HomeMy WebLinkAboutRFP - 7496 LEED / SUSTAINABILITY CONSULTING SERVICESAddendum 1 - Page 1 of 3
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7496: LEED / SUSTAINABILITY CONSULTING SERVICES
OPENING DATE: 3:00 PM (Our Clock) April 12, 2013
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed in the following
sections of this addendum:
RFP Q & As:
1. Please clarify the deadline to submit the proposal.
A. Proposals are Due 3:00 pm on April, 12, 2013
2. Is there a page limit for the proposal?
A. Please limit your proposal to a maximum of 25 pages
3. How many firms will be asked to interview?
A. We plan to interview the top 3 Firms
4. Who will participate in the interview on behalf of the City and who is the selection committee?
A. City staff as selected will be on the selection committee
5. Who will oversee the sustainability consultant on behalf of the City and who will be the primary
point of contact?
A. The project manager for each particular project will issue work orders and oversee the scope
of work.
6. What type of sustainability consulting services are contracted, if any, through project design
teams?
A. The intent is for the City of Fort Collins to hire a consultant to help with projects and look
out for the City’s interest. The project design teams and contractors will bring their own
LEED/Sustainability services.
7. Is City’s consultant precluded from participation on a project design team?
A. The intent of this RFP is for the City of Fort Collins to hire a consultant to look out for the
City’s interest and work with the project team to help ensure sustainability is a high priority. If
this consultant was also on the project design team it would propose a conflict of interest.
8. Can the City of Fort Collins provide any details about the “potential projects” listed under Chapter
1, Section 1-General ?This will allow the prospective consultant to draw comparisons to
experience with similar projects.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
Addendum 1 - Page 2 of 3
A. Potential projects:
1. Senior Center Expansion – 15,000 SF
2. Nix’s Farm – 4,300 SF
3. Utilities Expansion – 35,000 SF New, 65,000 SF Renovation
4. Fire Station #8 – 22,000 SF
9. Will the successful team(s) be precluded from being awarded other City of Fort Collins contracts
while this contract is in force?
A. NO but see #7
10. Does the City anticipate that Federal funds will be used to procure any of the currently identified
projects listed on page 4 of the RFP?
A. Not at this time.
11. In regards to disadvantaged business enterprise (DBE) participation, Section 7a of the RFP
indicates that "a separate contract goal been established for this procurement." Please articulate
DBE goals for this procurement, if any.
A. There is no DBE goal for this procurement.
12. Does the City intend to select one consultant for the scope described in the RFP? Does the City
retain the right to select multiple firms to perform the work?
A. The City intends to work with one consultant, but has the right to contract with others if
necessary.
13. The RFP notes that the selected firm may be involved in the UCS and Sustainability Admin/Block
32 project. Can you elaborate on how the firm would be expected to coordinate with the
LEED/Sustainability team member of the consultant selected for that project?
A. The consultant hired through this RFP would be in place to help look out for the City’s
interest. The project design team and the contractor will need to have their LEED/Sustainability
consultants to assist them with meeting the required goals and processing documents for LEED
or Energy Star Certification.
14. Given the significant expertise FCU has in-house with respect to design assistance, energy
modeling, and other topics, what would be the role(s) of City staff on this project?
A. The role of City staff would not change, but the sustainability consultant will add more robust
process facilitation and overall green building coordination.
15. Page 5 of the RFP mentions preparation of construction documents. Can you please elaborate on
what would be expected of the selected firm with respect to drawing and construction document
preparation?
A. The consultant will not be required to furnish drawings, but must be capable of reading the
drawings provided by others and provide input.
16. Page 6 and 7 (Consulting Firm Selection Process) outline minimum requirements for the RFP
response. Additional (but similar) items are outlined on pages 12 and 13 (Chapter 4 -
Qualification Requirements). Would you like respondents to submit responses to both sets of
questions?
A. Please provide answers to all questions in the RFP.
Addendum 1 - Page 3 of 3
17. Will the City consider consulting teams that include more than one firm, as long as the firms and
staff are identified in the RFQ response?
A. Yes, provide information and an organizational chart showing the team matrix.
18. Does the City have any reservation in hiring the same firm to complete the LEED / Sustainability
scope and the Energy Modeling Scope (as described in RFP #7497)?
A. The same firm could be hired to perform both scopes if they meet the qualifications. The City
would issue separate work orders, one for each scope of work.
