HomeMy WebLinkAboutRFP - 10197 Vine and Timberline Overpass DesignRFP 10197 Vine and Timberline Overpass Design Page 1 of 49
REQUEST FOR PROPOSAL
10197 VINE AND TIMBERLINE OVERPASS DESIGN
RFP DUE: 3:00 PM MT (Mountain Time), October 3, 2025
The City of Fort Collins is requesting proposals from qualified Professionals to provide the City
with planning and conceptual engineering design (10% Design), including the review and
confirmation of the existing conceptual design documents. At the discretion of the City, this
Agreement may be extended to the final design and construction support phases in a typical
design-bid-build contracting model. The successful candidate will identify and address all of the
tasks, issues and deliverables in their proposal. Prospective teams must possess the expertise
and experience necessary to complete the project on time, within the established budget, and be
motivated to work with City staff and other stakeholders to accomplish the goals and objectives
associated with this project.
*Because this solicitation is federally funded, proposals must NOT include pricing.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 10:00 AM MT on September 18, 2025. The pre-
proposal meeting will be hosted on-line via Microsoft Teams or Zoom. Select or copy/paste the
below link into your browser for access to the meeting. Please be prepared to mute your
microphone:
Microsoft Teams
Join the meeting now
Meeting ID: 290 321 300 991 8
Passcode: MN2tU2pD
Dial in by phone
+1 970-628-0892,,374802793# United States, Grand Junction
Find a local number
Phone conference ID: 374 802 793#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to Gunnar Hale, Project Manager, at ghale@fcgov.com, no
later than 3:00 PM MT on September 26, 2025. Please format your e-mail to include: RFP
10197 Vine and Timberline Overpass Design in the subject line. Questions received after this
deadline may not be answered. Responses to all questions submitted before the deadline will be
addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Financial Services
Purchasing Division
nd Floor
970.221.6775
fcgov.com/purchasing
RFP 10197 Vine and Timberline Overpass Design Page 2 of 49
This RFP has been posted utilizing the following Commodity Code(s):
92517 Civil Engineering
92533 Engineer Services, Professional
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Professionals Registration: The City requires new Professionals receiving awards from the
City to submit IRS form W-9 and requires all Professionals to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
RFP 10197 Vine and Timberline Overpass Design Page 3 of 49
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10197 Vine and Timberline Overpass Design Page 4 of 49
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Professionals to provide the
City with planning and conceptual engineering design (10% Design), preparing a Project
Management Plan, data collection, alternatives analysis, preliminary environmental
impact analysis. and stakeholder coordination for the Over Vine Rail Priorities and Safety
System (OVERPASS) and BNSF grade-separated project. The Project Location Map is
included as Attachment 1. The design phase shall be extendable, at the City’s discretion
through final design and construction. The successful candidate will identify and address
all the tasks, issues, and deliverables in their proposal. Prospective teams must possess
the expertise and experience necessary to complete the project on time and within the
established budget and be motivated to work with City staff and all other stakeholders to
accomplish the goals and objectives associated with this project. Proposing Professionals
should have the ability to proceed to the final design and construction support phases in
a typical design-bid-build contracting model.
It is the City’s intent to hire a single Professional team capable of completing the
project in its entirety.
The Agreement will be subject to federal procurement regulations and all work under this
Agreement shall comply with Section VI, Exhibit G. Appendix II: Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards since the funding for this study
includes federal funds. The selection process for these services will be qualifications
based in accordance with the Brooks Act. The cost for these services will be part of the
process during the final phase when the City negotiates pricing with the highest rated
Professional. At this time, the City will negotiate labor rates for this Agreement. The City
requires that interested Professionals DO NOT PROVIDE PRICING as part of their initial
proposal for this solicitation. The phases for this solicitation are outlined as follows:
Phase 1 – Proposal evaluation based on qualifications
Phase 2 – Interview evaluation
Phase 3 – Project and price negotiations
Please submit information regarding any experience you have with federal projects.
B. Background
The project is currently funded by a Railroad Crossing Elimination Grant through
conceptual design. The submitted grant is included as Attachment 2. This grant and
other funding sources will be evaluated and pursued with the selected team as the
project moves forward to fund final design and construction of the project.
As part of the Transportation Capital Projects Prioritization Study completed in 2023 a
conceptual drawing and estimate were completed for the Timberline and Vine Overpass.
It is expected that a proposing firm be capable of reviewing and confirming the
conceptual designs and work product, and updating the scope as needed. This
information will be shared with the awarded Professional.
The Vine and Timberline Overpass project is important to the City for the following
reasons:
RFP 10197 Vine and Timberline Overpass Design Page 5 of 49
• Safety – Improve safety along arterial streets and at intersections for all road users,
with an emphasis on vulnerable road users. Making arterial streets safer by providing
separated bicycle facilities and creating safer intersections for bikes and pedestrians
to cross arterial streets is a core piece of the City’s Active Modes Plan and Vision Zero
Action Plan. There have been 7 accidents reported at this intersection with 2 occurring
in the past 5 years.
• Traffic Congestion – Northeast Fort Collins is expected to grow significantly in the
next 3-5 years, new developments are ready to handle the influx of new residents
with 12 housing developments currently entitled and under construction or planned.
Over 10,000 dwellings are planned and there is an additional 150 acres to support
another 3,300 dwellings.
All work associated with the project must be in accordance with CDOT specifications
and Larimer County Urban Area Street Standards (LCUASS), unless otherwise
approved by the City. All plans must be prepared in CDOT format, and specifications
must be written in the format of the latest CDOT Standard Specifications for Road and
Bridge Construction.
The Professional should present their experience and abilities regarding the following:
• Plan preparation and coordination involving all aspects of design and structural
engineering
• Thorough understanding and experience constructing on/over an existing railroad
crossing and construction techniques.
• Knowledge and understanding of pedestrian and bicycle design practices and
procedures for designing successful multi-modal connections
• Ability to work effectively as part of a team in a fast-paced project development
environment
II. SCOPE OF PROPOSAL
A. Scope of Work
The scope of work is fully outlined in the attached Planning RCE PMP Template as
Attachment 3, provided below are excerpts from the document for each of the tasks to be
performed.
Task 1: Project Administration and Management
1. Subtask 1.1: Project Administration
A. The Professional will perform all tasks required for the Project through a
coordinated process, which will involve affected railroad owners, operators,
and funding partners
2. Subtask 1.2: Project Management Plan
B. The Professional will prepare a Project Management Plan (PMP), that
describes how the Project will be implemented and monitored to ensure
effective, efficient, and safe delivery of the Project on time and within budget.
The PMP will describe, in detail, the activities and steps necessary to complete
the tasks outlined in this Statement of Work.
C. The Professional will submit the PMP to Federal Railroad Administration (FRA)
for review and approval. The Professional will implement the Project as
RFP 10197 Vine and Timberline Overpass Design Page 6 of 49
described in the approved PMP. The Professional will not begin work on
subsequent tasks until FRA has provided written approval of the PMP
3. Subtask 1.3: Project Closeout
D. The Professional will submit a Final Performance Report which should
describe the cumulative activities of the Project, including a complete
description of the Professional’s achievements with respect to the Project
objectives and milestones.
Task 2: Purpose & Need Statement and Stakeholder Coordination Plan
1. Subtask 2.1: Preliminary Purpose and Need Statement
The Professional will develop, and submit to FRA for approval, a preliminary
Purpose and Need statement to serve as the foundation for the Alternatives
Analysis. The preliminary Purpose and Need is for project planning and will be
subject to agency and public review and comment as part of a potential future
NEPA process.
2. Subtask 2.2: Stakeholder Coordination Plan
A Stakeholder Coordination Plan will need to identify key contacts within agencies,
civic and business groups, public officials, relevant interest groups, present and
potential riders/users, private service providers/shippers, other key stakeholder
groups, and the public. The Stakeholder Coordination Plan will also identify
potential state, local, and Federal agencies that should be consulted with. The plan
will identify involvement activities linked to key milestones in the
planning/conceptual engineering and alternatives analysis process and align with
the Detailed Project Schedule from Task 1. The Professional will prepare, and
submit to FRA for approval, a Stakeholder Coordination Plan.
Task 3: Alternatives Analysis
1. Subtask 3.1: Existing Conditions
The Professional will assess the condition of current rail operations and
infrastructure and other conditions within the project area. This should include
information on the roadway crossing characteristics, train operations and safety,
maintenance activities, engineering/capacity constraints of the existing facilities or
infrastructure. Identify any planned or programmed infrastructure improvements
contained in state and local planning documents and check to see if rail operators
have planned infrastructure enhancements.
2. Subtask 3.2 Transportation Technical Analysis
The Professional will conduct a transportation technical analysis of the railroad
crossing. The Federal Highway Administration Scoping and Conducting Data-
Driven 21st Century Transportation System Analyses (2017)0F1 document can be
used as a reference to help scope the technical analysis. The transportation
technical analysis should be completed for each alternative. An existing conditions
report will be submitted this phase
RFP 10197 Vine and Timberline Overpass Design Page 7 of 49
3. Subtask 3.3: Conceptual Engineering
The Professional will develop conceptual engineering to a level sufficient to identify
necessary infrastructure improvements and determine the cost estimates for each
alternative. Conceptual engineering will include developing design criteria, track
work concepts, structural concepts and roadway crossing concepts for grade
separation or closure, track relocation, installation of protective devices (signals,
signs, other and measures that improve safety), mobility enhancements, and
technology solutions, etc. The Professional will coordinate with key stakeholders
including FRA on this task. The conceptual engineering designs will form the basis
of the Project design and construction. The scope elements should fulfil the high-
level conceptual engineering requirements found in the Railroad Capital Project
Guidance (2025).
4. Subtask 3.4: Capital Cost Estimate
The objective of this task is to identify the capital cost to design, construct, and
implement the proposed project. The Professional will provide capital cost
estimates for each alternative, including quantity and unit cost of each element
relating to core track structures, roadway crossing enhancements, land
acquisition, contingencies, and any new facilities or upgrades required for train
operations.
5. Subtask 3.5: Preliminary Environmental Impact Analysis
The objective of this task to is to identify key environmental considerations in the
development of alternatives to support future lifecycle stages of the project. The
Professional will perform a high-level qualitative socioeconomic, cultural, human
environment, and natural environmental resource inventory and preliminary effects
analysis as part of the development and screening of options concurrently with
tasks 3.3 and 3.4. The Professional can use the Railroad Capital Project Guidance
(2025) document as a high-level reference for developing the preliminary
environmental analysis.
B. Deliverables/Milestones
The selected professional must be able to submit the PMP for a draft review to the FRA
by January 16th, 2026, and make corrections as needed to gain approval from the FRA
by February 28th, 2026.
The final performance report must be complete and accepted by August 31, 2027.
C. Minimum Qualifications
The selected Professional will have the necessary experience, certifications, and
licenses to perform the full scope of work defined in this RFP.
D. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
RFP 10197 Vine and Timberline Overpass Design Page 8 of 49
• RFP issuance: September 10, 2025
• Pre-Proposal Meeting: 10:00 AM MT on September 18, 2025
• Question deadline: 3:00 PM MT on September 26, 2025
• Final Addendum Issued: September 29, 2025
• Proposal due date: 3:00 PM MT on October 3, 2025
• Interviews (tentative): Week of October 20, 2025
• Award of Contract (tentative): Week of October 27, 2025
E. Interviews
In addition to submitting a written proposal, the top-rated Professionals may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
F. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Professional will be required to
provide original receipts to the City for all travel expenses.
G. Subcontractors/Subconsultants
Professional will be responsible for identifying any subcontractors and/or subconsultants
in their proposal. Please note that the City will contract solely with the awarded
Professional; therefore, subcontractors and/or subconsultants will be the responsibility of
the Professional.
H. Financial Qualifications (CONFIDENTIAL)
Professionals selected as finalists may be required to submit a banking reference and the
most recent financial statement (audited preferred) including balance sheet and income
statement, as well as a statement of cash flows (the “Financial Information”).
I. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
J. Fees, Licenses, Permits
The successful Professional shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
RFP 10197 Vine and Timberline Overpass Design Page 9 of 49
K. Laws and Regulations
The Professional agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include American Disabilities
Act (ADA).
