprise, Disadvantaged Business Enterprise, Veteran-Owned Small Business, and LGBT-Owned Business Enterprise. For a full list of certifications please visit: https://www.mbocolorado.com/what-we-do/types-of-certifications/. The City is also interested in Professionals who have implemented non-discrimination policies, employ a diverse workforce including subconsultants, and/or engage in inclusivity practices and/or trainings. Work Descriptions by Project Phase and Position Pre-Construction Support: 1. Thoroughly review all plans, specifications, reports, shop drawings, as-built plans, site conditions and other necessary project documentation to provide construction expertise 2. Providing constructability input on all facets of the project including: Construction phasing, accelerated bridge construction (methods and elements), structural foundations and walls, roadway safety improvements, traffic control, and potential value engineering 3. Evaluate construction means and methods that may influence design solutions, with considerations of cost and schedule impacts 4. Provide detailed cost estimating on projects. This task may be used to obtain an Independent Cost Estimate (ICE) for the City on Construction Manager/General Contractor (CMGC) projects. The City may also ask for cost estimates at varying levels of design on individual projects. Having the Professional develop a cost estimate for a project does not obligate the City to use the Professional on that project in a construction management roll. RFP 9185 Construction Management Services Page 7 of 45 Construction Support: 1. Construction Coordination: Regularly scheduled weekly and as-needed meetings will be conducted with the Contractor and other involved parties to review, update, and coordinate construction activities. Weekly meetings will include a review of issues that are impacting progress, the cost to complete the work, and significant situations encountered related to the construction of the project. Meeting minutes will be prepared to document items discussed, decisions reached, direction given, and actions to be taken. 2. Review of Contractor’s Method of Handling Traffic: Review and approve the Contractor’s Method(s) of Handling Traffic (MHT) submittals. During construction, monitor the Contractor’s MHT for implementation of traffic signing, barriers, and other traffic control measures in accordance with the approved plan. 3. Review of Construction for Conformance with Plans and Specifications: Monitor the Contractor’s construction activities with respect to the contract documents and relevant schedule submittals governing the performance of the work. Resolve construction problems and/or recommend action for their resolution, as they relate to changed field conditions or conflicts in the contract documents. Coordinate with the designer during construction for implementation of revisions to the plans as may be required. 4. Review of Progress Schedules & Processing Shop/Working Drawings Submitted by the Contractor: Schedule submittals shall be thoroughly reviewed for completeness and accuracy. Appropriate action shall be taken when deficiencies are noted. Submittals, design drawings, shop drawings, materials, and test procedures received from the Contractor will be forwarded to appropriate design personnel for review and approval. Approved drawings will be returned to the Contractor, as well as a copy retained for use during the remainder of the project. 5. Daily Quality Control Inspection & Quantity Control: Perform daily quality control inspections of construction activities to document activities performed and assessment of conformance with the contract documents. Inspection items may include but are not limited to excavation, backfill, and compaction operations; concrete placement; paving; drainage; utilities; structures (including but not limited to, substructures, pile driving, rebar installation, setting girders, bridge deck construction and finishing, etc.); signing and striping; landscaping; and traffic control installations. Quantities of work elements constructed will be measured and recorded to support the preparation and processing of progress pay estimates to the Contractor. Quantities will be documented in an interim quantity book for tracking of quantities constructed as compared to the original design quantities on the project. Quantities of work will be agreed upon with the Contractor and then reflected in monthly progress pay estimates prepared by the Consultant’s staff. Assist the City in resolving disputes in quantities with the Contractor prior to the preparation of the pay estimate. 6. Materials Testing: Direct, coordinate, supervise, monitor, manage and administer all materials sampling and testing to ensure that the required sampling, materials testing and documentation is obtained in a timely manner and maintained in accordance with the Materials Manual and Contract requirements to verify the quality of the work 7. Transportation Erosion Control Supervision: Understanding of and ability to complete erosion control site assessments, inspections, and associated record keeping for permit compliance. Understanding of current Best Management Practices (BMP’s), and ability RFP 9185 Construction Management Services Page 8 of 45 to evaluate drainage areas, and proper BMP application. This includes SWMP management and required inspections, as well as ensuring that all SWMP paperwork is up to date and completed properly. 8. Project Documentation: Maintain project submittal register, track project correspondence, check daily diaries, prepare inspectors progress reports, and complete appropriate City and CDOT paperwork and forms. 9. Check Surveying: Provide quality control surveying and quantity verification as needed. (If the Contract will include a Construction Surveying pay item, so the Contractor is responsible for performing all surveying required to properly layout and construct the work covered under the Contract.) Post Construction Support: 1. Completion, Inspection and Punch List: Conduct a final inspection with the Contractor, City of Fort Collins Project Manager, and City Maintenance representative(s) upon substantial completion. The result of the inspection is the development of a punch list of remaining and/or outstanding work to be performed by the Contractor prior to final project acceptance. 2. As-Constructed Drawings: Complete as-constructed drawings of work completed by the Contractor including final pay quantities. 