19. Can the City of Fort Collins provide anticipated design and construction schedules for the
“potential projects” listed under Chapter 1, Section 1-General (page 4 of 34)? This will allow the
prospective consultant the ability to determine staff availability.
A. Projects listed for question 8 are the ones anticipated for the first year, but no guarantee on
the number of projects or work orders.
20. The RFP mentions that “the City uses FM: Space-Mgt software by FM:Systems” under Chapter 1,
Section 2-Requirements . Will the prospective consultant be required to use this software for
delivery of services under this contract?
A. This paragraph was for information, but do not feel the consultant would have to use this
software for delivery of their services.
Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with
any questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS
ADDENDUM HAS BEEN RECEIVED.
RFP 7496 LEED / Sustainability Consulting Services Page 1 of 34
REQUEST FOR PROPOSAL
7496 LEED / SUSTAINABILITY CONSULTING SERVICES
The City of Fort Collins is requesting proposals from qualified firms to provide
LEED/sustainability consulting services related to the design and construction of new
buildings to be completed.
Proposals submission via email is preferred. Proposals shall be submitted n
Microsoft Word or PDF format and e-mailed to: purchasing@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 will be received before 3:00 p.m. (our clock), April 12,
2013 and referenced as Proposal No. 7496. If delivered, they are to be sent to 215
North Mason Street, 2
nd
Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Please send all questions by email. Deadline for questions is April 3, 2013.
Questions concerning the scope of the project should be directed to Project Manager,
Brian Hergott at (970) 221-6804 or bhergott@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.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
The City of Fort Collins is subject to public information laws, which permit access to
most records and documents. Proprietary information in your response must be clearly
identified and will be protected to the extent legally permissible. Proposals may not be
marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to
material treated as confidential in the normal conduct of business, trade secrets,
discount information, and individual product or service pricing. Summary price
information may not be designated as proprietary as such information may be carried
forward into other public documents. All provisions of any contract resulting from this
request for proposal will be public information.
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 7496 LEED / Sustainability Consulting Services Page 2 of 34
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.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
RFP 7496 LEED / Sustainability Consulting Services Page 3 of 34
TABLE OF CONTENTS
CHAPTER 1 – GENERAL INFORMATION ............................................................................................................... 4
CHAPTER 2 – OBJECTIVES ....................................................................................................................................... 8
CHAPTER 3 – SPECIAL INTERFACES ................................................................................................................... 11
CHAPTER 4 – QUALIFICATION REQUIREMENTS ............................................................................................. 12
CHAPTER 5 – PROPOSAL EVALUATION CRITERIA .......................................................................................... 14
CHAPTER 6 – SAMPLE PROFESSIONAL SERVICES AGREEMENT ................................................................. 16
FEDERAL TRANSIT ADMINISTRATION……………………………………………………………………….24
RFP 7493 LEED / Sustainability Consulting Services Page 4 of 34
CHAPTER 1 – GENERAL INFORMATION
1. GENERAL
This RFP is for a LEED/Sustainability specific consultant. The City will also be hiring an
Energy Modeling Consultant through separate RFP process and already has an existing
agreement for a Building Commissioning Consultant.
The City is adding federal terms and conditions to this project so we can use it for any
future federally funded projects. Please do not provide pricing. The City will negotiate
price with the selected consultant.
The City of Fort Collins has several projects on the horizon which will soon be in design
and later being constructed and is seeking qualifications for exceptional
LEED/Sustainability consultant to help the design team for the conceptual planning and
design of buildings and then help during construction to ensure the City is achieving the
full potential of the sustainability goals. Some potential projects to be involved with:
• Senior Center Expansion and Renovation
• Utilities Customer Service Expansion and Sustainability Admin Project
• New City Hall
• New Building for Occupants at 281 N College & Operational Services
• Downtown Park Maintenance
• Parking Garage for new development on Block 32
• Poudre Fire Authority Additions, Renovations and expansions
The City of Fort Collins is looking to design new projects around the 2030 Energy
Challenge. It is the policy of the City of Fort Collins that all new buildings and major
renovations earn enough credits using the US Green Building Council’s (USGBC)
LEED™ Green Building Rating System to earn a minimum “Gold” certification with the
desire to achieve “Platinum” certification. The most current version of LEED™ at the
time of project design shall be used. In the event LEED is transitioning from one version
to the next at the time of the design, the newer version is preferred, but will be evaluated
on a case by case basis. Specific projects may have goals above and beyond this
minimum requirement, either in overall rating or for minimum numbers of credits from
specific categories.
