REQUEST FOR PROPOSAL
Construction
R24-038CA
Date issued: March 4, 2024
CMAR SERVICES FOR EAST
TERMINAL UNIT UPGRADES FOR
COLORADO SPRINGS AIRPORT
THE CITY OF COLORADO SPRINGS
The City of Colorado Springs requests Proposals for Construction
Manager at Risk (CMAR) to provide Design, Pre-Construction Phase
and Construction Phase Services for the East Terminal Unit (ETU)
upgrades to accommodate a new Federal Inspection Station (FIS) for
Customs and Border Protection.
Estimated Magnitude: $4,500,000 - $6,000,000
This RFP is posted to BidNet Direct and the City of Colorado Springs’
Procurement Services Website. It is available for all vendors free of charge,
following free registration, at the Rocky Mountain E-Purchasing BidNet
Direct website. The City of Colorado Springs belongs to BidNet’s Rocky
Mountain e-Purchasing Group within BidNet.
SUBMITTALS FOR THIS PROJECT WILL ONLY BE ACCEPTED ON THE
ROCKY MOUNTAIN E-PURCHASING BIDNET DIRECT PLATFORM.
Please login to the following website to register (Free Registration) to
submit a bid for this project. All required documents will be uploaded to the
website.
https://www.bidnetdirect.com/
BIDNET Support
800-835-4603
SECTION INDEX
SECTION I PROPOSAL INFORMATION
SECTION II PROPOSAL CONTENT
SECTION III EVALUATION FACTORS
SECTION IV SPECIAL CONTRACT TERMS AND
CONDITIONS/SPECIAL
SOLICITATION
PROVISIONS/FEDERAL CONTRACT
TERMS AND CONDITIONS
SECTION V EXHIBITS
SECTION VI SCHEDULES
SECTION I – PROPOSAL INFORMATION
1.0 PROPOSAL INFORMATION
Section I provides general information to potential Offerors, such as proposal
submission instructions and other similar administrative elements. This RFP is
available on Rocky Mountain E-Purchasing System (www.bidnetdirect.com). All
addenda or amendments shall be issues through the Rocky Mountain E-
Purchasing System and may not be available through any other source.
1.1 RFP SCHEDULE OF EVENTS
The upcoming schedule of events is as follows:
Event Date
Issue Request for Proposal March 4, 2024
Pre-Proposal Conference Friday, March 8, 2024 at 10:00AM MST
We will hold an In-Person, Pre-proposal Conference and Site Tour. This
meeting is not mandatory, however, all Offerors are encouraged to attend.
Site Tours will be limited to (5) individuals per Offeror.
Meeting Location & Instructions:
Colorado Springs Airport
7770 Milton E. Proby Pkwy, Suite 50
1. Park in the short-term parking lot.
2. Enter the terminal through the walkway tunnel coming from short term
parking.
3. Head to the elevators just to the right of the escalators on the lower/entry
level.
4. Use the phone just across from the elevators (or you can call (719) 550-
1919 if using your cell phone).
5. Explain you are here for an RFP pre-conference and site tour.
6. Our communications staff will then give you access to the third floor via
the elevator.
7. Conference Room Bravo is across the balcony from the lobby, and
facing west
Additionally, a virtual option is available for the Pre-Proposal Conference
(NOT the Site Tour) only.
Please use the link below to attend the meeting:
Microsoft Teams meeting
Join on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 263 621 033 333
Passcode: qFPy4H
Download Teams | Join on the web
Or call in (audio only)
+1 720-617-3426,,659165528# United States, Denver
Phone Conference ID: 659 165 528#
Find a local number | Reset PIN
Cut Off Date for Questions March 15, 2024 by 3:00PM MST
Questions about the RFP must be submitted online via the
Rocky Mountain e-Purchasing System (www.bidnetdirect.com).
A written response to any inquiry may be provided in the form of
an Amendment to the solicitation. See 1.7 Amendments.
Questions must be received no later than Date.
Contact for Clarification:
Crystal Abeyta, Contracts Specialist
City of Colorado Springs, Procurement Services
DO NOT CONTACT ANY OTHER INDIVIDUAL AT THE CITY OF
COLORADO SPRINGS REGARDING THIS SOLICITATION.
The only acceptable method of submitting questions is
directly on Bidnet (www.bidnetdirect.com). Emails, faxes or
physical mail delivery are NOT acceptable.
Proposal Due Date March 29, 2024 by 3:00PM MST
Interviews (if applicable) April 2024 (Est. Week of April 15th)
Award of Contract Estimated April 2024
Notice to Proceed Estimated April/ May 2024
1.2 SUBMISSION OF PROPOSAL
Proposals are to be submitted electronically online at Rocky Mountain E-
Purchasing System (www.bidnetdirect.com). Please review the submission
requirements well in advance of submission date and time; and allow for ample
time to upload each required document.
It is recommended that Offerors begin the submission process at least one (1) day
in advance of the proposal deadline.
Offerors are solely responsible to ensure their bid documents are uploaded and
submitted correctly, and that a confirmation number is obtained upon successful
submission.
Customer Support Team for www.bidnetdirect.com can be reached 1-800-835-
4603.
*********************NO LATE OFFERS WILL BE ACCEPTED*******************
Date/Time: Proposals shall be received on or before 3:00PM MST, Friday, March
29, 2024 MST.
1.3 NUMBER OF COPIES
Offerors shall submit two electronic copies of their proposal. One (1) copy shall be
a full proposal to include any confidential or proprietary information. In addition,
one (1) copy of your proposal must be submitted for public viewing and should be
marked ‘PUBLIC’. The purpose of this copy is to meet the requirements of the
Colorado Open Records Act and should not contain your proprietary information.
Upon submission, all proposal documents shall become and remain the property
of the City of Colorado Springs.
1.4 SPECIAL TERMS
Please note the following definitions of terms as used herein:
The term “City” means the City of Colorado Springs.
The term “Contractor” or “Consultant” means the Offeror whose offer is accepted
and is awarded the contract to provide the products or services specified in the
RFP.
The term “Offer” means the proposal.
The term “Offeror” means the person, firm, or corporation that submits a formal
proposal or offer and that may or may not be successful in being awarded the
contract.
The term “Project” refers to East Terminal Unit Upgrades.
The term “Request for Proposal” or “RFP” means this solicitation of a formal,
negotiable proposal/offer. Any offer that is accepted will be the offer that is deemed
by the City of Colorado Springs to be most advantageous in terms of the criteria
designated in the RFP.
The term “CMAR” refers to Construction Manager at Risk Services.
1.5 RFP OBJECTIVE
The objective of this RFP is to provide sufficient information to enable qualified
Offerors to submit written proposals to the City of Colorado Springs. The RFP is
not a contractual offer or commitment to purchase products or services. The
Offeror may present options and variables to the scope while still meeting the
minimum requirements of this solicitation. Innovative proposals/solutions are
encouraged and considered in the selection and/or award.
All information included in proposals must be legible. Any and all corrections and
or erasures must be initialed by Offeror. Each proposal shall be accompanied by
a cover letter signed by an authorized representative of the Offeror. The
contents of the proposal submitted by the successful Offeror may become part of
any contract awarded as a result of this solicitation.
1.6 CONFIDENTIAL OR PROPRIETARY INFORMATION
If an Offeror believes that parts of an offer are confidential, then the Offeror must
so specify. The Offeror must include in bold letters the term “CONFIDENTIAL” on
that part of the offer which the Offeror believes to be confidential. The Offeror must
submit in writing specific detailed reasons, including any relevant legal authority,
stating why the Offeror believes the material to be confidential. Vague and general
claims as to confidentiality will not be accepted. The City of Colorado Springs will
be the sole judge as to whether a claim is acceptable. Decisions regarding the
confidentiality of information will be made when requests are made to make the
information public. All offers and parts of offers, which are not marked as
confidential, will automatically be considered public information after the contract
is awarded. The successful offer may be considered public information even
though parts are marked confidential.
1.7 AMENDMENTS
Amendments to this RFP may be issued at any time prior to the time set for receipt
of proposals. Offerors are required to acknowledge receipt of any amendments
issued to this RFP by returning a signed copy of each amendment issued. Signed
copies of each amendment must be received on or before the time set for receipt
of offers.
The City of Colorado Springs will post all amendments on the Rocky Mountain E-
Purchasing System (www.rockymountainbidsystem.com). It is the Offeror's
responsibility to check the website for posted amendments or contact the
Contracts Specialist listed to confirm the number of amendments which have been
issued.
1.8 WITHDRAWAL OR MODIFICATION OF OFFERS
Any Offeror may modify or withdraw an offer in writing at any time prior to the
deadline for submission of an offer.
1.9 ACCEPTANCE
Any offer received and not withdrawn shall be considered an offer, which may be
accepted by the City of Colorado Springs based on initial submission without
discussions or negotiations.
By submitting an offer in response to this solicitation, the Offeror agrees that any
offer it submits may be accepted by the City of Colorado Springs at any time within
90 calendar days from the date of submission deadline.
The City of Colorado Springs reserves the right (a) to reject any or all offers,(b) to
waive informalities and minor irregularities in offers received, and/or (c) to accept
any portion of an offer if deemed in the best interest of the City of Colorado Springs.
Failure of the Offeror to provide in its offer any information requested in the RFP
may result in rejection of the offer for non-responsiveness.
1.10 PROPOSAL PREPARATION COST
The cost of proposal preparation is not a reimbursable cost. Proposal preparation
shall be at the Offeror’s sole expense and is the Offeror’s total and sole
responsibility.
1.11 AWARD
The City of Colorado Springs intends to make an award using the evaluation
criteria listed in this RFP to determine the best value, considering all factors and
criteria in the proposals submitted. Best value means the expected outcome of an
acquisition that, in the City’s estimation, provides the greatest overall benefit in
response to the requirements detailed in the RFP. The City of Colorado Springs
reserves the right to reject any or all offers and to not make an award.
1.12 PERFORMANCE PERIOD
The performance period for the project detailed in this RFP will be established as
Notice to Proceed – December 31, 2024 (for substantial completion).
1.13 DEBRIEFING
Offerors not selected may request a debriefing on the selection process as well as
discussion of the strengths and weaknesses of their proposal upon receipt of
notification that their offer was not selected.
A debriefing may be scheduled by contacting the Contracts Specialist listed above.
The Contracts Specialist must receive a written request for debriefing no later than
ten (10) calendar days after issuance of a notification that the Offeror’s offer was
not selected. Per the City’s Procurement Rules, debriefings are conducted only
after the awarded contract is fully executed.
Debriefings may include the following information:
a) basis for the selection and award of the Contract;
b) copies of the ranking matrix showing the strengths and weaknesses of their
Proposal as evaluated by the committee;
c) the overall evaluated cost and technical rating of the winning Vendor;
d) the overall ranking of all Offerors;
e) a summary of the rationale for Award; and
f) answers to relevant questions about the process the Offeror may have.
The debriefing will not include point by point comparisons of the debriefed Offeror’s
Proposal with those of other Offerors, evaluator identities, or any items listed in
other Offerors Proposals that may be marked Confidential or Proprietary.
Debriefings are held for the purpose of providing lessons learned and as a type of
feedback tool to improve competition and provide an objective process.
1.14 SUBSTANTIVE PROPOSALS
By responding to this RFP, the Offeror certifies (a) that Offeror's proposal is
genuine and is not made in the interest of, or on behalf of, an undisclosed person,
firm, or corporation; (b) that Offeror has not directly or indirectly induced or solicited
any other offerors to put in a false or sham proposal; (c) that Offeror has not
solicited or induced any other person, firm, or corporation to refrain or abstain from
proposing an offer or proposal; (d) that Offeror has not sought by collusion to obtain
for themselves any advantage over any other offerors or over the City of Colorado
Springs; and (e) that Offeror has not violated or caused any person to violate, and
shall not violate or cause any person to violate, the City’s Code of Ethics contained
in Article 3, of Chapter 1 of the City Code and in the City's Procurement Rules and
Regulations.
1.15 OFFEROR'S QUALIFICATIONS
Each Offeror must complete Exhibit 6 – Qualification Statement.
No contract will be awarded to any Offeror who is in arrears to the City, upon any
debt or contract, or who is in default, in any capacity, upon any obligation to the
City or is deemed to be irresponsible or unreliable by the City based on past
performance.
1.16 NON-COLORADO ENTITIES
If Offeror is a foreign entity, Offeror shall comply with C.R.S. section 7-90-801,
“Authority to transact business or conduct activities required,” and section 7-90-
802, “Consequences of transacting business or conducting activities without
authority.”
Before or at the time that the contract is awarded to an entity organized or
operating outside the State of Colorado, such entity shall obtain authorization to
do business in the State of Colorado, designate a place of business herein, and
appoint an agent for service of process.
Such entity must furnish the City of Colorado Springs with a certificate from the
Secretary of the State of Colorado to the effect that a certificate of authority to do
business in the State of Colorado has been issued by that office and is still valid.
The entity shall also provide the City with a certified copy of the designation of
place of business and appointment of agent for service of process from the
Colorado Secretary of State, or a letter from the Colorado Secretary of State that
such designation of place of business and agent for service of process has been
made.
1.17 PROCUREMENT RULES AND REGULATIONS
All projects advertised by the City of Colorado Springs are solicited in accordance
with the City's Procurement Rules and Regulations. The City's Procurement Rules
and Regulations can be reviewed and/or downloaded from the City website
www.coloradosprings.gov. The Contracts Specialist may also provide a softcopy
of the Rules and Regulations upon request. Any discrepancies regarding
conflicting statements, decisions, irregularities, clauses, or specifications will be
rectified utilizing the City’s Procurement Rules and Regulations, when
applicable. It is the Offeror’s responsibility to advise the Contracts Specialist listed
in this RFP of any perceived discrepancies prior to the date and time the offer is
due.
1.18 FAIR TREATMENT OF OFFERORS
The City Procurement Services Division shall be responsible for ensuring the
procurement of products, commodities, and services are in a manner that affords
all responsible businesses a fair and equal opportunity to compete. If an Offeror
believes that a procurement is not conducted in a fair and equitable manner, the
Offeror is encouraged to inform the City Procurement Services Manager as soon
as possible.
1.19 ORDER OF PRECEDENCE
Any inconsistency in this solicitation shall be resolved by giving precedence in the
following order:
(a) Sections I-IV of this Solicitation
(b) Special Construction Terms and Conditions
(c) General Construction Terms and Conditions
(d) Exhibits
(e) Plans
1. Detailed Plans
2. Standard Drawings
Calculated dimensions will govern over scaled dimensions.
(f) Special Specifications
(g) Standard Specifications
1.20 SALES TAX
The successful Offeror, if awarded a contract, shall apply to the Colorado
Department of Revenue for a tax-exempt certificate for this project. The certificate
does not apply to City of Colorado Springs Sales and Use Tax which shall be
applicable and should be included in all proposals. The tax exempt project number
and the exemption certificate only apply to County, PPRTA (Pikes Peak Rural
Transportation Authority), and State taxes when purchasing construction and
building materials to be incorporated into this project.
Furthermore, the exemption does not include or apply to the purchase or rental of
equipment, supplies or materials that do not become a part of the completed
project or structure. In these instances, the purchase or rental is subject to full
taxation at the current taxation rate.
The Offeror and all subcontractors shall include in their Offer City of Colorado
Springs Sales and Use Tax on the work covered by the offer, and all other
applicable taxes.
