HomeMy WebLinkAboutCORRESPONDENCE - RFP - 9178 WEST ELIZABETH CORRIDOR CONCEPT DESIGN (2)Official Purchasing Document
Last updated 3/2018
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AMENDMENT #1
AGREEMENT BETWEEN THE CITY OF FORT COLLINS
AND FELSBURG HOLT & ULLEVIG, INC.
This First Amendment (Amendment #1) is entered into by and between the CITY OF FORT
COLLINS (the “City”) and FELSBURG HOLT & ULLEVIG, INC. (the “Service Provider).
WHEREAS, the Service Provider and the City entered into Agreement 9178 West Elizabeth
Corridor Concept Design effective January 1, 2021, through December 31, 2021 (the
“Agreement”); and
WHEREAS, the Service Provider and the City entered into a Renewal Agreement 9178 West
Elizabeth Corridor Concept Design effective January 1, 2022, through December 31, 2022; and
WHEREAS, the Service Provider and the City entered into a Renewal Agreement 9178 West
Elizabeth Corridor Concept Design effective January 1, 2023, through December 31, 2023; and
WHEREAS, Service Provider and the City desire to amend the Agreement to revise the pricing
schedule and include the latest Federal Transit Administration Federally Required and Other
Model Contract Clauses Terms and Conditions.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein
contained, the parties agree as follows:
1. Exhibit E, Compensation is hereby revised with the attached revised rate sheets for
FELSBURG HOLT & ULLEVIG, INC. Any rate sheets not revised by this Amendment
#1 shall remain as is per the original Agreement.
2. Exhibit G, Federal Transit Administration Federally Required and Other Model
Contract Clauses Terms and Conditions is hereby revised with the attached revised
version of Federal Transit Administration Federally Required and Other Model
Contract Clauses Terms and Conditions documents.
Except as expressly amended by this Amendment #1, all other terms and conditions of the
Agreement shall remain unchanged and in full force and effect. In the event of a conflict between
the terms of the Agreement and this Amendment #1, this Amendment #1 shall prevail.
IN WITNESS WHEREOF, the parties have executed this First Amendment effective August 14,
2023.
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Official Purchasing Document
Last updated 3/2018
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CITY OF FORT COLLINS:
By:
Gerry Paul, Purchasing Director
Date:
FELSBURG HOLT & ULLEVIG, INC:
By:
Michelle Stevens, Principal
Date:
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
8/15/20238/15/2023
August 10, 2023
Mr. Spencer M. Smith, P.E.
Manager, Civil Engineering
Mr. Brad Buckman
Director of Engineering/City Engineer
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80524
RE: West Elizabeth BRT Final Design Contract Amendment
FHU Project Number 120305
Dear Mr. Smith and Mr. Buckman
We have attached the 2023 rate sheets for Exhibit E for the subject amendment. They include FHU rates and
our subconsultants’ rates. The FHU rates were updated to reflect the fully burdened rates with the 12% fixed
fee to be consistent with 2020 rates and the master agreement compensation clause. The fee spreadsheet was
updated accordingly, but the overall fee did not change, see attached.
The table below shows the change in rates for key individuals that worked on Task Order 1 and bring
continuity to the project with their continued work through final design. As shown, over three years, merit,
inflation, and promotion adjustments averaged between 7% and 15% annually. While these individuals bring
continuity and knowledge from the previous task order, the team will be supported by the breadth of our staff
at all levels. We have added key staff that will bring further value to the project that were not with FHU in
2020 and does not have established rates from that time.
Employee Name Employee Classification Hourly Rate Employee Classification Hourly Rate
% Increase Reason for Change
Miyamoto, Chase CAD Technician I $74.51 Designer II 102.52$ 38%Merit, inflation, and promotion
Vang, Souzana CAD Technician II $109.50 Engineer III 140.82$ 29%Merit, inflation, and promotion
Turner, Kelly Designer/Drafter III $123.19 Designer IV 156.22$ 27%Merit, inflation, and promotion
Marsh, David EIT I $89.21 Engineer II 125.18$ 40%Merit, inflation, and promotion
Strege, Jessica EIT III $109.67 Engineer III 148.65$ 36%Merit, inflation, and promotion
Marcato, William Engineer IV $175.47 Sr Engineer 219.06$ 25%Merit, inflation, and promotion
Lang, Lawrence Engineer IV $183.52 Sr Engineer 222.19$ 21%Merit, inflation, and promotion
Stevens, Michelle Engineering VP $225.20 Principal I 280.08$ 24%Merit and inflation
Buck, D. Holly Engineering VP $266.13 Principal III 359.88$ 35%Merit, inflation, and promotion
Goffinet, Neal Environmental Scientist II $111.14 Env Scientist/Planner IV 153.34$ 38%Merit, inflation, and promotion
Lloyd, Jake Environmental Scientist II $122.10 Env Scientist/Planner IV 156.47$ 28%Merit, inflation, and promotion
Keefe, Tamara Environmental Scientist III $146.23 Env Scientist/Planner V 203.41$ 39%Merit, inflation, and promotion
Cushing, Amanda Environmental Scientist III $159.39 Env Scientist/Planner V 203.41$ 28%Merit, inflation, and promotion
Ornelas, Megan GIS III $141.85 GIS Manager 172.12$ 21%Merit, inflation, and promotion
Foster, Kalen Graphic I $86.69 Graphic Design II 117.17$ 35%Merit, inflation, and promotion
Adams, Meghan Graphic II $105.91 Graphic Design Manager 153.34$ 45%Merit, inflation, and promotion
Topoleski, Zachary Graphic II $109.44 Graphic Design IV 156.22$ 43%Merit, inflation, and promotion
Montenegro, Sebastian Planner I $90.66 Trans Planner II 125.18$ 38%Merit, inflation, and promotion
Downey, Matthew Planner II $111.14 Trans Planner IV 154.91$ 39%Merit, inflation, and promotion
Follmer, Richard Project Manager IV $216.42 Associate 267.57$ 24%Merit and inflation
Stuchlik, Linda Technical Editor $114.03 Sr Admin Assistant 139.95$ 23%Merit, inflation, and promotion
2023 Rates2020 Rates
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
August 10, 2023
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We have also provided the rate changes below for our subconsultants with supportive reasoning for the
change. Likewise, our subconsultant partners have retained consistent staff to assist with the project and many
have seen inflationary increases since 2020 reflecting the economic climate resulting in the rate changes noted
in the tables below. In addition, as the project moves into final design, additional team members and services
are required that were not established in 2020. These services include Quality Level A Test Holes, Transit
Stop Shelter Structure and Technology (ITS and Electrical), Signal Design (Transit, Bikes, and Pedestrians), and
Falling Weight Deflectometer and LIDAR for geotechnical pavement analysis.