3. Completion Inspection and Close-Out: Following the completion of all punch list items by the Contractor, conduct a final inspection with representatives from the Contractor and City, to confirm the completion of all work. The result of this inspection will constitute final project acceptance. 4. Preparation of Final Pay Estimate: Determine final quantities with appropriate supporting documentation (hard copy & digital as needed) and checks and prepare final pay estimate. Project Management: 1. Progress Reports: Prepare monthly progress reports for the City Project Manager documenting project progress, conformance with Contractor’s schedule, status of change orders, and potential or ongoing problems. 2. Change Orders: Prepare project change orders and minor contract revisions. Obtain City Project Manager’s pre-approval for all changes. 3. Project Coordination: Track, update and monitor project costs versus budget and notify the City Project Manager of anticipated problems in a timely manner. Coordinate project personnel including inspectors and material testers. 4. Certified Payroll: Review certified payroll documentation provided by the Contractor and conduct random interviews of Contractor employees to determine if the Contractor is in conformance with CDOT EEO/Labor Compliance policies. Inspection Services: 1. It shall be the inspector’s responsibility to ensure that all work is completed in accordance with City of Fort Collins Standards and Specifications in addition to the CDOT Construction Manual and the most current version of the CDOT Standard Specifications for Road and Bridge Construction. Each of the Professional’s field RFP 9185 Construction Management Services Page 9 of 45 inspectors shall maintain a daily diary for each day the Professional performs work on the project. They shall use CDOT’s Form 103 or automated 103a - Project Diary, or other form approved by the City Project Manager. The contents of the diary shall be brief and accurate statements of progress and conditions encountered during the prosecution of the work. A copy of the daily diary shall become a part of the permanent project record. Inspection responsibilities may include but are not limited to the following: a. Preparing and transmitting updates of construction activities to the City Project Manager for use in Public Information updates. b. Periodic reports and billings. c. Monitoring and documenting Contractor payroll compliance. d. Participation in weekly progress meetings with Contractor, subcontractors, utility companies and other interested parties. e. Securing project documentation from the Contractor. f. Anticipating project problems and directing solutions to the City Project Manager. g. Reviewing and approval of drawings and data submitted by the construction Contractor and suppliers for conformance with the specifications. h. Inform and obtain concurrence as needed from the City Project Manager and keep relevant documentation for project records. i. Maintaining accurate notes reflecting actual construction details to be used in preparation of as-constructed plans. j. Communicating with adjacent landowners and business owners as required toward resolving issues that arise due to construction. k. Review and approve the Contractor's Method of Handling Traffic if delegated by the City Project Manager. l. Monitoring compliance with and taking appropriate action to preserve safety on the project for all workers and traveling public in accordance with Method of Handling Traffic (MHT) and the Manual of Uniform Traffic Control Devices (MUTCD). m. Initial, follow up, and final inspections of work in progress including interim and final measurements and coordination with Materials Testing Consultant to ensure materials testing requirements are met. n. Promptly notifying Contractor of noncompliance with the contract plans and specifications. o. Performance of special tests, investigations, or monitoring which are required to fulfill the intent of the CDOT inspection program. p. Preparation of inspection documentation for development of progress payments for the contractor in accordance with prescribed procedures. q. Submittal of standard documentation reports no later than the following working day. RFP 9185 Construction Management Services Page 10 of 45 r. Preparation of routine correspondence to the Contractor and City Project Manager, and other applicable parties. s. Providing liaison and communication to Contractor field crews. t. Assist the design consultant with preparation of final “As Constructed” plans. u. Assist in preparing punch lists of uncompleted work, non-conformance reports, and deficiency notices. v. Assist in preparing responses to contractors' and suppliers' requests for information, submittals, change notices, claims, and correspondence. 2. Depending on specific project details and the availability of City staff, the Professional may be working in conjunction with City construction inspectors. The integration of team members from the Professional and the City will include emphasis on partnering and teamwork. Deliverables The Professional shall provide support in the formation and review of project documentation. All documents prepared by the Professional shall be prepared on behalf of the City of Fort Collins, and the Professional may not independently publish or distribute any document without prior written permission from the City of Fort Collins. The Professional 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 Professional shall provide status reports, progress reports, and other deliverables as required in a format proposed by the Professional and agreed to by the City Project Manager. The Professional 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 schedule determined by the City Project Manager. The Professional shall provide a web-based platform for all construction related documentation relating to the project and shall provide access to the City Project Manager. The following list does not constitute a complete list of deliverables that may be required during the performance of the Professional’s duties. Recurrences are subject to change and are dependent on project-specific details. The Professional and City Project Manager shall set the list of deliverables and recurrences prior to execution of the Work Order. The City Project Manager may change the list of deliverables and recurrences