HomeMy WebLinkAboutRFP - 8094 BUILDING COMMISSION ANNUAL - FEDERALFinancial Services
City Of
Purchasing Division
215 N. Mason St. 2nd Floor
6rt
Collins
PO Box 580
Fort Collins, CO 80522
970.221.6775
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970.221.6707
fcgov.com/purchasing
REQUEST FOR PROPOSAL
8094 BUILDING COMMISSIONING ANNUAL - FEDERAL
The City of Fort Collins is requesting proposals from qualified firms to provide building
commissioning services annually, as requested, on a per project basis. This RFP may be used
for federal and non-federal funded projects. Consultants must be on the approved R-Cx and Cx
vendor list for both Fort Collins Utilities/Platte River Power Authority and Xcel Energy. Building
commissioning services shall be aligned with the City of Fort Collins Design Standards Section
01 91 00-Commissioning.
As part of the City's commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing(a_fcgov.com. If electing to submit hard copy
proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing
Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be
received before 3:00 p.m. (our clock), April 24, 2015 and referenced as Proposal No.
8094. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins,
Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please
note, additional time is required for bids mailed to the PO Box to be received at the
Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City's policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
Questions concerning the scope of the bid should be directed to Stu Reeve, CEM, Energy
Manager, Operations Services at (970) 221-6274 or sreeve@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen,
CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com.
All questions must be submitted in writing via email to Stu Reeve , with a copy to
John Stephen, no later than 5:00 PM our clock on April 16, 2015. Questions received after
this deadline will not be answered.
A copy of the RFP may be obtained at www.rockvmountainbidsystem.com.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. All provisions of any contract resulting from this request for proposal will be
public information.
New Vendors:
RFP 8094 Building Commissioning Annual - Federal Page 1 of 33
Acceptance Phase
• Functional Performance Testing Reports
• Coordination with owner representatives
• Deficiency Reports
• Operation and Maintenance Review
• Operation and Maintenance training agenda reviews
• Preventive Maintenance Database
• Commissioning Report
• LEED Commissioning Certification Documents
Warranty Phase
• As -built Documentation Review Report
• Seasonal Testing Reports
• Coordination with owner representatives
• End of Warranty Period Review
REVIEW AND ASSESSMENT
Professional firms 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 firms may be conducted.
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
Does the proposal address all elements of the RFP?
Does the proposal show an understanding of the
2.0
Scope of Proposal
project objectives, methodology to be used and
results/outcomes required by the project. Are there
any exceptions to the specifications, Scope of Work, or
agreement?
Do the persons who will be working on the project have
2.0
Assigned Personnel
the necessary skills and qualifications? Are sufficient
people of the requisite skills and qualifications
assigned to the project?
Can the work be completed in the necessary time?
Can the target start and completion dates be met? Are
1.0
Availability
other qualified personnel available to assist in meeting
the project schedule if required? Is the project team
available to attend meetings as required by the Scope
of Work?
1.0
Motivation
Is the firm interested and are they capable of doing the
work in the required time frame?
RFP 8094 Building Commissioning Annual - Federal Page 10 of 33
Does the firm have the resources, financial strength,
capacity and support capabilities required to
3.0
Firm Capability
successfully complete the project on -time and in -
budget? Has the firm successfully completed previous
projects of this type and scope?
1.0
Is the primary firm a UDBE or has the primary firm
UDBE
submitted UDBE participation with sub -consultants?
RFP 8094 Building Commissioning Annual - Federal Page 11 of 33
REFERENCE EVALUATION (TOP RANKED FIRM)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did they show the
skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Was the Professional responsive to client needs; did the
Completeness
Professional anticipate problems? Were problems solved
quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction contract,
Job Knowledge
was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
RFP 8094 Building Commissioning Annual - Federal Page 12 of 33
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 "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 ( ) pages and is incorporated
herein by this reference. The City reserves the right to independently bid any project
rather than issuing a Work Order to the Professional for the same pursuant to this
Agreement. Irrespective of references in Exhibit A to certain named third parties,
Professional shall be solely responsible for performance of all duties hereunder.
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 ( ) 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.
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:
City of Fort Collins City of Fort Collins
Attn: Attn: Attn: Purchasing Dept.