Forms and instructions can be downloaded at https://coloradosprings.gov/sales-
tax/page/construction-contractors. Questions can be directed to the City Sales Tax
Division at (719) 385-5903 or Construction_Sale[email protected].
Our Registration Numbers are as follows:
City of Colorado Springs
Federal I.D.: 84-6000573
Federal Excise: A-138557
State Sales Tax: 98-03479
1.21 BOND REQUIREMENTS
The Offeror is advised that the successful Offeror shall be required to furnish to
the City of Colorado Springs, upon award, one copy of each: Performance Bond,
Labor and Materials Payment Bond, and a Maintenance Bond in the amount of the
total construction phase of the contract within ten (10) calendar days of notification
of amendment of the contract for the construction phase. The cost of all bonds
shall be included in Offeror’s offer.
Bonds shall:
a) Be for the full amount of the construction phase of the contract.
b) Guarantee the Contractor's faithful performance of the work
under the contract, and the prompt and full payment for all labor
and materials involved therein.
c) Guarantee protection to the City of Colorado Springs against
liens of any kind.
d) Be, when a surety bond is furnished, from a surety company
operating lawfully in the State of Colorado and be accompanied
with an acceptable "Power-of-Attorney" form attached to each
bond copy.
e) Be issued from a surety company that is acceptable to the City
of Colorado Springs.
f) Be submitted using the forms in the Exhibit section of this
solicitation.
1.22 INTERPRETATION OF QUANTITIES IN PROPOSAL FORM
Except as otherwise provided in this RFP, the quantities appearing in the proposal
form are estimates prepared for the comparison of proposals.
After award, payment to the Contractor will be made in accordance with the
following procedures:
(a) Measurement required. When the Contract requires measurement of work
performed or material furnished, payment will be made for actual quantities
measured and accepted.
(b) Measurement Not Required. When the Contract does not require quantities
of work performed or materials furnished to be measured, payment will be made
for the quantities appearing in the Contract.
The estimated quantities of work to be performed and materials to be furnished
may be increased, decreased or omitted.
1.23 INTERPRETATION OF PLANS AND SPECIFICATIONS
Any change to proposal forms, plans, or specifications prior to the opening of
proposals will be issued by the City in the form of an Amendment. Certain
individuals may be named in the RFP that have authority to provide information,
clarification or interpretation to Offerors prior to opening of proposals. Information
obtained from persons other than those named individuals is invalid and shall not
be used for proposal purposes.
1.24 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND
SITE OF WORK.
The Offeror is expected to examine the site of the proposed work, the proposal,
plans, specifications, supplemental specifications, special provisions, and Contract
forms, before submitting a proposal. The submission of a proposal will be
considered conclusive evidence that the Offeror has made this examination and is
aware of the conditions to be encountered in performing the work according to the
Contract.
Boring logs and other records of subsurface investigations, if they exist, are
available for inspection by Offerors. These logs and records are made available so
that all Offerors have access to identical subsurface information that is available
to the City, and is not intended as a substitute for personal investigation,
interpretation, and judgment of the Offerors.
The City does not warrant the adequacy of boring logs and other records of
subsurface investigations, and such information is not considered to be a part of
the Contract. When a log of test borings is included in the subsurface investigation
record, the data shown in the individual log of each test boring apply only to that
particular boring and are not intended to be conclusive as to the character of any
material between or around test borings. If Offerors use this information in
preparing a proposal, it is used at their own risk, and Offerors are responsible for
all conclusions, deductions, and inferences drawn from such information.
Offerors may conduct subsurface investigations at the project site at Offeror’s
expense; the City will afford them this opportunity prior to public opening of
proposals.
If an Offeror discovers an apparent error or omission in the proposal form,
estimated quantities, plan, or specifications, the Offeror shall immediately notify
the Contracting Specialist to enable the City to make any necessary revisions. The
City may consider it to be detrimental to the City for an Offeror to submit an
obviously unbalanced unit proposal price.
1.25 COMBINATION OR CONDITIONAL PROPOSALS
If an RFP is issued for projects in combination and separately, the Offeror may
submit proposals either on the combination or on separate units of the
combination. The City reserves the right to make awards on combination or
separate proposals to the advantage of the City. Combination proposals will be
considered, only when specified.
1.26 ANTI-COLLUSION AFFIDAVIT
The Offeror by signing their proposal submitted to the City is certifying that the
Offeror has not participated in any collusion or taken any action in restraint of free
competitive bidding. This statement may also be in the form of an affidavit provided
by the City and signed by the Offeror. The original of the signed anti-collusion
affidavit, if separately required and provided with the RFP, shall be submitted with
the proposal. The proposal will be rejected if it does not contain the completed anti-
collusion affidavit.
1.27 MATERIAL GUARANTY
The successful Offeror may be required to furnish a complete statement of the
origin, composition, and manufacture of materials used in the construction of the
work together with samples, which will be tested for conformance with Contract
requirements.
SECTION II – PROPOSAL CONTENT
2.0 PROPOSAL CONTENT
Section II provides instructions regarding the format and content required for
proposals submitted in response to this solicitation. Non-conforming submissions
may be removed from consideration.
2.1 PROPOSAL FORMAT
Offeror’s written proposal should include concise, but complete, information,
emphasizing why the Offeror is best or best qualified to provide the required
services. The Offeror’s written proposal should include the information in the
format outlined and must be limited to no more than the page limits indicated
below. A page shall be defined as 8-1/2" x 11"; single sided, with one inch
margins, and a minimum font of Times New Roman 11 (except captions,
footnotes etc). Please ensure proposal is legible, in PDF format and all
pages are oriented top to bottom and left to right . Organizational charts,
matrices, diagrams or schedules may be submitted on 11” x 17” paper. Each 11”
x 17” page for the schedule shall be counted in the overall page limitations above
unless otherwise indicated. Each section of the proposal should be labeled to
clearly follow the requirements sections identified in this section of the RFP.
The following listed Exhibits must be filled out and returned with the proposal and
are not counted against the page limit:
Exhibit 1 Proposal Certification
Exhibit 3 Exceptions
Exhibit 5 Federal Forms
Exhibit 6 Qualifications Statement
Schedule A.1 Price Sheet – Pre-Construction Services Fees
Schedule A.2 Price Sheet – Construction Services Fees
Schedule E Minimum Insurance Requirements
Acknowledged Addenda, if issued.
Lack of full response on this document may deem your proposal as non-
responsive and proposal will not be scored.
2.2 COVER SHEET (MAX 1 PAGE)
The cover letter shall be no more than three pages. The cover letter shall contain
at least the following information.
A. RFP Number and Project Name.
B. Statement that the Offeror is qualified to perform the work.
C. Certification Statement that the information and data submitted are true
and complete to the best knowledge of the individual signing the letter.
D. Name, telephone number, email address, and physical address of the
individual to contact regarding the proposal.
E. The signature of an authorized principal, partner, or officer of the Offeror.
2.3 PROPOSAL CERTIFICATION
The Offeror must fill out and submit Exhibit 1 with its Proposal.
2.4 ORGANIZATIONAL BACKGROUND AND OVERVIEW
The Offeror must provide a brief history and overview of its company and its
organizational structure, with special emphasis on how this project will fit within
that structure. Also include principal place of business location(s), office locations,
and size of firm. Financial Reports (annual public reports or private financial
statements) may be requested for short-listed offerors.
2.5 TABLE OF CONTENTS (MAX 1 PAGE)
2.6 PROPOSAL ADDRESSING CRITERIA LISTED
THE LISTED CRITERIA, BELOW, ARE DETAILED IN EXHIBIT 7 –
EVALUATION SCORESHEET
• Written Proposal (page limits indicated for each criterion section)
1) Project Approach – (Technical Area), 6 pages
2) Organization & Experience – (Management Area), 3 pages
3) Project Team – (Management Area), 6 pages; resumes limited to 1
page per key team member & do not count against page limit
4) Schedule & Budget Controls – (Management Area), 5 pages
5) Pricing – (Price Area), forms provided
6) Proposal Presentation – Presentation Area
• Interviews for Short-Listed Offerors (If determined to be needed)
2.7 PROPOSAL PRESENTATION
Presentation is an important factor. Offerors should provide a highly professional
product, which is complete, accurate, easily understood, and effectively presented.
2.8 EXCEPTIONS
All Offerors must complete Exhibit 3, Exceptions Form and return it with their
proposal. Some terms and conditions are not negotiable. Exceptions may be
grounds for rendering the proposal unacceptable without further discussions.
2.9 INSURANCE REQUIREMENTS
All Offerors must complete Schedule E, Minimum Insurance Requirements and
return with their proposal. Lack of responsiveness in this area may be grounds for
rendering the proposal unacceptable without further discussions.
SECTION III – EVALUATION FACTORS
3.0 EVALUATION AND AWARD
Section III provides information regarding evaluation criteria and scoring. It also
includes information regarding proposal selection and award of the resultant
contract.
3.1 EVALUATION CRITERIA
3.1.1 TECHNICAL AREA – PROJECT APPROACH
See Exhibit 7 – Evaluation Scoresheet
3.1.2 MANAGEMENT AREA – ORGANIZATION AND EXPERIENCE
See Exhibit 7 – Evaluation Scoresheet
3.1.3 MANAGEMENT AREA – PROJECT TEAM
See Exhibit 7 – Evaluation Scoresheet
3.1.4 MANAGEMENT AREA – SCHEDULE AND BUDGET CONTROLS
See Exhibit 7 – Evaluation Scoresheet
3.1.5 PRICE/COST AREA – PRICE/COST
See Exhibit 7 – Evaluation Scoresheet
3.1.6 PROPOSAL PRESENTATION AREA – PROPOSAL
PRESENTATION
See Exhibit 7 – Evaluation Scoresheet
3.1.7 INTERVIEW – FOR SHORT-LISTED OFFERORS ONLY (IF NEEDED)
See Exhibit 7 – Evaluation Scoresheet
3.1.8 EXCEPTIONS AND INSURANCE
See Section II – Items 2.8 and 2.9 and Schedule E
3.2 RANKING
A. The order of ranking or importance in the evaluation shall be as follows:
First: Management Area
Second: Technical Area
Third: Interview (if needed, and only applicable to short listed firms)
Fourth: Price Area
Fifth: Proposal Presentation Area
B. Possible scores for each criterion shall be as follows:
5 – Exceptional
4 – Very Good
3 – Satisfactory
2 – Marginal
1 – Unacceptable
C. Definitions for scoring are as follows:
1. The following apply to the Technical and Management Areas, with the
exception of the Minimum Qualifications Criteria:
Exceptional – The proposal meets all and exceeds many of the requirements of
the RFP to the benefit of the City, and the information provided is of such a nature
as to answer all questions without need for further inquiry. There are no corrective
actions required, and no compromise of requirements is needed.
Very Good -- The proposal meets all and exceeds some of the requirements of the
RFP to the benefit of the City, and the information provided is of such a nature as
to answer most questions without need for further inquiry. There are no corrective
actions required, and no compromise of requirements is needed.
Satisfactory -- The proposal meets the requirements of the RFP, and the
information provided is of such a nature as to answer many questions without need
for further inquiry. There are very few corrective actions required, and no
substantive compromise of requirements is needed.
Marginal -- The proposal does not meet some of the requirements of the RFP, and
the information provided is of such a nature as to require some clarification. There
are some corrective actions required, and some non-substantive compromise of
requirements is needed.
Unacceptable -- The proposal does not meet many of the requirements of the RFP,
and the information provided is of such a nature as to require much clarification.
There are many corrective actions required, and substantive compromise of
requirements is needed.
2. The following apply to the Price Area:
Exceptional – The proposal meets all and exceeds many of the requirements of
the RFP to the benefit of the City, and the information provided is of such a nature
as to answer all questions without need for further inquiry. There are no corrective
actions required, and no compromise of requirements is needed. The price is
lower than the budget amount and/or the average price of the competition.
Very Good -- The proposal meets all and exceeds some of the requirements of the
RFP to the benefit of the City, and the information provided is of such a nature as
to answer most questions without need for further inquiry. There are no corrective
actions required, and no compromise of requirements is needed. The price is
lower than the budget amount and/or the average price of the competition.
Satisfactory -- The proposal meets the requirements of the RFP, and the
information provided is of such a nature as to answer many questions without need
for further inquiry. There are very few corrective actions required, and no
substantive compromise of requirements is needed. The price is very close to the
budget amount and/or the average price of the competition.
Marginal -- The proposal does not meet some of the requirements of the RFP, and
the information provided is of such a nature as to require some clarification. There
are some corrective actions required, and some non-substantive compromise of
requirements is needed. The price exceeds the budget amount and/or the average
price of the competition.
Unacceptable -- The proposal does not meet many of the requirements of the RFP,
and the information provided is of such a nature as to require much clarification.
There are many corrective actions required, and substantive compromise of
requirements is needed. The price significantly exceeds the budget amount and/or
the average price of the competition.
3. The following apply to the Proposal Presentation Area:
Exceptional – The proposal is professionally communicated, complete in all areas,
provides sufficient detail, and is presented in a clear and effective manner. The
quality far exceeds that of the competition, industry standard, or reasonable
expectation.
Very Good -- The proposal is professionally communicated, complete in all areas,
provides sufficient detail, and is presented in a clear and effective manner. The
quality exceeds that of the competition, industry standard, or reasonable
expectation.
Satisfactory -- The proposal is professionally communicated, complete in all areas,
provides sufficient detail, and is presented in a clear and effective manner. The
quality is equal to that of the competition, industry standard, or reasonable
expectation.
Marginal -- The proposal is not professionally communicated and is incomplete in
some areas, provides insufficient detail, and is not presented in a clear and
effective manner. The quality is below that of the competition, industry standard,
or reasonable expectation.
Unacceptable -- The proposal is not professionally communicated and is
incomplete in many areas, provides insufficient detail, and is not presented in a
clear and effective manner. The quality is far below that of the competition,
industry standard, or reasonable expectation.
D. Area Scoring
The final proposal score will be determined by adding the area scoring. The sum
of the area scores will be the final/overall score. There are a total of 80 points
available for the written proposal. Firms will be shortlisted based on their overall
score of their written proposals. If interviews, are deemed necessary, and if
selected as a short-listed offeror, 20 points are available for the interview portion.
Combined, written and interview, criteria there are a possible 100 available
points, if short-listed.
3.3 SELECTION COMMITTEE
A selection committee will review all proposals. Through this process, the City will
determine which proposals are acceptable or unacceptable. The City will notify, in
writing, the Offerors whose proposals are deemed to be unacceptable. Those
Offerors offering proposals deemed to be acceptable by the City will be evaluated
and scored by the selection committee. This scoring will determine which Offerors
are considered to be in the competitive range and may be the basis for an award
decision without further steps.
If the selection committee elects not to award based upon evaluation scoring, it
may engage in a forced elimination process. To inform this process, it may require
oral presentations or interviews with the Offerors considered to be in the
competitive range. If oral presentations or interviews are conducted, they may also
be scored, or they may simply be considered as information supporting the forced
elimination process. The selection committee may request revisions to the
proposal from each of the Offerors at the conclusion of the interviews. The intent
of the forced elimination process is to reach consensus. The decision will be based
on all relevant factors, and based upon perception of best value. The final decision
may or may not exactly reflect scoring ranking.
The City also reserves the right to request best and final offers from all Offerors
at any point in the proposal evaluation process.
3.4 AWARD OF CONTRACT
It is anticipated that there will be negotiations or discussions with Offerors.
However, the City reserves the right to award without negotiations or discussions.