105 West
% Increase Reason for Change
Employee Classification Hourly Rates Employee Classification Hourly Rates
Director of Survey/Mapping $135 Director of Survey/Ma pping: $155 15% Inflation Factors
Survey Manger: $150 New Classification
Project Surveyor $110 Project Surveyor: $135 23% Inflati on Factors
Survey Technician $90 Survey Technician: $110 22% Inflation Factors
Party Chief $90 Party Chief: $105 17% Inflation Factors
Instrument Man $65 Instrument Operator: $75 15% Inflation Factors
GPS / Robotic (1-Man) $125 GPS/Robotic (1-Man): $150 20% Inflation Factors
2023 Rates2020 Rates
Aqua Engineering
% Increase Reason for Change
Employee Classification Hourly Rate
Principal $155 Principal: $195 26% Inflation Factors
Project Manager $130 Project Manager: $135 4% Inflation Factors
Project Engineer $120 Project Engineer: $135 13% Inflation Factors
2020 Rates 2023 Rates
Clanton Associates
% Increase Reason for Change
Employee Classification Hourly Rate Employee Classification Hourly Rate
President $280 President: $325 16% Inflation Factors
Principal: $245 New Classification
Associate: $230 New Classification
Senior Engineer II: $220 New Classification
Engineer II $135 Engineer II: $155 15% Inflation Factors
Engineer I: $140 New Classification
Senior Designer II $180 Senior Designer II: $215 19% Inflation Factors
Designer I: $135 New Classification
Senior CADD Technician $120 Senior CADD Technician: $135 13% Inflation Factors
CADD Technician $90 CADD Technician: $110 22% Inflation Factors
2023 Rates2020 Rates
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
August 10, 2023
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Ditesco
% Increase Reason for Change
Employee Classification Hourly Rates Employee Classification Hourly Rates
Principal, Keith Meyer: $154 Principal, Keith Meyer: $178 16%
Merit and Inflation
Factors
Project Manager, Bill Renz: $142
Sr. Project Manager, Bill
Renzl:$150 6%
Merit, inflation, and
promotion
Project Manager, Jill Burrell: $138
Sr. Project Manager, Jill
Burrell:$150 9%
Merit, inflation, and
promotion
Project Engineer, Kelsey Petersen:$120 Project Engineer, Not Defined: $120 None
CAD Design, Rhonda Bunner: $85
CAD Designer, Rhonda
Bunner:$123 45%
Merit and Inflation
Factors
Administrative, Amber
Fisher: $65
Administrative, Leslie
Branter: $65 None
2020 Rates 2023 Rates
Fehr & Peers
% Increase Reason for Change
Employee Classification Hourly Rate Employee Classification Hourly Rate
Principal, Charles Alexander:$215 Principal, Charles Alexander: $270 26%
Merit and Inflation
Factors
Principal, Kwasi Donkor: $260 New Staff Member
Principal, Josh Peterman: $285 Principal, Josh Peterman: $320 12%
Merit and Inflation
Factors
Senior Associate, Miller,
Jason:$185 Senior Associate, Miller,
Jason:$250 35%
Merit and Inflation
Factors
Senior Engineering
Technician, Moser, Jim:$195 New Classification
Transportation Planner, Rice,
Annie:$150 New Classification
Transportation Engineer,
Daugherty, Natalie:$175 New Classification
Senior Business Services
Administrator $125 Senior Business Services
Administrator, Jones, Nadia:$130 4%Inflation Factors
2020 Rates 2023 Rates
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
August 10, 2023
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Goodbee & Associates
% Increase Reason for Change
Employee Classification Hourly Rate Employee Classification Hourly Rate
President/Principal $185 President: $185 0% None
Principal $185 Principal: $185 0% None
Project Manager IV: $170 New Classification
Project Manager II $135 Project Manager II: $140 4% None
Project Manager I $125 Project Manager I: $130 4% None
Designer I $100 Designer I: $100 0% None
SUE Technician II $110 SUE Technician II: $110 0% None
SUE Technician I $90 SUE Technician I: $90 0% None
Administrator $110 Administrator: $110 0% None
Other Direct Costs (ODC) Other Direct Costs (ODC)
Expense Items Expense Items
General Mileage 0.575 General Mileage $0.63 9% Inflation Factors
SUE QLB mileage 0.575 SUE QLB mileage $0.63 9% Inflation Factors
SUE QLA mileage 0.575 SUE QLA mileage $0.63 9% Inflation Factors
SUE QLB Supplies and
Equipment Use Fees (GPR $190 SUE QLB Supplies and
Equipment Use Fees (GPR $190 0% None
SUE QLB Survey Equipment
Use Fee $100 New Item
SUE QLA Survey Equipment
Use Fee $100 New Item
Lodging/per diem $150 New Item
Vendor Items Vendor Items
SUE QLB Traffic Control
(Estimated Vendor $1,500 SUE QLB Traffic Control
(Estimated Vendor $1,500 0% None
SUE QLA Traffic Control
(Estimated Vendor $1,700 New Item
SUE QLA Vacuum
Excavation (Estimated $1,000 New Item
SUE QLA Test Hole Hot
Patch/Flow Fill Restoration $500 New Item
2020 Rates 2023 Rates
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
August 10, 2023
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LTRT
2020 Rates 2023 Rates % Increase Reason for Change
Employee Classification Hourly Rate
Principal; Yuval Grinspun
$160 Overall Workstream Lead
and QA/QC; Yuval Grinspun:$185
16%
Merit, inflation, and
promotion
Transit Innovator; Matt Lattavo $110 Senior Systems Analyst; Matt Lattavo:$150 36%
Merit, inflation, and
promotion
Affiliate; John George $160 Technical Lead; John George: $175 9%
Merit, inflation, and
promotion
Business Analyst: $150
New Classification
Senior Operations Expert: $150 New Classification
Systems Analyst: $125 New Classification
Business Analyst: $125 New Classification
Senior Transit Planner: $225 New Classification
Transit Analyst: $125 New Classification
Transit Planner: $125 New Classification
Network Architect: $175 New Classification
Martinez Associates
% Increase Reason for Change
Employee Classification Hourly Rate Employee Classification Hourly Rate
FIELD TECHNICAL SERVICES FIELD TECHNICAL SERVICES
Engineering Technician $55 N/A Different Approach
Certified Engineering Technician $70 N/A Different Approach
CDOT Technician $90
Inspector $98
PROFESSIONAL SERVICES (Field and Office)
Staff Professional $84 Staff Professional: $105 25% Infl ation Factors
Senior Professional $131 Senior Professional: $180 37% Inflation Factors
Principal Professional $191 Principal Professional: $225 18% Inflation Factors
OFFICE SUPPORT
Clerical/Word Processing $39 Administrative Assistant: $44 13% Inflation Factors
2020 Rates 2023 Rates
LIDAR scan of the corridor for pavement
condition survey
Falling Weight Deflectometer (FWD) survey
testing (100-foot spacing)
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
August 10, 2023
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Please review the data provided and the information attached. We would be happy to meet with you to
review this information. We are excited to get to work on this project to provide another BRT Corridor for
the City of Fort Collins.