RFP 8094 Building Commissioning Annual - Federal Page 13 of 33
PO Box 580 PO Box 580
Fort Collins, CO 80522 Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
6. Design, Protect 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 Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of ( ) page(s), attached hereto and
incorporated herein by this reference. At the election of the City, each Work Order may
contain a maximum fee, which shall be negotiated by the parties hereto for each such
Work Order. Monthly partial payments based upon the Professional's billings and itemized
statements are permissible. The amounts of all such partial payments shall be based
upon the Professional's City -verified progress in completing the services to be performed
pursuant to the Work Order and upon approval of the Professional's direct reimbursable
expenses. Final payment shall be made following acceptance of the work by the City.
Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
8. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing
accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable mylar base material using a non -fading process to provide for long
storage and high quality reproduction. "CD" disc of the as -built drawings shall also be
submitted to the owner in and AutoCAD version no older then the established city
RFP 8094 Building Commissioning Annual - Federal Page 14 of 33
standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any
Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work
Order, Work Schedule and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial
payment request.
11. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
12. Subcontractors. 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 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.
13. 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.
14. 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.
15. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
16. Remedies. In the event a party has been declared in default, such defaulting party shall
RFP 8094 Building Commissioning Annual - Federal Page 15 of 33
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -
defaulting party commences legal or equitable actions against the defaulting party, the
defaulting party shall be liable to the non -defaulting party for the non -defaulting party's
reasonable attorney fees and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
18. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in Public Law 208,
104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"),
an employment verification program established pursuant to Section 8-17.5-
102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Professional is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Professional shall:
RFP 8094 Building Commissioning Annual - Federal Page 16 of 33
1. Notify such subcontractor and the City within three days that Professional has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Professional shall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the "Department") made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Professional shall be liable for actual and
consequential damages to the City arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
20. 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) pages, attached hereto and incorporated herein by this reference.
RFP 8094 Building Commissioning Annual - Federal Page 17 of 33
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
THE CITY OF FORT COLLINS, COLORADO
M
Gerry Paul
Director of Purchasing & Risk Management
Date:
[INSERT PROFESSIONAL'S NAME] OR
[INSERT PARTNERSHIP NAME] OR
[INSERT INDIVIDUAL'S NAME] OR
in
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
RFP 8094 Building Commissioning Annual - Federal Page 18 of 33
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of _ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
PROFESSIONAL
93
Date:
CITY OF FORT COLLINS
Bv:
Project Manager
Date:
By:
Gerry Paul
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
RFP 8094 Building Commissioning Annual - Federal Page 19 of 33
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.fcqov.com/purchasing under Vendor Reference Documents.
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.
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.
Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of
the organization's philosophy and approach to Sustainability. In no more than two (2) pages
please describe how your organization strives to be sustainable in the use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates
the Triple Bottom Line into our decision process by including economic (or financial),
environmental, and social factors in our evaluation.
The selected Service Provider shall be expected to sign the City's standard Agreement without
revision prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 8094 Building Commissioning Annual - Federal Page 2 of 33
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.
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:
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.
RFP 8094 Building Commissioning Annual - Federal Page 20 of 33
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to
this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City's remedies at law for a breach of the
Professional's obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
RFP 8094 Building Commissioning Annual - Federal Page 21 of 33
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federallv Reauired and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES................................................................1
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS.......................................................................................................................................................1
3. ACCESS TO RECORDS AND REPORTS.......................................................................................1
4. FEDERAL CHANGES.....................................................................................................................3
5. TERMINATION................................................................................................................................3
6. CIVIL RIGHTS REQUIREMENTS....................................................................................................6
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE).....................................................................7
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............................8
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ......................8
10. LOBBYING......................................................................................................................................9
11. CLEAN AIR....................................................................................................................................11
12. CLEAN WATER REQUIREMENTS...............................................................................................11
13. CITY OF FORT COLLINS BID PROTEST PROCEDURES...........................................................11
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of
termination or expiration of this contract, except in the event of litigation or settlement
of claims arising from the performance of this contract, in which case Contractor
agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operationa
I Service
Contract
Turnkey
Constructio
n
Architectural
Engineering
Acquisitio
n of
Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below
None
Those
None
None
None
None
SAT ($100,000)
imposed on
state pass
thru to
b. Contracts above
None
Contractor
Yes, if non- !
None unless
None
None unless non-
$100,000/Capital
unless'
competitive
non-
unless
competitive award
Projects
non-
award or if
competitive
non-
competitive
funded thru2
award
competitiv
award
5307/5309/5
e award
311
II Non State Grantees
a. Contracts below
Those
SAT ($100,000)
Yes
imposed on 1
Yes
Yes
Yes
Yes
non -state
b. Contracts above
Grantee
$100,000/Capital
pass thru to 'Yes
Projects
Yes3
Contractor
Yes
Yes
Yes
Sources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i)
FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
TERMINATION
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 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.
E. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
3
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
F. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
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.
G. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
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).
H. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within
this time, or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. In this event, the Recipient may take over the work and compete it by contract
or otherwise, and may take possession of and use any materials, appliances, and
plant on the work site necessary for completing the work. The Contractor and its
sureties shall be liable for any damage to the Recipient resulting from the Contractor's
refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any
increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
11
causes include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient),
the delay is excusable, the time for completing the work shall be extended. The
judgment of the (Recipient) shall be final and conclusive on the parties, but subject
to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued for the
convenience of the Recipient.
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.
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.
Termination for Convenience of Default (Cost -Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on
the Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to
the Contractor by the (Recipient). If the termination is for default, the (Recipient) may
fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to
the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the (Recipient) and the parties shall negotiate
the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seg., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
G7
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.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for
DBE participation is _ %. A separate contract goal [of _ % DBE participation has]
[has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
c. (If a separate contract goal has been established, use the following)
Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53. Award of this contract is conditioned on submission of the following
[concurrent with and accompanying sealed bid] [concurrent with and
accompanying an initial proposal] [prior to award]:
1. The names and addresses of DBE firms that will participate in this
contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror's commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as
provided in the prime contractor's commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerors] must present the information required above [as a matter of
responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR
26.53(3)).
{If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained
through race -neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor's receipt of payment for that work from the City of Fort Collins. In addition,
[the contractor may not hold retainage from its subcontractors.] [is required to
Request for Proposal
7173 Building Commissioning Annual - Federal
The City of Fort Collins is requesting proposals from qualified consultants to provide building
commissioning services annually, as requested, on a per project basis. The building
commissioning services may be provided during the design, construction, acceptance and
warranty phases of a project and the work will be initiated by work orders. A copy of the City's
standard Work Order Services Agreement is attached along with a sample work order form.
The agreement will be effective for a period of one year from the date on the Services Agreement,
and will be renewable for four (4) additional one-year terms at the option of the City. Prices shall
remain the firm for the first renewal term.
Since this is a Federal RFP, please do not include any fees. Proposals with fees will be
disqualified.
ANTICIPATION OF TECHNICAL APPROACH TO COMMISSIONING
Building commissioning is a comprehensive and systematic process to verify that the systems
and building envelope of a new construction project perform as designed to meet the owner's
requirements. The approach to commissioning is to form a cooperative commissioning team
involving the owner, design team and general contractor and appropriate sub -contractors to
design and deliver effective, efficient, high performance buildings. Commissioning is a
structured process to verify and document that applicable building systems and building
envelope meet the design intent and owner's operational requirements.
The commissioning agent is involved in design reviews, construction documents review, design
intent and basis of design documentation and a variety of functional testing tasks and
performance verification. A common objective of all these activities is to identify and resolve
operational and performance issues at the earliest possible time, because to do so saves time
and money.
Design and construction document reviews identify and resolve construction, operation and
maintenance issues before they can become physical mechanical problems. Construction
observation and pre -functional inspection checklists formalize the start-up process, ensuring
that equipment or systems are ready for acceptance testing. Functional performance testing
becomes a management tool for the owner to fully understand the "completion stage" of a
facility construction process and associated acceptance and payment procedures.
Short-term monitoring and data logging shall ensure that the installed system equipment and
building envelope performs optimally, and that the functional performance testing process did
not miss identifying operation performance problems.
As a formal process, commissioning identifies and resolves operational and performance
problems during the design, construction, equipment start-up and acceptance phases of a
project. Another benefit of a formal commissioning process is the active participation of the
buildings operation and maintenance (O&M) staff in the commissioning process. The O&M
staff's participation in the commissioning activities support their efforts to operate and maintain
the commissioned systems at peak performance.
RFP 8094 Building Commissioning Annual - Federal Page 3 of 33
return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.] [is
required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor's work by the City of
Fort Collins and contractor's receipt of the partial retainage payment related to
the subcontractor's work.]
e. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Backaround and ADDlicabilit
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government -wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
0
Clause Lanquage
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert
agency name}. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to {insert agency name}, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part
20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
M
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf
with non -Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted
with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be
codified at 2 U.S.C. 1601, 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
10
Date
CLEAN AIR
Clean Air —
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
CLEAN WATER REQUIREMENTS
Clean Water —
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
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 c(D,fcgov.com or calling 970-221-6775.