The City also reserves the right to award a contract not necessarily or merely to
the Offeror with the most advantageous price. The City intends to award to the
Offeror that demonstrates the best value to the City and the most substantiated
ability to fulfill the requirements contained in this Request for Proposal. A contract
prepared by the City will be finalized and/or negotiated with the successful Offeror.
In the event a contract cannot be negotiated with the top ranked Offeror, the City
may enter into negotiations with the second highest ranked Offeror, or the City may
decide to call for new proposals. Immediately after the notice of award, the
successful Offeror will begin planning in conjunction with the City of Colorado
Springs staff (to be designated by the City) to ensure fulfillment of all its obligations.
The successful Offeror may be expected to attend regular meetings as required by
the City to assist in the preparation for startup.
SECTION IV – SPECIAL CONTRACT TERMS AND CONDITIONS
SPECIAL CONTRACT TERMS AND CONDITIONS/SPECIAL SOLICITATION
PROVISIONS/FEDERAL CONTRACT TERMS AND CONDITIONS
In addition to the special contract terms and conditions listed below, the City’s sample
contract, see Exhibit 2, contains contract terms and conditions.
ADA Standards: It is a requirement of the City and required by law that any new or
renovated facility meet the scoping and technical requirements of the 2010 ADA
Standards for newly designed and constructed or altered local government facilities,
public accommodations, and facilities. The selected Design Professional shall design
the project so it both conforms to the 2010 ADA Standards, as applicable and as
amended, and is readily accessible to and usable by individuals with disabilities. The
selected Contractor shall build the project so it both conforms to the 2010 ADA
Standards, as applicable and as amended, and is readily accessible to and usable by
individuals with disabilities. Facilities that are designed, constructed, and/or altered
facilities that meet or exceed the IBC 2015/ANSI A117.1 2009, used by Pikes Peak
Regional Building Department, will be accepted as meeting or exceeding the 2010 ADA
Standards.
PROVISIONS FOR SOLICITATIONS SUBJECT TO FAA REQUIREMENTS
1. AFFIRMATIVE ACTION REQUIREMENT
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY
1.
The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Employment Opportunity Construction Contract
Specifications” set forth herein.
2.
The goals and timetables for minority and female participation, expressed in percentage
terms for the Contractor’s aggregate workforce in each trade on all construction work in
the covered area, are as follows:
Timetables
Goals for minority participation for each trade:
6.61%
Goals for female participation in each trade:
6.61%
These goals are applicable to all of the Contractor’s construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the Contractor performs
construction work in a geographical area located outside of the covered area, it shall apply the
goals established for such geographical area where the work is actually performed. With
regard to this second area, the Contractor also is subject to the goals for both its federally
involved and nonfederally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part
60-4 shall be based on its implementation of the Equal Opportunity Clause, specific
affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and
its efforts to meet the goals. The hours of minority and female employment and training must
be substantially uniform throughout the length of the contract, and in each trade, and the
Contractor shall make a good faith effort to employ minorities and women evenly on each of
its projects. The transfer of minority or female employees or trainees from Contractor to
Contractor or from project to project for the sole purpose of meeting the Contractor’s goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part
60-4. Compliance with the goals will be measured against the total work hours performed.
3.
The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs (OFCCP) within 10 working days of award of any
construction subcontract in excess of $10,000 at any tier for construction work under
the contract resulting from this solicitation. The notification shall list the name, address,
and telephone number of the subcontractor; employer identification number of the
subcontractor; estimated dollar amount of the subcontract; estimated starting and
completion dates of the subcontract; and the geographical area in which the
subcontract is be performed.
4.
As used in this notice and in the contract resulting from this solicitation, the “covered
area” is Colorado Springs, El Paso County, Colorado.
2. TITLE VI SOLICITATION NOTICE
The City of Colorado Springs, in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to
this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity
to submit bids in response to this invitation and no businesses will be discriminated against on
the grounds of race, color, national origin (including limited English proficiency), creed, sex
(including sexual orientation and gender identity), age, or disability in consideration for an
award.
3. BUY AMERICAN PREFERENCE
The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other
related Made in America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that
Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP
funded projects are produced in the United States, unless the Federal Aviation Administration
has issued a waiver for the product; the product is listed as an Excepted Article, Material Or
Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide
Buy American Waivers Issued list.
The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy
American Preference, BABA and Made in America laws included herein with their bid or offer.
The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a
completed certification of compliance with FAA’s Buy American Preference and BABA.
The bidder or offeror certifies that all constructions materials, defined to mean an article,
material, or supply other than an item of primarily iron or steel; a manufactured product; cement
and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding
agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-
based products (including polyvinylchloride, composite building materials, and polymers used in
fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are
manufactured in the U.S.
4. DAVIS BACON REQUIREMENTS
The Davis-Bacon Act (40 USC §§ 3141-3144, 3146, and 3147) ensures that laborers and
mechanics employed under the contract receive pay no less than the locally prevailing wages
and fringe benefits as determined by the Department of Labor.
29 CFR part 5 establishes specific language a Sponsor must use. The Sponsor may not make
any modification to the standard language. A/E firms that employ laborers and mechanics on a
task that meets the definition of construction, alteration, or repair are acting as a contractor.
The Sponsor may not substitute the term “Contractor” for “Consultant” in such instances.
5. BIDDER OR OFFEROR CERTIFICATION
CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it
nor its principals are presently debarred or suspended by any Federal department or agency
from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a
“covered transaction”, must confirm each lower tier participant of a “covered transaction” under
the project is not presently debarred or otherwise disqualified from participation in this
federally-assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to
disclose to a higher tier participant that it was excluded or disqualified at the time it entered the
covered transaction, the FAA may pursue any available remedies, including suspension and
debarment of the non-compliant participant.
6. DISADVANTAGED BUSINESS ENTERPRISE
A. Bid Information Submitted as a matter of responsiveness:
The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the
good faith effort requirements of 49 CFR § 26.53.
As a condition of responsiveness, the Bidder or Offeror must submit the following
information with its proposal on the forms provided herein:
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms
that will participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from Bidder or Offeror that attests their commitment to use the
DBE firm(s)listed under (1) to meet the Owner’s project goal
5) Written confirmation from each listed DBE firm that it is participating in the
contract in the kind and amount of work provided in the prime contractor's
commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of
good faith efforts undertaken by the Bidder or Offeror as described in appendix A
to 49 CFR part 26. The documentation of good faith efforts must include copies
of each DBE and non-DBE subcontractor quote submitted to the bidder when a
non-DBE subcontractor was selected over a DBE for work on the contract.
B. Bid Information Submitted as a matter of responsibility:
The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the
good faith effort requirements of 49 CFR § 26.53.
As a condition of responsibility, every Bidder or Offeror must submit the following
information on the forms provided herein within five days after bid opening.
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms
that will participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from Bidder or Offeror that attests their commitment to use the
DBE firm(s)listed under (1) to meet the Owner’s project goal;
5) Written confirmation from each listed DBE firm that it is participating in the
contract in the kind and amount of work provided in the prime contractor's
commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of
good faith efforts undertaken by the Bidder or Offeror as described in appendix A
to 49 CFR part 26. The documentation of good faith efforts must include copies
of each DBE and non-DB subcontractor quote submitted to the bidder when a
non-DBE subcontractor was selected over a DBE for work on the contract.
C. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of
Colorado Springs to practice nondiscrimination based on race, color, sex, or national
origin in the award or performance of this contract. The Owner encourages participation
by all firms qualifying under this solicitation regardless of business size or ownership.
D. The Contractor, subrecipient or subcontractor 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
DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or
such other remedy as the recipient deems appropriate, which may include, but is not
limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
E. PROMPT PAYMENT
The prime contractor agrees to pay each subcontractor under this prime contract for
satisfactory performance of its contract no later than [specify number of days, not to
exceed 30] days from the receipt of each payment the prime contractor receives from
[Name of recipient]. The prime contractor agrees further to return retainage payments to
each subcontractor within [specify number of days, not to exceed 30] days after the
subcontractor’s work is satisfactorily completed. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written
approval of the [Name of Recipient]. This clause applies to both DBE and non-DBE
subcontractors.
F. TERMINATION OF DBE SUBCONTRACTS
The prime contractor must not terminate a DBE subcontractor listed in response to
[include Solicitation paragraph number where paragraph 12.3.1, Solicitation Language
appears] (or an approved substitute DBE firm) without prior written consent of [Name of
Recipient]. This includes, but is not limited to, instances in which the prime contractor
seeks to perform work originally designated for a DBE subcontractor with its own forces or
those of an affiliate, a non-DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply
the materials for which each is listed unless the contractor obtains written consent [Name
of Recipient]. Unless [Name of Recipient] consent is provided, the prime contractor shall
not be entitled to any payment for work or material unless it is performed or supplied by
the listed DBE.
[Name of Recipient] may provide such written consent only if [Name of Recipient] agrees,
for reasons stated in the concurrence document, that the prime contractor has good cause
to terminate the DBE firm. For purposes of this paragraph, good cause includes the
circumstances listed in 49 CFR §26.53.
Before transmitting to [Name of Recipient] its request to terminate and/or substitute a DBE
subcontractor, the prime contractor must give notice in writing to the DBE subcontractor,
with a copy to [Name of Recipient], of its intent to request to terminate and/or substitute,
and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's
notice and advise [Name of Recipient] and the contractor of the reasons, if any, why it
objects to the proposed termination of its subcontract and why [Name of Recipient] should
not approve the prime contractor's action. If required in a particular case as a matter of
public necessity (e.g., safety), [Name of Recipient] may provide a response period shorter
than five days.
In addition to post-award terminations, the provisions of this section apply to preaward
deletions of or substitutions for DBE firms put forward by offerors in negotiated
procurements.
7. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the
same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay,
recordkeeping, and child labor standards for full and part-time workers.
The [Contractor | Consultant] has full responsibility to monitor compliance to the referenced
statute or regulation. The [Contractor | Consultant] must address any claims or disputes that
arise from this requirement directly with the U.S. Department of Labor – Wage and Hour
Division.
8. TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any
resultant contract, the Offeror –
1) is not owned or controlled by one or more citizens of a foreign country included in the list
of countries that discriminate against U.S. firms as published by the Office of the United
States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person
that isa citizen or national of a foreign country included on the list of countries that
discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project
that is produced in a foreign country included on the list of countries that discriminate
against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18 USC § 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the
Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The Contractor must
require subcontractors provide immediate written notice to the Contractor if at any time it learns
that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country
included on the list of countries that discriminate against U.S. firms published by the
USTR; or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a
foreign country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such
USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate
this provision for certification without modification in all lower tier subcontracts. The Contractor
may rely on the certification of a prospective subcontractor that it is not a firm from a foreign
country included on the list of countries that discriminate against U.S. firms as published by
USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when
making an award. If it is later determined that the Contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct
through the Owner cancellation of the contract or subcontract for default at no cost to the Owner
or the FAA.
9. CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, 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
Bidder or Offeror, 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 influencing or attempting to influence 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.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients
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 section 1352, title 31, U.S. Code. 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.
10. PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, and the regulatory
provisions of 40 CFR Part 247. In the performance of this contract and to the extent
practicable, the Contractor and subcontractors are to use products containing the highest
percentage of recovered materials for items designated by the Environmental Protection
Agency (EPA) under 40 CFR Part 247 whenever:
The contract requires procurement of $10,000 or more of a designated item during the
fiscal year; or
The contractor has procured $10,000 or more of a designated item using Federal
funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-
procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated
products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
SECTION V – EXHIBITS
5.0 EXHIBITS
Exhibit 1 Proposal Certification
Exhibit 2 Sample Contract
Exhibit 3 Exceptions
Exhibit 4 RESERVED
Exhibit 5 Federal Forms
Exhibit 6 Qualification Statement
Exhibit 7 Evaluation Scoresheet
EXHIBIT 1 PROPOSAL CERTIFICATION
Check or Mark the space after each number to indicate compliance.
1. ______ Address of Offeror’s Principal Place of Business:
Does Offeror have an established office or facility in Colorado Springs?
Yes _____ No _____
If yes, indicate address below if different than Principal Place of Business.
Colorado Springs Facility - Year established ___________
Address of Colorado Springs Facility:
Percent of Work to be Performed from Principal Place of Business? ______
Percent of Work to be Performed from Colorado Springs Facility? ______
2. ______ Indicate your ability to provide a certificate of insurance evidencing the required
coverage types and limits specified in Minimum Insurance Requirements Exhibit. (The
certificate of insurance must reflect the City of Colorado Springs as an Additional Insured,
as applicable.)
Indicate your ability to comply with the following requirements:
The City shall be added as an Additional Insured to all liability policies:
Yes _____ No _____
Your property and liability insurance company is licensed to do business in Colorado:
Yes _____ No _____
Provide the name of your property and liability insurance company here:
Name: ___________________________________________________________
Your property and liability insurance company has an AM best rating of not less than B+
and/or VII:
Yes _____ No _____
Worker’s Compensation Insurance is carried for all employees and covers work done in
Colorado.
Yes _____ No _____
3. _N/A_____ Provide one (1) copy of current financial statements (if required). Enclose
financial information in a separate envelope; do not bind with the other proposal copies.
If review of the information is to be restricted to the City's financial officer, it must be
marked accordingly. City may require financial statements for this RFP for
shortlisted offerors.
4. ______ Provide the completed and signed proposal. (Proposals must be identified as
specified in this RFP document). All required Exhibits are attached.
By signing below, the Offeror certifies that no person or firm other than the Offeror or as
otherwise indicated has any interest whatsoever in this offer or any Contract that may be
entered into as a result of this offer and that in all respects the offer is legal and firm,
submitted in good faith without collusion or fraud.
Offeror has appointed _______________________ as the Offeror’s representative and
contact for all questions or clarifications in regard to this Offeror.
Telephone: (___) ____________
Email: _________________
The undersigned acknowledges and understands the terms, conditions, Specifications
and all Requirements contained and/or referenced and are legally authorized by the
Offeror to make the above statements or representations.
(Name of Company) (Signature)
(Address) Date
(City, State and Zip) (Telephone Number)
______________________
(Name typed/Printed) (Title)
_______________________________________
(E-Mail Address)
FEDERAL TAX ID #
This Company Is: Corporation___ Individual____ Partnership____
LLC____
Offeror hereby acknowledges receipt of the following amendments, if applicable
Offeror agrees that it is bound by all Amendments identified herein.
AMENDMENT #1____________ DATED:________________
AMENDMENT #2____________ DATED:________________
AMENDMENT #3____________ DATED:________________
Please Note the attached Representations and Certifications must be initialed by
Offeror in the spaces provided and returned with this certification.
REPRESENTATIONS AND CERTIFICATIONS
Exhibit 1 Continued
1. INSURANCE REQUIREMENTS
Offeror shall comply with all insurance requirements and will submit the Insurance
Certificates prior to performance start date. If limits are different from the stated amounts,
Offeror shall explain variance. Certain endorsements and “additionally insured”
statements may require further clarification and specific statements on a project specific
basis and should have been described in the Offeror’s proposal.