Thank you for your consideration of this request. Please let me know if you need additional information.
Sincerely,
FELSBURG HOLT & ULLEVIG
Michelle K. Stevens, PE, MBA
Principal
Attachments
Russell Mills
% Increase Reason for Change
Employee Classification Hourly Rates Employee Classification Hourly Rates
Principal Landscape Architect $138 PIC:$140 1% Inflation Factors
Senior Landscape Architect $122
Landscape Architect $87
Project Manager: $115 New Classification
Designer:$87 New Classification
alm2s
Employee Classification Hourly Rates
Principal: $170 New Subconsulant
Project Manager/Architect: $120 New Subconsulant
Architectural Intern/CAD Technician 1: $80 New Subconsulant
Raker Rhodes Engineering
Employee Classification Hourly Rates
Project Manager: $125 New Subconsulant
2020 Rates 2023 Rates
2023 Rate Sheet
2023 Rate Sheet
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
EXHIBIT E
2023 RATE SHEETS
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
105West
2023 Rate Sheet
Director of Survey/Mapping: $155
Survey Manger: $150
Project Surveyor: $135
Survey Technician: $110
Party Chief: $105
Instrument Operator: $ 75
GPS/Robotic (1-Man): $150
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Aqua Engineering
2023 Rate Sheet
Principal: $195
Project Engineer/Project Manager: $135
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Clanton & Associates
2023 Rate Sheet
Chief Executive Officer: $340
President: $325
Principal: $245
Associate: $230
Business Development Manager: $220
Senior Engineer II: $220
Senior Engineer I: $185
Engineer II: $155
Engineer I: $140
Senior Designer II: $215
Senior Designer I: $165
Designer II: $145
Designer I: $135
Intern: $105
Production Manager: $205
Senior CADD Technician: $135
CADD Technician: $110
Marketing Manager: $100
Office Manager: $100
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Ditesco
2023 Rate Sheet
Principal $178
Sr. Project Manager $164
Project Manager $150
Project Engineer $120
CAD Designer $123
Administrative $ 65
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Fehr & Peers
2023 Rate Sheet
Principal, Josh Peterman: $320
Principal, Charles Alexander: $270
Principal, Kwasi Donkor: $260
Senior Associate: $250
Transportation Engineer: $175
Transportation Planner: $150
Senior Engineering Technician: $195
Senior Business Services Administrator: $130
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Last Name First Name Labor Category
Fully Burdened
Hourly Rate
Rates with 12% Fixed
Fee
Davis Ammy Accountant $125.74 $140.82
Freitag Stacey Accountant $105.34 $117.98
Struensee Tracey Accountant $181.62 $203.41
Sweeney Connie Accountant $111.79 $125.20
Strub Krissy Accounting Clerk $101.71 $113.91
Sutton Jennie Accounting Clerk $91.54 $102.52
Hop Marissa Administrative $82.82 $92.76
James Elizabeth Administrative $66.84 $74.86
Wells Jeni Administrative $85.72 $96.01
Brown Paul Associate $236.80 $265.22
Bruckner Michael Associate $229.12 $256.61
Follmer Richard Associate $238.90 $267.57
Jenkins Chad Associate $272.43 $305.12
Maurer Wesley Associate $279.41 $312.94
Nead Thomas Associate $227.72 $255.05
Reese Malinda Associate $230.50 $258.16
Sangaline Anzia Stephanie Associate $236.10 $264.44
Schley Jeanne Associate $240.30 $269.13
Tischmak Dale Associate $232.47 $260.37
Ingracia Steve Associate II $265.44 $297.30
Denning Amanda
Community Engagement
Manager $131.32 $147.08
Dombrowski Ryan Const Technician III $100.25 $112.28
Erickson Keith Const Technician III $111.88 $125.30
Kahan Therese Const Technician III $106.07 $118.79
Sullivan Shane Const Technician IV $126.41 $141.58
Siegel Mitchell ConstTechnician II $90.08 $100.89
Miyamoto Chase Designer II $91.54 $102.52
Zimmerman Lucas Designer II $91.54 $102.52
Turner Kelly Designer IV $139.48 $156.22
Harms Benjamin Designer V $143.84 $161.10
Twiss Shawn Designer V $146.75 $164.36
Brunger Patricia Director of HR $195.59 $219.06
Andrews William Engineer I $99.19 $111.10
Brandt Devon Engineer I $97.80 $109.53
Brightwell Thomas Engineer I $93.60 $104.84
Clapham Tara Engineer I $97.78 $109.52
Dankenbring Jozef Engineer I $97.79 $109.53
Dikoff Ashlee Engineer I $95.00 $106.40
Gorman Andrew Engineer I $97.80 $109.53
Herr Joseph Engineer I $97.78 $109.52
Krummen Katie Engineer I $96.39 $107.96
Lebeda Noah Engineer I $96.40 $107.97
Loseke Thomas Engineer I $96.40 $107.97
More Sushant Engineer I $103.38 $115.79
Nekola Tyler Engineer I $95.00 $106.40
Newman Brianna Engineer I $96.40 $107.97
von den Benken Thomas Engineer I $103.38 $115.79
Allen Merritt Engineer II $110.37 $123.61
Bates Robert Engineer II $117.35 $131.44
FHU 2023 Rate Sheet
Page 1
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Last Name First Name Labor Category
Fully Burdened
Hourly Rate
Rates with 12% Fixed
Fee
FHU 2023 Rate Sheet
Bland Mackenzie Engineer II $106.18 $118.92
Brozek Gregory Engineer II $111.77 $125.18
Dagerman Emma Engineer II $103.38 $115.79
Dahl Carter Engineer II $106.18 $118.92
Gattey Clayton Engineer II $104.78 $117.35
Gwiazdowski Kornel Engineer II $104.78 $117.35
Kelley Faith Engineer II $108.97 $122.05
Marsh David Engineer II $111.77 $125.18
Martinez Marcus Engineer II $108.97 $122.05