All new building designs for this RFP should meet the following energy goals:
• Architecture 2030 Energy Challenge, which would target each building for
meeting an Energy Use Intensity of 30 kBtu/sf/yr. for both Customer Service
Building (CSB) and the Utility Service Center (USC)
• Meet the City’s minimum standard of achieving a LEED Gold rating and pursue
the Platinum level. The projects should achieve a minimum of 15 points from
Energy and Atmosphere credits under the LEEDv3 New Construction & Major
Renovation Rating Systems.
• New buildings should achieve an ENERGY STAR rating of 100 with certification.
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• Renovated buildings should achieve an ENERGY STAR rating of 80 or higher
with certification.
• Renovated buildings to involve analysis for potential deep energy retrofits.
A primary goal of these projects is to demonstrate and showcase sustainable design and
construction. These projects present the opportunity for the City of Fort Collins to “walk
the talk” by demonstrating best practices in high performance new construction and
retrofit projects.
2. REQUIREMENTS
The City of Fort Collins is requesting proposals to select a LEED/Sustainability firm for
consulting services related to the master planning, design, and construction of new or
renovated existing spaces.
The City of Fort Collins desires to have the professional firm provide sustainability
guidance and decision making facilitation for the areas outlined below in conjunction
with the energy modeler, commissioning agent, city staff, and other design
professionals as necessary. These services are to be included in a single Professional
Services Agreement.
site selection site layout, master plan
building orientation
heat island effect
civil – water quantity & quality
landscaping options
light pollution
energy performance
space planning
building material selection
materials reuse and recycling
thermal comfort
measurement & verification
regional priorities
energy efficiency and conservation
consulting
water use & reduction
sustainability
building reuse
environmental quality & impact
green power
renewable energy design
daylighting & views
lighting
innovation in design ideas
In the event it becomes necessary to revise any part of the “Request for Proposal” a
written addendum will be issued. Each Proposal shall state it is valid for a period of not
less than ninety (90) days from date of proposal opening. Further, the City of Fort
Collins retains the right to reject all proposals and re-solicit, if deemed to be in the best
interest of the city.
The City of Fort Collins Facility Services has Auto- CAD-2004, 2007, 2008 and 2012.
Therefore, the hired firms must have the capability of providing the City appropriate
drawings on disks which can be read by AutoCAD. For space management, the City
uses “FM:Space-Mgt.” software by FM:Systems.
Construction documents will be prepared using the CSI format (2004) and the City of
Fort Collins modified EJCDC General Conditions and City standard contract documents.
These documents will be provided by the City of Fort Collins.
RFP 7493 LEED / Sustainability Consulting Services Page 6 of 34
Projects located within the boundaries of the City of Fort Collins may be subject to
the City’s Land Development Process.
The successful firm will be responsible for meeting any state or local licensing
requirements. The standards referenced and included in this RFP are intended to
establish the expectations the City has for projects regarding quality of materials,
workmanship and performance.
Work Order Process
The actual amount of work to be performed, the time of such performance and the
location of work, will be determined by a City Project Representative who will issue
formally executed work order. The only work authorized under this contract is that
which is performed after receipt of such work orders. The City of Fort Collins makes no
guarantee as to the number of work orders or actual amount of services which will in
fact be requested.
The work order will typically be based upon an hourly rate or set of rates with a not-to-
exceed maximum fee; or a fixed fee agreement. The specific compensation agreement
for each Work Order is negotiated at the time the Work Order is awarded to the
professional, based upon the requirements of the professional Services Agreement. A
fee schedule of hourly rates for the professional team will be determined with the
awarded firm.
A detailed Scope of Work for each project and exact services desired will be developed
during the work order process.
3. TEAM BUILDING
The City desires a successful project(s) for everyone involved. The City would like to
create an environment where trust and teamwork, foster a cooperative bond to
everyone’s benefit, and facilitate the completion of a successful project. The City will
conduct a partnering session once all members of the team are on board to help
facilitate an integrated project team during the design and construction phases.
4. CONSULTING FIRM SELECTION PROCESS
Qualified Proposer’s interested in the work described in this Request for Proposal
should submit a minimum of the following information:
A. Qualifications of:
1. Your firm.
2. Members of your staff and all consultants you propose to use and will perform
work for your team for any projects.