__________
Initials for 1
2. ETHICS VIOLATIONS
a) The Offeror shall have in place and follow reasonable procedures designed to prevent
and detect possible violations described in this clause in its own operations and direct
business relationships.
b) Offeror certifies the Offeror has not violated or caused any person to violate, and shall
not violate or cause any person to violate, the City’s Code of Ethics contained in Article
3, of Chapter 1 of the City Code and in the City's Procurement Rules and Regulations
c) When the Offeror has reasonable grounds to believe that a violation described in this
clause may have occurred, the Offeror shall promptly report the possible violation to the
City Contracts Specialist in writing.
c) The Offeror must disclose with the signing of this proposal, the name of any officer,
director, or agent who is also an employee of the City and any City employee who owns,
directly or indirectly, an interest of ten percent (10%) or more in the Offeror’s firm or any
of its branches.
d) In addition, the Offeror must report any conflict or apparent conflict, current or
discovered during the performance of the Contract, to the City Contracts Specialist.
e) The Offeror shall not engage in providing gifts, meals or other amenities to City
employees. The right of the Offeror to proceed may be terminated by written notice issued
by City Contracts Specialist if Offeror offered or gave a gratuity to an officer, official, or
employee of the City and intended by the gratuity to obtain a contract or favorable
treatment under a contract.
f) The Offeror shall cooperate fully with the City or any agency investigating a possible
violation on behalf of the City. If any violation is determined, the Offeror will properly
compensate the City.
g) The Offeror agrees to incorporate the substance of this clause (after substituting
“Contractor” for “Offeror”) in all subcontracts under this offer.
___________
Initials for 2
3. ILLEGAL ALIENS
If Offeror has any employees or subcontractors, Offeror shall comply with § 8-17.5-101,
et seq., C.R.S. regarding Illegal Aliens – Public Contracts for Services, and this section
of this Agreement. 8-17.5-102 includes, in part, that:
1. Offeror shall not:
a. Knowingly employ or contract with an illegal alien to perform work under this
Agreement; or
b. Enter into a contract with a subcontractor that fails to certify to Offeror that the
subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement.
2. Offeror has verified or attempted to verify that Offeror does not employ any illegal
aliens and, will participate in the E-Verify Program or State Department program in
order to confirm eligibility of all employees who are newly hired to perform work
under public contract for services.
3. Offeror will not use E-Verify Program or State Department program procedures to
undertake pre-employment screening of job applicants while the public contract for
services is being performed.
4. If Offeror obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Provider shall:
a. Notify the subcontractor and the City within three days that Offeror has actual
knowledge that the subcontractor is employing or contracting with an illegal alien;
and
b. Terminate the subcontract with the subcontractor if within three days of receiving
such notice, the subcontractor does not stop employing or contracting with the
illegal alien. However, the Offeror shall not terminate the contract with the
subcontractor if during this three day period:
i. The subcontractor provides information which establishes that the
subcontractor has not knowingly employed or contracted with an illegal
alien, and
ii. The Offeror will not employ the illegal aliens in the performance of any City
contract.
5. Offeror shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is
undertaking pursuant to the authority established in §8-17.5-102(5), C.R.S.
6. If Offeror violates this provision, the City may terminate the contract for a breach of
contract. If the Agreement is terminated, the Offeror shall be liable for actual and
consequential damages.
___________
Initials for 3
4. COOPERATION WITH OTHER CONTRACTORS
Other City activities/contracts may be in progress or start during the performance of this
contract. The Offeror shall coordinate the work harmoniously with the other contractors
or City personnel, if applicable.
___________
Initials for 4
5. INTERNET USE
Should the Offeror require access to City Internet resources in the performance of this
requirement, a “Contractor’s Internet Use Agreement” form must be separately signed by
each individual having access to the City Network. The completed Contractor’s Internet Use
Agreement will be maintained with this agreement. Inappropriate use of the City Network
will be grounds for immediate termination of any awarded contact.
___________
Initials for 5
6. LITIGATION
If awarded a contract, Offeror shall notify the City within five (5) calendar days after being
served with a summons, complaint, or other pleading in any matter which has been filed
in any federal or state court or administrative agency. The Offeror shall deliver copies of
such document(s) to the City's Procurement Services Manager. The term "litigation"
includes an assignment for the benefit of creditors, and filings of bankruptcy,
reorganization and/or foreclosure.
__________
Initials for 6
7. CONTRACTOR’S REGISTRATION INFORMATION
Offeror’s firm verifies and states that they are (check all that apply):
_______ Large Business (i.e. do not qualify as a small business or non-profit)
_______ Nonprofit
_______ Small Business
_______ Black Owned Business
_______ Disadvantaged Business Owner
_______ Hispanic Owned Business
_______ Native American Owned Business
_______ Woman Owned Business
_______ Veteran Owned Business
_______ Other
Note: The City accepts self-certification for these categories in accordance with Small
Business Administration (SBA) standards. The SBA size standards are found on the
SBA website https://www.sba.gov/content/am-i-small-business-concern.
__________
Initials for 7
8. CONTRACTOR PERSONNEL
a) The Offeror shall appoint one of its key personnel as the “Authorized
Representative” who shall have the power and authority to interface with the City and
represent the Offeror in all administrative matters concerning this proposal and any
awarded contract, including without limitation such administrative matters as correction
of problems modifications, and reduction of costs.
b) The Authorized Representative shall be the person identified in the Offeror’s
proposal, unless the Offeror provides written notice to the City naming another person
to serve as its Authorized Representative. Communications received by the City
Contracts Specialist from the Authorized Representative shall be deemed to have been
received from the Offeror.
The individual, ____________________________________ (Name)
with position, _____________________________________ (Title)
Can be reached at
Work telephone number: ___________________________
Home telephone number: ___________________________
Cellular telephone number: __________________________
E-mail address: ___________________________________
____________
Initials for 8
9. OFFEROR’S CERTIFICATION
The undersigned hereby affirms that:
a) He/She is a duly authorized agent of the Offeror;
b) He/She has read and agrees to the City’s standard terms and conditions attached.
c) The offer is presented in full compliance with the collusive prohibitions of the City of
Colorado Springs. The Offeror certifies that no employee of its firm has discussed, or
compared the offer with any other offeror or City employee and has not colluded with any
other offeror or City employee.
d) The Offeror certifies that it has checked all of its figures, and understands that the
City will not be responsible for any errors or omissions on the part of the Offeror in
preparing its proposal.
e) By submitting an offer the Offeror certifies that it has complied and will comply with
all requirements of local, state, and federal laws, and that no legal requirements have
been or will be violated in making or accepting this solicitation.
I hereby certify that I am submitting the proposal based on my company's capabilities to
provide quality products and/or services on time.
____________
Initials for 9
10. OFFEROR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS:
1. The Offeror certifies to the best of its knowledge and belief, that (i) the Offeror
and/or any of its Principals
a. Are ( ), Are not ( ) presently debarred, suspended, proposed for debarment,
or declared ineligible for the award of contracts by any Federal agency;
b. Have ( ), Have not ( ), within a three year period preceding this offer, been
convicted of or had a civil judgment rendered against them for: commission
of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, local) contract or subcontract;
violation of Federal or state antitrust statutes relation to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statement, tax evasion, or receiving
stolen property; and
c. Are ( ), Are not ( ) presently indicated for, or otherwise criminally or civilly
charged by a governmental entity with, commission of any of the offenses
enumerated in any paragraphs above.
2. The Offeror shall provide immediate written notice to the City Contracts Specialist
if, at any time prior to contract award, the Offeror learns that its certification was
erroneous when submitted or has become erroneous by reasons of changed
circumstances.
3. The certification in paragraph 1. above, is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the
Offeror knowingly rendered an erroneous certification, in addition to other
remedies available to the City, the City Contracts Specialist may terminate the
contract resulting from this solicitation for default. Termination for default may
result in additional charges being levied for the costs incurred by the City to initiate
activities to replace the awarded Contractor.
____________
Initials for 10
11. ACCEPTANCE OF CITY CONTRACTS SPECIALIST’S SOLE AUTHORITY
FOR CHANGES
Unless otherwise specified in the Contract, the Offeror hereby agrees that any changes
to the scope of work, subsequent to the original contract signing, shall be generated in
writing and an approval signature shall be obtained from the City Contracts Specialist
prior to additional work performance.
____________
Initials for 11
12. CITY CONTRACTOR SAFETY PROGRAM
The Offeror hereby agrees to adhere to a worker safety program for contractor
employees on a City job site or location. By initialing below, the Offeror has reviewed
the information and will abide by the City Policy which is available for review:
https://coloradosprings.gov/finance/page/procurement-regulations-and-documents
____________
Initials for 12
13. ACCEPTANCE OF CITY ENVIRONMENTALLY PREFERRED PURCHASING
(EPP) POLICY
The City of Colorado Springs is committed to buying more environmentally preferable
goods and services, as long as they meet performance needs, are available within a
reasonable time and at a reasonable cost. The Offeror hereby acknowledges review of
this policy by initialing below.
https://coloradosprings.gov/finance/page/procurement-regulations-and-documents
____________
Initials for 13
14. FRAUD, WASTE, AND ABUSE
Everyone has a duty to report any suspected unlawful act impacting the City of
Colorado Springs operations and its enterprises. Anyone who becomes aware of the
existence or apparent existence of fraud, waste, and abuse in City of Colorado Springs
is encouraged to report such matters to the City Auditor’s Office in writing or on the
telephone hotline 385-2387 (ADTR). Written correspondence can be mailed to:
City Auditor
P.O. Box 2241
Colorado Springs CO 80901
Or via email FraudHotline@coloradosprings.gov. Any of these mechanisms allow for
anonymous reporting. For more information, please go to the website
https://coloradosprings.gov/cityfraud.
____________
Initials for 14
Name of Company:
Federal Tax ID Number:
DUNS Number:
Principle Place of Business:
____________________________________________
Signature of Authorized Representative
Printed Name:
Title:
Date:
EXHIBIT 2 SAMPLE CONTRACT
SAMPLE CONTRACT WILL BE POSTED AS AN ADDENDUM
EXHIBIT 3 EXCEPTIONS
Print the words "no exceptions"(here)___________________________ if there are no
exceptions taken to any of the terms, conditions, or specifications of these proposal
documents or contract.
If there are exceptions taken to any of the terms, conditions, or specifications of the
proposal document or contract, they must be clearly stated on a separate sheet of
paper attached to this sheet and returned with your proposal.
Note: All potential Offerors are hereby advised that exceptions taken may be considered
during the evaluation phase which may affect the final scoring of proposals. Offerors
stipulating that the City must use their contract or agreement may be determined non-
responsive and their Proposal determined unacceptable.
Company Name: ________________________________________________
Address: ________________________________________________
(City, State and Zip Code)
Authorized Signature: ________________________________________________
Date: ________________
Printed Name/Title: _______________________________________________
Return this form with your Proposal.
EXHIBIT 4 RESERVED
EXHIBIT 5 FEDERAL FORMS
Please Note: These (5) Forms Must be Submitted with Proposal
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned duly authorized official of the proposer certifies to the best of its knowledge
and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false
statements or receiving stolen property.
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any of the offenses enumerated in paragraph
(B) of this certification; and
D. Have not within a three-year period preceding this application/proposal had one or more
public transaction (federal, state or local) terminated for cause or default.
E. Are not on the Comptroller General’s List of Ineligible Bidders or any similar list maintained
by any other governmental entity.
Where the proposer is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
(Check One)
I DO CERTIFY (_____) I DO NOT CERTIFY (_____)
Date: _________________________________
Signature: ___________________________________________
Title: ______________________________________________
RESTRICTIONS ON LOBBYING CERTIFICATION
Pursuant to United States Public Law 101-121, Section 319, the undersigned duly authorized
official of the proposer hereby certifies, to the best of her/his knowledge and belief, that:
1. No Federal appropriated funds have paid or will be paid, by or on behalf of the undersigned,
to any person for the purpose of influencing or attempting to influence 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 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 or agency for influencing or attempting to influence 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 a Standard Form-LLL, “Disclosure Form
to Report Lobbying”, in accordance with its instructions.
3. The undersigned duly authorized official shall require and ensure that the language of this
certification be included in any award documents for subcontracts, grants, loans, and
cooperative agreements, and that all subcontractors shall so 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. The submission of this Certification is a prerequisite for
making or entering into this transaction, imposed by Title 31 USC Section 1352. Any proposer
(person) who fails to file the required certification shall be subject to civil penalty of not less than
ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for
each such failure to file.
Proposer: __________________________________________
Signature: __________________________________________
Title: __________________________________________
Date: __________________________________________
NON-COLLUSION AFFIDAVIT
The undersigned duly authorized official of the proposer hereby certifies, to the best of her/his
knowledge and belief, that:
1. That I am an officer or employee of the ______ (proposing entity) having the authority to sign
on behalf of the corporation, and,
2. That the prices in the attached proposal were arrived at independently by
_________________________ (proposing entity) without collusion, consultation,
communication, or any agreement, for the purpose of restricting competition as to any matter
relating to such prices with any other proposer or with any other competitor regarding an
understanding, or planned common course of action with any other vendor of materials,
supplies, equipment, or service described in the RFP/IFB designed to limit independent
proposals or competition; and
3. That unless otherwise required by law, the contents and prices contained in the proposal
have not been communicated by _______________________(proposing entity) or its
employees or agents to any person not an employee or agent of
__________________________ (proposing entity), or its surety on any bond furnished with the
proposal, and will not be communicated to any such person prior to the official opening of the
proposal; and,
4. That I have fully informed myself regarding the accuracy of the statements made in this
affidavit.
Proposer: ______________________________________
Signature: ______________________________________
Title: ______________________________________
Date: ______________________________________
EQUAL EMPLOYMENT STATUS REPORT
Contractor’s Name _____________________________________________________________
Street Address ________________________________________________________________
City ___________________________________ State _________ Zip Code _______________
This firm is:
Independently owned and operated
An affiliate parent company
A subsidiary of address
A division City and State
#
Statement
Has
Has Not
1
Developed and has on file an affirmative action program in
conformance with 41 CFR 60-2
2
Participated in any previous contract or subcontract subject to the
equal opportunity clause either with the City of any Federal Agency
3
Filed with the City, or where applicable, joint Reporting Committee, or
other Federal Agency, all reports due under the applicable contract(s)
or subcontract(s)
4
Contractor’s Equal Employment Opportunity Program been subject to
a Federal Equal Opportunity Compliance Review, If so state date of
Review: ________________
Signature ____________________________________________________________________
Date ____________________________
Title ________________________________________________________________________
Certification of Compliance with FAA Buy American Preference –
Construction Projects
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit
this certification statement with its proposal. The bidder or offeror must indicate how it intends
to comply with 49 USC § 50101, BABA and other related Made in America Laws, U.S.
statutes, guidance, and FAA policies, by selecting one of the following certification statements.
These statements are mutually exclusive. Bidder must select one or the other (i.e., not both)
by inserting a checkmark (✓) or the letter “X”.
Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and
other related U.S. statutes, guidance, and policies of the FAA by:
a) Only installing iron, steel and manufactured products produced in the United
States;
b) Only installing construction materials defined as: an article, material, or supply –
other than an item of primarily iron or steel; a manufactured product; cement and
cementitious materials; aggregates such as stone, sand, or gravel; or aggregate
binding agents or additives that are or consist primarily of non-ferrous metals;
plastic and polymer-based products (including polyvinylchloride, composite
building materials, and polymers used in fiber optic cables); glass (including optic
glass); lumber or drywall that have been manufactured in the United States.
c) Installing manufactured products for which the Federal Aviation Administration
(FAA) has issued a waiver as indicated by inclusion on the current FAA
Nationwide Buy American Waivers Issued listing; or
d) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
a) To provide to the Airport Sponsor or the FAA evidence that documents the
source and origin of the iron, steel, and/or manufactured product.
b) To faithfully comply with providing U.S. domestic products.
c) To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines justified.
d) Certify that all construction materials used in the project are manufactured in the
U.S.