Matz Zane Engineer II $107.57 $120.48
Spencer William Engineer II $117.35 $131.44
Tomei Dane Engineer II $110.37 $123.61
Afraaz Shazal Engineer III $127.13 $142.39
DeFusco Rebekah Engineer III $118.75 $133.00
Fischer Benjamin Engineer III $125.74 $140.82
Kain Jared Engineer III $132.72 $148.65
Keller Casey Engineer III $128.53 $143.95
Kosakowski Derek Engineer III $128.53 $143.95
Martin Jordan Engineer III $122.94 $137.69
Strege Jessica Engineer III $132.72 $148.65
Thibodeaux D. Alexander Engineer III $134.12 $150.21
Vacek Brandon Engineer III $120.85 $135.35
Vang Souzana Engineer III $125.74 $140.82
Barrett Brooke Engineer IV $139.71 $156.47
Boonlert Ake Engineer IV $150.88 $168.99
Gilinsky Connor Engineer IV $141.10 $158.04
Grady Zachary Engineer IV $138.31 $154.91
Hartmann Bradley Engineer IV $139.71 $156.47
Hock Kevin Engineer IV $145.30 $162.73
Jones Jordan Engineer IV $145.30 $162.73
Junglen Katherine Engineer IV $146.69 $164.30
Moore Brian Engineer IV $143.90 $161.17
Saline Ryan Engineer IV $136.91 $153.34
Schefflin Michelle Engineer IV $136.91 $153.34
Valdez Andrew Engineer IV $149.49 $167.43
Ackermann Rachel Engineer V $171.84 $192.46
Adams Elizabeth Engineer V $167.65 $187.77
Barth Daniel Engineer V $162.06 $181.51
Boggs Wesley Engineer V $181.62 $203.41
Dawson Colleen Engineer V $169.05 $189.33
Dibble John Engineer V $167.65 $187.77
Dunham Philip Engineer V $170.44 $190.90
Orellana Ashley Engineer V $173.24 $194.03
Pankow Alyssa Engineer V $143.90 $161.16
Sabawat Krishna Vijay Engineer V $174.63 $195.59
Davenport Norma Env Scientist/Planner I $100.60 $112.67
Miller Brigid Env Scientist/Planner I $97.80 $109.53
Keenan Anna Env Scientist/Planner II $102.00 $114.24
Fritz Jake Env Scientist/Planner III $129.23 $144.74
Walter Blake Env Scientist/Planner III $121.55 $136.13
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DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Last Name First Name Labor Category
Fully Burdened
Hourly Rate
Rates with 12% Fixed
Fee
FHU 2023 Rate Sheet
Behmer Adam Env Scientist/Planner IV $141.10 $158.04
Goffinet Neal Env Scientist/Planner IV $136.91 $153.34
Jurzenski-Putney Jessica Env Scientist/Planner IV $143.71 $160.96
Lloyd Jake Env Scientist/Planner IV $139.71 $156.47
Unstad Kody Env Scientist/Planner IV $141.10 $158.04
Cushing Amanda Env Scientist/Planner V $181.62 $203.41
Keefe Tamara Env Scientist/Planner V $181.62 $203.41
Snyder Jodie Env Scientist/Planner V $181.62 $203.41
Tetherow Tim Env Scientist/Planner V $174.35 $195.28
Ornelas Megan GIS Manager $153.68 $172.12
Mayer Molly Graphic Design I $75.55 $84.62
Foster Kalen Graphic Design II $104.61 $117.17
Howland Drew Graphic Design II $95.17 $106.59
Campbell Janet Graphic Design IV $232.47 $260.37
Topoleski Zachary Graphic Design IV $139.48 $156.22
Adams Meghan Graphic Design Manager $136.91 $153.34
Baldwin Tarrah HR Coordinator $77.01 $86.25
Goffinet Athena HR Coordinator $98.80 $110.66
Love Sarah HR Coordinator $98.80 $110.66
Troutman Taylor HR Coordinator $98.80 $110.66
Aboughazala Omar Intern I $66.84 $74.86
Botimer Kaitlyn Intern I $63.93 $71.60
Brunger Victoria Intern I $63.93 $71.60
Camp Tyler Intern I $66.84 $74.86
Daake Colten Intern I $63.93 $71.60
Hong Dawei Intern I $69.74 $78.11
Krager Kaitlyn Intern I $66.84 $74.86
Metschke Allison Intern I $66.84 $74.86
Moncada Yory Intern I $69.74 $78.11
Saar Peyton Intern I $63.93 $71.60
Schuler Ashley Intern I $69.74 $78.11
Maness Payten Intern II $91.54 $102.52
Weiss Peyton Intern II $72.65 $81.37
Kovack Suzette IT Specialist $98.80 $110.66
Dankenbring Scott Lead Designer $175.81 $196.90
Shaklee Dustin Lead Designer $178.71 $200.16
Soellner Ken Lead Designer $183.07 $205.04
Merryweather Jenifer Marketing Manager $139.71 $156.47
Vasquez-Frisbie Beverly Marketing Manager $139.71 $156.47
Weiss Stephanie Marketing Manager $177.43 $198.72
Connell Rilee Marketing Specialist $88.63 $99.27
Gee Elizabeth Marketing Specialist $100.25 $112.28
Murphy Trisha Marketing Specialist $100.25 $112.28
Ye Samantha Marketing Specialist $88.63 $99.27
Dawson Cady Principal I $230.52 $258.18
Duitsman Katharine Principal I $230.52 $258.18
Lampe David Principal I $251.47 $281.65
Murray Steven Principal I $250.08 $280.08
Pulley Alex Principal I $250.08 $280.08
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DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Last Name First Name Labor Category
Fully Burdened
Hourly Rate
Rates with 12% Fixed
Fee
FHU 2023 Rate Sheet
Stevens Michelle Principal I $250.08 $280.08
Vasisht Gaurav Principal I $230.52 $258.18
Anzia Thomas Principal II $266.83 $298.85
DeVries Lyle Principal II $261.25 $292.60
Fasching Christopher Principal II $266.84 $298.86
Kellogg Kurt Principal II $265.44 $297.30
Maddoux Kevin Principal II $261.25 $292.60
McFadden Matthew Principal II $261.25 $292.60
Meisinger Mark Principal II $258.46 $289.47
Stein Patrick Principal II $272.43 $305.12
Sulsky Elliot Principal II $254.97 $285.56
Young Jenny Principal II $265.44 $297.30
Anderson Kyle Principal III $287.80 $322.33
Buck D. Holly Principal III $321.33 $359.88
Stuchlik Linda Sr Admin Assistant $124.95 $139.95
Katzer Richard Sr Const Technician $180.17 $201.79