B. Your approach to:
1. Facilitate design Charrette.
2. Providing input to the design team on services requested in paragraph 2 above.
3. LEED Consulting
4. Sustainability
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C. Ability/Willingness to meet multiple fast track schedules and deadlines
D. Your philosophy on LEED/Sustainability and the built environment.
E. Your team’s commitment to Quality and attention to detail. What processes does
your team have in place for Quality Assurance / Quality Control?
F. Your ability to provide efficient, competent service and helping to keep material
cost overruns to a minimum by providing the team adequate information.
G. Your firm’s experience working with designers, contractors and other consultants.
H. Your firm’s commitment to sustainability within your organization. (ie do you use
30% recycled paper, teleconferencing)
I. Your firm’s experience working with LEED/sustainable projects. Provide
information on the projects and key components used and their performance.
J. References from at least three projects that have been completed during the past
three years performed by the staff listed in A.2. Firms should make particular note
of any previous experience with City of Fort Collins and LEED Certification of Gold
or Higher.
K. Contract Term:
This is a one year agreement but, 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. Pricing changes shall be negotiated by and agreed to by both parties and
may use the Denver - Boulder CPI-U as published by the Colorado State Planning
and Budget Office as a guide. Written notice of renewal shall be provided to the
Service Provider and mailed no later than 90 days prior to contract end. Awarded
contractor must sign the attached Service Agreement and provide insurance per
Exhibit “B”.
The schedule for this request for proposal is:
Proposals Due April 11, 2013
Interview of top ranked firms April 25, 2013
5. THE CAPITAL PROJECTS PROCEDURE MANUAL
The City of Fort Collins has adopted the uses of the Capital Projects Procedures
Manual. This manual can be downloaded at the following address:
http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CORRESPONDEN
CE&dn=Purchasing&q=Capital+Manual+Projects
The detailed Scope of Work for this project will relate to this manual. This manual
correlates very closely to the phases of work sequence by the American Institute of
RFP 7493 LEED / Sustainability Consulting Services Page 8 of 34
Architects. It includes site analysis, schematic design, design development, construction
documents, bidding, construction administration and project close-out. This manual will
be available for use by the selected team.
6. BUILDING DESIGN AND CONSTRUCTION STANDARDS MANUAL
The City of Fort Collins has developed a Building Design and Construction Standards
Manual. This manual will be available for use by the selected team and can be
downloaded at the following address:
http://www.fcgov.com/opserv/design-standards.php.
7. STATE TAXATION
The City of Fort Collins is exempt from all state taxation including state sales and use
taxes.
CHAPTER 2 – OBJECTIVES
1. IMAGE
Project Positive Image to the Community
a. Convey sense of permanence and community pride.
b. Timeless look, not “trendy”.
c. Avoid flashy or lavish looking.
d. Solid and permanent.
e. Useful and efficient.
f. Fits well into site/environment.
g. Connects the indoors and outdoors experiences.
h. Attractive for building users and visitors.
Welcome Persons with all Levels of Abilities
a. Friendly barrier-free design.
b. Integrate the elderly and disabled without stigmatizing them.
c. Universal design for entire population using the facility
d. Warm, professional and welcoming.
e. The building should “delight” those using the facility.
2. FLEXIBILITY/DURABILITY
Avoid having the Building Become “Outdated” in 5-10 Years
a. “Serviceable” life of the building anticipated to be 75+ years.
b. Tie-in well with existing buildings
c. Maximize use of re-locatable/reusable/recyclable products.
Minimize On-Going Operation, Maintenance and Repair Costs
a. Design for the lowest feasible operating costs.
b. Reduce need to repair or replace equipment and materials.
c. Use materials that prolong the useful service life of the building.
d. Ensure equipment and corresponding distribution network is accessible for
serviceability.
RFP 7493 LEED / Sustainability Consulting Services Page 9 of 34
e. Consider maintenance costs in the life cycle analyses of equipment, systems and
materials.
3. WORK ENVIRONMENT
a. Recognizing that people are the highest cost associated with buildings, provide
an “uplifted” work environment that supports and enhances worker productivity,
as well as the user experience.
b. Design high quality lighting utilizing daylighting and quality, energy efficient
electric lighting.
c. Maximize physical and visual connections to the outdoors, without negatively
impacting energy use.
d. Create a thermally comfortable environment with minimal use of energy.
e. Provide good indoor air quality through use of non-toxic materials, well-designed
ventilation, etc.
f. Minimize HVAC, and other equipment noise.