The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy
American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4
waiver under 49 USC § 50101(b). By selecting this certification statement, the
apparent bidder or offeror with the apparent low bid agrees:
a) To the submit to the Airport Sponsor or FAA within 15 calendar days of being
selected as the responsive bidder, a formal waiver request and required
documentation that supports the type of waiver being requested.
b) That failure to submit the required documentation within the specified timeframe
is cause for a non-responsive determination that may result in rejection of the
proposal.
c) To faithfully comply with providing U.S. domestic products at or above the
approved U.S. domestic content percentage as approved by the FAA.
d) To furnish U.S. domestic product for any waiver request that the FAA rejects.
e) To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction
materials or manufactured goods are not available in sufficient quantity or quality in the United
States. The required documentation for the Nonavailability waiver is
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire
b) Record of thorough market research, consideration where appropriate of qualifying
alternate items, products, or materials including;
c) A description of the market research activities and methods used to identify
domestically manufactured items capable of satisfying the requirement, including the
timing of the research and conclusions reached on the availability of sources.
Type 3 Waiver – The cost of components and subcomponents produced in the United States
is more than 60 percent of the cost of all components and subcomponents of the
“facility/project.” The required documentation for a Type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;
b) Listing of all manufactured products that are not comprised of 100 percent U.S. domestic
content (excludes products listed on the FAA Nationwide Buy American Waivers Issued
listing and products excluded by Federal Acquisition Regulation Subpart 25.108;
products of unknown origin must be considered as non-domestic products in their
entirety).
c) Cost of non-domestic components and subcomponents, excluding labor costs
associated with final assembly and installation at project location.
d) Percentage of non-domestic component and subcomponent cost as compared to total
“facility” component and subcomponent costs, excluding labor costs associated with final
assembly and installation at project location.
Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured
goods or construction materials would increase the cost of the overall project by more than 25
percent. The required documentation for this waiver is:
a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from
b) At minimum two comparable equal bids and/or offers;
c) Receipt or record that demonstrates that supplier scouting called for in Executive Order
14005, indicates that no domestic source exists for the project and/or component;
d) Completed waiver applications for each comparable bid and/or offer.
False Statements: Per 49 USC § 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under Title 18, United
States Code.
Date Signature
Company Name Title
EXHIBIT 6 – QUALIFICATION STATEMENT
CITY OF COLORADO SPRINGS
QUALIFICATION STATEMENT
This statement will provide information which will enable the City to evaluate the qualifications of your firm
and staff with regard to the requirements of this Request for Proposal. Please complete this form in its
entirety and submit it (in the number of copies requested) along with the other required proposal documents.
If a request in the Qualification Statement is contained in the proposal, indicate the section in the proposal
where that information can be found.
(PRINT)
FIRM NAME:
ADDRESS:
CITY STATE ZIP:
AUTHORIZED REPRESENTATIVE:
TITLE:
AUTHORIZED SIGNATURE:
PHONE:
FAX:
E-MAIL ADDRESS:
1. TYPE OF BUSINESS
2. TYPE OF LICENSE & LOCATION
CORPORATION
INDIVIDUAL
PARTNERSHIP
JOINT VENTURE
OTHER:
3. TYPE OF SERVICE TO BE PROVIDED FOR RFP:
4. NUMBER OF YEARS IN BUSINESS:
5. ON A SEPARATE SHEET PROVIDE A BRIEF HISTORY OF YOUR FIRM, STAFF SIZE
AND EXPERIENCE. SUBMIT A RESUME FOR THE PROJECT MANAGER AND EACH
KEY PERSONNEL ASSIGNED TO THIS PROJECT.
6. WHAT OTHER NAME(S) HAS YOUR COMPANY OPERATED UNDER:
7. HAVE YOU OR YOUR FIRM EVER FAILED TO COMPLETE ANY WORK AWARDED TO
YOU?
YES
NO
IF “YES”, EXPLAIN:
8. HAS ANY OFFICER OR PARTNER OF YOUR ORGANIZATION EVER BEEN AN OFFICER
OR PARTNER OF ANOTHER ORGANIZATION THAT FAILED TO COMPLETE A
CONTRACT WITHIN THE LAST FIVE (5) YEARS?
YES
NO
IF “YES”, EXPLAIN:
RFP 24-038CA
QUALIFICATION STATEMENT – PAGE 2
9. HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN INVOLVED IN ANY
BANKRUPTCY ACTION? YES
NO
IF “YES”, EXPLAIN:
10. ARE YOU PRESENTLY INVOLVED IN ANY LITIGATION WITH ANY
GOVERNMENT AGENCY?
YES
NO
IF “YES”, EXPLAIN TYPE,
KIND, PLAINTIFF, DEFENDANT, ETC., AND STATE THE CURRENT STATUS:
11. BANK REFERENCE:
ADDRESS:
CONTACT:
PHONE:
12. LIST THREE (3) SIMILAR PROJECTS (LOCAL OR STATE-WIDE) FROM LAST FIVE (5)
YEARS-INCLUDE LOCATION OF PROJECT, SIZE OF PROJECT (CONTRACT AMOUNT),
CONTACT NAME, ADDRESS, TELEPHONE NUMBERS
NOTE: DETAILED INFORMATION ON THESE PROJECTS MAY ALSO BE REQUESTED IN
THE RFP PACKAGE.
1.
Location of Project:
Size of Project:
Contract Amount:
Contact Name and Title:
Contract Address:
Contact telephone and FAX Numbers:
2.
Location of Project:
Size of Project:
Contract Amount:
Contact Name:
Contact Address:
Contact telephone and FAX Numbers:
3.
Location of Project:
Size of Project:
Contract Amount:
Contact Name:
Contact Address:
Contact telephone and FAX Numbers:
13. LIST CURRENT SIMILAR PROJECTS (LOCAL OR STATE-WIDE) UNDER CONTRACT-
INCLUDE LOCATION OF PROJECT, SIZE OF PROJECT (CONTRACT AMOUNT) CONTACT
NAME, ADDRESS, TELEPHONE NUMBERS.
NOTE: DETAILED INFORMATION ON THESE PROJECTS MAY ALSO BE REQUESTED IN
THE RFP PACKAGE.
1.
Location of Project:
Size of Project:
Contract Amount:
Contact Name and Title:
Contact Address:
Contact telephone and FAX Numbers:
2.
Location of Project:
Size of Project:
Contract Amount:
Contact Name and Title:
Contact Address:
Contact telephone and FAX Numbers:
3.
Location of Project:
Size of Project:
Contract Amount:
Contact Name and Title:
Contact Address:
Contact telephone and FAX Numbers:
14.
LIST OF SUB-CONTRACTORS TO BE USED FOR THIS PROJECT:
(INCLUDE NAME, ADDRESS, TELEPHONE NUMBER, TYPE OF WORK)
1.
Name:
Address:
Telephone Number:
Type of Work:
2.
Name:
Address:
Telephone Number:
Type of Work:
3.
Name:
Address:
Telephone Number:
Type of Work:
IF ADDITIONAL INFORMATION IS PROVIDED ON A SEPARATE SHEET FOR ANY OF THE
ITEMS, CLEARLY SPECIFY WHERE IT CAN BE LOCATED IN YOUR PROPOSAL
PACKAGE.
EXHIBIT 7 – EVALUATION SCORESHEET
PROPOSAL EVALUATION SCORE SHEET
SOLICITATION NUMBER AND TITLE: R24-038CA EAST TERMINAL UPGRADES (CMAR)
Proposer’s Name: ________________________________
Evaluator # _____
RFP EVALUATION CRITERIA DESCRIPTION
SCORE
1. MANAGEMENT AREA (TOTAL AVAILABLE POINTS: 40)
The Offeror must explain its method of managing the work to be
performed. The content must include, but no necessarily be limited to, the
following information.
In the Management Area, the Offeror should provide a plan of operation, to
include management of personnel, workload, schedule, and budget. It
should also include an organization chart which demonstrates clear and
effective lines of authority, responsibility, and communication for plans, etc.
COMMENTS:
A. Organization and Experience (10 POINTS)
1. Provide a brief description of the Offeror’s company size and
organizational structure, including how this project would fit within that
structure. Include an overview of the Offeror’s financial stability, capacity,
resources, and bonding capabilities. (maximum 2 pages)
2. Prior airport experience shall not be required as a prerequisite for award
of this contract, however COS may consider the experience of each
contractor on comparable projects. Describe at least three (3) projects of
similar size and complexity in the last 10 years, which include CMaR
services, where the Offeror has provided similar services, and provide
letters from Owner providing reference addressing the Offeror’s
performance for each project and success in meeting established schedule
and budget. All provided reference letters should be dated, current, and
include contact information including telephone number and email address.
(maximum 9 pages)
COMMENTS:
Exceptional
Very Good
Satisfactory
Marginal
Unacceptable
Rating: ____
B. Project Team (20 POINTS)
1. The following are considered “Key Individuals” in the Offeror’s proposed
team:
a. Project Lead, who serves as the single lead for the selected Offeror and
acts as the primary point of contact with the City and COS. Responsible for
overall management and delivery of the Project and Offeror performance.
b. Preconstruction Manager, responsible for preconstruction services
including cost control, scheduling, and phasing all aspects of the project
including procurement of long-lead items.
c. Construction Manager, responsible for management and oversight of
all construction aspects of the project including Owner coordination
d. General Superintendent, responsible for coordinating all construction
activities of the project including subcontractor activity.
2. Describe the experience of the Offeror’s proposed Key Individual team
members that illustrates successful experience providing Construction
services, which may include CMaR services or work at airports, on three
(3) projects of similar size and scope within the past ten (10) years.
(maximum 9 pages)
3. Location and Workload: Identify addresses of the proposed daily working
office during pre-construction and proposed daily working office during
construction of Key Individuals. As a consideration of the Respondent’s
recent, current, and forecasted workloads, the Respondent must also state
the commitment and availability of all Key Individuals listed. The Airport will
evaluate these criteria to determine how the Respondent’s Key Individuals
will provide the best value to the project. (maximum 1 page)
4. Include a project organization chart of key team members, including any
subcontractors to be assigned specifically to this project. Identify the
individual who will be empowered to act on behalf of the Offeror. Identify
DBE sub-contractors and/or sub-consultants to be utilized for
preconstruction services if included. (maximum 1 page – can be 11x17 and
reserve side left blank)
5. Offerors shall provide a resume for each proposed key team member.
(Resumes limited to two (2) pages per person)
6. Changes in Key Personnel: Following RFP submission, the following
actions may not be undertaken by an Awarded Offeror without the Airport’s
prior written consent, which may be withheld at the Airport’s sole discretion:
Exceptional
Very Good
Satisfactory
Marginal
Unacceptable
Rating: ____
a. Deletion, substitution, or change in the composition of any team
member identified in the RFP response or a change in the role or
scope of work of a team member
b. Deletion or substitution of key personnel or a change in the role or
position of such key personnel
c. Should any of the above actions occur, the Airport’s written
consent may be promptly requested and COS must be provided
enough details of the proposed change (including, among other
things, the information that is required in this RFP) to facilitate the
Airport’s consideration thereof. COS may accept, reject, or seek
additional information at its sole discretion. Regarding the Offeror,
COS will base its decision on whether the Offeror still meets the
minimum criteria contained in this RFP and whether COs would still
have selected the Offeror if the change had occurred before
submission of the RFP response.
COMMENTS:
C. Schedule and Budget Controls (10 POINTS)
1. Describe the Offeror and Key Individuals’ past successes in meeting
established schedules and budgets for projects of similar size and
complexity as a general contractor or construction manager, by providing
project examples with the bid amount or GMP and final completed
construction costs, and initial schedule and actual completion. (maximum 3
pages)
2. Describe how Respondent will develop and control construction costs for
this project, during pre-construction, development of the GMP, and
construction of the project. (maximum 2 pages)
COMMENTS:
Exceptional
Very Good
Satisfactory
Marginal
Unacceptable
Rating: ____
Sum of Ratings in Management Area (Add numbers in Section 2.A., 2.B and
2.C):
2. TECHNICAL AREA (TOTAL AVAILABLE POINTS: 20)
In the Technical Area, the Offeror should address each work area in
sufficient detail to demonstrate a clear and full understanding of the work.
The proposal should not merely parrot the requirements of the RFP.
Further, the Offeror should provide evidence of sufficient planning to
ensure the work is completed on schedule and within budget.
A. Project Approach (20 POINTS)
1. Offeror demonstrates an understanding of the project, operating at an
active airport, the constraints that apply to the project and outlines ideas,
approaches, and strategies that can result in a successful project under
those conditions.
2. Describe in detail the Offeror’s approach to the Project, with emphasis
on how the respondent will engage and collaborate work with the Owner
and Design Team, and deliver the Project in an effective, timely,
economical and professional manner. (maximum 6 pages)
3. Describe the Offeror’s safety program as it will be applied to this Project.
(maximum 2 pages)
4. Describe in detail the Respondent’s approach to providing quality control
services throughout the pre-construction and construction phases of the
project. (maximum 2 pages)
5. Provide a staffing plan for both preconstruction and construction
services. Include both internal staff as well as outside trade partners and
explain how they will be utilized to execute the project successfully and
efficiently. (maximum 4 pages).
Exceptional
Very Good
Satisfactory
Marginal
Unacceptable
Rating: ____
Total Technical Area (Insert number from Section 3 evaluation above):
3. PRICE AREA (TOTAL AVAILABLE POINTS: 15)
1. Pre-Construction Services Fees: The proposed fee for the Pre-
Construction Services defined within should be a flat fee.
Submit a lump sum cost for Construction Management Pre-Construction
Services based upon information provided in this RFP to include personnel
expenses, project estimates, GMP development, preliminary project
schedules, value engineering, constructability reviews, pre-planning,
overhead and profit, and other services through the pre-construction phase
of the project. Include all insurance, fees, bond, labor, and non-labor costs.
Personnel should include the project management staff, including but not
limited to: project managers, administrative staff, office engineers,
estimators, schedulers, and other required staff. Non-labor expenses may
include cost for such items as cell phones, vehicles and transportation
costs, outside staff, reimbursable costs, other general expenses, overhead
and fees (for Pre-Construction only).
2. Construction Services Fees: For work or services performed during the
Construction Phase, the fee is to be proposed in a percent cost of the
established GMP.
Exceptional
Very Good
Satisfactory
Marginal
Unacceptable
Rating: ____
Schedule A.1 and A.2 have Offeror’s Fee for Pre-Construction AND
Construction Fees
COMMENTS:
Total Price Area (Insert number from Section 4 evaluation above):
4. PROPOSAL PRESENTATION (TOTAL AVAILABLE POINTS: 5)
Presentation is an important factor. Offerors should provide a highly
professional product, which is complete, accurate, easily understood, and
effectively presented.
1. Offeror’s submitted RFP package meets all requirements listed and was
presented in an orderly and succinct format.
2. The RFP package complies with the format and content requirements
set forth in this RFP and in the appropriate sections.
COMMENTS:
Exceptional
Very Good
Satisfactory
Marginal
Unacceptable
Rating: ____
Total Proposal Presentation Area (Insert number from Section 5 evaluation
above):
LOCATION BONUS (IF APPLICABLE)
Total Bonus Points for location:
N/A
EXCEPTIONS PROPOSED
What (if any) exceptions (redlines to our terms and conditions) were
proposed? Are they acceptable?