as deemed necessary. All references to days are in calendar days. • Progress Reports • Shop Drawing Submittal Tracking and Review • Schedule Tracking • Construction Contract Change Order Log • DBE/MBE/WBE & M/W Workforce Utilization Reports • Contract Week Look-Ahead Not all of the deliverables listed above are appropriate for every project, nor is the list all- inclusive for every project. It is expected that the Professional have a thorough RFP 9185 Construction Management Services Page 11 of 45 understanding of a wide variety of construction projects (types, sizes, contract values, etc.) and the ability to propose appropriate deliverables for each work order. These deliverables will be evaluated by the City Project Manager and additional items may be added or others removed. Professional Qualifications Personnel qualifications, staffing level, and number and types of vehicles shall be subject to the approval of the City Project Manager. The Professional shall assign personnel for the duration of the contract unless otherwise approved by the City Project Manager. All personnel will be required to operate a motor vehicle and each must possess and maintain a valid State of Colorado driver’s license. The Professional Engineer and the Consultant Project Engineer assigned to LA projects shall have FTA, FHWA and CDOT experience sufficient to successfully manage construction. All personnel assigned to any and all projects shall be thoroughly familiar with CDOT and Larimer County Urban Area Street Standards (LCUASS) specifications, manuals, forms and documentation requirements. The level of qualification provided shall be as requested and approved by the City Project Manager. The desired level of experience and qualifications outlined in the following schedule shall be maintained throughout the life of every contracted project as part of this agreement. If an individual leaves the project team, it is the City’s expectation that the replacement possesses the desired levels of experience and qualifications that were originally proposed. The table below outlines the City’s expectations of qualifications: Consultant Professional Engineer A minimum of eight (8) years of experience in project management and inspection work, with at least one (1) year of experience supervising project staff. The Consultant Professional Engineer shall be a licensed Professional Engineer in the State of Colorado. Additional LA Project Requirements – Must have managed at least one (1) project combining FHWA and CDOT requirements. Consultant Project Engineer A minimum of four (4) years of experience in assistant project management. Must also show experience working alongside and/or supervising construction inspectors. Additional LA Project Requirements – Must have managed at least one (1) project combining FHWA and CDOT requirements. Consultant Senior Construction Inspector A minimum of eight (8) years of experience in construction management and construction inspection of the same type as the contracted project, i.e. bridge, utility, roadway and/or vertical construction. Additional LA Project Requirements – Must have been involved in the construction and project documentation of at least one (1) project combining FHWA and CDOT requirements. CDOT certified in Basic Highway Math, Basic plan reading, Basic Surveying, and Transportation Erosion Control Supervisor RFP 9185 Construction Management Services Page 12 of 45 CDOT certified in Basic Highway Math, Basic plan reading, Basic Surveying, and Transportation Erosion Control Supervisor Construction Inspector A minimum of three (3) years of experience in construction inspection of the same type as the contracted project, i.e. bridge, utility, roadway and/or vertical construction. Additional LA Project Requirements – Must have been involved in the construction of at least one (1) project combining FHWA and CDOT requirements. CDOT certified in Basic Highway Math, Basic plan reading, Basic Surveying, and Transportation Erosion Control Supervisor A copy of work experience and proof of Certifications and/or Licensure for all personnel and any replacement personnel shall be provided to the City Project Manager prior to the beginning of work. Personnel 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 City Project Manager. DBE requirements for LA projects are project specific and determined by CDOT prior to advertisement. Requirements for Materials Testing It is anticipated that the City on-call Materials Testing Consultant will perform applicable materials-testing duties on the project. This is a separate contract managed by the City Project Manager that the Professional would be expected to also manage, if specified in the project work order. All sampling, testing and documentation shall be in accordance with the CDOT Construction Manual, Field Materials Manual and LCUASS. The applicable CDOT Manual shall be the edition currently in use at the time 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. The Professional shall be responsible for applicable documentation as it relates to inspection of testing and materials. The Professional shall not be responsible for performing actual testing requirements, but shall be responsible for ensuring applicable tests are scheduled and performed by the Materials Testing Consultant. If the required method is not described in the CDOT Field Materials Manual, the required work shall be completed in accordance with the following in the order listed: 1. AASHTO Standard Specifications for Transportation Materials and Methods of Sampling and Testing (as revised and supplemented), or 2. ASTM Standards The Materials Testing Consultant will be expected to report all findings to the Consultant Project Engineer, and 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 as plan approximate quantities increase or decrease. A field RFP 9185 Construction Management Services Page 13 of 45 copy of the physical property concrete tests will need to be submitted to the Professional’s Project Engineer 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 Professional’s Project Engineer shall review project quantities with the Materials Testing Consultant as needed in order to ensure that sufficient tests have been performed for all material placed to date. The Professional’s Project Engineer shall review with the Materials Testing Consultant (acting in a geotechnical capacity) all technical activities related to 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. Scheduling of testing for materials that are specifically designated to be pre-inspected or pre-tested shall be the responsibility of the Professional in accordance with this RFP. Submittal of Final Documentation Final documentation shall be submitted to the City Project Manager within 20 working days after completion of all work. A completed CDOT Form 250 or approved equivalent shall be submitted to the City Project Manager within 10 days after the Professional has been notified of final quantities. Failure to submit final documentation as required may result in withholding of payments. If the Professional is acting as the Professional Engineer, they may be required to stamp the Form 250 prior to submitting final documentation to CDOT at the direction of the City Project Manager. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: August 11, 2020 • Pre-Proposal Meeting: 2:00 PM MST on August 18, 2020 • Question deadline: 5:00 PM MST on August 28, 2020 • Proposal due date: 3:00 PM MST (our clock) on September 9, 2020 • Interviews (tentative): Week of September 28, 2020 • Award of Contract (tentative): Week of September 28, 2020 Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. RFP 9185 Construction Management Services Page 14 of 45 Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. Travel & Expenses Subject to the terms of the applicable Work Order, reasonable expenses will be reimbursable per the current rates found at www.gsa.gov. Subcontractors Professionals will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations The Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. Work Orders The awarded Vendor(s) will be required to sign the City’s Work Order type Professional Services Agreement, a sample of which is attached as Section VII for reference purposes. In the event that the City has agreements with multiple Vendors for the Work, the City reserves the right to request proposals for individual Work Orders assignments from the awarded Vendors or assign Work Orders directly to a Vendor at its sole discretion. Selection for individual Work Orders may be based on, but not limited to, availability, approach, prior experience, firm capability, and cost. Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion date, total cost and a summary of the Work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those submitted in the RFP response and subsequently included in the Agreement. No Work Order over $5,000 will be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Invoicing and Payment RFP 9185 Construction Management Services Page 15 of 45 Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional each month following the submittal of a correct invoice by the Professional indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Professional and the City will negotiate an appropriate unit price for the service prior to the Professional initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of twenty (20) double sided or forty (40) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers, Vendor Statement form - Section V and Certification Regarding Lobbying – Section VI). Brevity is appreciated and encouraged when possible. Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and should be limited to those pages which cannot be feasibly displayed on 8.5 x 11. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. The responses shall be considered technical offers of what Professionals propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non- responsive and subject to rejection. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. RFP 9185 Construction Management Services Page 16 of 45 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. C. Scope of Proposal 1. Project Understanding: Provide a summary of your team’s understanding of the project. 2. Project Approach: Describe your recommended approach to achieve each of the tasks outlined in the Scope of Work described above. The narrative should include any options that may be beneficial for the City to consider. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost-effective ideas to create a successful plan. 3. Describe how the project will be managed and who will have primary responsibility for the timely and professional completion. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. D. Firm Capability 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub consultants with titles and their specific task assignment for this project. Include a notation for the ones who are DBE certified. 2. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, work performed, contact name, email and phone number and a brief description of the work. 3. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel 1. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. 2. Provide a resume for each professional and technical person assigned to the project, including partners and/or sub consultants. Please limit resumes to one page. RFP 9185 Construction Management Services Page 17 of 45 3. Describe the availability of project personnel to participate in this project in the context of the vendor’s other commitments. 4. Provide a list of similar projects completed in the last five (5) years by the key members of the proposed team. F. Availability 1. Describe the availability of project personnel to participate in this project in the context of the vendor’s other commitments. 2. Describe the availability of other qualified personnel available to assist in meeting project schedules if required? G. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. Provide information on any minority, women, disadvantaged, veteran, LGBT, minority women owned business, or any other relevant certifications held by company or the subcontractors it plans to engage. For more information on these certifications please visit: www.mbocolorado.com/what-we- do/types-of-certifications/. Visit the Colorado Office of Economic Development and International Trade online database to search for certified businesses: www.mbocolorado.com/how-we-connect/minority-business-directory/. Please provide information on any non-discrimination policies held by your company. If your company engages in any inclusivity practices or trainings, please provide a brief description of those activities. Please also highlight areas of opportunity in the project where sustainability could be applied and/or improved. H. Certification Regarding Lobbying Vendor shall review, sign and submit with their proposal the Certification Regarding Lobbying found in Section VI. I. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VII) shall be documented. RFP 9185 Construction Management Services Page 18 of 45 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Professionals will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. Final score may include evaluation of elements from the written proposal and interview. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability/ motivation Is the firm flexible and motivated to work with the City to meet applicable project requirements? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? Is the firm interested in and capable of doing the work required? 4.0 Firm Capability & Scalability Has the firm done previous projects of this type and scope? Does the firm have the capacity to scale personnel to the needs of current contract? Is the firm flexible and able to accommodate many different personnel needs from inspector to Professional Engineer on different sized projects? Is the firm able to augment City staffing on projects as needed? 1.0 Sustainability & Diversity Does the firm provide detailed information on its commitment to Sustainability and Triple Bottom Line methodology (Social, Economic, and Environmental)? Is the company a certified minority business including but not limited to Women Business Enterprise, Minority Women Business Enterprise, Veteran-Owned Business Enterprise, LGBT-Owned Business Enterprise, or Minority Business Enterprise? Does the company hold any non-discrimination policies and/or engage in inclusivity practices and/or trainings? Does the firm employ a diverse workforce and consider Diversity, Equity and Inclusion when collaborating with subconsultants? RFP 9185 Construction Management Services Page 19 of 45 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 9185 Construction Management Services Page 20 of 45 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 21 of 45 VI. CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements 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 Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 22 of 45 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "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 any project Work Orders for , issued by the City. A blank sample of a work order is attached hereto as Exhibit A, consisting of ( ) page(s) and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s) and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. 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. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 23 of 45 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. 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. 6. Design, Project Insurance 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 attorney’s fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis designated in Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 24 of 45 Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of the 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. 10. Project Drawings. Upon request 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 quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Work Order, 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. 12. Independent Contractor. The services to be performed by the 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 the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 25 of 45 performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. 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. 15. 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. 16. 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. 17. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 18. 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. 19. 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 Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 26 of 45 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. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The 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. The 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. The 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 the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the 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 the 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. The 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. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 27 of 45 f. If the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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. 21. 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 and Exhibit - Federal Transit Administration Federally Required and Other Model Contract Clauses, consisting of eleven (11) pages, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 28 of 45 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 29 of 45 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 30 of 45 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 31 of 45 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 32 of 45 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 33 of 45 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the Work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 34 of 45 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. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 35 of 45 FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES TABLE OF CONTENTS 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES ......................................................................... 36 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ....................... 36 3. ACCESS TO RECORDS AND REPORTS ................................................................................................. 36 4. FEDERAL CHANGES ............................................................................................................................ 38 5. CIVIL RIGHTS REQUIREMENTS ........................................................................................................... 38 6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ........................................ 39 7. ENERGY CONSERVATION REQUIREMENTS ........................................................................................ 