Moritz William Sr Const Technician $156.92 $175.75
Andryauskas Jeremy Sr Designer $162.06 $181.51
James Joseph Sr Designer $164.18 $183.89
Lowry Christopher Sr Designer $157.65 $176.56
Miranda Vicente Sr Designer $154.01 $172.49
Moffatt Brian Sr Designer $162.73 $182.26
Powers Charles Sr Designer $161.28 $180.63
Rondinone Peter Sr Designer $172.90 $193.65
Andersen David Sr Engineer $176.73 $197.94
Blaxton Graham Sr Engineer $184.41 $206.54
Bodette Stephen Sr Engineer $188.60 $211.24
Brinkerhoff Michael Sr Engineer $173.24 $194.03
Denney Adam Sr Engineer $195.59 $219.06
Erjavec Rick Sr Engineer $213.75 $239.40
Grote Jenny Sr Engineer $203.41 $227.82
Kocher Jodi Sr Engineer $186.28 $208.63
Kuhnel Kevan Sr Engineer $195.59 $219.06
Lang Lawrence Sr Engineer $198.38 $222.19
Marcato William Sr Engineer $195.59 $219.06
McCune Mark Sr Engineer $276.06 $309.19
Otegui Cynthia Sr Engineer $195.59 $219.06
Palik Joshua Sr Engineer $195.59 $219.06
Plankis Alivia Sr Engineer $195.59 $219.06
Root Josh Sr Engineer $215.15 $240.97
Thompson Jennifer Sr Engineer $181.62 $203.41
Twiss Chad Sr Engineer $187.21 $209.67
Wilcox Jennica Sr Engineer $195.59 $219.06
Richardson Carin Sr Env Scientist/Planner $181.62 $203.41
Sambol Allison Sr Env Scientist/Planner $195.59 $219.06
Miller Eric Sr Trans Planner $190.00 $212.80
Poore Jesse Sr Trans Planner $188.60 $211.24
Youell Greg Sr Trans Planner $184.41 $206.54
Arias Hunter Trans Planner I $93.60 $104.83
Bigham Elizabeth Trans Planner I $100.60 $112.67
Page 4
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Last Name First Name Labor Category
Fully Burdened
Hourly Rate
Rates with 12% Fixed
Fee
FHU 2023 Rate Sheet
Huffaker Nelson Trans Planner I $96.40 $107.97
Montenegro Sebastian Trans Planner II $111.77 $125.18
Ramirez Rocio Trans Planner II $113.16 $126.74
Bishop Melanie Trans Planner III $135.52 $151.78
Coenen Marcus Trans Planner IV $141.10 $158.04
Downey Matthew Trans Planner IV $138.31 $154.91
Leadbetter Kelly Trans Planner IV $136.91 $153.34
Sammons Carol Trans Planner V $165.64 $185.51
Page 5
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
6 40 0 S F I D D L ER S GRE EN C IR C LE , S U I TE 15 00 | GR EE N W O O D V I L LA GE , C O 8 01 11
3 03 .72 1 .1 44 0 | W WW .F H U E NG .C O M
2023 Rate Sheet
Other Direct Costs
Plots
Bond ............................................................ $0.31/sq ft
Prints
Black and White ...................................... $0.12/print
Color ......................................................... $0.19/print
Presentation Boards
Bond Foam Core Mounted ................... $1.51/sq ft
Travel
Mileage ...................................................... $0.625/Mile
(or current allowable Federal rate)
Truck (Construction) ............................ $45.00/day
Parking .................................................... Actual Costs
Lodging/Airfare ..................................... Actual Costs
Other Miscellaneous Costs
Courier/Postage ................................... Actual Costs
Per Diem ................................................ Actual Costs
Subconsultants/Vendors ..................... Actual Costs
Other direct costs are reimbursed at a rate of
1.1 times the rates above and/or actual costs.
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Goodbee & Associates
2023 Rate Sheet
President: $185
Principal: $185
Project Manager IV: $170
Project Manager II: $140
Project Manager I: $130
Designer I: $100
Administrator: $110
SUE Technician II: $110
SUE Technician I: $ 90
Other Direct Costs (ODC)
Expense Items Unit Price
General Mileage $0.625
SUE QLB mileage $0.625
SUE QLA mileage $0.625
SUE QLB Supplies and Equipment Use Fees (GPR Excluded) $190
SUE QLB Survey Equipment Use Fee $100
SUE QLA Survey Equipment Use Fee $100
Lodging/per diem $150
Permitting - Assumes Permit fees and Costs are Waived by Agencies,
Otherwise Billed At-Cost
Vendor Items Unit Price
SUE QLB Traffic Control (Estimated Vendor Charges) $1,500
SUE QLA Traffic Control (Estimated Vendor Charges) $1,700
SUE QLA Vacuum Excavation (Estimated Vendor Charges) $1,000
SUE QLA Test Hole Hot Patch/Flow Fill Restoration $ 500
(Estimated Vendor Charges) –
concrete sidewalk panel replacement excluded
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Left Turn Right Turn
2023 Rate Sheet
Overall Workstream Lead and QA/QC: $185
Technical Lead: $175
Business Analyst: $150
Senior Systems Analyst: $150
Senior Operations Expert: $150
Systems Analyst: $125
Business Analyst: $125
Senior Transit Planner: $225
Transit Analyst: $125
Transit Planner: $125
Network Architect: $175
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Martinez Associates
2023 Rate Sheet
Principal Professional: $225
Senior Professional: $180
Staff Professional: $105
Administrative Assistant: $ 44
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Russell Mills Studios
2023 Rate Sheet
PIC: $140
Project Manager: $115
Designer: $87
alm2s
2023 Rate Sheet
Consulting: $170/hour
Principal: $170/hour
Associate Principal: $135/hour
Sr. Project Manager/Architect: $130/hour
Project Manager/Architect: $120/hour
LEED AP Consulting: $115/hour