L. Work Orders
The awarded Professional(s) will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section VI for reference purposes. In the
event that the City has agreements with multiple Professionals for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Professionals or assign Work Orders directly to a Professional at its sole
discretion. Selection for individual Work Orders may be based on, but not limited to,
availability, approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Professional, project manager and Purchasing Department representative. Depending on
the cost and nature of the Work, additional signature authorization may be required. Any
changes to the dates, cost or scope of any Work Order must be agreed upon in writing
utilizing the City’s Change Order (included in the Agreement) and will not be considered
valid until signed, at a minimum, by the Professional, project manager and Purchasing
Department representative.
M. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Professional each month
following the submittal of a correct invoice by the Professional indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type category,
hourly rate for each employee/work type category, date of the work performed specific to
the task, percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Professional and the City will negotiate an appropriate unit price for the service prior to the
Professional initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty-five (25) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers, resumes, team profiles and
Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no
less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a
single page and may be used for detailed pricing. Links to other files or websites shall not be
RFP 10197 Vine and Timberline Overpass Design Page 10 of 49
permitted. Proposals that do not conform to these requirements may be rejected.
Professionals are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what
Professionals propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Professional Information
1. Describe the Professional’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Professional.
RFP 10197 Vine and Timberline Overpass Design Page 11 of 49
7. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Is the project team available to attend meetings as required by the Scope of Work?
10. Provide an outline of the schedule for completing tasks.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Professional authorizes
the City to verify any and all information contained herein and hereby releases all those
concerned providing information as a reference from any liability in connection with
any information provided.
5. Provide any information that distinguishes Professional from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Professional’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
RFP 10197 Vine and Timberline Overpass Design Page 12 of 49
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Professional. The Professional is required to review
this Agreement and indicate any objections to the terms of the contract. If revisions to the
contractual terms are requested, provide suggested revisions.
G. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
fully bound by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
RFP 10197 Vine and Timberline Overpass Design Page 13 of 49
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement?
4.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
3.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
RFP 10197 Vine and Timberline Overpass Design Page 14 of 49
V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 10197 Vine and Timberline Overpass Design and sample
Agreement except as otherwise noted. Additionally, Professional hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Professional’s knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Professional acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
RFP 10197 Vine and Timberline Overpass Design Page 15 of 49
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 16 of 49
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
This Master Professional Services Agreement (Agreement) made and entered into the
day and year set forth in the Agreement Period section below, by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) [enter state]
[business type] (Professional).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The Professional agrees to provide Services in accordance with any
project Work Orders for 10197 Vine and Timberline Overpass Design, issued by the City.
Such Work Orders will be incorporated into this Agreement. A blank sample of a Work
Order is attached hereto as Exhibit A, consisting of [# of Pages] and incorporated herein. A
general Scope of Services is attached hereto as Exhibit B, consisting of [# of Pages] and
incorporated herein. The City reserves the right to independently solicit any project rather
than issuing a Work Order to the Professional for the same pursuant to this Agreement.
Irrespective of references to certain named third parties within this Agreement or any Work
Order, the Professional shall be solely responsible for performance of all duties hereunder.
The term Service as used in this Agreement shall include the Services and deliverables
contained in any Work Order issued by the City.
The City may, at any time during the term of a particular Work Order and without invalidating
the Work Order, make changes to the scope of the particular Service. Changes shall be
agreed upon in writing by the parties by Change Order, a sample of which is attached hereto
as Exhibit C, consisting of [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this Agreement shall be
performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This Agreement shall commence , 20(Year) (the Effective Date)
and shall continue in full force and effect until , 20(Year), unless sooner terminated
as herein provided. In addition, at the option of the City, the Agreement may be extended
for additional one (1) year periods not to exceed four (4) additional one-year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties only at
the time of renewal. Written notice of renewal shall be provided to the Professional no later
than thirty (30) days before Agreement end. Should written notice of renewal be delayed,
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 17 of 49
the parties agree that this Agreement may automatically extend on a month-to-month basis
until a renewal is completed. Upon expiration of the final renewal term, the Agreement may
continue but not to exceed one (1) year if required to complete any active Work Orders in
accordance with Section 8-186 of City Code.
5. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause or penalty by providing at least ten (10)
calendar days written notice of termination to the Professional.
In the event of early termination by the City, the Professional shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
Professional 's obligations under this Agreement. Professional shall submit a final invoice
within ten (10) calendar days of the effective date of termination. Payment shall be the
Professional's sole right and remedy for termination.
6. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Professional: City: Copy to:
Attn: Gunnar Hale
PO Box 580
Fort Collins, CO 80522
ghale@fcgov.com
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Professional [choose one] as designated in Exhibit D, consisting
of [# of Pages], attached and incorporated herein. At the election of the City, each Work
Order may contain a maximum fee, which shall be negotiated by the parties hereto for each
Work Order. Partial payments based upon the Professional’s billings and itemized
statements are permissible as defined in the applicable Work Order. The amounts of any
partial payments shall be based upon the Professional’s City-verified progress in completing
the Service(s) to be performed pursuant to the Work Order and upon approval of the
Professional’s direct reimbursable expenses. Payment shall be made following acceptance
of the Services by the City.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the Professional following the
submittal of a correct itemized invoice by the Professional. The City is exempt from sales
and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of
the license is available upon written request.
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 18 of 49
The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
8. Design and Service Standards. The Professional warrants and shall be responsible for the
Professional quality, technical accuracy, accessibility requirements under ADA and Public
Accommodations and Technology Accessibility sections below, timely completion and the
coordination of all Services rendered by the Professional, and the Project Instruments as
defined in the Project Instruments and License section below. The Professional shall,
without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies from such standards.
9. Indemnification. The Professional shall indemnify, defend, and hold harmless the City and
its officers and employees, to the maximum extent permitted under Colorado law, against
and from any and all actions, suits, claims, demands, or liability of any character whatsoever
claimed by the Professional or third parties against the City arising out of or related to this
Agreement (not limited to contract, tort, intellectual property, accessibility, or otherwise).
This obligation extends to reimbursement of the City's costs and reasonable attorney’s fees.
10. Insurance. The Professional shall maintain insurance in accordance with Exhibit [choose
one], consisting of [# of Pages], attached hereto and incorporated herein.
11. Appropriation. To the extent this Agreement, or any provision in it, requires payment of any
nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by the
Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have
no obligation to continue this Agreement in any fiscal year for which there are no pledged
cash reserves or supporting appropriations pledged irrevocably for purposes of payment
obligations herein. Non-appropriation by the City shall not be construed as a breach of this
Agreement.
12. Project Instruments and License.
a. Upon execution of this Agreement, the Professional grants to the City an irrevocable,
unlimited and royalty free license to use any and all sketches, drawings, as-builts,
specifications, designs, blueprints, data files, calculations, studies, analysis, renderings,
models, plans, reports, and other Work Order deliverables (Project Instruments), in any
form whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the City substantially
performs its obligations under the Agreement. The license granted hereunder permits
the City and third parties reasonably authorized by the City to reproduce applicable
portions of the Project Instruments for use in performing the Services or construction for
the project. In addition, the license granted hereunder shall permit the City and third
parties reasonably authorized by the City to reproduce and utilize the Project
Instruments for similar projects, provided however, in such event the Professional shall
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 19 of 49
not be held responsible for the design to the extent the City deviates from the Project
Instruments. This license shall survive termination of the Agreement by default or
otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
Professional shall become the City’s property. The Professional shall provide the City
with the Project Instruments in electronic format in a mutually agreed upon file type.
13. City Project Manager. The City’s Project Manager will be shown on the specific Work Order
and shall make, within the scope of the Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change order and other clarification or instruction
shall be directed to the City Project Manager.
The initial City Project Manager for this Agreement is Gunnar Hale and can be reached at
ghale@fcgov.com. The City Project Manager is subject to change by the City.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the City Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the Professional are those of an
independent contractor and not of an employee of the City. The City shall not be responsible
for withholding any portion of the Professional's compensation hereunder for the payment
of FICA, Workers' Compensation, unemployment insurance, other taxes or benefits or for
any other purpose.
16. Personal Services. It is understood that the City enters into this Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior
written consent of the City.
17. Subcontractors/Subconsultants. The Professional may not subcontract any of the Service(s)
set forth in any Work Order without the prior written consent of the City, which shall not be
unreasonably withheld. If any of the Services is subcontracted hereunder, with the consent
of the City, then the following provisions shall apply:
a. the subcontractor/subconsultant must be a reputable, qualified firm with an established
record of successful performance in its respective trade performing identical or
substantially similar Services;
b. the subcontractor/subconsultant will be required to comply with all applicable terms of
this Agreement;
c. the subcontract will not create any contractual relationship between any
subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the
payment of any subcontractor/subconsultant; and
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 20 of 49
d. the Services of the subcontractor/subconsultant will be subject to inspection by the City
to the same extent as the Service(s) of the Professional.
The Professional shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the City as an additional insured under
this Agreement in accordance with Exhibit [choose one]. The Professional shall maintain a
copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance.
Upon request, the Professional shall promptly provide the City with a copy of the
certificate(s) within two (2) business days.
The Professional shall be responsible for any liability directly or indirectly arising out of the
Services performed under this Agreement by a subcontractor/subconsultant, which liability
is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The City's approval of Project Instruments furnished hereunder
shall not in any way relieve the Professional of responsibility for the quality or technical
accuracy of the Services. The City's approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail to or refuse to perform according to
the terms of this Agreement, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the Agreement and seek damages;
b. treat the Agreement as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
Agreement of the parties regarding this transaction and the matter recited herein. This
Agreement shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The Agreement shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties. In the
event of a conflict between the terms of the Agreement and any exhibit or attachment, the
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 21 of 49
terms of the Agreement shall prevail. Each person executing this Agreement affirms that
they have the necessary authority to sign on behalf of their respective party and to bind such
party to the terms of this Agreement.
22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this Agreement —without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
City subsequently agrees in writing that the matter may be heard in federal court, venue will
be in U.S. District Court for the District of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, that
holding shall not invalidate or render unenforceable any other provision of this Agreement.
23. Prohibition Against Unlawful Discrimination. The Professional acknowledges that the City,
in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42
US.C. § 2000d to 2000d-4) , C.R.S. § 24-34-401, and any associated State or Federal laws
and regulations, strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation,
genetic information, or other characteristics protected by law. Pursuant to City policy, sexual
orientation means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that the employee has been discriminated against in violation of
the above policy or participating in an employment discrimination proceeding.
The Professional shall comply with the City’s policy for equal employment opportunity and
to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party subcontractors/subconsultants at every tier.
24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
Professional agrees to meet all the requirements of the Americans with Disabilities Act of
1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable
Colorado public accommodation laws, which are imposed directly on the Professional or
which would be imposed on the City as a public entity.
25. Technology Accessibility. The Professional represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Professional shall also comply with all State of Colorado technology standards related
to technology accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 22 of 49
standards.
To confirm that the Project Instruments meet these standards, the Professional may be
required to demonstrate compliance. The Professional shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the City
in relation to the Professional’s failure to comply with C.R.S. § 24-85-101, or the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
The City may require the Professional’s compliance to the State’s Accessibility Standards
to be determined by a third party selected by the City to attest to the Project Instruments
and software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for
Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5).
26. Data Privacy. Professional will comply with all applicable data privacy regulations and laws,
specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 et. seq. (the Privacy Act).
Professional shall ensure that each person processing any personal data connected to the
Services is subject to a duty of confidentiality with respect to the data. If applicable,
Professional shall require that any subcontractors meet the obligations of Professional with
respect to any personal data connected to this Agreement and corresponding Work Orders.
The Parties agree that upon termination of the Services that Professional shall, at the City’s
choice, delete or return all personal data to the City unless retention of the personal data is
required by law. Professional shall make available to the City all information necessary to
demonstrate compliance with the obligations of the Privacy Act. Professional shall allow
for, and contribute to, reasonable audits and inspections by the City or the City’s designated
auditor.
27. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable law.
28. Colorado Open Records Act. Professional acknowledges that the City is a governmental
entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and
documents in the City’s possession may be considered public records subject to disclosure
under the CORA. The parties agree that this Agreement, all incorporated Exhibits, and all
future Work Orders, unless specifically marked as Confidential, are considered public
records under the CORA.
29. Delay. Time is of the essence. Subject to Force Majeure section of this Agreement, if the
Professional is temporarily delayed in whole or in part from performing its obligations, then
the Professional shall provide written notice to the City within two (2) business days defining
the nature of the delay. Provision of written notice under this Section shall not operate as a
waiver of any rights or benefits provided to the City under this Agreement.