39 8. TERMINATION ................................................................................................................................... 39 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ................................ 41 10. BREACHES AND DISPUTE RESOLUTION ............................................................................................. 41 11. LOBBYING .......................................................................................................................................... 42 12. CLEAN AIR .......................................................................................................................................... 43 13. CLEAN WATER REQUIREMENTS ........................................................................................................ 44 14. SEISMIC SAFETY REQUIREMENTS ...................................................................................................... 44 15. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ............................................................................... 44 16. ADA ACCESS....................................................................................................................................... 45 17. CITY OF FORT COLLINS BID PROTEST PROCEDURES .......................................................................... 45 Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 36 of 45 I. 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. II. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307) 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. III. ACCESS TO RECORDS AND REPORTS (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17) Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 37 of 45 Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. 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) None Those imposed on state pass None None None None Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 38 of 45 b. Contracts above $100,000/Capital Projects None unless1 non-competitive award thru to Contractor Yes, if non- competitive award or if funded thru2 5307/5309/5311 None unless non-competitive award None unless non-competitive award None unless non-competitive award II Non State Grantees a. Contracts below SAT ($100,000) Yes 3 Those imposed on state pass thru to Contractor Yes Yes Yes Yes b. Contracts above $100,000/Capital Projects Yes 3 Yes Yes Yes Yes Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i) IV. FEDERAL CHANGES (49 CFR Part 18) Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. V. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) 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: Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 39 of 45 construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. VI. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1E) 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. VII. ENERGY CONSERVATION REQUIREMENTS (42 U.S.C. 6321 et seq. 49 CFR Part 18) 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. VIII. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1E) a. Termination for Convenience (General Provision) The (Recipient) 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 Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 40 of 45 close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) 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 (Recipient) 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 (Recipient) 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 (Recipient), 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 (Recipient) 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 (Recipient)'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 (Recipient) setting forth the nature of said breach or default, (Recipient) 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 (Recipient) 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 (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) 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 (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other 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. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 41 of 45 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. IX. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, 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. X. BREACHES AND DISPUTE RESOLUTION (49 CFR Part 18FTA Circular 4220.1E) 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 (Recipient)'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 (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 42 of 45 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 (Recipient) 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 (Recipient), (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. XI. LOBBYING (31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20) Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. 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) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 43 of 45 (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 XII. CLEAN AIR (42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18) 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 Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 44 of 45 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. XIII. CLEAN WATER REQUIREMENTS (33 U.S.C. 1251) 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. XIV. SEISMIC SAFETY REQUIREMENTS (42 U.S.C. 7701 et seq., 49 CFR Part 41) 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. XV. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26) of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises 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 2%. A contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. Official Purchasing Document Last updated 10/2017 RFP 9185 Construction Management Services Page 45 of 45 d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City of Fort Collins. In addition, the contractor may not hold retainage from its subcontractors and is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. e. The contractor must promptly notify the City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Fort Collins. XVI. 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. XVII. 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. 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