Interior Designer: $100/hour
Architectural Intern/CAD Technician 2: $90/hour
Architectural Intern/CAD Technician 1: $80/hour
Administrative: $65/hour
Raker Rhodes Engineering
2023 Rate Sheet
Principal: $185/hour
Associate/Registered Engineer: $145/hour
Project Manager: $125/hour
Project Engineer: $115/hour
Drafter: $95/hour
Clerical: $80/hour
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
TASK 1. Project Management
SUBTOTAL TASK 1 - Project Management 99,059$ 5,570$ -$ 9,120$ 61,548$ 12,060$ 14,070$ -$ -$ 12,881$ 214,308$
TASK II. Public Engagement
SUBTOTAL TASK II - Public Engagement 12,008$ -$ -$ -$ 1,368$ 2,080$ -$ -$ -$ 6,260$ 21,716$
TASK III Environmental Clearance
SUBTOTAL TASK III Environmental Clearance 28,133$ -$ -$ -$ -$ -$ 4,230$ -$ -$ -$ 32,363$
TASK IV. Small Starts CIG Support
SUBTOTAL TASK IV. Small Starts CIG Support 58,052$ -$ -$ -$ 60,208$ 10,400$ -$ -$ -$ -$ 128,660$
TASK V. Data Collection
SUBTOTAL TASK V. Data Collection 3,640$ 255,090$ -$ -$ -$ -$ 181,698$ -$ 2,864$ -$ 443,291$
TASK VI. Final Design Activities (60% Design)
SUBTOTAL TASK VI. Final Design Activities (60% Design)448,494$ -$ 27,030$ 49,285$ 99,559$ 70,000$ 37,720$ 177,095$ 405$ 47,154$ 956,742$
TOTALS THROUGH 60% (TASK VI) AND INCLUDES 50% OF TASKS I -
V AND ODCS 550,332$ 130,330$ 27,030$ 53,845$ 161,121$ 83,120$ 231,416$ 177,095$ 5,795$ 56,849$ 1,476,933$
TASK VII. Final Design Activities (80% Design)
SUBTOTAL TASK VII. Final Design Activities (80% Design)242,336$ -$ 14,595$ 31,770$ 47,235$ 44,800$ 23,380$ 72,573$ 405$ 25,784$ 502,877$
TASK VIII. Bid Documents- Excluded
SUBTOTAL TASK VIII. Bid Documents - Excluded -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
OTHER DIRECT COSTS (ODC'S) 2,782$ -$ -$ -$ -$ 1,700$ 187,394$ -$ 7,916$ 250$ 200,042$
TOTALS THROUGH TASKS VII - VI AND TASK VII (80%), NO TASK
VIII AND INCLUDES 50% OF TASKS I - V AND ODCS 344,174$ 130,330$ 14,595$ 36,330$ 108,797$ 57,920$ 217,076$ 72,573$ 5,795$ 35,479$ 1,023,067$
TOTALS TASKS I - VII AND ODCS 894,505$ 260,660$ 41,625$ 90,175$ 269,918$ 141,040$ 448,492$ 249,668$ 11,590$ 92,328$ 2,500,000$
TASK IX. Post Design Services (Optional)
SUBTOTAL TASK IX. Post Design Services (Optional)-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
TASK X. Special Assignment Services (Optional)
SUBTOTAL TASK X. Special Assignment Services (Optional)-$ -$ -$ -$ -$ -$ 338,493$ -$ -$ -$ 338,493$
Goodbee &
Associates
Left Turn Right
Turn Ltd
Martinez
Associates Russell Mills
West Elizabeth Corridor BRT Final Design
Summary
Total DollarsTask Description FHU 105 West Aqua Engineering
Clanton &
Associates
Ditesco Project &
Construction
Services
Fehr & Peers
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
ODCOther Direct
Costs -
Reduced Test
HolesHours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Fee Hours Fee
Felsburg Holt & Ullevig 444 99,059$ 66 12,008$ 166 28,133$ 272 58,052$ 20 3,640$ 2,906 448,494$ 1,540 242,336$ - -$ 2,782$ 5,414 894,505$
105 West 38 5,570$ - -$ - -$ - -$ 2,138 255,090$ - -$ - -$ - -$ -$ 2,176 260,660$
Aqua Engineering - -$ - -$ - -$ - -$ - -$ 186 27,030$ 99 14,595$ - -$ -$ 285 41,625$
Clanton & Associates 40 9,120$ - -$ - -$ - -$ - -$ 287 49,285$ 186 31,770$ - -$ -$ 513 90,175$
Ditesco 438 61,548$ 8 1,368$ - -$ 379 60,208$ - -$ 720 99,559$ 325 47,235$ - -$ -$ 1,870 269,918$
Fehr & Peers 54 12,060$ 8 2,080$ - -$ 40 10,400$ - -$ 340 70,000$ 221 44,800$ - -$ 1,700$ 663 141,040$
Goodbee & Associates 104 14,070$ - -$ 30 4,230$ - -$ 825 181,698$ 318 37,720$ 193 23,380$ - -$ 187,394$ 1,470 448,492$
Left Turn Right Turn - -$ - -$ - -$ - -$ - -$ 1,129 177,095$ 456 72,573$ - -$ -$ 1,585 249,668$
Martinez Associates - -$ - -$ - -$ - -$ 15 2,864$ 2 405$ 2 405$ - -$ 7,916$ 19 11,590$
Russell Mills 110 12,881$ 56 6,260$ - -$ - -$ - -$ 450 47,154$ 238 25,784$ - -$ 250$ 854 92,328$
Subtotal (Task)1,228 214,308$ 138 21,716$ 196 32,363$ 691 128,660$ 2,998 443,291$ 6,338 956,742$ 3,261 502,877$ - -$ 200,042$ 14,849
Subtotal through 60% (includes 50% of Tasks I - V and ODC's)
Subtotal hours through 60% (includes 50% of Tasks I - V)
Optional Services
Hours Fee Hours Fee
Felsburg Holt & Ullevig - -$ - -$
105 West - -$ - -$
Aqua Engineering - -$ - -$
Clanton & Associates - -$ - -$
Ditesco - -$ - -$
Fehr & Peers - -$ - -$
Goodbee & Associates - -$ - 338,493$
Left Turn Right Turn - -$ - -$
Martinez Associates - -$ - -$
Russell Mills - -$ - -$
Subtotal (Task)- -$ - 338,493$
Post Design Services
(Optional)
Special Assignment
Services (Optional)
TASK VI
Final Design Activities
(60% Design) - Reduced
Wet Design Hours
Firm
TASK IX - TBD TASK X
Project Management -
Reduced Meetings and
Duration
Public Engagement -
City Led
Environmental
Clearance
Small Starts CIG
Support
Data Collection -
Reduced test holes
1,476,933$
8,963
Total Project Cost 2,500,000$
TASK VII TASK VIII
Final Design Activities
(80% Design)
West Elizabeth Corridor BRT Final Design
Task Order # - Fee Estimate
Firm
TASK I TASK II TASK III TASK IV TASK V
Subtotal (Firm)Bid Documents -
Excluded
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
EXHIBIT G
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the sub-contractor who will be subject to it
provisions.