4. SUSTAINABLILITY
a. Background
Definition of Sustainable Design: “Meeting the needs as a society today without
compromising the ability of future generations to meet their needs”. The primary
goal of these projects is to demonstrate and showcase sustainable design and
construction. These projects present the opportunity for the City of Fort Collins to
“walk the talk” by demonstrating best practices in high performance new
construction and retrofit projects.
Sustainable development ideally results in the following benefits: Energy and water
savings, reduced pollution, conservation of natural resources, promotes recycling,
better indoor air quality, enhanced occupant comfort, productivity and performance,
enhanced building durability, and reduced maintenance costs.
High environmental quality, outdoors as well as indoors, is essential for the
employees’ long-term health and welfare. The objective is to provide employees
and customers with environmentally sound facilities, while providing the city as a
whole with a model for the energy, environmental, and economic benefits of
sustainable development. Balancing initial construction costs and long-term
operational costs will be an important challenge. The integrated design team will
be expected to use an integrated “whole building” design approach to take into
consideration the effect of design elements, energy and resource constraints,
building systems, and building function have on one another. Use of an integrated
approach is required to address building shape and orientation, daylighting
opportunities, building envelope, and building system choices. Use of a
multidisciplinary team approach that allows all team members to share specialized
expertise and coordinate their individual efforts to achieve a synergistic,
environmentally responsible building is essential to our success.
This consultant will collaborate with all consultants, the architect and the contractor
to work as an integrated design team and be responsible for maintaining the focus
and commitment to the integrated energy/high performance goals of the project.
Commitment to continuous refinement and design optimization is essential to
achieving these goals. All team members will be encouraged to participate in
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evaluating innovative high efficiency design ideas in a cooperative, creative
atmosphere. The impacts of changes in any one system shall be evaluated in
relation to the whole building capital cost, operating cost, and effect on the
objectives and targets of the project. Use of computer modeling as part of the
whole building design optimization process, is required.
Operating and maintenance costs over the typical life span of a City facility (75 plus
years) can be many times the initial capital cost of the equipment. Utilization of
lifecycle economic analysis to guide the integrated design team to the options that
will produce the greatest savings over the life of the building is essential.
Functional and easily maintained building systems with low life cycle operating
costs is fundamental to effective and efficient operation of the finished facility.
b. Energy Efficiency
Goals
It is proposed that new buildings be designed to be “net zero energy ready”. This
means that the buildings will be designed and constructed to have very low energy
use such that addition of on-site renewable energy (e.g., photovoltaic) could make
them net zero energy buildings on an annual basis. Note that the on-site renewable
systems may be added at a later date.
The buildings should meet the following energy goals:
• Architecture 2030 Energy Challenge, which would target each building for
meeting an Energy Use Intensity of 30 kBtu/sf/yr. (both CSB and USC)
• New buildings exceed the City’s minimum standard of achieving a LEED
Gold rating and pursue the Platinum level. The project should achieve a
minimum of 15 points from Energy and Atmosphere credits.
• Renovated spaces meet the City’s minimum standard of achieving a LEED
Gold rating. The project should achieve a minimum of 15 points from the
Energy and Atmosphere credits.
• New buildings achieve an ENERGY STAR rating of 100 with certification.
• Renovated buildings should achieve an ENERGY STAR rating of 80 or
higher with certification.
• Control Systems for integrated energy delivery.
c. Sustainable Design Rating System
It is the policy of the City of Fort Collins that all new buildings and major
renovations earn enough credits using the US Green Building Council’s
(USGBC) LEED™ Green Building Rating System to earn a minimum “Gold”
certification with the desire to achieve “Platinum” certification. The most current
version of LEED™ at the time of project design shall be used. In the event LEED
is transitioning from one version to the next at the time of the design, the newer
version is preferred, but will be evaluated on a case by case basis. Specific
projects may have goals above and beyond this minimum requirement, either in
overall rating or for minimum numbers of credits from specific categories. (See
section b above).
d. Water Conservation
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Water efficient and conserving design, both indoors and out will be
required. The water conservation objectives include:
• Reducing treated water use
• Reducing run-off and impact on the storm water system
• Reducing amount of waste water requiring treatment
e. Buildings that Teach: Sustainable Design Education
These facilities should be designed to offer interactive insights to provide insights
and information to visitors about sustainability and sustainable design.