COMMENTS:
Pass/Fail
TOTAL SCORE FOR WRITTEN PROPOSAL – Add Evaluation Scores
from Sections 2-5 and location bonus (if applicable).
Proposal
Score:
5. INTERVIEW (IF DETERMINED TO BE NEEDED)
20 POINTS AVAILABLE
THIS SECTION WILL ONLY BE APPLICABLE FOR SHORT-LISTED
OFFERERS
OVERVIEW
1. The Selection Committee will use interview short-listed firms to
clarify any questions or topics from its review of the RFP submissions and
confirm or modify its evaluation of these submissions.
2. The proposed Key Individuals who lead the Offeror’s
preconstruction and construction teams and will have day-to-day
responsibility for each phase of the Project, will be expected to participate
and lead the interview presentations.
3. The interview will address the Offeror’s qualifications, approach to
this project, ability to furnish the required services, and any other
questions that may be included with the shortlist notification.
4. Interviews will include up to a 30-minute presentation by the
shortlisted Offerors, with an additional 30 minutes for questions from the
evaluation committee.
5. Electronic copies of interview presentations must be furnished to
COS at the time of the interview.
TOTAL SCORE FOR INTERVIEW
Interview Score:
TOTAL FINAL SCORE FOR PROPOSAL AND INTERVIEW
Overall Proposal Strengths:
Overall Proposal Weaknesses:
SECTION VI
1.0 SCHEDULES
Schedule A.1 Price Sheet for Pre-Construction Services
Schedule A.2 Price Sheet for Construction Services
Schedule B General Construction Terms and Conditions
Schedule C Scope of Work
Schedule D FAA Required Contract Provisions
Schedule E Minimum Insurance Requirements
Schedule F COS FIS 50% Design Documents
Schedule G Security and Badging
SCHEDULE A.1 – PRICE SHEET FOR PRE-CONSTRUCTION SERVICES
East Terminal Unit Upgrades for
Federal Inspection Station
Schedule A.1
PRE -Construction
Services Price
Sheet
PRE-CONSTRUCTION SERVICES FEES
NOTES
A. Pre-Construction Services Flat Fee
Lump Sum:
Does not apply to Construction
Services
Company Name: _______________________________________________________________
Name: ________________________________________________________________________
Title: _________________________________________________________________________
Date: __________________________________________________________________________
SCHEDULE A.2 – PRICE SHEET FOR CONSTRUCTION SERVICES
East Terminal Unit Upgrades for
Federal Inspection Station
Schedule A.2
Construction
Services Price
Sheet
CONSTRUCTION SERVICES FEES
NOTES
A. Construction Manager at Risk (CMaR) FEE (Lump
Sum % of GMP)
% of GMP:
Does not apply to Pre-
Construction Services
(Insert fee in Percent Format)
B. Self-Performed Work Fee (%) (as defined in the
contract)
%
Does not apply to Pre-
Construction Services
(Insert fee in Percent Format)
C. Insurance
%
Does not apply to Pre-
Construction Services
(Insert fee in Percent Format)
D. 100% Performance and Payment Bond
%
Does not apply to Pre-
Construction Services
(Insert fee in Percent Format)
E. Percent Fee Adjustment (for the General
Contractor, Subcontractors, and Supplies on changes
to the scope of work after establishing the GMP).
%
Does not apply to Pre-
Construction Services
(Insert fee in Percent Format)
F. Proposed Shared Savings Split %
% Owner
% CMaR
Does not apply to Pre-
Construction Services
(Insert fee in Percent Format)
Company Name: _______________________________________________________________________
Name: _________________________________________________________________________________
Title: ___________________________________________________________________________________
Date: __________________________________________________________________________________
SCHEDULE B – GENERAL CONSTRUCTION TERMS AND CONDITIONS
Schedule B – General Construction Terms and Conditions, Version 100316 are hereby
incorporated by reference, with the same force and effect as if they were given in full text. Upon
request, the City will make their full text available. Also, the full text of a clause may be
accessed electronically at this address:
https://www.coloradosprings.gov/finance/page/procurement-regulations-and-documents
The referenced General Construction Terms and Conditions will be incorporated in the resultant
Contract
SCHEDULE C – SCOPE OF WORK
The Colorado Springs Airport (COS) is seeking a qualified Construction Manager at Risk
(CMAR) to provide Design and Pre-Construction Phase and Construction Phase services
for East Terminal Unit (ETU) upgrades to accommodate a new Federal Inspection Station
(FIS) for Customs and Border Protection (CBP) activities at COS.
Project Description
The Project Site is within the ETU, which is located directly east of the main terminal
building at COS. At the time of advertisement, the FIS is in Schematic Design. The project
work elements consist of the following:
1. Interior remodel to accommodate a new FIS facility per U.S. Customs and Border
Protection’s Airport Technical Design Standards (2021)
a. Components may include but are not limited to:
i. Primary Processing and Inspection
a) Baggage Claim/Conveyor
ii. Secondary Processing and Inspection
iii. Detention Suite with Storage
iv. Agricultural Inspection and Lab Spaces
v. Canine Enforcement Spaces and Kennels
vi. Operational Support Spaces
b. Due to the sensitive national security interest surrounding CBP
programming and planning, once an awarded Offeror is under
contract, an appropriate Non-Disclosure Agreement (NDA) will be
executed in order to allow the CMaR to have access to the documents
and inclusion in meetings with the Design Team, COS Staff, and CBP
for coordination.
2. Interior remodel to accommodate a new FIS facility that addresses:
a. Mechanical
b. Electrical/IT/Data
c. Plumbing/Fire Suppression
d. Standard Tenant Finishes
e. Furniture, Fixtures, and Equipment
f. Vertical circulation including escalators
g. Various spaces for queuing, bag claim, offices
h. Special systems work for access control, CCTV, coordination for specialty
equipment
i. Turnkey delivery to tenant
3. Period of performance to achieve substantial completion by December 2024
4. Coordination with the Airport and ongoing projects:
a. The Airport is a 24 hours a day, 365 days a year facility which requires
construction activity to minimize impacts to daily operations. The project
will require the Contractor to be knowledgeable in minimizing downtime of
operating utilities and systems and planning/phasing/staging the work to
limit impacts to Airport operations and maintain a safe and secure facility
while under construction.
Pre-Construction Services – shall include, but are not limited to, the following:
1. Recurring constructability, completeness, and cost review of the project design
progress documents, and construction documents/specifications as they are
developed by the Design Team, including materials selection and construction
methods
2. Develop, update, and maintain a detailed Project Schedule throughout the pre-
construction phase;
3. Lead Role in the development of detailed construction phasing plans which
account for airport and airline operations, including temporary or special system
required to maintain a safe, secure, and continuous 24/7 operation of existing
facilities by tenants and stakeholders during construction
4. Analysis of existing airport infrastructure to aid in the establishment of project
phasing and continuity of service
5. Preparation of detailed cost estimates at each stage of the design. Prepare
appropriate recommendations to keep the project on budget. Review estimates
and budget recommendations with the Design Team and COS Staff to reconcile
if needed. The goal is to make the “best value” assessment of the proposed
budget and for the CmaR to make recommendations on an ongoing basis to
avoid last minute “value engineering” after the work is bid during the GMP stage.
6. Collaborate with the project team to develop the optimum approach to bidding
and subcontracting the construction
7. Selecting qualified DBE firms to participate and ensuring compliance with the
project’s DBE goals
8. Prequalification of potential first-tier subcontract bidders;
9. Division of the work scope into packages (if required);
10. Planning for procurement of long-lead items to maintain project schedule;
11. Management of subcontractor bidding in accordance with City of Colorado
Springs policies and procedures
12. Tabulating bids, preparation of a draft Guaranteed Maximum Price (GMP)
proposal and negotiating final GMP with COS
13. Draft and Final GMP shall incorporate a detailed construction schedule. The
detailed schedule shall identify the critical path and include items such as
preparation of shop drawings by each subcontractor, review and approval
periods for submittals (and resubmission if appropriate), lead times for material
procurement, off-site fabrication, and delivery to stie for inclusion in the work
14. Execution of the GMP Construction Contract.
Contractor Submits Bid for Project (Early Construction Contract)
If time and/or money can be saved by allowing the contractor to start initial work
prior to the completion of the total design package, the City may ask the
contractor to prepare a lump sum or unit cost bid for a portion of the work.
If the City elects to use this contracting option, it proceeds as follows:
• The City and the contractor will agree upon a scope of work to accomplish in this
phase of the contract. The agreement may take the form of a set of plans or it
may consist of something less formal such as sketches, drawings, or written
descriptions. Both parties must agree that the scope of work is clear and
unambiguous.
• The contractor will prepare a “bid” to perform the agreed to scope of work. The
contractor will use the developed work breakdown structure (WBS) as a basis for
the bid
• The contractor will submit the “bid” to the City of Colorado Springs Project
Manager. The City will secure an independent cost estimate for the work. Upon
opening the contractor’s “bid” the City will determine the acceptability of the “bid”
by comparing it to the independent cost estimate and the engineers estimate.
• The City personnel reviewing these costs may include: the project manager,
members of the design team, and/or an estimating consultant if hired.
• If the prices are acceptable, the City will prepare a construction contract for this
portion of the work. If a previous construction contract had been entered into, this
work will be added to that contract by change order.
If the prices are not acceptable, the City may enter into negotiations with the
contractor. The City of Colorado Springs has the option to accept a negotiated
price or to terminate the CMAR process and procure the construction project or
by some other method.
Construction Services – upon execution of the GMP, Construction Services shall
generally include, but are not limited do, the following:
1. Managing, coordinating, and supervising all aspects of construction of the project
while maintaining airport operations, security, and safety at all times.
2. Furnishing at all times an adequate supply of management staff, workers and
materials to perform the work in an efficient and expeditious manner, which is
consistent with the Owner’s interests. Prior to Contract execution, the Offeror
shall submit a staffing plan for review and subsequent approval by COS
3. The selected Offeror will prepare and submit all applications for permits and
approvals required by Authorities having Jurisdiction, make arrangements for and
pay all associated fees, including resubmittals and splices.
4. Monitor progress of work to meet the construction completion date and schedule
incorporated into the GMP. Monthly reporting on progress of the work on the
schedule shall be submitted to COS. If revisions to the schedule are made, they
shall be clearly identified and highlighted, specifically changes to the critical path
and the utilization of ‘float’ in the schedule, for approval by COS. The original
baseline schedule incorporated into the executed GMP shall also be monitored
throughout the construction phase and progress tracked against the baseline
schedule. Monthly tracking against the baseline schedule shall also be reported
monthly to COS to allow COS to track progress against both the original baseline
schedule and subsequent approved revisions.
5. Manage and document the submittal process (submittal log) and ensure all
required submittals (shop drawings, product information, calculations, samples,
mock-ups) are scheduled to allow sufficient periods of review, incorporating
comments, resubmittal (if required) and also allow sufficient time for the ordering
of materials, factory assembly or manufacture, and delivery to site for
incorporation into the work;
6. Within 30 days of GMP execution and Notice to Proceed (NTP) issuance, provide
a submittal schedule which reflects accurately the project schedule incorporated
into the GMP. Any variations shall be identified and submitted for review and
approval. Any variations shall also be incorporated into the overall project
schedule; shall be clearly identified; and shall be submitted to COS for review
and approval.
7. Prepare monthly management progress reports, showing percentage of work
complete, submittal log update, RFI log update and other information required by
COS;
8. Maintain daily logs and make available to Owner and Engineer/Architect,
including regular monitoring of weather, work progress, number of workers on
site, identification of equipment on site, problems that affect progress of the work,
accidents, injuries, and other information required by Owner;
9. Conduct and prepare minutes for regular meetings with Owner Architect
Contractor (OAC meetings) at minimum of one OAC meeting weekly but more
frequently if required;
10. All questions and Requests for Information (RFIs) shall be documents and an
RFI log maintained by the contractor. The RFI and submittal logs shall be
submitted weekly through Procore to the Owner and Architect.
11. Prepare monthly detailed pay applications and utilize system for cost control
throughout the project.
12. No additional work shall be performed without an executed change order or
appropriate authorization in writing from the Owner. Contractor shall promptly
identify (within 72 hours), and notify in writing to Owner and Architect, issues that
could result in additional work or delay completion of the project. Such
notification shall include contractor’s proposed measures to mitigate cost
increase and minimize schedule impacts.
13. Coordination as required with airlines, airport tenants, and other stakeholders or
vendors engaged by the Airport.
In addition, the scope of services will be based on the following documents
and requirements:
1. COS FIS 50% Design Documents (included in RFP)
2. CBP Airport Technical Design Standard_2021 (FOR OFFICIAL USE
ONLY/Sensitive Security Information – to be shared ONLY with selected firm)
3. Airport Security Requirements (Schedule F): The Offeror shall be aware of
the requirements for working in and accessing secure or restricted areas of
the Airport and take into consideration staffing implications and time
associated with the Airport’s badging requirements, including tracking and
auditing.
SCHEDULE D – FAA REQUIRED CONTRACT PROVISIONS
A1.3 ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees
to provide the Owner, the Federal Aviation Administration and the Comptroller General of the
United States or any of their duly authorized representatives access to any books, documents,
papers and records of the Contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to
maintain all books, records and reports required under this contract for a period of not less
than three years after final payment is made and all pending matters are closed.
A2.3 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Employment Opportunity Construction Contract Specifications” set
forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage
terms for the Contractor’s aggregate workforce in each trade on all construction work in the
covered area, are as follows:
Timetables
Goals for minority and female participation for each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the Contractor performs
construction work in a geographical area located outside of the covered area, it shall apply the
goals established for such geographical area where the work is actually performed. With
regard to this second area, the Contractor also is subject to the goals for both its federally
involved and nonfederally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4
shall be based on its implementation of the Equal Opportunity Clause, specific affirmative
action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to
meet the goals. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade, and the
Contractor shall make a good faith effort to employ minorities and women evenly on each of its
projects. The transfer of minority or female employees or trainees from Contractor to
Contractor or from project to project for the sole purpose of meeting the Contractor’s goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part
60-4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs (OFCCP) within 10 working days of award of any construction
subcontract in excess of $10,000 at any tier for construction work under the contract resulting
from this solicitation. The notification shall list the name, address, and telephone number of
the subcontractor; employer identification number of the subcontractor; estimated dollar
amount of the subcontract; estimated starting and completion dates of the subcontract; and
the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the “covered area”
is El Paso County, Colorado Springs, Colorado.
A3.3 BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor or its
subcontractors may result in the suspension or termination of this contract or such other action
that may be necessary to enforce the rights of the parties of this agreement.
Owner will provide Contractor written notice that describes the nature of the breach and
corrective actions the Contractor must undertake in order to avoid termination of the contract.
Owner reserves the right to withhold payments to Contractor until such time the Contractor
corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will
identify a specific date by which the Contractor must correct the breach. Owner may proceed
with termination of the contract if the Contractor fails to correct the breach by the deadline
indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder are in addition to, and not a limitation of, any duties, obligations, rights
and remedies otherwise imposed or available by law.
A4.3.1 FAA BUY AMERICAN PREFERENCE
The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and
other related Made in America Laws,
1
U.S. statutes, guidance, and FAA policies, which
provide that Federal funds may not be obligated unless all iron, steel and manufactured goods
used in AIP funded projects are produced in the United States, unless the Federal Aviation
Administration has issued a waiver for the product; the product is listed as an Excepted Article,
Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA
Nationwide Buy American Waivers Issued list.