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 23 of 49
30. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Professional must provide notice to the City of such condition
within ten (10) days from the onset of the condition.
31. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this Agreement are set forth in Exhibit [choose one] - Confidentiality,
consisting of [# of Pages], attached hereto and incorporated herein by this reference.
32. Order of Precedence. In the event of a conflict or inconsistency within this Agreement, the
conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this Agreement (and any written amendment),
b. Exhibits to this Agreement,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
33. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the City to indemnify or hold Professional harmless;
requires the City to agree to binding arbitration; limits Professional’s liability; or that conflicts
with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 24 of 49
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 25 of 49
EXHIBIT A
WORK ORDER FORM
PURSUANT TO A PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 10197 Vine and Timberline Overpass Design
PROFESSIONAL MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Professional agrees to perform the Service(s) identified above and on the attached forms in
accordance with and subject to the terms and conditions contained herein and in the Master
Services Agreement (Agreement) between the parties. This Work Order is incorporated into the
Agreement, and the Agreement and all prior amendments or other modifications to the
Agreement, if any, remain in full force and effect. In the event of a conflict between or ambiguity
in the terms of the Agreement and this Work Order (including the attached forms) the Agreement
as set forth in the Order of Precedence section of the Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Gunnar Hale, City Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 26 of 49
EXHIBIT B
GENERAL SCOPE OF WORK
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 27 of 49
EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME: 10197 Vine and Timberline Overpass Design
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Gunnar Hale, City Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 28 of 49
EXHIBIT D
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 29 of 49
EXHIBIT E
INSURANCE REQUIREMENTS
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this Agreement. All
insurance policies required by this Agreement that are not provided through self-insurance shall
be issued by insurance companies with an AM Best rating of A-VIII or better.
A. Local Agency Insurance. Local Agency is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, §24-10- 101, et seq., C.R.S. (the “GIA”) and shall maintain at all
times during the term of this Agreement such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements. Local Agency shall ensure that each Subcontractor that is a
public entity within the meaning of the GIA, maintains at all times during the terms of this
Agreement, such liability insurance, by commercial policy or self-insurance, as is necessary
to meet the Subcontractor’s obligations under the GIA. Local Agency shall ensure that each
Subcontractor that is not a public entity within the meaning of the GIA, maintains at all times
during the terms of this Agreement all of the following insurance policies:
i. Workers’ Compensation Workers’ compensation insurance as required by state statute,
and employers’ liability insurance covering all Local Agency or Subcontractor employees
acting within the course and scope of their employment.
ii. General Liability Commercial general liability insurance written on an Insurance Services
Office occurrence form, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability, personal
injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate; c. $1,000,000 products and completed operations
aggregate; and d. $50,000 any 1 fire.
iii. Automobile Liability. Automobile liability insurance covering any auto (including owned,
hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined
single limit.
iv. Protected Information Liability insurance covering all loss of State Confidential Information,
such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations
of privacy rights through improper use or disclosure of protected information with minimum
limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance. Professional liability insurance covering any damages
caused by an error, omission or any negligent act with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 30 of 49
vi. Crime Insurance. Crime insurance including employee dishonesty coverage with minimum
limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability Liability insurance covering all civil, regulatory
and statutory damages, contractual damages, data breach management exposure, and
any loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI,
and claims based on alleged violations of breach, violation or infringement of right to
privacy rights through improper use or disclosure of protect consumer data protection law,
confidentiality or other legal protection for personal information, as well as State
Confidential Information with minimum limits as follows: OLA #: 331003221 Routing #: 24-
HA4-XC-00244
a. $1,000,000 each occurrence; and b. $2,000,000 general aggregate.
C. Additional Insured.
1) The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed
operations) required of Local Agency and Subcontractors. In the event of cancellation of
any commercial general liability policy, the carrier shall provide at least 10 days prior
written notice to CDOT.
2) The City, its officers, agents and employees shall be named as additional insureds on the
Professional’s general liability and automobile liability insurance policies by marking the
appropriate box or adding a statement to this effect on the certificate, for any claims arising
out of work performed under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
D. Primacy of Coverage. Coverage required of Local Agency and each Subcontractor shall be
primary over any insurance or self-insurance program carried by Local Agency or the State.
E. Cancellation. All commercial insurance policies shall include provisions preventing
cancellation or non-renewal, except for cancellation based on non-payment of premiums,
without at least 30 days prior notice to Local Agency and Local Agency shall forward such
notice to the State in accordance with §16 within 7 days of Local Agency’s receipt of such
notice.
F. Subrogation. Waiver All commercial insurance policies secured or maintained by Local
Agency or its Subcontractors in relation to this Agreement shall include clauses stating that
each carrier shall waive all rights of recovery under subrogation or otherwise against Local
Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
G. Certificates. For each commercial insurance plan provided by Local Agency under this
Agreement, Local Agency shall provide to the State certificates evidencing Local Agency’s
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10197 Vine and Timberline Overpass Design
Page 31 of 49
insurance coverage required in this Agreement within seven (7) Business Days following the
Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor
insurance coverage required under this Agreement within seven (7) Business Days following
the Effective Date, except that, if Local Agency’s subcontract is not in effect as of the Effective
Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local
Agency’s execution of the subcontract. No later than 15 days before the expiration date of
Local Agency’s or any Subcontractor’s coverage, Local Agency shall deliver to the State
certificates of insurance evidencing renewals of coverage. At any other time during the term
of this Agreement, upon request by the State, Local Agency shall, within seven (7) Business
Days following the request by the State, supply to the State evidence satisfactory to the State
of compliance with the provisions of this §12.
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 32 of 49
EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Professional under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, City customer identifiable information (including account, address,
billing, consumption, contact, and other customer data), utility metering data, service billing
records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer
identifiable information in any form, whether or not bearing a mark of confidentiality or
otherwise requested by the City, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this Agreement and related to the services for which Professional has
been engaged shall be considered in the same manner and be subject to the same treatment
as the information disclosed after the execution of this Agreement with regard to protecting it
as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental to
Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Professional shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this Agreement as an on-going obligation of the Parties.
Professional shall not use such information to obtain any economic or other benefit for itself,
or any third party, other than in the performance of obligations under this Agreement.
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 33 of 49
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, Professional must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take
appropriate steps to mitigate identity theft if it occurs with any of the City’s covered information
and must notify the City in writing within twenty-four (24) hours of discovery of any breaches
of security or Red Flags to the City.
7. Data Protection and Data Security.
Professional shall have in place information security safeguards designed to conform to or
exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) Professional’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 34 of 49
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. Professional may use subcontractors, though such activity shall not
release or absolve Professional from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and Confidential Information received, for any subcontractor Professional may use.
Accordingly, any release of data, confidential information, or failure to protect information
under this Agreement by a subcontractor or affiliated party shall be attributed to
Professional and may be considered to be a material breach of this Agreement.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the Professional can ensure security for the Confidential Information so stored.
Workstations or laptops to be used in the Services will be required to have personal firewalls
on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or Agreement and at any time
thereafter unless specifically authorized by the City in writing.
10. Termination Remedy. If Professional breaches any of the terms of this Exhibit, in the City’s
sole discretion, the City may immediately terminate this Agreement and withdraw
Professional’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this Agreement to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. Professional Receiving Party acknowledges that the Disclosing Party may,
based upon the representations made in this Agreement, disclose security information that is
critical to the continued success of the Discloser’s business. Accordingly, Receiving Party
agrees that the Disclosing Party does not have an adequate remedy at law for breach of this
Agreement and therefore, the Disclosing Party shall be entitled, as a non-exclusive remedy,
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 35 of 49
and in addition to an action for damages, to seek and obtain an injunction or decree of specific
performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy
any violation of this Agreement.
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 36 of 49
EXHIBIT G
APPENDIX II: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
(A) For a Contract for more than the simplified acquisition threshold ($250,000).
Breach. Any breach of the Contract by Professional 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 Professional’s breach, the City may pursue recovery of such
damages from Professional. 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 Professional’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 Professional 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 Professional to suspend
performance of all or any portion of the Work pending necessary corrective action
specified by the City and without entitling Professional to an increase in compensation
or extension of the performance schedule. Professional 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 Professional to
correct any rejected Work at the City ’s discretion. Upon City ’s request, Professional
must correct rejected Work at Professional’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 Professional.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Professional otherwise fails to provide or
complete, as determined by the City in its sole discretion. Upon City request,
Professional will promptly refund any amounts prepaid by the City with respect to such
non-compliant Work.
d. Removal: Upon City ’s request, Professional 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.
(B) [All Contracts in excess of $10,000 must address termination for cause and for
convenience including the manner by which it will be effected and the basis of the
settlement.]
Termination.
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 Professional. In such event, the
City shall pay the Professional its costs, including reasonable Contract close-out costs,
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 37 of 49
and profit on Work performed up to the time of termination. The Professional shall
promptly submit its termination claim to the City to be paid the Professional. If the
Professional has any property in its possession belonging to the City, the Professional will
account for the same, and dispose of it in a manner the City directs.
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 Professional, or the appointment of a receiver or similar officer
for Professional 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 remedies
provided under this Contract or at law, including immediate termination of the Contract.
(C) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the definition
of “federally assisted construction Contract” in 41 CFR Part 60-1.3]
Equal Employment Opportunity. Professional agrees to comply with the Equal
Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41
CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.” Professional further agrees to include this provision,
including the Equal Opportunity Clause or a reference thereto, in any subcontracts it
enters into pursuant to the Contract.
During the performance of this Contract, the Professional agrees as follows:
(1) The Professional will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Professional 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 identity, 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 Professional 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.
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 38 of 49
(2) The Professional will, in all solicitations or advertisements for employees placed
by or on behalf of the Professional, 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 Professional 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
Professional's legal duty to furnish information.
(4) The Professional will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other Contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the Professional's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Professional 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 Professional will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 39 of 49
(7) In the event of the Professional's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders, this
Contract may be canceled, terminated, or suspended in whole or in part and
the Professional may be declared ineligible for further Government Contracts or
federally assisted construction 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 Professional will include the portion of the sentence immediately preceding
paragraph (1) and 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 Professional will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a Professional becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the Professional may request the United
States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided, that if the
applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under
the Contract.
The applicant agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
Professionals and subcontractors with the equal opportunity clause and the
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 40 of 49
rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's
primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or
Contract modification subject to Executive Order 11246 of September 24, 1965, with a
Professional debarred from, or who has not demonstrated eligibility for, Government
Contracts and federally assisted construction Contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon Professionals and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Professional or subcontractor shall
include the equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity
clause may be included by reference in all Government Contracts and
subcontracts, including Government bills of lading, transportation requests,
Contracts for deposit of Government funds, and Contracts for issuing and
paying U.S. savings bonds and notes, and such other Contracts and
subcontracts as the Director of OFCCP may designate.
(e) Incorporation by operation of the order. By operation of the order, the equal
opportunity clause shall be considered to be a part of every Contract and
subContract required by the order and the regulations in this part to include
such a clause whether or not it is physically incorporated in such Contracts and
whether or not the Contract between the agency and the Professional is written.
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 41 of 49
(f) Adaptation of language. Such necessary changes in language may be made in
the equal opportunity clause as shall be appropriate to identify properly the
parties and their undertakings.
(D) [Where applicable, all Contracts awarded by the non-Federal entity in excess of $100,000
that involve the employment of mechanics or laborers]
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Professional
must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-
3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to
compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or Contracts for
transportation or transmission of intelligence.
a. 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 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.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section 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 (a) of this section, in the sum of $26 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 (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA 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
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 42 of 49
as provided in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) of this section and also a clause requiring
the subcontractors 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 (a) through (d) of this section.
(E) [If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a)]
Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by
the Professional or the City with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the parties must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Contracts,” and any implementing regulations issued by the awarding agency.
(F) [Contracts and subgrants of amounts in excess of $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 Professional 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 Professional agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
(G) [For Contract awards (see 2 CFR 180.220)]
Debarment and Suspension (Executive Orders 12549 and 12689). Professional attests
that it is not listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, the Professional is required to verify that none of the
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 43 of 49
Professional ’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2
C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined
at 2 C.F.R. § 180.935).
b. The Professional must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Professional did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
(H) [For Contracts exceeding $100,000]
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Professional attests that it has filed
the required certification under the Byrd Anti-Lobbying Amendment. Professional 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. Professional 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.