Sustainable buildings provide an opportunity for a superior visitor experienced,
and reinforced commitment to reflecting the values of the community. These
buildings should:
• Enhance the user experience
• Teach principles and methods of sustainable design
• Harmonize with the natural environment
The City of Fort Collins requests any sub-consultants be contracted with the prime
LEED/Sustainability consultant and have a strong history with city facilities.
CHAPTER 3 – SPECIAL INTERFACES
1. CITY OF FORT COLLINS
It is the policy of the City of Fort Collins that all new buildings and major renovations
earn enough credits using the US Green Building Council’s (USGBC) LEED™ Green
Building Rating System to earn a minimum “Gold” certification with the desire to achieve
“Platinum” certification. The most current version of LEED™ at the time of project design
shall be used. In the event LEED is transitioning from one version to the next at the time
of the design, the newer version is preferred, but will be evaluated on a case by case
basis. Specific projects may have goals above and beyond this minimum requirement,
either in overall rating or for minimum numbers of credits from specific categories. It is
not the intent to “chase LEED points”, but to earn them through good high-performance
building design.
2. A/E
The City of Fort Collins will hire an A/E Design team to work as an integral member of
the integrated design team. The design team will coordinate the plan review and budget
update with the contractor and the consultants.
3. CONTRACTOR
The City of Fort Collins will hire a contractor to work as an integral member of the
integrated design team. The design team will coordinate the plan review and budget
update with this firm. The contractor will work with all consultants to ensure we are
achieving the LEED credits and energy goals.
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3. ENERGY MODELING
The City of Fort Collins will provide the energy modeling services and the design team
will be asked to coordinate the LEED design with this firm and other consultants.
4. COMMISSIONING
The City of Fort Collins will provide the commissioning firm and the design team will be
asked to coordinate the design and construction with this commissioning agent.
5. ART IN PUBLIC PLACES
The design team will be requested to work with an artist from the City’s “Art in Public
Places” Program with the intent to design artistic elements into the project concept, and
are within the APP budget for this project. A member of the design team will be added
to the committee that selects the artist. The City will contract directly with that artist. The
other consultants will work as a team to ensure this art is in conjunction of the other
project goals.
6. FURNITURE DESIGN AND INSTALLATION
The City of Fort Collins will be responsible for the furniture procurement. It is intended
the design professional will provide the design and coordination of this effort as the
furniture design and procurement effort will need to proceed at the same time as the
building design effort. Other consultants will be involved to make sure furniture selection
works with our other project goals.
7. TESTING SERVICES
The City of Fort Collins will be responsible, by separate contract for all the testing
services (geo-tech, soils, concrete, asphalt, structural steel, etc.). It is intended the
design team will assist in the coordination of this effort.
8. COMMUNICATION WORK
The design team will be responsible for the design of communication (telephone and
computer cabling) Fire Alarm and Security for projects.
9. GEO-THERMAL EXPLORATION
The City of Fort Collins has been working with Geo Energy for preliminary studies to use
the pond next to USB for possible option of a Geo-Thermal system.
CHAPTER 4 – QUALIFICATION REQUIREMENTS
Only Teams that have the requisite experience and qualifications are encouraged to submit
proposals.
1. LEED/SUSTAINABILITY CONSULTING
Provide a brief project description and history for projects of 10,000 SF or more where
your firm provided similar consulting and completed in the last 5 years. Include the
following information.
a. Project description that includes the project name, firms that comprised the
design team, gross square footage, top sustainable items and HVAC system.
RFP 7493 LEED / Sustainability Consulting Services Page 13 of 34
b. Type of project delivery method used for design and construction.
c. Processes used to offer and track sustainable measures for each phase of the
project.
d. A complete listing of projects that achieved LEED certification and highlight those
achieving Gold and higher Certification, including the year.
e. Names, addresses and telephone numbers of project owners.
2. TEAM MEMBER EXPERIENCE
Describe the level of participation in the projects listed above by key staff proposed for
this project. Provide information regarding each team member’s professional licensure.
Provide information regarding recent team member experience with the City of Fort
Collins’ development review process, including the procedures and requirements
necessary under the current Land Use Code and the City of Fort Collins “City Plan”.
6. DESIGN CHARRETTE
Describe the firm’s experience with design Charrette. Highlight any Charrette experience
by key staff proposed for this project. Provide references for cited experience.