11
COMMISSIONING STATEMENT OF WORK
The building commissioning services shall be provided during the design, construction,
acceptance and warranty phases of the project as described below. These services shall be
undertaken in cooperation with and in coordination with the building owner, the architectural and
engineering design team, the general contractor, the involved subcontractors, various
equipment suppliers and the building operation and maintenance staff. Building systems that
may be commissioned include, but are not limited to, all mechanical systems, plumbing
systems, HVAC, fans, motors, pumps, electrical systems, lighting, and building envelope.
QUALIFICATION AND SUBMISSION REQUIREMENTS
Only firms that have the required approval by Fort Collins Utilities/Platte River Power Authority
and Xcel Energy are encouraged to submit proposals. Firms shall submit, at minimum, the
following information in this order:
1. Company history and experience in providing commissioning services as described in
this RFP.
2. State your firm's commitment to, and experience with, integrated, high-performance
buildings and sustainable design. List six (6) projects completed within the past 3 years
and the scope of your commissioning services.
3. Provide information, including credentials, of the person(s) with your firm who will be
assigned to this commissioning contract.
4. Describe any unique capabilities/experience your key staff will bring to the
commissioning effort.
5. Describe your firm's experience with the US Green Building Council's LEEDTm Green
Building Rating System and the ENERGY STAR Certification and Rating System.
6. Provide references from three or more organizations or municipalities, which have used
your firm for "similar services" within the past five years.
Submit the following information relative to each reference listed:
a. Name and address of referenced user or client.
b. Name, title and telephone number of contact person for referenced user or client.
c. A description of services provided for the referenced user or client.
d. Dates/time-frame in which services were provided for the referenced user or
client.
7. The City of Fort Collins operates Johnson Controls Metasys (BAS) building automation
system. Describe your firm's experience with this specific operating system.
8. Since this is a Federal RFP, please do not include any fees. Proposals with fees will be
disqualified.
RFP 8094 Building Commissioning Annual - Federal Page 4 of 33
SCHEDULE
RFP Questions Due
RFP Due
Short List
Interviews
April 16, 2015
April 24, 2015
Week of May 4, 2015
Week of May 11, 2015
DESIGN PHASE COMMISSIONING ACTIVITIES
The Professional shall consider all aspects of the design from the owner's (building operation
and maintenance staff) perspective. The Professional, in cooperation with the design team, will
undertake the following activities:
Develop Owners Protect Requirements
In collaboration with the City of Fort Collins, Architect, and the design team, the
commissioning agent will develop the Owners Project Requirements (OPR). The
purpose of this document is to provide clear and concise documentation of the Owners
goals, expectations, and requirements for building systems, and shall be utilized
throughout the project as the baseline for comparison of design and performance
criteria. The OPR will require an overall review of the City's Design Standards and
alignment specific to each project.
2. Design review of construction documents
a. Design review at 30% design development
The 30% design development review seeks to identify building system and building
envelope design issues and potential operation and maintenance issues that should
be addressed during the design development phase of the project. At this point in
the design phase, the building system and building envelope designs are being
defined and many decisions crucial to overall building performance, operation and
maintenance are being made. This review is designed to adequately determine
whether the targeted building systems and building envelope are likely to meet the
design goals. Coordination with the energy modeling provider is also expected by
the commissioning agent. Confirm that design components meet the City of Fort
Collins Design Standards.
b. Design review at 70% construction documents
The 70% construction documents review is undertaken to ensure that each building
system and building envelope being commissioned can be commissioned, and that
these systems will meet the design goals, the customer's needs, operational and
maintenance requirements, and various equipment and system controls criteria.
Confirm that design components meet the City of Fort Collins Design Standards.
c. Design review at 95% construction documents
This review focuses on determining if the construction documents and related
contract documents contain sufficient detail and are adequately specified to fully
define the operational requirements of the project. The 95% construction document
review is undertaken to ensure that the design achieves the major goals relative to
functionality, energy performance, maintainability, and indoor environmental quality.
Coordination with the energy modeling provider is also expected by the
commissioning agent. Confirm that design components meet the City of Fort Collins
Design Standards.