(I) [All Contracts]
Procurement of recovered materials (2 CFR §200.323). 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 Professional 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
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 44 of 49
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.
(J) [All Contracts]
Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR §200.216). Professional 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).
(i) 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).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) 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.
(K) [All Contracts]
2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the
extent consistent with law, Professional should, to the greatest extent practicable, prefer
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). The requirements of this section must be included in all subawards including all
Contracts and purchase orders for work or products under this award.
Foreign Market Restrictions. The Professional shall not allow funds provided under this
contract to be used to fund the use of any products or service of a foreign country during
the period in which such foreign country is listed by the United States Trade
Representative as denying fair and equitable market opportunities for products and
supplies of the United States in procurement and construction.
(L) [All Contracts]
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 45 of 49
2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises,
and Labor Surplus Area Firms. The City will take affirmative steps to solicit and include
small, minority, and women-owned businesses when possible in an effort to encourage
participation and fair competition in providing supplies/services described in this
solicitation. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must
include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
If subcontracts are to be let, Professional must take all necessary affirmative steps to
assure that minority businesses, women’s business enterprises, and labor surplus area
firms are used as required by 2 C.F.R. § 200.321.
(M) Bid Protest Procedures
City of Fort Collins Bid Protest Procedures. The City of Fort Collins has a protest
procedure covering any phase of solicitation or award, including but not limited to
specification or award. The protest procedures are available from the Purchasing
Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort
Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
(N) Title VI of the Civil Rights Act of 1964 - 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.
(O) Increasing Seat Belt Use in the United States – Pursuant to Executive Order 13043, 62
FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 46 of 49
the-job seat belt policies and programs for their employees when operating company-
owned, rented, or personally owned vehicles.
(P) Reducing Text Messaging While Driving – 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.
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 47 of 49
EXHIBIT H
PROMPT PAYMENT CERTIFICATION
The Professional 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 Professional’s receipt of
payment for that work from the City. In addition, all retainage amounts withheld from
subcontractors must be paid no later than 30 days after it satisfactorily completed its work,
whether or not the City has paid said amounts to the Professional. The Professional 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 Professional 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. The Professional shall complete and submit the following Prompt
Payment Certification form with each invoice.
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 48 of 49
PROMPT PAYMENT CERTIFICATION
Professional will place a check in the appropriate box below that applies to this payment request.
To: City of Fort Collins, Colorado (City)
Professional:
Project: 10197 Vine and Timberline Overpass Design
Contract Date:
This certification is submitted in conjunction with Pay Application or Invoice # .
In accordance with the requirements of 49 CFR §26.29, the Professional hereby states the
following with regard to payments made under the Professional Services Agreement for 10197
Vine and Timberline Overpass Design (Agreement)
1. Subcontractors, at the first tier, both DBE and non-DBE, who satisfactorily
completed work and were listed for payment on the prior Payment Application No.
dated , 20 , were paid no later than 30 days after the Professional’s receipt of
payment for that work from the City.
2. All retainage amounts withheld from any subcontractor who satisfactorily completed
its portion of the Agreement work, including punch list items, were paid to the
subcontractor(s) no later than 30 days after it satisfactorily completed its work, whether or
not the City has paid said amounts to Professional.
3. There was no delay in or postponement of any payment owed to a subcontractor,
whether period payment or retainage amount, except for good cause and after receipt of
prior written approval from the City.
The Professional shall retain all subcontractor payment records for a minimum period of three (3)
years from the date of Substantial Completion under the Agreement. The City shall have the
right, with reasonable notice to audit such payment records.
Signed this day of , 20 .
By:
Printed:
Title:
Official Purchasing Document
Professional Services Agreement – Work Order Type
RFP10197 Vine and Timberline Overpass Design Page 49 of 49
4950
4955
4960
4965
4970
4975
4980
4985
4990
4995
5000
4950
4955
4960
4965
4970
4975
4980
4985
4990
4995
5000
10+00
49
5
0
.
3
49
5
0
.
2
7
49
5
0
.
4
49
5
0
.
4
0
11+00
49
5
0
.
9
49
5
0
.
8
7
49
5
1
.
3
49
5
1
.
2
6
12+00
49
5
1
.
4
49
5
1
.
4
0
49
5
2
.
0
49
5
2
.
0
3
13+00
49
5
2
.
3
49
5
2
.
3
3
49
5
2
.
6
49
5
2
.
6
4
14+00
49
5
3
.
3
49
5
3
.
3
0
49
5
4
.
0
49
5
3
.
9
8
15+00
49
5
4
.
6
49
5
4
.
5
5
49
5
5
.
2
49
5
5
.
2
4
16+00
49
5
5
.
7
49
5
5
.
6
8
49
5
6
.
4
49
5
6
.
4
1
17+00
49
5
9
.
0
49
5
9
.
0
3
49
5
9
.
9
49
5
9
.
8
6
18+00
49
6
0
.
5
49
6
0
.
5
2
49
6
0
.
7
49
6
0
.
6
6
19+00
49
5
9
.
8
49
5
9
.
8
2
49
5
9
.
5
49
5
9
.
5
2
20+00
49
5
9
.
6
49
5
9
.
5
6
49
5
9
.
8
49
5
9
.
8
2
21+00
49
6
0
.
2
49
6
0
.
1
8
49
6
1
.
0
49
6
1
.
0
0
22+00
49
6
1
.
3
49
6
1
.
3
1
49
6
1
.
0
49
6
0
.
9
8
23+00
49
6
0
.
8
49
6
0
.
7
6
49
6
0
.
3
49
6
0
.
3
5
24+00
49
6
0
.
3
49
6
0
.
3
3
49
6
1
.
0
49
6
0
.
9
9
25+00
49
6
2
.
0
49
6
2
.
0
0
49
6
0
.
0
49
6
0
.
0
1
26+00
49
5
8
.
5
49
5
8
.
4
6
49
5
8
.
6
49
5
8
.
6
1
27+00
49
5
8
.
6
49
5
8
.
5
8
49
5
8
.
4
49
5
8
.
4
1
28+00
49
5
8
.
3
49
5
8
.
2
6
49
6
0
.
0
49
6
0
.
0
0
29+00
49
5
8
.
0
49
5
8
.
0
0
49
5
8
.
0
49
5
8
.
0
0
30+00
49
5
8
.
1
49
5
8
.
1
0
49
5
8
.
4
49
5
8
.
4
0
31+00
49
5
8
.
7
49
5
8
.
7
5
49
5
9
.
0
49
5
9
.
0
0
32+00
49
5
9
.
7
49
5
9
.
6
7
49
6
0
.
7
49
6
0
.
7
0
33+00
49
6
2
.
2
49
6
2
.
2
0
49
6
3
.
0
49
6
3
.
0
0
34+00
49
6
3
.
5
49
6
3
.
4
9
49
6
3
.
9
49
6
3
.
8
9
35+00
49
6
4
.
5
49
6
4
.
4
7
49
6
5
.
0
49
6
5
.
0
4
36+00
49
6
5
.
5
49
6
5
.
4
8
49
6
6
.
0
49
6
6
.
0
3
37+00
49
6
6
.
6
49
6
6
.
6
4
49
6
7
.
5
49
6
7
.
4
9
38+00
49
6
8
.
6
49
6
8
.
6
1
49
7
0
.
1
49
7
0
.
1
2
39+00
49
7
1
.
7
49
7
1
.
6
9
49
7
3
.
3
49
7
3
.
3
5
0.62%
5.00%
-5.00
%
0.98%
PV
I
S
T
A
=
1
0
+
0
0
.
0
0
EL
E
V
=
4
9
5
0
.
3
4
PV
I
S
T
A
=
3
6
+
5
0
.
0
0
EL
E
V
=
4
9
6
5
.
9
0
420.00' VC
LOW PT STA = 13+51.14
LOW PT ELEV = 4952.52
PVI STA = 15+61.14
PVI ELEV = 4953.82
K = 95.89
BV
C
S
:
1
3
+
5
1
.
1
4
BV
C
E
:
4
9
5
2
.
5
2
EV
C
S
:
1
7
+
7
1
.
1
4
EV
C
E
:
4
9
6
4
.
3
2
580.00' VC
LOW PT STA = 34+49.66
LOW PT ELEV = 4964.41
PVI STA = 32+54.68
PVI ELEV = 4962.03
K = 97.00
BV
C
S
:
2
9
+
6
4
.
6
8
BV
C
E
:
4
9
7
6
.
5
3
EV
C
S
:
3
5
+
4
4
.
6
8
EV
C
E
:
4
9
6
4
.
8
7
660.00' VC
HIGH PT STA = 24+90.00
HIGH PT ELEV = 4992.01
PVI STA = 24+90.00
PVI ELEV = 5000.26
K = 66.00
(TO GET 30' VERTICALLY CLEAR OF RR TRACKS VERTICAL CURVE K VALUE DOES NOT MEET STANDARDS.
STOPPING SIGHT DISTANCE IS APPROX. 46 MPH VS 50 MPH)
BV
C
S
:
2
1
+
6
0
.
0
0
BV
C
E
:
4
9
8
3
.
7
6
EV
C
S
:
2
8
+
2
0
.
0
0
EV
C
E
:
4
9
8
3
.
7
6
4950
497
5
497
1
10+00 11+00 12+00 13+00 14+00 15+00
16+00
17+00
18+00
19+00
20+00
21+00
22+00
23+00
24+00 25+00 26+00 27+00
28+00
29+00
30+00
31+00
32+00
33+00
34+00
35+00 36+00 37+00 38+00 39+00
RECONNECT TO EXIST TIMBERLINE FOR SWITCHYARD ACCESS
LIMIT MOVEMENT TO NORTHBOUND LEFT IN, SOUTHBOUND RIGHT OUT ONLY
REBUILD ANNABEL DRIVE TO CATCH AT 10%
10' WIDE SIDEPATH TO AND FROM
NORTHBOUND TIMBERLINE
10' WIDE SIDEPATH TO AND FROM
SOUTHBOUND TIMBERLINE
4:
1
4:1
4:
1
2:
1
4:1
SU
N
I
G
A
I
M
P
R
O
V
E
M
E
N
T
P
R
O
J
E
C
T
RAILROAD CROSSING WILL BE ELIMINATED
ONCE OVERPASS IS CONSTRUCTED
FUTURE 10' SIDEPATH (NORTH SIDE
OF VINE) PER ACTIVE MODES PLAN
07/06/23
XXX-XXXXX
XXX
DATE:
DRAWN BY:
PROJECT NO:EXHIBIT
N. TIMBERLINE RD OVERPASS AT E.VINE DR - SKYES DR TO E SUNIGA RD 1
NOTE
THIS DOCUMENT HAS BEEN
RELEASED BY OLSSON
ASSOCIATES AS A CONCEPTUAL
DESIGN AND IS SUBJECT TO
CHANGE WITHOUT NOTICE. THIS
DOCUMENT IS NOT TO BE USED
FOR CONSTRUCTION.
TYPICAL 4 LANE SECTION HAS BEEN USED FOR THIS EXERCISE.
AMP AND LEMAY BRIDGE HAVE 12' SIDE PATHS, NO BIKE LANES,
NARROW MEDIANS, AND LIMITED LANDSCAPING. FURTHER
DISCUSSION IS NEEDED TO DETERMINE IS SIDE PATHS ARE
DETACHED AND MEANDERING AND IF THIS 115' WIDE ROW IS
MORE THAN NEEDED.
9207 - Transportation Capital Project Prioritization Study
July 2023
45
Location: Sykes Dr to E Suniga Rd
Project Type: New Construction – Grade Separation
Project Description: Grade separate Timberline Rd over
Vine St. Provide bicycle and pedestrian accommodations
from Timberline Rd to Vine Dr.
Goals: Eliminate at grade rail crossing. Improve safety, and
traffic operations on Timberline Rd. Improve multimodal
connectivity.