7. QUALITY ASSURANCE/QUALITY CONTROL
Describe the firm’s process or system to check and verify the contractor has procured
materials or systems that will meet the sustainability goals.
8. UNIQUE CAPABILITIES
Describe any unique capabilities/experience the proposed key staff will bring to this
project. How will their experience benefit this project?
9. AGREEMENT COMMENTS
Consultants are expected to sign the agreement (Chapter 7). Any exceptions to the
agreement must be stated with your submission of qualifications for this project. The
City makes no guarantees it will change the agreement but will consider the exceptions.
RFP 7493 LEED / Sustainability Consulting Services Page 14 of 34
CHAPTER 5 – PROPOSAL EVALUATION CRITERIA
Professional firms will be evaluated on the following criteria. These criteria will be the
basis for review of the written proposals and optional interview session. At discretion
of the City, interviews of top rated firms may be held.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an
average rating, and 5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION STANDARD
2.0
Scope of Proposal
Does the proposal show an understanding
of the scope objective, methodology to be
used and results that are desired?
2.0
Assigned
Personnel
Do the persons who will be working on the
project(s) have the necessary skills? Are
sufficient people of the requisite skills
assigned to the project?
1.0 Availability
Will the Design team be available to meet
regularly during design and be available on short
notice to resolve issues during construction? Can
the submittal review dates be met? Are other
qualified personnel available to assist in meeting
the project schedule if required?
1.0 Motivation
Is the firm interested and are they capable
of doing the work in the required time
frame?
2.0
LEED
Sustainability
Experience
Does the firm have the necessary LEED and
sustainability experience necessary for the
requirements of this RFP?
2.0 Firm Capability
Does the firm have the experience, support
capabilities and correct personnel assigned.
Has the firm completed previous projects of
this type or scope.
RFP 7493 LEED / Sustainability Consulting Services Page 15 of 34
REFERENCE EVALUATION (TOP RATED FIRM)
The Project Manager will check references using the following criteria. The
evaluation rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by the project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client needs;
did the Professional anticipate problems? Were
problems solved quickly and effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
RFP 7493 LEED / Sustainability Consulting Services Page 16 of 34
CHAPTER 6 – SAMPLE PROFESSIONAL SERVICES AGREEMENT
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.
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. [Option 1] 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. The
RFP 7493 LEED / Sustainability Consulting Services Page 17 of 34
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will
be used as a guide. Written notice of renewal shall be provided to the Professional and mailed
no later than ninety (90) days prior to contract end.
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:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
With Copy to:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment
shall be the Professional's sole right and remedy for such termination.
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
RFP 7493 LEED / Sustainability Consulting Services Page 18 of 34
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of .
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 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
RFP 7493 LEED / Sustainability Consulting Services Page 19 of 34
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. 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.
13. 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.
14. 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.
15. 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
RFP 7493 LEED / Sustainability Consulting Services Page 20 of 34
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. 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.
17. 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.
18. 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.
RFP 7493 LEED / Sustainability Consulting Services Page 21 of 34
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
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.
19. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of
( ) page(s), attached hereto and incorporated herein by this reference.
RFP 7493 LEED / Sustainability Consulting Services Page 22 of 34
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Date: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
By: _________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
RFP 7493 LEED / Sustainability Consulting Services Page 23 of 34
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:
_________________________________________________________________________________
User Acceptance _________________________________
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
By:_______________________________
Date:_____________________________
City of Fort Collins
By: _______________________________
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $60,000.00)
Date: ____________________________
0
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required 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 .................................................................................................................... 4
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ................................................................................... 5
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ...................................... 5
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ................................ 6
10. SEISMIC SAFETY REQUIREMENTS .............................................................................................................. 7
11. PATENT AND RIGHTS IN DATA .................................................................................................................... 7
12. ENERGY CONSERVATION REQUIREMENTS .............................................................................................. 9
13. ADA Access ......................................................................................................................................................... 9
14. CITY OF FORT COLLINS BID PROTEST PROCEDURES .......................................................................... 10
1
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
2
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
l Service
Contract
Turnkey
Constructio
n
Architectural
Engineering
Acquisitio
n of
Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5
3
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
5. TERMINATION
A. Termination for Convenience (General Provision) The (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. 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
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.