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
1. For a period of three years following Contract closing, the Contractor and its
subcontractors shall maintain, preserve and make available to the City, the FTA
Administrator, the Comptroller General of the United States, and any of their authorized
representatives, access at all reasonable times to any books, documents, papers and
records of Contractor which are directly pertinent to this Contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also agrees,
otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements
as set forth in the applicable U.S. DOT Common Rule.
2. The Contractor shall maintain, and the City shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all prices, costs or rates
negotiated and invoiced in performance of this Contract. This right of examination shall
include inspection at all reasonable times of the Contractor’s offices engaged in
performing the Contract.
3. If this Contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final
termination settlement. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims arising under or
relating to this Contract until such appeals, litigation, or claims are finally resolved.
4. Access to Records and Reports” applies with equal force and effect to any
subcontractors hired by the Contractor to perform Work under this Contract. The
Contractor shall insert this provision in all subcontracts under this Contract and require
subcontractor compliance therewith.
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
Third-Party Participants to permit, FTA to have access to the sites of performance of its
Award, the accompanying Underlying Agreement, and any Amendments thereto, and to
make site visits as needed in compliance with the U.S. DOT Common Rules.
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
6. Closeout. Closeout of the Award does not alter the record retention or access
requirements of this section of this Master Agreement.
3. FEDERAL CHANGES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
4. CIVIL RIGHTS (EEO, TITLE VI & ADA)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
The following requirements apply to the underlying contract:
a) The Recipient agrees that it must comply with applicable federal civil rights laws,
regulations, requirements, and guidance, and follow applicable federal guidance,
except as the Federal Government determines otherwise in writing. Therefore, unless
a Recipient or a federal program, including the Tribal Transit Program or the Indian
Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires
compliance with that civil rights statute, including compliance with equity in service.
b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees
to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination
based on the basis of race, color, religion, national origin, sex, disability, or age. (2)
Prohibit the: (a) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in
employment or a business opportunity identified in 49 U.S.C. § 5332, or (c)
Discrimination, including discrimination in employment or a business opportunity
identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular
4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance, and other applicable federal guidance that may be
issued, but (b) FTA does not require an Indian Tribe to comply with FTA program-
specific guidelines for Title VI when administering its Underlying Agreement supported
with federal assistance under the Tribal Transit Program.
c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant, will: (1) Prohibit discrimination based on
race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part
21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The
most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other
applicable federal guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a)
Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment
Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c)
Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations,
as provided in Federal guidance, including laws and regulations prohibiting
discrimination on the basis of disability, except as the Federal Government determines
otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants
for employment are employed and employees are treated during employment without
discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6
Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms
of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8
Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title
VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the
definition of "Employer". (3) Equal Employment Opportunity Requirements for
Construction Activities. In addition to the foregoing, when undertaking “construction”
as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to
comply, and assures the compliance of each Third Party Participant, with: (a) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, September 2019
Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal
laws and regulations, the Recipient agrees to facilitate, and assures that each Third-
Party Participant will facilitate, participation by small business concerns owned and
controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as
follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply
with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives planning,
capital and/or operating assistance and that will award prime third-party contracts
exceeding $250,000 in a federal fiscal year must have a DBE program meeting the
requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual
DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer
(TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, and (b)
Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle
purchase, the Recipient must submit to FTA the name of the TVM contractor and the
total dollar value of the third-party contract and notify FTA that this information has
been attached to FTA’s electronic award and management system, the Recipient must
also submit subsequent notifications if options are exercised in subsequent years to
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. §
26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary
and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the
award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as
required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreement, and 4 Implementation of its
DBE program approved by U.S. DOT is a legal obligation and failure to carry out its
terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third
Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and
assures that it will include the following assurance in each subagreement and third
party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third
Party Subcontractors to include the following assurance in every subagreement and
third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each
Third Party Subcontractor must not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any FTA or U.S. DOT-assisted
subagreement, third party contract, and third party subcontract, as applicable, and the
administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, third party contracts, and third party subcontracts, as applicable, 3
Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a
material breach of this subagreement, third party contract, or third party subcontract,
as applicable, and 4 The following remedies, or such other remedy as the Recipient
deems appropriate, include, but are not limited to, withholding monthly progress
payments; assessing sanctions; liquidated damages; and/or disqualifying the
Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding
as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as provided
for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §
DocuSign Envelope ID: 6ACE1B2B-8516-4524-ADDD-FBB0B1B5474F
6101 et seq., which prohibits discrimination against individuals on the basis of age in
the administration of Programs, Projects, and related activities receiving federal
assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on
the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following federal prohibitions against discrimination on the basis of disability: (1)
Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of federally assisted Programs, Projects, or activities, (b) The
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the
ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the
ADA does not apply because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.,
which requires that buildings and public accommodations be accessible to individuals
with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now
includes disability as a prohibited basis for discrimination, and (e) Other applicable
federal laws, regulations and requirements pertaining to access for seniors or
individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT
regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance,”
49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49
C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with
Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations,
“Nondiscrimination on the Basis of Disability in State and Local Government Services,”
28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal
Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part
64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology
Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation
for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable
federal civil rights and nondiscrimination guidance.
(i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The
Recipient agrees to comply with the confidentiality and civil rights protections of: (1)
The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et
seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The
Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.
(j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees
to promote accessibility of public transportation services to persons with limited
understanding of English by following: (1) Executive Order No. 13166, “Improving
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Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
Reg. 74087, December 14, 2005.
(k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The
Recipient agrees to comply with other applicable federal nondiscrimination laws,
regulations, and requirements, and follow federal guidance prohibiting discrimination.
(l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws,
regulations, requirements, and guidance may be enforced as provided in those federal
laws, regulations, or requirements.
(m) Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and
public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination.
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
City requests which would cause the City to be in violation of the FTA terms and conditions.
6. ENERGY CONSERVATION REQUIREMENTS
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et.
seq., and perform an energy assessment for any building constructed, reconstructed, or
modified with federal assistance required under FTA regulations, “Requirements for Energy
Assessments,” 49 CFR Part 622, subpart C.