The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy
American Preference, BABA and Made in America laws included herein with their bid or offer.
The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include
a completed certification of compliance with FAA’s Buy American Preference and BABA.
1
Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders
relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or
“Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or
materials produced in the United States, including iron, steel, and manufactured products offered in the United
States.
The bidder or offeror certifies that all constructions materials, defined to mean an article,
material, or supply other than an item of primarily iron or steel; a manufactured product;
cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate
binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and
polymer-based products (including polyvinylchloride, composite building materials, and
polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in
the project are manufactured in the U.S.
A4.3.2 Certification of Compliance with FAA Buy American Preference – Construction
Projects
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit
this certification statement with its proposal. The bidder or offeror must indicate how it intends
to comply with 49 USC § 50101, BABA and other related Made in America Laws, U.S.
statutes, guidance, and FAA policies, by selecting one of the following certification statements.
These statements are mutually exclusive. Bidder must select one or the other (i.e., not both)
by inserting a checkmark (✓) or the letter “X”.
Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and
other related U.S. statutes, guidance, and policies of the FAA by:
e) Only installing iron, steel and manufactured products produced in the United
States;
f) Only installing construction materials defined as: an article, material, or supply –
other than an item of primarily iron or steel; a manufactured product; cement and
cementitious materials; aggregates such as stone, sand, or gravel; or aggregate
binding agents or additives that are or consist primarily of non-ferrous metals;
plastic and polymer-based products (including polyvinylchloride, composite
building materials, and polymers used in fiber optic cables); glass (including optic
glass); lumber or drywall that have been manufactured in the United States.
g) Installing manufactured products for which the Federal Aviation Administration
(FAA) has issued a waiver as indicated by inclusion on the current FAA
Nationwide Buy American Waivers Issued listing; or
h) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
e) To provide to the Airport Sponsor or the FAA evidence that documents the
source and origin of the iron, steel, and/or manufactured product.
f) To faithfully comply with providing U.S. domestic products.
g) To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines justified.
h) Certify that all construction materials used in the project are manufactured in the
U.S.
The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy
American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4
waiver under 49 USC § 50101(b). By selecting this certification statement, the
apparent bidder or offeror with the apparent low bid agrees:
f) To the submit to the Airport Sponsor or FAA within 15 calendar days of being
selected as the responsive bidder, a formal waiver request and required
documentation that supports the type of waiver being requested.
g) That failure to submit the required documentation within the specified
timeframe is cause for a non-responsive determination that may result in
rejection of the proposal.
h) To faithfully comply with providing U.S. domestic products at or above the
approved U.S. domestic content percentage as approved by the FAA.
i) To furnish U.S. domestic product for any waiver request that the FAA rejects.
j) To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction
materials or manufactured goods are not available in sufficient quantity or quality in the United
States. The required documentation for the Nonavailability waiver is
d) Completed Content Percentage Worksheet and Final Assembly Questionnaire
e) Record of thorough market research, consideration where appropriate of qualifying
alternate items, products, or materials including;
f) A description of the market research activities and methods used to identify
domestically manufactured items capable of satisfying the requirement, including the
timing of the research and conclusions reached on the availability of sources.
Type 3 Waiver – The cost of components and subcomponents produced in the United States
is more than 60 percent of the cost of all components and subcomponents of the
“facility/project.” The required documentation for a Type 3 waiver is:
e) Completed Content Percentage Worksheet and Final Assembly
Questionnaire including;
f) Listing of all manufactured products that are not comprised of 100 percent
U.S. domestic content (excludes products listed on the FAA Nationwide Buy
American Waivers Issued listing and products excluded by Federal
Acquisition Regulation Subpart 25.108; products of unknown origin must be
considered as non-domestic products in their entirety).
g) Cost of non-domestic components and subcomponents, excluding labor costs
associated with final assembly and installation at project location.
h) Percentage of non-domestic component and subcomponent cost as
compared to total “facility” component and subcomponent costs, excluding
labor costs associated with final assembly and installation at project location.
Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured
goods or construction materials would increase the cost of the overall project by more than 25
percent. The required documentation for this waiver is:
e) A completed Content Percentage Worksheet and Final Assembly Questionnaire from
f) At minimum two comparable equal bids and/or offers;
g) Receipt or record that demonstrates that supplier scouting called for in Executive Order
14005, indicates that no domestic source exists for the project and/or component;
h) Completed waiver applications for each comparable bid and/or offer.
False Statements: Per 49 USC § 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under Title 18, United
States Code.
A5.3.1 GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program, the Contractor agrees to comply with
pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race,
color, national origin (including limited English proficiency), creed, sex (including sexual
orientation and gender identity), age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
A6.4.2 Title VI SOLICITATION NOTICE
The City of Colorado Springs in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to
this advertisement, [select businesses, or disadvantaged business enterprises or airport
concession disadvantaged business enterprises] will be afforded full and fair opportunity to
submit bids in response to this invitation and no businesses will be discriminated against on the
grounds of race, color, national origin (including limited English proficiency), creed, sex
(including sexual orientation and gender identity), age, or disability in consideration for an
award.
A6.4.1 Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the
following non-discrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
USC § 4601) (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the
Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);
The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms “programs or activities” to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq)
(prohibit discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing
entities) as implemented by U.S. Department of Transportation regulations at 49 CFR
parts 37 and 38;
The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately
high and adverse human health or environmental effects on minority and low-income
populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs [70 Fed. Reg. 74087 (2005)];
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et
seq).
A6.4.2 Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
Compliance with Regulations: The Contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as
they may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender
identity), age, or disability in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not
participate directly or indirectly in the discrimination prohibited by the
Nondiscrimination Acts and Authorities, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 CFR
part 21.
Solicitations for Subcontracts, including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding or negotiation made by
the Contractor for work to be performed under a subcontract, including procurements
of materials, or leases of equipment, each potential subcontractor or supplier will be
notified by the Contractor of the contractor’s obligations under this contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national
origin.
Information and Reports: The Contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such Nondiscrimination
Acts and Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the Contractor will so certify to the Sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has made to obtain
the information.
Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the
non-discrimination provisions of this contract, the Sponsor will impose such contract
sanctions as it or the Federal Aviation Administration may determine to be
appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the
Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The
Contractor will take action with respect to any subcontract or procurement as the Sponsor or the
Federal Aviation Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the Sponsor to enter into any litigation to protect the interests of the
Sponsor. In addition, the Contractor may request the United States to enter into the litigation to
protect the interests of the United States.
A7.3 CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued
pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any
violation to the Owner immediately upon discovery. The Owner assumes responsibility for
notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceed $150,000.
A8.3 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic, including watchmen and guards, in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the
Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on
which such individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of
this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this clause.
A9.3 COPELAND “ANTI-KICKBACK” ACT
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC
874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3.
Contractor and subcontractors are prohibited from inducing, by any means, any person
employed on the project to give up any part of the compensation to which the employee is
entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly
statement on the wages paid to each employee performing on covered work during the prior
week. Owner must report any violations of the Act to the Federal Aviation Administration.
A10.3 DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalent thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto
and made a part hereof, regardless of any contractual relationship which may be alleged to
exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section;
also, regular contributions made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs which cover the particular weekly period,
are deemed to be constructively made or incurred during such weekly period. Such laborers
and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except
as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, that the employer’s payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed under (1)(ii) of this section)
and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can easily
be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting
officer shall approve an additional classification and wage rate and fringe benefits therefore
only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the Administrator of the Wage and
Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the
classification, or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work
in the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program,
Provided, that the Secretary of Labor has found, upon the written request of the Contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the Contractor under this contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay
any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on
the site of the work, all or part of the wages required by the contract, the Federal Aviation
Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take
such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker; his or her correct classification; hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily
and weekly number of hours worked; deductions made; and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall
maintain records that show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual costs incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party
to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to
the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation
Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on weekly transmittals. Instead
the payrolls shall only need to include an individually identifying number for each employee
(e.g., the last four digits of the employee’s social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form WH–347 is available for this
purpose from the Wage and Hour Division Web site at
https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certification or its
successor site. The prime contractor is responsible for the submission of copies of payrolls by
all subcontractors. Contractors and subcontractors shall maintain the full social security
number and current address of each covered worker and shall provide them upon request to
the Federal Aviation Administration if the agency is a party to the contract, but if the agency is
not such a party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the
case may be, for transmission to the Federal Aviation Administration, the Contractor, or the
Wage and Hour Division of the Department of Labor for purposes of an investigation or audit
of compliance with prevailing wage requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and social security numbers to the
prime contractor for its own records, without weekly submission to the sponsoring government
agency (or the applicant, Sponsor, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the Contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided
under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR §
5.5 (a)(3)(i), and that such information is correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit
such representatives to interview employees during working hours on the job. If the Contractor
or subcontractor fails to submit the required records or to make them available, the Federal
agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR §
5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Office of Apprenticeship Training, Employer and Labor Services,
or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in
his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the
Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction
on a project in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s
or subcontractor’s registered program shall be observed. Every apprentice must be paid at not
less than the rate specified in the registered program for the apprentice’s level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of
the apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor
Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of
an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under
the plan approved by the Employment and Training Administration. Every trainee must be paid
at not less than the rate specified in the approved program for the trainee’s level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination that provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
that is not registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws
approval of a training program, the Contractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated
by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration
may by appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided
in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts
1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the Contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees
or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC §
1001.
A11.3.1 CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it
nor its principals are presently debarred or suspended by any Federal department or agency
from participation in this transaction.
A11.3.2 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a
“covered transaction”, must confirm each lower tier participant of a “covered transaction” under
the project is not presently debarred or otherwise disqualified from participation in this
federally-assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offeror /Bidder
Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to
disclose to a higher tier participant that it was excluded or disqualified at the time it entered the
covered transaction, the FAA may pursue any available remedies, including suspension and
debarment of the non-compliant participant.
DISADVANTAGED BUSINESS ENTERPRISE
Bid Information Submitted as a matter of responsiveness:
The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good
faith effort requirements of 49 CFR § 26.53.
As a condition of responsiveness, the Bidder or Offeror must submit the following information
with its proposal on the forms provided herein:
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE
firm(s) listed under (1) to meet the Owner’s project goal
5) Written confirmation from each listed DBE firm that it is participating in the contract in the
kind and amount of work provided in the prime contractor's commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith
efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part
26. The documentation of good faith efforts must include copies of each DBE and non-
DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was
selected over a DBE for work on the contract.
Bid Information submitted as a matter of responsibility:
The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good
faith effort requirements of 49 CFR § 26.53.
As a condition of responsibility, every Bidder or Offeror must submit the following information
on the forms provided herein within five days after bid opening.
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE
firm(s) listed under (1) to meet the Owner’s project goal;
5) Written confirmation from each listed DBE firm that it is participating in the contract in the
kind and amount of work provided in the prime contractor's commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith
efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part
26. The documentation of good faith efforts must include copies of each DBE and non-
DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was
selected over a DBE for work on the contract.
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the [Insert Name
of Owner] to practice nondiscrimination based on race, color, sex, or national origin in the
award or performance of this contract. The Owner encourages participation by all firms
qualifying under this solicitation regardless of business size or ownership.
A12.3.3 PRIME CONTRACTS (PROJECTS COVERED BY A DBE PROGRAM)
The Contractor, subrecipient or subcontractor 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 DOT-assisted
contracts. Failure by the Contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as the
recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (49 CFR § 26.29; acceptable/sample text provided) –
The prime contractor agrees to pay each subcontractor under this prime contract for
satisfactory performance of its contract no later than [specify number of days, not to exceed
30] days from the receipt of each payment the prime contractor receives from [Name of
recipient]. The prime contractor agrees further to return retainage payments to each
subcontractor within [specify number of days, not to exceed 30] days after the subcontractor’s
work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the [Name
of Recipient]. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f); acceptable/sample text provided)
The prime contractor must not terminate a DBE subcontractor listed in response to [include
Solicitation paragraph number where paragraph 12.3.1, Solicitation Language appears] (or an
approved substitute DBE firm) without prior written consent of [Name of Recipient]. This
includes, but is not limited to, instances in which the prime contractor seeks to perform work
originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-
DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed unless the contractor obtains written consent [Name of
Recipient]. Unless [Name of Recipient] consent is provided, the prime contractor shall not be
entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
[Name of Recipient] may provide such written consent only if [Name of Recipient] agrees, for
reasons stated in the concurrence document, that the prime contractor has good cause to
terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances
listed in 49 CFR §26.53.
Before transmitting to [Name of Recipient] its request to terminate and/or substitute a DBE
subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a
copy to [Name of Recipient], of its intent to request to terminate and/or substitute, and the
reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice
and advise [Name of Recipient] and the contractor of the reasons, if any, why it objects to the
proposed termination of its subcontract and why [Name of Recipient] should not approve the
prime contractor's action. If required in a particular case as a matter of public necessity
(e.g., safety), [Name of Recipient] may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to preaward deletions
of or substitutions for DBE firms put forward by offerors in negotiated procurements.
A13.3 TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging
While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”,
(12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds
to adopt and enforce safety policies that decrease crashes by distracted drivers, including
policies to ban text messaging while driving when performing work related to a grant or
subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and
initiatives for its employees and other work personnel that decrease crashes by distracted
drivers, including policies that ban text messaging while driving motor vehicles while
performing work activities associated with the project. The Contractor must include the
substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a
motor vehicle in performance of work activities associated with the project.
A28.3 CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS
The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the
greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including,
but not limited to, iron, aluminum, steel, cement, and other manufactured products) in
compliance with 2 CFR § 200.322.
A16.31 EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identify, or national origin. 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. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to
the compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers’ representative of the
Contractor’s commitments under this section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this
contract or with any such rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as may be
directed by the Secretary of Labor as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction, the Contractor may request the United States to enter into such litigation to protect
the interests of the United States.