• Rail coordination
• Evaluate typical section
widths
• Coordinate potential
future trail crossing
• Evaluate bicycle and
pedestrian crossing
from Vine Dr to
Timberline Rd
• Close at grade crossing
• Maintain access to
businesses on
Timberline Rd
• Coordinate with
adjacent projects
Total Cost: $56,927,000
Construction Cost: $39,789,000
Design & CEI Cost: $5,174,000
ROW & Utility Cost: $10,963,250
TOTAL SCORES = 76
CRITERIA TIER 1 CRITERIA TIER 2
Delay 5 Cost 1
Safety 5 Readiness 3
Equity 5 Multimodal 4
Growth 3 Synergy 3
Community 3
PROJECT J | N Timberline Road Overpass at E Vine Drive
VICINITY MAP
FINAL DESIGN
CONSIDERAT IONS
• None
FUTURE DESIGN
CONSIDERATIONS
PROJECT IMAGES
VINE DR
TI
M
B
E
R
L
I
N
E
R
D
MOUNTAIN VISTA DR N
• Maintenance and inspection of structure
• Increased snow maintenance operations for
widened/median divided roadway and trail connections.
MAINTENANCE & OPERATIONS
Version Date: August 22, 2025
Project Management Plan
OPTIONAL TEMPLATE
Project Management Plan
Change Control Table
Instructions: This table will be completed as updates and changes are made throughout the Project
lifestyle.
Date of Change Owner Section Updated Changes Made
Project Management Plan
Table of Contents
SECTION 1. BASIS OF THE PROJECT ............................................................................................................... 4
1.1 Introduction .................................................................................................................................. 4
1.2 Project Summary .......................................................................................................................... 4
1.3 Detailed Project Scope ................................................................................................................ 5
1.4 Deliverables .................................................................................................................................. 9
SECTION 2. ORGANIZATIONAL MANAGEMENT.............................................................................................. 9
2.1 Project Leadership ........................................................................................................................ 9
2.2 Team Organization ...................................................................................................................... 10
2.3 Capacity and Capability .............................................................................................................. 10
SECTION 3. MANAGEMENT CONTROLS ....................................................................................................... 11
3.1 Control Procedures ..................................................................................................................... 11
3.2 Dispute Resolution ..................................................................................................................... 13
3.3 Project Management Plan Implementation .............................................................................. 13
3.4 Project Reporting ........................................................................................................................ 13
SECTION 4. PROCUREMENT ........................................................................................................................ 14
SECTION 5. PROJECT EXECUTION ................................................................................................................ 14
5.1 Schedule ........................................................................................................................................... 14
5.2 Budget and Cost.............................................................................................................................. 15
5.3 Agreements ................................................................................................................................ 16
SECTION 1. BASIS OF THE PROJECT
1.1 Introduction
This Project Management Plan (PMP) describes how the Project will be implemented and monitored to
ensure effective, efficient, and safe delivery of the Project on time and within budget. The PMP also
documents the Project’s summary information, goals, and objectives. FRA may require the Recipient to
update the PMP. The Recipient will submit any such updates to FRA for review and approval, and FRA will
determine if updates to the PMP require an amendment to the Grant Agreement.
The [Recipient Name] was awarded [insert amount] in FYXX Railroad Crossing Elimination grant funding
to [insert project name] (the Project) on [Date Awarded].
1.2 Project Summary
1.2.1 Project Description:
Instructions: Insert Project Description from Grant Agreement
1.2.2 Project Location:
Instructions: Insert Project Location from Grant Agreement and complete table
Infrastructure Owner Rail Corridor Milepost U.S. DOT
Crossing
Inventory
Number
Roadway at the
crossing
26.87 504166Y West Main Street
1.2.3 Project Budget:
Instructions: Insert Project Budget from Grant Agreement.
Task # Task Title
Agreement
Federal
Funds
Agreement
Non-Federal
Funds
[Other
Federal
Funds]
[Other Non-
Federal
Funds]
Total
1
Project
Administration
and
Management
$ $ $ $ $
2
Purpose &
Need
Statement and
Stakeholder
Coordination
Plan
$ $ $ $ $
3 Alternatives
Analysis $ $ $ $ $
Total $ $ $ $
Total Project
Cost:
$
1.2.4 Project Schedule:
Per the Grant Agreement, the Project Performance Period is from [insert PoP Start] to [Insert PoP End
Date]. Detailed schedule information is located in Section 5.
1.3 Detailed Project Scope
The Recipient will notify FRA in writing of any requested changes in Project Scope and will not proceed
with the changed scope unless approved by FRA in writing. If approved, changes to Project Scope may
require additional environmental review or an amendment to the Grant Agreement.
Task 1: Project Administration and Management
Subtask 1.1: Project Administration
The Recipient will perform all tasks required for the Project through a coordinated process, which will
involve affected railroad owners, operators, and funding partners, including:
• [list parties other than the Recipient and identify role]
• FRA
The Recipient will facilitate the coordination of all activities necessary for implementation of the Project.
The Recipient will:
• participate in a Project kickoff meeting with FRA following award;
• complete necessary steps to hire a qualified consultant/contractor to perform required Project
work, as necessary;
• hold regularly scheduled Project meetings with FRA;
• inspect and approve work as it is completed; and
• participate in other coordination, as needed.
The Recipient will demonstrate to FRA that it is carrying out the project benefits in the most cost-
efficient manner.
Subtask 1.2: Project Management Plan
The Recipient will prepare a Project Management Plan (PMP), that describes how the Project will be
implemented and monitored to ensure effective, efficient, and safe delivery of the Project on time and
within budget. The PMP will describe, in detail, the activities and steps necessary to complete the tasks
outlined in this Statement of Work.
The PMP will include a Project Schedule and Project Budget for the work to be performed under the
Grant Agreement. The Project Schedule will be consistent with the Estimated Project Schedule in Section
5.2 of this Attachment 2, but provide a greater level of detail. Similarly, the Project Budget should be
consistent with the Approved Project Budget in Section 6.5 of Attachment 2, but provide a greater level
of detail.
The PMP should emphasize early-stage planning level scope and project development activities, cost,
schedule, scope, risk assessment and management, project team and management controls, and
establish placeholder sections and the initial framework for future updates to the project management
plan.
The Recipient will submit the PMP to FRA for review and approval. The Recipient will implement the
Project as described in the approved PMP. The Recipient will not begin work on subsequent tasks until
FRA has provided written approval of the PMP, unless FRA has provided pre-award authority for such
work under Section 6.6 of this Attachment 2. FRA will not reimburse the Recipient for costs incurred in
contravention of this requirement.
FRA may require the Recipient to update the PMP. The Recipient will submit any such updates to FRA for
review and approval, and FRA will determine if updates to the PMP require an amendment to the
Agreement. The Project Budget and Project Schedule may be revised consistent with Article 5 of
Attachment 1 of the Agreement without amending the Agreement.
The Recipient will identify agreements governing the Project in the PMP. If requested by FRA, the
Recipient will provide FRA the final, executed copies of any agreements within ten business days of the
request.
The PMP will be consistent with the FRA Guidance on Development and Implementation of Railroad
Capital Projects (Railroad Capital Projects Guidance) and 49 U.S.C. § 22903, as applicable.
Subtask 1.3: Project Closeout
The Recipient will submit a Final Performance Report as required by Section 7.2 of Attachment 1 of the
Grant Agreement, which should describe the cumulative activities of the Project, including a complete
description of the Recipient’s achievements with respect to the Project objectives and milestones.
Task 2: Purpose & Need Statement and Stakeholder Coordination Plan
Subtask 2.1: Preliminary Purpose and Need Statement
The Recipient will develop, and submit to FRA for approval, a preliminary Purpose and Need statement
to serve as the foundation for the Alternatives Analysis. The preliminary Purpose and Need is for project
planning and will be subject to agency and public review and comment as part of a potential future NEPA
process.
Subtask 2.2: Stakeholder Coordination Plan
A Stakeholder Coordination Plan will need to identify key contacts within agencies, civic and business
groups, public officials, relevant interest groups, present and potential riders/users, private service
providers/shippers, other key stakeholder groups, and the public. The Stakeholder Coordination Plan will
also identify potential state, local, and Federal agencies that should be consulted with. The plan will
identify involvement activities linked to key milestones in the planning/conceptual engineering and
alternatives analysis process and align with the Detailed Project Schedule from Task 1. The Recipient will
prepare, and submit to FRA for approval, a Stakeholder Coordination Plan.
Task 3: Alternatives Analysis
The Recipient will submit to FRA, for approval, an Alternatives Analysis report, which will determine the
preliminary range of reasonable alternatives to carry forward into future project development phases.
The Recipient must consider at least two alternatives which can include the no-build alternative along
with one proposed alternative for each rail crossing. The Alternatives Analysis report will build upon
completed and approved deliverables identified in Tasks 1 through 3. Prior to initiating work under task
3 the Recipient will submit to FRA, for approval, a memo documenting the methodologies to be
employed in carrying out Alternative Analysis.
Subtask 3.1: Existing Conditions
The Recipient will assess the condition of current rail operations and infrastructure and other conditions
within the project area. This should include information on the roadway crossing characteristics, train
operations and safety, maintenance activities, engineering/capacity constraints of the existing facilities
or infrastructure. Identify any planned or programmed infrastructure improvements contained in state
and local planning documents and check to see if rail operators have planned infrastructure
enhancements.
• Roadway Crossing Features: The number of highway lanes, highway speed limit, traffic flows,
character of highway traffic through the railroad crossing, types of traffic control devices
(including protective devices), land use, sight distance, topography, and distance to the next
closest crossing. Include information on sidewalks, bicycle lanes and public transit (if this
applies).
• Train Operations: The number of train tracks, train speed and train traffic through the railroad
crossing.
• Safety: The safety of the highway-rail grade crossings (including crash history, near misses,
injuries, fatalities, or incidences of rail-related trespassing for each railroad crossing, if such
exists), and deficiencies that hinder achieving a higher level of safety.
Subtask 3.2: Transportation Technical Analysis
The Recipient will conduct a transportation technical analysis of the railroad crossing. The Federal
Highway Administration Scoping and Conducting Data-Driven 21st Century Transportation System
Analyses (2017)1 document can be used as a reference to help scope the technical analysis. The
transportation technical analysis should be completed for each alternative. General considerations for
the technical analysis should include the following items listed below.
1 Scoping and Conducting Data-Driven 21st Century Transportation System Analyses is available at
https://ops.fhwa.dot.gov/publications/fhwahop16072/fhwahop16072.pdf
• Traffic counts per day that use the roadway now versus the traffic counts expected in the future,
including any seasonal variation in traffic counts. Future traffic counts should anticipate regional
growth and traffic generated by background developments, as well as any planned changes in
roadway geometry. Include pedestrian and bicycle counts if this applies
• Determine the travel delay including the peak demand for each railroad crossing
• Frequency and duration of roadway blockage by trains including sidewalks and bicycle lanes (if
this applies) and consider peak demand for train operations
• Discuss the direction the travel delays are occurring in (northbound, southbound, westbound,
and eastbound)
• The character of the adjacent road network and whether the railroad crossing creates access
issues for the community, and does this consider future development projections close to the
railroad crossing? For relevant circumstances, access issues for schools and/or emergency
facilities
If the Recipient is performing a microsimulation, section 6 (pages 42-55) in the Case Studies to Develop a
Highway-Rail Grade Crossing Analysis Framework Using Microsimulation (2023)2 document should be
used for guidance. Additionally, the Recipient should provide the supporting data for the technical
analysis and if any traffic analysis tool(s) were used to perform the work. The Recipient will work with
the FRA to determine any further technical analysis and traffic simulation required to perform a
thorough assessment of vehicle movements impacted by potential grade crossing changes. More railway
highway crossing resources can be found at FHWA’s site (2025)3.
Subtask 3.3: Conceptual Engineering
The Recipient will develop conceptual engineering to a level sufficient to identify necessary
infrastructure improvements and determine the cost estimates for each alternative. Conceptual
engineering will include developing design criteria, track work concepts, structural concepts and
roadway crossing concepts for grade separation or closure, track relocation, installation of protective
devices (signals, signs, other and measures that improve safety), mobility enhancements, and technology
solutions, etc. The Recipient will coordinate with key stakeholders including FRA on this task. The
conceptual engineering designs will form the basis of the Project design and construction. The scope
elements should fulfil the high-level conceptual engineering requirements found in the Railroad Capital
Project Guidance (2025).
Subtask 3.4: Capital Cost Estimate
The objective of this task is to identify the capital cost to design, construct, and implement the proposed
project. The Recipient will provide capital cost estimates for each alternative, including quantity and unit
cost of each element relating to core track structures, roadway crossing enhancements, land acquisition,
contingencies, and any new facilities or upgrades required for train operations.