E. Termination for Convenience or Default (Architect and Engineering) The
4
(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.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
5
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is 9.9 %. A separate contract goal 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. 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. 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.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
6
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
7
The certification in this clause is a material representation of fact relied upon by {insert
agency name}. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to {insert agency name}, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. SEISMIC SAFETY REQUIREMENTS
Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part
41 and will certify to compliance to the extent required by the regulation. The contractor
also agrees to ensure that all work performed under this contract including work performed
by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
).
11. PATENT AND RIGHTS IN DATA
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
A. Rights in Data - This following requirements apply to each contract involving
experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or
not copyrighted, that is delivered or specified to be delivered under the contract.
The term includes graphic or pictorial delineation in media such as drawings or
photographs; text in specifications or related performance or design-type
documents; machine forms such as punched cards, magnetic tape, or computer
memory printouts; and information retained in computer memory. Examples
include, but are not limited to: computer software, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical
reports, catalog item identifications, and related information. The term "subject
data" does not include financial reports, cost analyses, and similar information
incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance
of the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may
the Purchaser or Contractor authorize others to do so, without the written
consent of the Federal Government, until such time as the Federal Government
may have either released or approved the release of such data to the public;
this restriction on publication, however, does not apply to any contract with an
academic institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal
Government reserves a royalty-free, non-exclusive and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for
8
"Federal Government purposes," any subject data or copyright described in
subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous
sentence, "for Federal Government purposes," means use only for the direct
purposes of the Federal Government. Without the copyright owner's consent,
the Federal Government may not extend its Federal license to any other party.
1. Any subject data developed under that contract, whether or not a
copyright has been obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using
Federal assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, it is FTA's general intention to increase transportation
knowledge available to the public, rather than to restrict the benefits resulting
from the work to participants in that work. Therefore, unless FTA determines
otherwise, the Purchaser and the Contractor performing experimental,
developmental, or research work required by the underlying contract to which
this Attachment is added agrees to permit FTA to make available to the public,
either FTA's license in the copyright to any subject data developed in the
course of that contract, or a copy of the subject data first produced under the
contract for which a copyright has not been obtained. If the experimental,
developmental, or research work, which is the subject of the underlying
contract, is not completed for any reason whatsoever, all data developed under
that contract shall become subject data as defined in subsection (a) of this
clause and shall be delivered as the Federal Government may direct. This
subsection (c) , however, does not apply to adaptations of automatic data
processing equipment or programs for the Purchaser or Contractor's use
whose costs are financed in whole or in part with Federal assistance provided
by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the
Purchaser and the Contractor agree to indemnify, save, and hold harmless the
Federal Government, its officers, agents, and employees acting within the
scope of their official duties against any liability, including costs and expenses,
resulting from any willful or intentional violation by the Purchaser or Contractor
of proprietary rights, copyrights, or right of privacy, arising out of the
publication, translation, reproduction, delivery, use, or disposition of any data
furnished under that contract. Neither the Purchaser nor the Contractor shall be
required to indemnify the Federal Government for any such liability arising out
of the wrongful act of any employee, official, or agents of the Federal
Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the
Federal Government under any patent or be construed as affecting the scope
of any license or other right otherwise granted to the Federal Government
under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without
using Federal assistance provided by the Federal Government that has been
incorporated into work required by the underlying contract to which this
Attachment has been added is exempt from the requirements of subsections
(b), (c), and (d) of this clause, provided that the Purchaser or Contractor
identifies that data in writing at the time of delivery of the contract work.
9
(g) Unless FTA determines otherwise, the Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research
work financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (i.e., a large business, small business, state
government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual, etc.), the Purchaser and the Contractor
agree to take the necessary actions to provide, through FTA, those rights in that
invention due the Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving
experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually
reduced to practice in the course of or under the contract to which this Attachment
has been added, and that invention, improvement, or discovery is patentable under
the laws of the United States of America or any foreign country, the Purchaser and
Contractor agree to take actions necessary to provide immediate notice and a
detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (a large business, small business, state
government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual), the Purchaser and the Contractor agree
to take the necessary actions to provide, through FTA, those rights in that invention
due the Federal Government as described in U.S. Department of Commerce
regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each
subcontract for experimental, developmental, or research work financed in whole
or in part with Federal assistance provided by FTA
12. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
13. 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
10
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.
14. 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.
311
None
None unless
non-
competitive
award
None
None
unless
non-
competitiv
e award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee
pass thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)