RFP 8094 Building Commissioning Annual - Federal Page 5 of 33
3. Develop commissioning specifications
In cooperation with the design team, the professional shall prepare and incorporate
commissioning specifications into the construction documents. The commissioning
specifications describe the scope and requirements for commissioning, building
envelope commissioning, as well as the roles and responsibilities of the general
contractor, installing subcontractors, owner personnel and the commissioning agent.
Substantial Completion of the City of Fort Collins requires commissioning agent and
owner approval.
4. Prepare preliminary Commissioning Plan and Schedule
The Commissioning Plan describes the implementation of the commissioning process
and provides a framework for integration of commissioning activities into the construction
and acceptance process. The Commissioning Plan also provides an agenda for
organizing and focusing the commissioning scoping meeting. The Commissioning Plan
expands to incorporate more information as the design, construction and start-up phases
of the facility are completed. The Commissioning Plan will be updated during the
construction and warranty phases.
The commissioning schedule will be generated by the commissioning agent and will
include all project milestones and commissioning milestones. The schedule will clearly
indicate the order of events that are required for proper execution of the commissioning
process. Substantial Completion requires commissioning agent and owner approval.
CONSTRUCTION PHASE COMMISSIONING ACTIVITIES
1. Conduct commissioning scoping meeting
The scoping meeting brings together all members of the design and construction team
that will be involved in the commissioning process. Each building system to be
commissioned is addressed, including its intended operation, commissioning
requirements plus completion and start-up schedules. During the scoping meeting, all
parties agree on the scope of work, tasks, schedules, deliverables and responsibilities
for implementation of the Commissioning Plan.
2. Review submittals
Submittals are reviewed prior to construction. The scope includes all submittals related
to equipment and systems to be commissioned. The submittals are reviewed for
compliance with construction documents and the design goals. Temperature control
submittals are carefully reviewed to ensure that all information is provided for a fully
functional and efficient system. Confirm that all submittals meet the City of Fort Collins
Design Standards.
3. Building automation system interface and approved submittal coordination meeting
Coordinate a meeting with the owner representatives, mechanical engineer, building
automation system provider, general contractor, and architect regarding specific point to
point sequence of operation of designed HVAC equipment operation and any interface
to lighting systems, once applicable submittals have been approved.
4. Create pre -functional inspection checklists and functional performance test plans
Pre -Functional Inspection Checklists are developed for all major equipment and systems
being commissioned (including the building envelope). The checklists capture
equipment nameplate and characteristics data and confirm the as -built status of the
RFP 8094 Building Commissioning Annual - Federal Page 6 of 33
equipment or system. The checklists include equipment start-up requirements, either
from the manufacturer or installing subcontractor.
5. Create functional performance test plans
Functional performance plans are written to ensure that all systems are run through the
complete sequence of operation. The functional testing plans are reviewed by the
design team, owner and installing subcontractor(s) before they are implemented in the
Acceptance Phase.
6. Verify pre -functional inspection checklists
The pre -functional inspection checklists, completed by the installing subcontractors, are
verified for completeness and accuracy. The verification step is one of several
prerequisites to the start of functional performance testing during the acceptance phase.
Include the owner's representatives in witnessing pre -functional testing with a one week
notice prior to the testing.
7. Conduct construction observation
On -site observations are conducted to verify compliance with manufacturer's installation
and start-up instructions and recommendations, compliance with the design intent and
meeting the requirements for efficient operation and maintenance. Testing, adjusting
and balancing (TAB) observation will verify TAB methods and procedures on both
airside and waterside systems. Commissioning will also include verification of the TAB
as a prerequisite to substantial completion. The verification procedure will spot check air
and water flow rates at locations selected by the commissioning engineer. Regularly
scheduled meetings are held for site coordination, reporting on construction and
commissioning progress and resolution of any identified issues or deficiencies.
Construction observation activities will be coordinated with the owner's operation and
maintenance staff to facilitate their participation in the commissioning process and
familiarize them with the building systems that they ultimately will be required to operate
and maintain.
Witness equipment startup
Equipment start-up should always be performed by the manufacturer's representative,
but also requires the attendance of the appropriate mechanical engineer and
commissioning agent to verify that proper startup procedure has occurred and the
equipment is operating per the specification requirements. Include the owner's
representatives in witnessing pre -functional testing with a one week notice prior to the
testing.
ACCEPTANCE PHASE COMMISSIONING ACTIVITIES
1. Complete functional performance testing
Under the supervision of the professional commissioning staff, the installing
contractor/subcontractor performs the hardware and/or software manipulations called for
in the function performance test plan. The building owner's operation and maintenance
staff should also be present in order to witness and/or assist in system manipulations
and observations. The professional commissioning staff directs witnesses and records
the results of functional performance testing. Testing occurs on all systems being
commissioned.