A16.3.2 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which
this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP),
U.S. Department of Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal social security number used on
the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific
Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in excess
of $10,000 the provisions of these specifications and the Notice which contains the applicable
goals for minority and female participation and which is set forth in the solicitations from which
this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or through an
association, its affirmative action obligations on all work in the Plan area (including goals and
timetables) shall be in accordance with that Plan for those trades which have unions
participating in the Plan. Contractors must be able to demonstrate their participation in and
compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor
participating in an approved plan is individually required to comply with its obligations under
the EEO clause and to make a good faith effort to achieve each goal under the Plan in each
trade in which it has employees. The overall good faith performance by other contractors or
subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s
or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of the total hours of employment
and training of minority and female utilization the Contractor should reasonably be able to
achieve in each construction trade in which it has employees in the covered area. Covered
construction contractors performing construction work in a geographical areas where they do
not have a Federal or federally assisted construction contract shall apply the minority and
female goals established for the geographical area where the work is being performed. Goals
are published periodically in the Federal Register in notice form, and such notices may be
obtained from any Office of Federal Contract Compliance Programs office or from Federal
procurement contracting officers. The Contractor is expected to make substantially uniform
progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom the Contractor has a collective bargaining agreement, to refer either minorities or
women shall excuse the Contractor’s obligations under these specifications, Executive Order
11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the Contractor during
the training period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs approved
by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor’s compliance with these specifications shall be
based upon its effort to achieve maximum results from its actions. The Contractor shall
document these efforts fully, and shall implement affirmative action steps at least as extensive
as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor’s employees are assigned
to work. The Contractor, where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other onsite supervisory personnel are aware of and carry out the
Contractor’s obligation to maintain such a working environment, with specific attention to
minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the Contractor or its unions have employment opportunities available,
and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority
and female off-the-street applicant and minority or female referral from a union, a
recruitment source, or community organization and of what action was taken with respect
to each such individual. If such individual was sent to the union hiring hall for referral and
was not referred back to the Contractor by the union or, if referred, not employed by the
Contractor, this shall be documented in the file with the reason therefor, along with
whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor has
other information that the union referral process has impeded the Contractor’s efforts to
meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor’s employment needs,
especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting
its EEO obligations; by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report, etc.; by specific
review of the policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy on bulletin
boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions including specific review of
these items with onsite supervisory personnel such superintendents, general foremen, etc.,
prior to the initiation of construction work at any job site. A written record shall be made
and maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor’s EEO policy with other contractors
and subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor’s recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the Contractor
shall send written notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer, and vacation employment to
minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that separate
or single-user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance
under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling
one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor
association, joint contractor-union, contractor-community, or other similar group of which the
Contractor is a member and participant may be asserted as fulfilling any one or more of its
obligations under 7a through 7p of these specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on
the employment of minorities and women in the industry, ensures that the concrete benefits of
the program are reflected in the Contractor’s minority and female workforce participation,
makes a good faith effort to meet its individual goals and timetables, and can provide access
to documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group
to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both minority
and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a
particular group is employed in a substantially disparate manner (for example, even though the
Contractor has achieved its goals for women generally, the Contractor may be in violation of
the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, sexual orientation,
gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination, and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive
Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract
Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall
be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
paragraph 7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply with the requirements
of the Executive Order, the implementing regulations, or these specifications, the Director shall
proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports relating
to the provisions hereof as may be required by the Government, and to keep records.
Records shall at least include for each employee, the name, address, telephone numbers,
construction trade, union affiliation if any, employee identification number when assigned,
social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay,
and locations at which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing records satisfy this
requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of requirements
for the hiring of local or other area residents (e.g. those under the Public Works Employment
Act of 1977 and the Community Development Block Grant Program).
A17.3 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the
same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay,
recordkeeping, and child labor standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The Contractor must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor – Wage and Hour Division
A18.3 CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his
or her knowledge and belief, that:
(4) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Bidder or Offeror, 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.
(5) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence 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.
(6) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients
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 section 1352, title 31, U.S. Code. 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.
A19.3 MODEL CONTRACT CLAUSE
PROHIBITION OF SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its employees
any segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where segregated
facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the
Equal Employment Opportunity clause in this contract.
(b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees that are segregated by
explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual
orientation, gender identity, or national origin because of written or oral policies or employee
custom. The term does not include separate or single-user rest rooms or necessary dressing
or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is
subject to the Equal Employment Opportunity clause of this contract.
A26.3 TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any
resultant contract, the Offeror –
1) is not owned or controlled by one or more citizens of a foreign country included in the
list of countries that discriminate against U.S. firms as published by the Office of the
United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a
person that is a citizen or national of a foreign country included on the list of countries
that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project
that is produced in a foreign country included on the list of countries that discriminate
against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18 USC § 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the
Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The Contractor
must require subcontractors provide immediate written notice to the Contractor if at any time it
learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country
included on the list of countries that discriminate against U.S. firms published by the
USTR; or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a
foreign country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such
USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate
this provision for certification without modification in all lower tier subcontracts. The Contractor
may rely on the certification of a prospective subcontractor that it is not a firm from a foreign
country included on the list of countries that discriminate against U.S. firms as published by
USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when
making an award. If it is later determined that the Contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct
through the Owner cancellation of the contract or subcontract for default at no cost to the
Owner or the FAA.
A20.3 OCCUPATIONAL SAFTETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The
employer must provide a work environment that is free from recognized hazards that may
cause death or serious physical harm to the employee. The employer retains full responsibility
to monitor its compliance and their subcontractor’s compliance with the applicable
requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The
employer must address any claims or disputes that pertain to a referenced requirement
directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
A14.3 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating
to use and procurement of certain telecommunications and video surveillance services or
equipment in compliance with the National Defense Authorization Act [Public Law 115-232 §
889(f)(1)].
A21.3 PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, and the regulatory
provisions of 40 CFR Part 247. In the performance of this contract and to the extent
practicable, the Contractor and subcontractors are to use products containing the highest
percentage of recovered materials for items designated by the Environmental Protection
Agency (EPA) under 40 CFR Part 247 whenever:
The contract requires procurement of $10,000 or more of a designated item during the fiscal
year; or
The contractor has procured $10,000 or more of a designated item using Federal
funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-
procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated
products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
A24.3 CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must
indicate its current status as it relates to tax delinquency and felony conviction by inserting a
checkmark (✓) in the space following the applicable response. The applicant agrees that, if
awarded a contract resulting from this solicitation, it will incorporate this provision for
certification in all lower tier subcontracts.
Certifications
The applicant represents that it is ( ✓ ) is not ( ✓ ) a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
The applicant represents that it is ( ✓ ) is not ( ✓ ) a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant
is ineligible to receive an award unless the Sponsor has received notification from the agency
suspension and debarment official (SDO) that the SDO has considered suspension or
debarment and determined that further action is not required to protect the Government’s
interests. The applicant therefore must provide information to the owner about its tax liability
or conviction to the Owner, who will then notify the FAA Airports District Office, which will then
notify the agency’s SDO to facilitate completion of the required considerations before award
decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty
four (24) months of a felony criminal violation under any Federal law and includes
conviction of an offense defined in a section of the U.S. Code that specifically classifies
the offense as a felony and conviction of an offense that is classified as a felony under
18 USC § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted, or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
A25.3.1 TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT
CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providing written
notice to the Contractor. Such action may be without cause and without prejudice to any other
right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly
directed by the Owner, the Contractor shall immediately proceed with the following obligations
regardless of any delay in determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the
notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and
partially completed work, supplies, equipment and materials acquired prior to
termination of the work, and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work
related to this contract that Owner will take possession.
Owner agrees to pay Contractor for:
1. Completed and acceptable work executed in accordance with the contract documents
prior to the effective date of termination;
2. Documented expenses sustained prior to the effective date of termination in performing
work and furnishing labor, materials, or equipment as required by the contract
documents in connection with uncompleted work;
3. Reasonable and substantiated claims, costs, and damages incurred in settlement of
terminated contracts with Subcontractors and Suppliers; and
4. Reasonable and substantiated expenses to the Contractor directly attributable to
Owner’s termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss
arising out of or resulting from the Owner’s termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies
provided by law or under this contract.
A25.3.2 TERMINATION FOR CAUSE (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes standard language for
conditions, rights, and remedies associated with Owner termination of this contract for cause
due to default of the Contractor.
A27.3 VETERAN’S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions),
the Contractor and all sub-tier contractors must give preference to covered veterans as
defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-
era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and
small business concerns (as defined by 15 USC § 632) owned and controlled by disabled
veterans. This preference only applies when there are covered veterans readily available and
qualified to perform the work to which the employment relates.
SCHEDULE E – MINIMUM INSURANCE REQUIREMENTS
The following listed minimum insurance requirements shall be carried by all contractors and
consultants unless otherwise specified in the City’s solicitation package, Special Provisions or
Standard Specifications.
1. ☒ Commercial General Liability for limits not less than $5,000,000 combined single limit
with $5,000,000 aggregate for bodily injury and property damage for each occurrence.
Coverage shall include blanket contractual, broad form property damage, products and
completed operations.
2. ☒ Workers’ Compensation and Employers Liability as required by statute. Employers
Liability coverage is to be carried for a minimum limit of $1,000,000.
3. ☒ Automobile Liability covering any auto (including owned, hired, and non-owned autos)
with a minimum of $1,000,000 each accident combined single limit.
4. ☐ Excess Liability for limits not less than $1,000,000 combined single limit for bodily injury
and property damage for each occurrence.
5. ☒ Builders Risk or Installation Floater Insurance: Contractor shall purchase and maintain
property insurance written on a builder’s risk “all-risk” or equivalent policy form in the
amount of the initial Contract Sum, plus value of subsequent Contract Modifications and
cost of materials supplied or installed by others, comprising total value for the entire
Project at the site on a replacement cost basis without optional deductibles. Such
property insurance shall be maintained, unless otherwise provided in the Contract
Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made or until no person or
entity other than the Owner has an insurable interest in the property.
6. ☒ Professional Liability Insurance covering any damages caused by an error, omission or
any negligent Acts with limits of not less than $2,000,000 per occurrence and in the
aggregate.
a. In the event that any professional liability insurance required by this Contract is
written on a claims-made basis, Consultant warrants that any retroactive date under the
policy shall precede the effective date of this Contract; and that either continuous
coverage will be maintained or an extended discovery period will be exercised for a
period of three (3) years beginning at the time work under this Contract is completed.
b. Policy shall contain a waiver of subrogation against the CITY.
7. ☐ Pollution Legal Liability Insurance shall apply to sudden and gradual pollution conditions
resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written on a claims-
made basis, the Contractor warrants that any retroactive date applicable to coverage
under the policy precedes the effective date of this Contract; and that continuous
coverage will be maintained or an extended discovery period will be exercised for a
period of three (3) years beginning from the time that work under this contract is
completed. Policy limits shall be no less than $1,000,000 per loss with $2,000,000
aggregate coverage.
8. ☐ Technology Errors and Omissions Liability including Network Security and Privacy
Liability not less than $3,000,000 per loss with a $3,000,000 aggregate.
a. The policy shall provide a waiver of subrogation.
b. The insurance shall provide coverage for liability arising from theft,
dissemination and/or use of confidential information stored or transmitted
in electronic form.
c. Network Security Liability arising from the unauthorized access to, use of
or tampering to gain access to your services including denial of service,
unless caused by a mechanical or electrical failure
d. Liability arising from the introduction of a computer virus into, or otherwise
causing damage to, a customer’s or third person’s computer, computer
system, network or similar computer related property and the data,
software, and programs thereon.
9. ☐ Employee Crime Coverage shall include employee dishonesty, forgery or alteration and
computer fraud. If Contractor is physically located on CITY premises, third party fidelity
coverage extension shall apply. The policy shall include coverage for all directors,
officers, agents and employees of the Contractor. Coverage limit will be not less than
$1,000,000 per loss.
a. The bond or policy shall include coverage for extended theft and
mysterious disappearance.
b. The bond or policy shall not contain a condition requiring an arrest and
conviction.
10. ☐ Liquor Legal Liability Insurance: If the event producer is a business that manufactures,
distributes, sells, or serves alcoholic beverages, and intends to serve or sell alcoholic
beverages at an event, they must also submit a Certificate of Insurance providing proof
of a liquor legal liability insurance policy or properly endorsed general liability policy.
a. If this event producer hires a vendor to serve or sell alcoholic beverages,
rather than providing the alcohol themselves, they must submit a
Certificate of Insurance from the vendor providing proof of a liquor legal
liability insurance policy or properly endorsed general liability policy.
b. In either case, the minimum acceptable limit of liability per claim and
aggregate is $1,000,000. This requirement applies to the business or
group which serves or sells the alcohol.
Except for workers’ compensation and employer’s liability insurance and Professional Liability,
the City of Colorado Springs must be named as an additional insured. Certificates of Insurance
must be submitted before commencing the work and provide 30 days’ notice prior to any
cancellation, non-renewal, or material changes to policies required under the contract.
All coverage furnished by contractor is primary, and any insurance held by the City of Colorado
Springs is excess and non-contributory.
The undersigned certifies and agrees to carry and maintain the insurance requirements
indicated above throughout the contract Period of Performance.
(Name of Company)
(Signature) (Date)
SCHEDULE G – SECURITY AND BADGING
Portions of this project will require personnel access to the Secure Area (SA) - Security
Identification Display Area (SIDA) restricted access area of the Airport.
All Contractors and Sub-Contractors seeking access to any/all restricted areas which
include but aren’t limited to; AOA/SIDA, AOA, STERILE, and/or SA-SIDA are required
to be fingerprinted, complete a Criminal History Record Check (CHRC) and a TSA
Security Threat Assessment (STA) to obtain a badge prior to the commencement of
construction activities within the access restricted area. The restricted access area
includes all work performed on or around the building exterior walls that are within the
restricted access area, the terminal concourse, the jet bridges and roof. The landside
vehicle parking area, the building interior and the portion of the building exterior walls
outside of the secured areas are limited access areas but will not require Airport issued
access badge media during construction.
All company representatives (authorized signers) who will authorize the issuance of
badges for unescorted access to the restricted area must first complete the CHRC,
Security Threat Assessment (STA), SIDA training and Signature Authority Training
before the process can begin for any other employees. The fee for fingerprinting is
$45.00 (non-refundable). The Contractor shall be aware that any persons that will be
on-site and working within the restricted access area for more than 3 total days
(consecutive or non-consecutive) shall require a badge. Contractor’s supervisory
personnel will be required to have authority to escort.
After results of the background check and security threat assessment are obtained
(typically within 2 weeks), contractors will be contacted and scheduled to complete
SIDA training. Background checks for applicants born outside of the United States will
take longer to process, unless a naturalization number is provided. SIDA training is
available Monday-Friday, if appointments are available. Special SIDA Training classes
may be able to be scheduled to train a large number of contractor personnel at one
time. These arrangements shall be made with COS Badging, however cannot be
guaranteed by COS. Upon successful completion of the required training a COS badge
will be issued with access points designated depending on where the work is located.
Once the access point to the restricted access area is established, all personnel must
be properly authorized by COS and may be inspected by TSA prior to entering the
restricted access area.
TSA may make surprise inspections to assure the security procedures in place are
being followed and any fines assessed against the airport by the TSA, due to the
contractor’s negligence, will be passed on to the contractor. Revocation of badges may
occur if COS OPS determines the violation deems it.
The Contractor’s signatory authority shall designate which badged employees need to
have escort privileges and will have to fill out a form giving such privileges. The
authority to escort will be indicated by an “E” printed on the badge. Any person that will
be on-site, working for more than 3 total days (consecutive or non-consecutive) shall
require a badge. If said person will be working on-site less than 3 total days, they may
be escorted with prior notification and approval from COS Ops.
Individuals who are escorting must maintain positive control of each person being
escorted at all times. No more than 5 persons shall be escorted by one person at any
time. Escorts must be within verbal communication range at all times.
The only exception to the escorting duration procedures is where an applicant who has
applied for a badge, has submitted to a fingerprint based CHRC and STA, and is
awaiting results. These applicants may be escorted until results are received and badge
is issued.
If the results to either background check are unfavorable, the individual may not be
escorted or badged until the unfavorable results have been adjudicated. Once the
authorized signer has been notified of positive results, the individual has up to 30 days
to be badged, however if the employee is actively being escorted on-site, they must be
badged within 3 business days. If they are not badged within 30 days after notification
all results are void and they must be re-fingerprinted. They may not be escorted after
their results have expired.
At the completion of the project all badges shall be returned to COS Badging. A fine of
$100 will be imposed for any badges that are not returned within 30 days of project
completion.
Appointments are to be made online. Applicants will receive the forms via email directly
from their Signatory Authority. Contact COS Badging at 719-550-1936 for any questions
regarding the badging process.