7. VETERANS EMPLOYEMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the contractor agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the
skills and abilities required to perform construction work required under a third-party
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contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
2. Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Contractor is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using
such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200)
Applies to all contracts except micro-purchases.
a. Termination for Convenience. The City may terminate this Contract, in whole or in
part, for any reason, upon five (5) days written notice to the Contractor. In such event,
the City shall pay the Contractor its costs, including reasonable Contract close-out costs,
and profit on Work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City, the Contractor will
account for the same, and dispose of it in a manner the City directs.
b. Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization
or similar law, by or against Contractor, or the appointment of a receiver or similar officer
for Contractor or any of its property, which is not vacated or fully stayed within thirty (30)
days after the institution of such proceeding, will also constitute a breach. In the event
of a breach, the non-breaching Party may provide written notice of the breach to the
other Party. If the notified Party does not cure the breach, at its sole expense, within
thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its
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remedies provided under this Contract or at law, including immediate termination of the
Contract.
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
Suspension and Debarment Executive.
The contractor attests that it is not listed on the government-wide exclusions in the System
for Award Management (SAM).
The Contractor agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov, if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov, if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION
RELATED TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS
Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is
required to “flow down” this requirement to subcontractors.
a. If a current or prospective legal matter that may affect the Federal Government emerges,
the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel
for the Region in which the Recipient is located. The Recipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party
Participant to include an equivalent provision in its subagreements at every tier, for any
agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
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2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying
Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify
the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
Counsel for the Region in which the Recipient is located, if the Recipient has
knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or
has or may have committed a criminal or civil violation of law pertaining to such
matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement,
bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal,
officer, employee, agent, or Third Party Participant of the Recipient. It also applies
to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is
not limited to, knowledge of a criminal or civil investigation by a Federal, state, or
local law enforcement or other investigative agency, a criminal indictment or civil
complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Recipient. In this paragraph, “promptly”
means to refer information without delay and without change. This notification
provision applies to all divisions of the Recipient, including divisions tasked with law
enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a
proportionate share of any proceeds recovered from any third party, based on the
percentage of the federal share for the Underlying Agreement. Notwithstanding the
preceding sentence, the Recipient may return all liquidated damages it receives to its
Award Budget for its Underlying Agreement rather than return the federal share of those
liquidated damages to the Federal Government, provided that the Recipient receives
FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under
any third party agreement or any federal, state, or local law or regulation.
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it
has certified that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
If contract exceeds $100,000 the contractor is required to sign the attached certification.
13. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
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Applies to all contracts exceeding $150,000.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
14. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH –
(APPENDIX II TO PART 200)
Applies to all contracts over $250,000.
Breach. Any breach of the Contract by Contractor shall be governed by the termination and
remedies provisions of the Contract. Additionally, in the event that the City incurs damages
as a result of Contractor’s breach, the City may pursue recovery of such damages from
Contractor. The City further retains the right to seek specific performance of the Contract at
any time as authorized by law. The City further retains the right to otherwise pursue any
remedies available to the City as a result of the Contractor’s breach, including but not limited
to administrative, Contractual, or legal remedies, as well as any applicable sanctions and
penalties.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Contractor to suspend performance
of all or any portion of the Work pending necessary corrective action specified by the
City and without entitling Contractor to an increase in compensation or extension of the
performance schedule. Contractor must promptly stop performance and incurring costs
upon delivery of a notice of suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Contractor to correct
any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct
rejected Work at Contractor’s sole expense within the time frame established by the City.
Upon completion of the corrections satisfactory to the City, City will remit payment to
Contractor.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Contractor otherwise fails to provide or complete,
as determined by the City in its sole discretion. Upon City request, Contractor will
promptly refund any amounts prepaid by the City with respect to such non-compliant
Work.
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d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents
from performance of the Work, if the City, in its sole discretion, deems any such person
to be incompetent, careless, unsuitable, or otherwise unacceptable.
15. SEISMIC SAFETY REQUIREMENTS
Applies to contracts for construction of new buildings or additions to existing buildings.
Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part
41 and will certify to compliance to the extent required by the regulation. The contractor
also agrees to ensure that all work performed under this contract including work performed
by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
16. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT)
Applies to all turnkey, rolling stock and operational contracts (excluding contracts for
transportation services exceeding $100,000.
The contractor agrees to comply and assures that each subcontractor will comply with all
federal laws, regulations, and requirements providing wage and hour protections for
nonconstruction employees, including Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40
U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards
Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and
Safety Standards Act),” 29 CFR Part 5.
17. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 3%.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
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18. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor’s receipt
of payment for that work from the City. In addition, the contractor may not hold retainage from
its subcontractors. The contractor must promptly notify the City whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete its
work and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written
consent of the City.
19. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322)
Applies to all contracts except micro-purchases.
Recovered Materials - All parties agree to comply with all applicable requirements of
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247
that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
20. ADA ACCESS
Applies to contracts for rolling stock or facilities construction/renovation
1. The City must comply with 49 U.S.C. § 5332, which states the Federal policy that elderly
individuals and individuals with disabilities have the same right as other individuals to
use public transportation services and facilities, and that special efforts shall be made
in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities; all applicable
provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
794, which prohibits discrimination on the basis of disability; the Americans with
Disabilities Act of 1990 (ADA), as amended; 42 U.S.C. § 12101 et seq., which requires
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that accessible facilities and services be made available to individuals with disabilities;
and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which
requires that buildings and public accommodations be accessible to individuals with
disabilities.
2. All deliverable items deliverable items provided by the contractor for the City under this
contract shall comply with the above-referenced laws as well as all other applicable
federal, state and local regulations and directives and any subsequent amendments
21. ASSIGNABILITY
Applies to all contracts except micro-purchases.
Neither the City nor the Contractor shall assign or transfer any of its rights or obligations
hereunder without the prior written consent of the other.
22. CITY OF FORT COLLINS BID PROTEST PROCEDURES
Applies to all contracts except micro-purchases.
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available
from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P.
O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by
emailing: Purchasing@fcgov.com or calling 970-221-6775.
23. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Applies to all contracts except micro-purchases.
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part
of this contract (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
24. INCREASING SEAT BELT USE IN THE UNITED STATES
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its
contractors to adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company-owned, rented, or personally owned vehicles.
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25. REDUCING TEXT MESSAGING WHILE DRIVING
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its
employees, subrecipients, and contractors to adopt and enforce policies that ban text
messaging while driving, and the City has established workplace safety policies to decrease
accidents caused by distracted drivers.
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