2. Document deficiencies
RFP 8094 Building Commissioning Annual - Federal Page 7 of 33
All deficiencies identified during the function performance test and other verification
testing activities are documented and reported to the owner, the general contractor, and
the installing subcontractor. The deficiency report includes all details of the components
or systems found to be non -compliant with the parameters of the test plans and contract
documents. The report details the adjustments or alterations required for correcting the
system operation, and identifies the responsible party.
3. Review operation & maintenance manuals and training programs
The Operation and Maintenance (O&M) manuals are reviewed for completeness,
usefulness and for adherence to the requirements of the specifications. The contracting
team is responsible for providing training in their specific areas. The commissioning
agent will help to organize and facilitate the training schedule with both the building
owner's operation and maintenance staff and the contracting team. The agenda for staff
training programs is reviewed. Materials may be added, or requested from the
subcontractors, to stress and enhance the importance of system interactions,
troubleshooting and long-term preventative maintenance and operation. Training
sessions for commissioned systems will be attended and videotaped by the
commissioning engineer, with careful coordination with the building's operation and
maintenance staff.
4. Substantial Completion
Confirm all commissioning activities are complete and all systems under the
commissioning contract are complete per the project design. Include the design team,
general contractor, owner, building automation contractor, HVAC contractor, and electric
contractor to confirm Substantial Completion requirements are met.
5. Complete commissioning report and LEED documentation
A final Commissioning Report is compiled which summarizes all of the tasks, findings
and documentation of the commissioning process. The report addresses the actual
performance of the building systems in reference to the design intent and construction
documents. Documentation of Warranty Phase commissioning activities is added to the
report after the warranty period is complete.
The Commissioning Report includes:
• An evaluation of the operating condition of the systems at the time of functional test
completion
• Deficiencies that were discovered and the measures taken to correct them
• Functional test procedures and results
• Reports that document all commissioning field activities as they progressed, and a
description and estimated schedule of required deferred testing
• LEED Documentation: Documentation will address and certify the LEED section on
"Energy and Atmosphere" Pre -requisite 1.0 titled "Fundamental Building Systems
Commissioning" and the LEED Credit 3 titled "Additional Commissioning"
• Re -commissioning management manual (if LEED Additional Commissioning Credit 3
is desired)
RFP 8094 Building Commissioning Annual - Federal Page 8 of 33
WARRANTY PHASE COMMISSIONING ACTIVITIES
The Warranty Phase activities will be coordinated with the building owner's operation and
maintenance staff to facilitate their participation in the commissioning process, and to provide a
more robust understanding of the operation and performance of the commissioned building
systems.
Review as -built documentation
The as -built documentation is reviewed to verify consistency with field conditions. The
as -built documentation includes control schematics and sequences of operation.
Complete seasonal testing (LEED Additional Credit)
Seasonal variation in operations or control strategies may require additional testing
during the opposite season to verify performance of the HVAC system and controls.
During the warranty period, seasonal testing and other deferred testing is completed as
required to fully test all sequences of operation.
Complete end -of -warranty review (LEED Additional Credit)
At the end of the warranty period, the professional will conduct a review of system
operation, including interviews with building occupants and the operation and
maintenance staff.
USGBC — LEED ACREDITATION
Sustainable Design
The City of Fort Collins goal is that each new construction project will be designed using the U.
S. Green Building Council's (USGBC) LEED [tm] Green Building Rating System for new
construction and major renovations to earn at least a "gold" level certification. The
commissioning professional shall perform all services with the intent of achieving this standard.
The City of Fort Collins also recognizes Design to Earn the ENERGY STAR and ENERGY
STAR Certification as a measure of high performance excellence.
ANTICIPATION OF DELIVERABLES:
Design Phase
• 30% Design Development Phase Design Review
• 70% Construction Documents Design Review
• Commissioning Specifications
• Preliminary Commissioning Plan with Schedule
• 95% Construction Documents Design Review
Construction Phase
• Commissioning Scoping Meeting Minutes
• Submittal Review Reports, as appropriate
• Building automation system and approved submittal coordination meeting
• Pre -functional Checklists for all equipment and systems to be commissioned
• Coordination with owner representatives
• Construction Observation Reports
• Deficiency Reports
RFP 8094 Building Commissioning Annual - Federal Page 9 of 33