2 Case Studies to Develop a Highway-Rail Grade Crossing Analysis Framework Using Microsimulation is available at
https://railroads.dot.gov/elibrary/case-studies-develop-highway-rail-grade-crossing-analysis-framework-using-
microsimulation
3 Railway Highway Crossing Program resources are available at
https://highways.dot.gov/safety/hsip/xings/railway-highway-crossing-program-resources
Subtask 3.5: Preliminary Environmental Impact Analysis
The objective of this task to is to identify key environmental considerations in the development of the
alternatives to support future lifecycle stages of the project’s development. The Recipient will perform a
high-level qualitative socioeconomic, cultural, human environment, and natural environmental resource
inventory and preliminary effects analysis as part of the development and screening of options
concurrently with tasks 3.3 and 3.4. The Recipient can use the Railroad Capital Project Guidance (2025)
document as a high-level reference for developing the preliminary environmental analysis.
1.4 Deliverables
The Project deliverables are listed below. The Recipient will complete these deliverables to FRA’s
satisfaction to be authorized for funding reimbursement and for the Project to be considered complete.
Deliverable # Deliverable
1.1 Project Management Plan
1.2 Final Performance Report
2.1 Preliminary Purpose and Need
2.2 Stakeholder Coordination Plan
3.1 Existing Conditions Report
3.2 Alternatives Analysis including Preliminary Environmental Impact Analysis
3.3 Conceptual Engineering with Supporting Capital Cost Estimates
Instructions: The recipient should capture how the project objectives are being met throughout the life of
the project to ensure successful project delivery, by providing and including project specific metrics
including targets and tracking requirements related to performance metrics. The metrics should be clear.
Examples of performance metrics may include/address scope, schedule, funding, cost etc..
SECTION 2. ORGANIZATIONAL MANAGEMENT
Instructions: This section of the PMP will document oversight roles and responsibilities of the Recipient,
and any stakeholders, contractors or sub-Recipients. The Recipient will describe the organizational
structure and resources for implementing the project. Define the roles, reporting relationships,
statements of functional responsibilities, descriptions qualifications of key jobs, and responsibilities of the
Recipient and other project team members.
2.1 Project Leadership
Instructions: The Recipient will describe names of staff, consultants, or partners that will support the
delivery of the project. Describe their roles and responsibilities relative to the project and provide their
contact information. These responsibilities may include, but are not limited to, project oversight (scope,
schedule, budget); planning subject matter expertise; planning materials review; and any other tasks
(e.g. financial management, stakeholder engagement, monitoring and reporting, compliance, risk
management, etc.). The Recipient will also provide any stakeholders, or Recipient procured consultant
support resources hired directly to assist in project activities. The plan will explain how the project team
members are expected to collaborate with each other throughout the course of the project
implementation process.
2.1.1 Roles and Responsibilities:
Instructions: The Recipient will include the name, agency and division, job title, phone number, email
address, and key responsibilities. Example of roles and responsibilities may include senior leadership,
project managers, technical support or subject matter experts from the Recipient, consultants,
contractors and partnering agencies. At minimum, the Recipient must include an employee of the lead
agency (Recipient agency).
Name Agency /
Division
Job Title Phone
Number
Email Address Key Responsibilities
2.1.2 Stakeholders:
Instructions: The Recipient will include any stakeholders, apart from FRA, and their expected role in this
project.
Federal Railroad Administration (FRA): As the awarding and regulatory body, the FRA provides funding,
guidance, and oversight for the project. The FRA will also ensure the project meets federal standards and
objectives for rail infrastructure improvement.
2.2 Team Organization
Instructions: The Recipient will include a graphic chart representing the staff organization with well
defined roles. Additionally, Recipient should describe the team structure and reporting relationships for
effective project oversight.
2.3 Capacity and Capability
Instructions: The Recipient will provide any capacity plan to ensure the Recipient has enough resources to
meet project goals. Additionally, the Recipient may provide any mitigation efforts or plans to improve
optimization of staff. This can include but is not limited to hiring and training of staff, staffing levels
required throughout the Project, resource allocation planning, software tools, and optimization efforts.
SECTION 3. MANAGEMENT CONTROLS
3.1 Control Procedures
Instructions: This section defines how the Recipient will use structured systems and processes to guide
and monitor implementation in accordance with the grant agreement and address the types of project
management controls for the Project. Project management controls are the data gathering,
management, and analytical processes used to track and evaluate performance and identify response
strategies to meet stated objectives of the project. This data is used to communicate information that
helps to ensure effective management and timely decision making. The project management controls will
be developed to help ensure that all Federal, State, and local laws, regulations, rules and mandates
applicable to Recipient and the Project are met. This section will also document how and when project
performance is reported. At minimum, the PMP will address how the Recipient will manage expected or
actual changes to the scope, schedule, and budget. Project controls are essential for ensuring the project
remains aligned its objectives, especially in terms of scope, schedule, budget, risk, and quality. The
following are recommended subsections to address within management controls:
The following are recommended subsections to address within management controls:
3.1.1 Scope:
Instructions: This subsection should document the criteria for defining, tracking, and controlling overall
project scope. The discussion should include the processes for approving scope changes and for verifying
that the planned scope of work meets the project requirements, including project permits and approvals.
Scope refers to the defined boundaries of the project – what work will be performed, what deliverables
will be produced, and any limits or constraints. It includes objectives, key milestones, and required
approval or permits. Clearly defining and controlling scope ensures that the project aligned that the
project stays with its intended outcomes.
3.1.2 Schedule:
Instructions: This subsection should discuss how the Recipient will document, monitor, and control project
schedule. The schedule should be a complete representation of the project's implementation and should
include a realistic completion date. This subsection should document processes and tools used for
tracking schedule, identifying scheduled deviations, and addressing schedule issues.
The schedule is the project’s time-based plan that outlines when major project activities and milestones
will occur. It includes the project start and end dates, task durations, dependencies, and key deadlines.
The schedule should also account for coordination with project partners and external dependencies.
Effective schedule management allows the Recipient to monitor progress, respond to delays, and ensure
timely delivery.
3.1.3 Budget/Cost:
Instructions: This subsection should discuss how the Recipient will document, monitor, and control project
cost. It should document processes and tools used for tracking project expenditures, identifying cost
overruns and savings, addressing cost issues, and justifying significant budget deviations and outlining
corrective measures. The Recipient should also explain how they will ensure that costs remain within the
approved limits throughout the duration of the project. Additionally, the Recipient should explain how
documentation will be maintained to support all reported costs.
The project budget identifies all planned costs required to complete the project, including labor,
material, equipment, services, and contingencies. Budget control involves tracking expenditures,
comparing them to planned amounts, and taking corrective action when needed. The Recipient must
have clear processes in place to manage spending, remain within approved funding limits, and respond
to potential cost increases. If actual or projected costs exceed the budget, the Recipient should describe
how adjustments will be made or additional funding will be pursed.
3.1.4 Risk:
Instructions: This subsection should discuss how the Recipient will document, monitor, and control project
risks. It should document processes and tools used for identifying, analyzing, and tracking project risks
and response strategies. The Recipient should outline strategies for risk mitigation, contingency planning,
and ongoing monitoring.
Project risks are potentials events or conditions that could negatively affect cost, schedule, scope or
performance. Risk management involves identifying, assessing, and prioritizing risks, then planning
mitigation or response strategies. A structured risk management process helps the Recipient avoid
surprises and respond effectively when issues arise.
3.1.5 Quality:
Instructions: This subsection should discuss how the Project Sponsor will document, monitor, and control
project quality throughout the life of the project. It should document processes and tools used for
tracking and analyzing project quality and identifying and addressing issues. The Recipient should explain
how quality issues will be identified and addressed, and how improvements or corrective actions will be
documented. Also, describe the roles and responsibilities for maintaining quality standards, and how
quality will be monitored throughout the project.
Quality refers to how well project deliverables meet specified standards and expectations. Quality
management ensure outputs are reliable, compliant, and meet intended use. It includes review
procedures, performance benchmarks, and corrective action processes. The Recipient should have
measures in place to ensure quality is maintained from planning through closeout.
3.1.6 Contract Administration:
Instructions: This subsection will discuss how the Recipient will document, monitor, and control contract
administration activities for the project. It will document processes and tools used for tracking and
addressing contract requirements. Project controls for change order management and claims
management are two contract administration topics that will be clearly addressed in this section.
Contract administration involves managing agreements with vendors, consultants, or contractors to
ensure that compliance with terms, performance standards, and deliverables. This includes tracking
timelines, deliverables, invoices, and any change orders or claims. The Recipient is responsible for
implementing systems that ensure contract requirements are met efficiently and transparently.
Change Order Management: A change order is a modification, deletion, or addition of work to a project,
which differs from the original project scope or prior changes. For example, the change action may result
in a change in costs, a change in schedule, a change in scope of work, or a revision of other contractual
terms and conditions. The PMP will define the procedures for addressing change orders during the
project execution. The roles and responsibilities between Recipient and the contractor will be
documented in the project management plan. A graphical flow chart will be included for clarity. In
addition, the PMP will outline how change orders will be documented and maintained for record keeping.
Claims Management: The PMP will define the claims management process to be followed in cases of
contractor claims. The roles and responsibilities of those reviewing and approving the claims will be
discussed. The PMP will outline how claims will be documented and maintained for record keeping. This
section will also describe strategies to minimize the potential for a dispute to escalate to a claim
3.2 Dispute Resolution
Instructions: This subsection should detail how the Recipient will manage disputes between the Recipient
and contractors, stakeholders, or partner agencies. In particular, the PMP should describe how the
Recipient will manage its contractors to ensure grant agreement requirements are being met, and
mitigation strategies in the event of poor contractor performance.
Dispute resolution refers to how the Recipient will handle disagreements that may arise with
contractors, stakeholders, or partner agencies during the project. For example, this includes mechanisms
for escalating, documentation, resolution, and maintaining progress. A clear process that helps reduce
disruption and ensures grant agreement requirements are met.
3.3 Project Management Plan Implementation
Instructions: The Recipient will ensure effective implementation and use of the PMP throughout the
project by applying procedures, keeping the plan current, communicating roles, and managing changes.
The PMP will be maintained to reflect the project’s scope, schedule, and budget. Potential changes will be
communicated to the FRA Project Manager, who will advise if a grant amendment is needed. Any
amendment affecting budget, funding, scope, or schedule requires updating and resubmitting the PMP
with revised budget and funding details.
The Recipient will clearly communicate team roles and responsibilities and enforce project procedures for
tracking, risk management, and reporting. Ongoing adherence to the PMP will be monitored and
maintained throughout the project lifecycle, with expectations set for obtaining FRA concurrence on any
significant changes.
3.4 Project Reporting
Instructions: The section will discuss the reporting requirements the Recipient is responsible for under the
grant agreement. This includes submitting quarterly project progress reports and federal financial reports
(SF-425) throughout the project, as well as final project progress report and final financial information at
project completion. This section outlines how the Recipient will gather and compile necessary
information, assign responsibilities for report preparation and review, and ensure timely submission per
the grant agreement. Regular reporting ensures transparency, compliance, and accountability to FRA
throughout the project.
The Recipient will host project coordination meetings with FRA and relevant stakeholders at least
quarterly to facilitate communication and oversight. Additionally, any extra reporting conducted by the
Recipient will be described, explaining how it supports or complements the required grant reports.
SECTION 4. PROCUREMENT
Instructions: This section of the PMP will describe how the Recipient will procure services related to
professional services, environmental, design, and construction. This section will also outline how the
procurement decisions are made including the selection of consultants, contractors, etc. in compliance
with all Federal requirements (2 CFR 200.317-327, 2 CFR 1201.317, 2 CFR Part 184 (Buy America) and the
General Terms and Conditions (Attachment 1 & Exhibits).
Select the Applicable Services/Procurement Status or None ☐
Procurement Services Project Administration Planning
Contracting Option
☐ New Procurement
☐ Existing Procurement
☐ Force Account
☐ Other:
☐ N/A
☐ New Procurement
☐ Existing Procurement
☐ Force Account
☐ Other:
☐ N/A
Attachment 2 Task(s)
Procurement Procedural
Explanation and Documentation*
*Insert Narrative* *Insert Narrative*
*Insert a link(s) if available online. If not, please explain how the procurement decisions are made and
managed including the selection of consultants, contractors, etc.
SECTION 5. PROJECT EXECUTION
This section of the PMP describes how the project will document key elements of Project Execution:
Schedule, Budget, and Agreements. This section focuses on how the project team will implement the
schedule, manage the budget, and uphold agreements, to achieve project goals efficiently.
5.1 Schedule
The Recipient will provide an estimated project schedule in the table below. The Recipient will also
Include a narrative explaining how the schedule will be adhered to and summarize schedule risks and
mitigation strategies.
Deliverable
# Deliverable Estimated Completion Date
1.1 Project Management Plan
1.2 Final Performance Report
Deliverable
# Deliverable Estimated Completion Date
2.1 Preliminary Purpose and Need
2.2 Stakeholder Coordination Plan
3.1 Existing Conditions Report
3.2 Alternatives Analysis with Supporting
Conceptual Engineering
3.3 Capital Cost Estimate
5.1.1 Implementation of Schedule:
Instructions: The Recipient will describe how the project team will activate and maintain the schedule
including key milestone tracking, use of project management software/tools, and mechanisms for
integrating updates from contractors and stakeholders.
5.1.2 Progress Tracking:
Instructions: The Recipient will explain how deliverables will be monitored on a weekly/monthly basis.
5.1.3 Schedule Adjustments:
Instructions: The Recipient will define the protocols for addressing schedule deviations (delays or
advances), including triggers for escalation, communicating schedule impacts to FRA and stakeholders,
and updating the PMP schedule table..
5.1.4 Schedule Risks:
Instructions: The Recipient will detail any known issues that may delay schedule.
5.2 Budget and Cost
The Recipient will prepare a project budget including all costs for planning phase funded under the Grant
Agreement. The budget may be updated, and should account for risks to both cost and schedule. If a
budget change is needed due to a changed condition, the updated cost estimate should document the
change order associated with the work.
A contingency plan that provides strategies to address cost overruns or funding gaps may be required if
the project appears to be overrunning budgets.
5.2.1 Budget Execution:
Instructions: The Recipient will summarize the approach to actualizing the budget, focusing on phased
disbursement of federal and non-federal funds aligned with project milestones.
5.2.2 Expenditure Tracking:
Instructions: The Recipient will outline methods (e.g., accounting software, internal controls) used to
track actual costs versus budgeted amounts, including contingency usage.
Version Date: December 11, 2023
Attachment 2
PROJECT-SPECIFIC
TERMS AND CONDITIONS
2
Project-Specific Terms and Conditions
Table of Contents
ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS .............................................................................................. 4
1.1 Recipient ....................................................................................................................................... 4
1.2 Project and Purpose ...................................................................................................................... 4
1.3 Program Designations ................................................................................................................... 4
ARTICLE 2: SPECIAL TERMS AND CONDITIONS ............................................................................................. 4
ARTICLE 3: ADMINISTRATIVE INFORMATION ............................................................................................... 4
3.1 Application .................................................................................................................................... 4
3.2 FRA Awarding Official.................................................................................................................... 5
3.3 Federal Award Date ...................................................................................................................... 5
3.4 Program Name and Assistance Listings Number .......................................................................... 5
3.5 Recipient’s Unique Entity Identifier .............................................................................................. 5
3.6 Federal Award Identification Number .......................................................................................... 5
ARTICLE 4: STATEMENT OF WORK ................................................................................................................ 5
4.1 General Project Description .......................................................................................................... 5
4.2 Project Location ............................................................................................................................ 6
4.3 Project Scope ................................................................................................................................ 7
4.4 Implement Required Environmental Commitments................................................................... 13
ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE ............................................................. 13
5.1 Award Dates ................................................................................................................................ 13
5.2 Estimated Project Schedule ........................................................................................................ 13
ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION ................................................................... 14
6.1 Award Amount ............................................................................................................................ 14
6.2 Federal Obligation Information .................................................................................................. 14
6.3 Federal Authorization and Funding Source. ............................................................................... 14
6.4 Funding Availability ..................................................................................................................... 14
6.5 Approved Project Budget ............................................................................................................ 14
6.6 Pre-Award Costs .......................................................................................................................... 16
6.7 Phased Funding Agreement ........................................................................................................ 16
ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION ..................................................................... 16
3
ARTICLE 8: ENVIRONMENTAL COMPLIANCE ............................................................................................... 17
ARTICLE 9: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS .................................................. 19
9.1 Consideration of Climate Change and Environmental Justice Impacts ...................................... 19
9.2 Supporting Narrative ................................................................................................................... 20
ARTICLE 10: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY ................................................................. 21
10.1 Efforts to Improve Racial Equity and Reduce Barriers to Opportunity ....................................... 21
10.2 Supporting Narrative ................................................................................................................... 21
ARTICLE 11: LABOR AND WORK .................................................................................................................. 21
11.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards ............................................ 22
11.2 Supporting Narrative ................................................................................................................... 24
4
ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS
1.1 Recipient
This Agreement (Agreement) is between the Federal Railroad Administration (FRA) and the City of Fort
Collins (Recipient).
1.2 Project and Purpose
The purpose of this award is to fund a Railroad Crossing Elimination (RCE) Program grant for the Over
Vine Enhancing Rail Priorities and System Safety (OVERPASS) BNSF grade-separated project (Project), as
described in Article 4 of this Attachment 2, to help achieve the goals identified in the Notice of Funding
Opportunity for FY 2023-FY 2024 Railroad Crossing Elimination (RCE) NOFO, 89 FR 56788, that solicited
applications for Federal financial assistance. FRA and the Recipient will accomplish that purpose by
timely completing the Project and ensuring that this award does not substitute for non-Federal
investment in the Project, except as proposed in the Application.
1.3 Program Designations
(a) Research and Development. This award is not for research and development.
(b) Project Size. This award is for a non-Major Project as that term is defined in FRA Guidance
on Development and Implementation of Railroad Capital Projects, January 11, 2023 (Railroad
Capital Projects Guidance).
(c) Phased Funding. This award is not a phased funding agreement as further discussed in
Section 6.7 of this Attachment 2.
(d) Grant or Cooperative Agreement. This award is made as a Grant Agreement.
(e) Security Risk. This award is for a Project that has a low security risk.
(f) Rural Area. The information the Recipient provided to FRA, including in the Application,
demonstrates this award is not for a Project in a Rural Area.
ARTICLE 2: SPECIAL TERMS AND CONDITIONS
There are no special terms for this award.
ARTICLE 3: ADMINISTRATIVE INFORMATION
3.1 Application
Application Title: Fort Collins Vine/Timberline Rail Grade Separation
Application Date: September 23, 2024.
5
3.2 FRA Awarding Official
FRA Office of Railroad Development
Federal Railroad Administration
1200 New Jersey Ave, SE
Washington, DC 20590
FRA-Grants@dot.gov
3.3 Federal Award Date
The “Federal Award Date” is the effective date of this Agreement, as defined under Section 24.4 of
Attachment 1 of this Agreement.
3.4 Program Name and Assistance Listings Number
For the Railroad Crossing Elimination Program (RCE), the Assistance Listings Number is 20.327 and the
Assistance Listings Title is Railroad Crossing Elimination.
3.5 Recipient’s Unique Entity Identifier
The Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. § 25.415, is VEJ3BS5GK5G1 and listed in
Section 1B on the Agreement cover sheet.
3.6 Federal Award Identification Number
The Federal Award Identification Number is listed in Section 2 on the Agreement cover sheet as the
“Agreement Number.”
ARTICLE 4: STATEMENT OF WORK
4.1 General Project Description
Over Vine Enhancing Rail Priorities and System Safety (OVERPASS), a BNSF grade-separated project, is
located on the newly designated Front Range Passenger Rail Corridor. This route was established in
2022 through the Federal Rail Administration (FRA) Corridor Identification Program. It is also an
important project to connect the federally recognized disadvantaged communities in northeast Fort
Collins to the businesses, schools, emergency services, and opportunities south of the BNSF tracks.
Timberline Road is identified as Regionally Significant Corridor #16 in the North Front Range MPO
Regional Transportation Plan 2050 NFRMPO 2050 Regional Transportation Plan. Due to its proximity to
the Great Western Railway switching yard along the BNSF tracks, the roadway can be blocked for long
periods. This has resulted in unreliable travel times and safety concerns. The area is experiencing
substantial growth; over 10,000 new homes are expected in the next 3-5 years. By bridging Timberline
Road over the BNSF tracks and the parallel Vine Drive, Fort Collins will reduce congestion, improve
safety, improve system efficiency, add multimodal options, and provide much-needed access for
disadvantaged neighborhoods.
Fort Collins proposes to eliminate the crossing by creating an overpass along Timberline Road across the
tracks and Vine Drive to alleviate the challenges at this rail crossing. Timberline Road will tie into its
6
existing footprint to the north and south while maintaining all existing access to residents and local
businesses. Eastbound/westbound traffic will be encouraged to use a new arterial built just a half mile
north of Vine Drive (Suniga Drive). The proposed solution will increase mobility and safety for more than
12 new planned residential units developing north of the project.
Furthermore, it will reduce roadway congestion and related emissions from the residents' backyards
adjacent to the crossing. Grade separating this crossing will make the crossing much safer, as vehicles
will not need to stop if they are traveling either north/south or east/west. A significant drop in traffic
accidents is anticipated from the grade separation. This grade-separated crossing will also improve the
efficiency of vehicular traffic, eliminating the stop-and-go driving and idling time waiting on the train.
This will help to reduce greenhouse gas (GHG) emissions within Fort Collins. By creating safe and
comfortable bike and pedestrian facilities that connect to the City’s expansive bike network, residents
will be encouraged to use active modes of travel.
4.2 Project Location
The crossing (DOT 244647X) is located on the south leg of the intersection at Timberline Rd and Vine St.
The intersection was recently improved with a traffic signal to mitigate its awkwardness. It sees a higher
number of accidents than would be expected at an intersection this size. During peak traffic periods, this
intersection can be backed up for a long distance in all directions, resulting in congestion at other nearby
intersections along Timberline Road and Vine Drive. When trains pass through, the intersection becomes
problematic.
With the completion of future planned development in the area, approximately 36,960 additional
weekday daily trips will be generated. The estimated increase in future traffic volumes in the vicinity of
the Timberline Road and Vine Drive and BNSF intersection is indicative of the need for a grade-
separated crossing, as congestion will increase without improvements.
The GPS latitude and longitude coordinates for the Project start and end points are:
• Latitude: 40.5959860
• Longitude: -105.029393
The project is contained within Colorado
Congressional District No. 2, Joe Neguse.
7
4.3 Project Scope
The Recipient will notify FRA in writing of any requested changes in Project Scope and will not proceed
with the changed scope unless approved by FRA in writing. If approved, changes to Project Scope may
require additional environmental review or an amendment to this Agreement.
Task 1: Project Administration and Management
Subtask 1.1: Project Administration
The Recipient will perform all tasks required for the Project through a coordinated process, which will
involve affected railroad owners, operators, and funding partners, including:
• Larimer County
• Great Western
• Burlington Northern Santa Fe (BNSF) Railway
• FRA
The Recipient will facilitate the coordination of all activities necessary for implementation of the Project.
The Recipient will:
• participate in a Project kickoff meeting with FRA following award;
• complete necessary steps to hire a qualified consultant/contractor to perform required Project
work, as necessary;
• hold regularly scheduled Project meetings with FRA;
• inspect and approve work as it is completed; and
• participate in other coordination, as needed.
Subtask 1.2: Project Management Plan
The Recipient will prepare a Project Management Plan (PMP), that describes how the Project will be
implemented and monitored to ensure effective, efficient, and safe delivery of the Project on time and
within budget. The PMP will describe, in detail, the activities and steps necessary to complete the tasks
outlined in this Statement of Work.
The PMP will include a Project Schedule and Project Budget for the work to be performed under this
Agreement. The Project Schedule will be consistent with the Estimated Project Schedule in Section 5.2 of
this Attachment 2 but provide a greater level of detail. Similarly, the Project Budget should be consistent
with the Approved Project Budget in Section 6.5 of this Attachment 2 but provide a greater level of
detail.
The Recipient will submit the PMP to FRA for review and approval. The Recipient will implement the
Project as described in the approved PMP. The Recipient will not begin work on subsequent tasks until
FRA has provided written approval of the PMP, unless FRA has provided pre-award authority for such
work under Section 6.6 of this Attachment 2. FRA will not reimburse the Recipient for costs incurred in
contravention of this requirement.
8
FRA may require the Recipient to update the PMP. The Recipient will submit any such updates to FRA for
review and approval, and FRA will determine if updates to the PMP require an amendment to this
Agreement. The Project Budget and Project Schedule may be revised consistent with Article 5 of this
Attachment 2without amending this Agreement.
The Recipient will identify agreements governing the construction, operation, and maintenance of the
Project in the PMP. If requested by FRA, the Recipient will provide FRA the final, executed copies of any
agreements within ten business days of the request.
The PMP will be consistent with the FRA Guidance on Development and Implementation of Railroad
Capital Projects (Railroad Capital Projects Guidance) and 49 U.S.C. § 22903, as applicable.
Subtask 1.3: Project Closeout
The Recipient will submit a Final Performance Report as required by Section 7.2 of this Attachment 2 of
this Agreement, which should describe the cumulative activities of the Project, including a complete
description of the Recipient’s achievements with respect to the Project objectives and milestones.
Task 1 Deliverables
• Project Management Plan (PMP)
• Final Performance Report
Task 2: Existing Data Collection
The Recipient will assess the condition of current rail operations and infrastructure and other conditions
within the project area. This should include information on the roadway crossing characteristics, train
operations and safety, maintenance activities, engineering/capacity constraints of the existing facilities
or infrastructure. Identify any planned or programmed infrastructure improvements contained in state
and local planning documents and check to see if rail operators have planned infrastructure
enhancements.
• Roadway Crossing Features: The number of highway lanes, highway speed limit, traffic flows,
character of highway traffic through the railroad crossing, types of traffic control devices
(including protective devices), land use, sight distance, topography, and distance to the next
closest crossing. Include information on sidewalks, bicycle lanes and public transit (if this
applies).
• Train Operations: The number of train tracks, train speed and train traffic through the railroad
crossing.
• Safety: The safety of the highway-rail grade crossings (including crash history, near misses,
injuries, fatalities, or incidences of rail-related trespassing for each railroad crossing, if such
exists), and deficiencies that hinder achieving a higher level of safety.
9
Subtask 2.1: Transportation Technical Analysis
The Recipient will conduct a transportation technical analysis of the railroad crossing. The Federal
Highway Administration Scoping and Conducting Data-Driven 21st Century Transportation System
Analyses (2017)0F
1 document can be used as a reference to help scope the technical analysis. The
transportation technical analysis should be completed for each alternative. General considerations for
the technical analysis should include the following items listed below.
• Traffic counts per day that use the roadway now versus the traffic counts expected in the future,
including any seasonal variation in traffic counts. Include pedestrian and bicycle counts if this
applies
• Determine the travel delay including the peak demand for each railroad crossing
• Frequency and duration of roadway blockage by trains including sidewalks and bicycle lanes (if
this applies) and consider peak demand for train operations
• Discuss the direction the travel delays are occurring in (northbound, southbound, westbound,
and eastbound)
• The character of the adjacent road network and whether the railroad crossing creates access
issues for the community, and does this consider future development projections close to the
railroad crossing? For relevant circumstances, access issues for schools and/or emergency
facilities
If the Recipient is performing a microsimulation, section 6 (pages 42-55) in the Case Studies to Develop a
Highway-Rail Grade Crossing Analysis Framework Using Microsimulation (2023)1F
2 document should be
used for guidance. Additionally, the Recipient should provide the supporting data for the technical
analysis and if any traffic analysis tool(s) were used to perform the work. The Recipient will work with
the FRA to determine any further technical analysis and traffic simulation required to perform a
thorough assessment of vehicle movements impacted by potential grade crossing changes.
Task 2 Deliverables
• Existing Conditions Report
Task 3: Alternatives Analysis
The Recipient will submit to FRA, for approval, an Alternatives Analysis report, which will determine the
preliminary range of reasonable alternatives to carry forward into future project development phases.
The Recipient must consider at least two alternatives which can include the no-build alternative along
with at least one proposed alternative for the rail crossing. The Alternatives Analysis report will build
upon completed and approved deliverables identified in Tasks 1, 2 and 5. Prior to initiating work under
1 Scoping and Conducting Data-Driven 21st Century Transportation System Analyses is available at
https://ops.fhwa.dot.gov/publications/fhwahop16072/fhwahop16072.pdf
2 Case Studies to Develop a Highway-Rail Grade Crossing Analysis Framework Using Microsimulation is
available at https://railroads.dot.gov/elibrary/case-studies-develop-highway-rail-grade-crossing-analysis-
framework-using-microsimulation
10
Task 3 the Recipient will submit to FRA, for approval, a memo documenting the methodologies to be
employed in carrying out Alternative Analysis.
Subtask 3.1: Develop Methodologies Memo
Describe the process the project team will use to develop, analyze, and select an alternative overpass
configuration. The alternative development and screening process will evaluate designs for traffic
efficiency/safety, right-of-way, environmental impacts, constructability, and long-term maintenance.
Subtask 3.2: Recommendations
Following the results of the screening alternatives, select the most favorable design to move forward
with into conceptual design drawings.
Task 3 Deliverables
• Methodologies Memo
• Alternative Analysis
• Recommendation
Task 4: Preliminary Environmental Impact Analysis
The objective of this task is to identify key environmental considerations in the development of the
alternatives to support future lifecycle stages of the Project’s development. The Recipient will perform a
high-level qualitative socioeconomic, cultural, human environment, and natural environmental resource
inventory and preliminary effects analysis as part of the development and screening of options
concurrently with tasks 3.3 and 3.4. The Recipient can use the Railroad Capital Project Guidance (2023)2F
3
document section IV.b.ii.E as a high-level reference for developing the preliminary environmental
analysis.
Subtask 4.1: Preliminary Purpose and Need Statement
The Recipient will develop, and submit to FRA for approval, a preliminary Purpose and Need statement
to serve as the foundation for the Alternatives Analysis. The preliminary Purpose and Need is for project
planning and will be subject to agency and public review and comment as part of a potential future
NEPA process.
Subtask 4.2: Environmental Desktop Review
The Recipient will complete a desktop review to identify presence/absence of environmental resources
and determine environmental constraints in support of the alternatives screening process and selection
of a recommended alternative to advance to preliminary design and NEPA. The Recipient will review all
available information through previous studies/reports, online resource databases, and environmental
3 Railroad Capital Project Guidance is available at https://railroads.dot.gov/elibrary/fra-guidance-
development-and-implementation-railroad-capital-project
11
data available. A focused fieldwork investigation will confirm results of the desktop analysis and collect
data relevant to the alternatives screening process.
Task 4 Deliverables
• Preliminary Purpose & Need Statement
• Environmental Assessment Report
Task 5: Stakeholder Coordination
The Recipient acknowledges that work on Tasks 3 will not commence until the Task 5 Deliverables, have
been completed, submitted to FRA, and the Recipient has received approval in writing from FRA to
commence work on subsequent tasks. FRA will not reimburse the Recipient for costs incurred in
contravention of this requirement.
Subtask 5.1: Stakeholder Coordination Plan
A Stakeholder Coordination Plan will need to identify key contacts within agencies, civic and business
groups, public officials, relevant interest groups, present and potential riders/users, private service
providers/shippers, other key stakeholder groups, and the public. The Stakeholder Coordination Plan
will also identify potential state, local, and Federal agencies that should be consulted with. The plan will
identify involvement activities linked to key milestones in the planning/conceptual engineering and
alternatives analysis process and align with the Detailed Project Schedule from Task 1. The Recipient will
prepare, and submit to FRA for approval, a Stakeholder Coordination Plan.
Subtask 5.2: Stakeholder Outreach
The identified stakeholders and agencies will be engaged in accordance with the Stakeholder
Coordination Plan. This may be through focus groups, interviews, a stakeholder committee, or similar
activities. Stakeholder outreach will be used to identify site-specific issues and better understand the
context of the crossings within the study.
Subtask 5.3: Public Meetings
Public meetings held by the Recipient will need to align with the Stakeholder Coordination Plan. There
will be at minimum three separate public meetings for the following milestones:
• Project Introduction
• Findings
• Recommendations
The meetings will involve the public in the planning process and relay information, including key
milestones, in alignment with the Detailed Project Schedule from Task 1. The meetings should be
publicized in accordance with FRA and FHWA guidelines to ensure the appropriate distribution of
information.
12
Subtask 5.4: Project Website
A project website will be developed, subject to FRA approval, to keep the public involved and serve as a
singular location for all project information. The website will be updated frequently and follow the
Stakeholder Coordination Plan’s guidance.
Task 5 Deliverables
• Stakeholder Coordination Plan
• Project Meetings
• Project Website
• Public Engagement Summary Report
Task 6: Conceptual Engineering
The Recipient will develop conceptual engineering to a level sufficient to identify necessary
infrastructure improvements and determine the cost estimates for each alternative. Conceptual
engineering will include developing design criteria, track work concepts, structural concepts and
roadway crossing concepts for grade separation or closure, track relocation, installation of protective
devices (signals, signs, other and measures that improve safety), mobility enhancements, and
technology solutions, etc. The Recipient will coordinate with key stakeholders including FRA on this task.
The conceptual engineering designs will form the basis of the Project design and construction. The scope
elements should fulfil the high-level conceptual engineering requirements found in the Railroad Capital
Project Guidance (2023)3 document section V.b.ii.D.
Subtask 6.1: Conceptual Design Plan
The Recipient will prepare design plans to a level that can support a future NEPA analysis and ensure a
safe and functional operation of the overpass through the design year. The design will result in a project
footprint that supports local adopted plans such as the Active Modes Plan and will be evaluated for
drainage. Construction, mitigation, operations, maintenance, and ownership agreements will be
analyzed and documented at a level to support the final design phase.
Subtask 6.2: Order of Magnitude Cost Estimates
The objective of this task is to identify the capital cost to design, construct, and implement the proposed
project. The Recipient will provide capital cost estimates for each alternative, including quantity and unit
cost of each element relating to core track structures, roadway crossing enhancements, land acquisition,
contingencies, and any new facilities or upgrades required for train operations.
Task 6 Deliverables
• Conceptual Design Plans
• Cost Estimate
13
4.4 Implement Required Environmental Commitments
The Recipient will implement the Project consistent with the documents and environmental
commitments identified below.
Instructions: To be completed in coordination with an FRA environmental protection specialist. If there
are environmental commitments in the National Environmental Policy Act (NEPA) decision document,
Section 106 Programmatic Agreement (PA), or Memorandum of Agreement (MOA), or in other
documents or correspondence associated with the environmental review for the Project, include and
complete Table 4-A.
Table 4-A: Environmental Commitments
Document Type Commitment Reference Document Date
TBD TBD TBD
ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE
5.1 Award Dates
Budget Period End Date: TBD; estimated Month Day, Year.
Period of Performance End Date: TBD; estimated Month Day, Year.
5.2 Estimated Project Schedule
Milestones associated with this Agreement are identified in Table 5-A: Estimated Project Schedule. The
Recipient will complete these milestones to FRA’s satisfaction by the Schedule Date, subject to Article 5
of Attachment 1 of this Agreement. The Recipient will notify FRA in writing when it believes it has
achieved the milestone.
Table 5-A: Estimated Project Schedule
Milestone Schedule Date
Task 1: Project Administration and Management 1-18 Months after NTP
Task 2: Existing Data Collection 1-6 Months after NTP
Task 3: Alternatives Analysis 6-12 Months after NTP
Task 4: 10-18 Months after NTP
Task 5: Stakeholder Coordination 2-18 Months after NTP
Task 6: Conceptual Engineering 10-18 Months after NTP
14
ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION
6.1 Award Amount
Agreement Federal Funds: $765,616.00
6.2 Federal Obligation Information
Federal Obligation Type: Single
6.3 Federal Authorization and Funding Source.
Authorizing Statute: Public Law 117–58 (2021); 49 U.S.C. 22909.
Appropriation: Infrastructure Investment and Jobs Act, division J, title II, Public Law 117–58 (2021).
6.4 Funding Availability
Program funding that is obligated under this Agreement remains available until expended.
6.5 Approved Project Budget
The estimated total Project cost under this Agreement is $957,020.00.
FRA will contribute a maximum of 80 percent of the total Project cost, not to exceed the Agreement
Federal Funds in Section 6.1 of this Attachment 2. FRA will fund the Project at the lesser amount of the
Agreement Federal Funds or the FRA maximum contribution percentage of total Project costs.
The Recipient will contribute $191,404.00 in Agreement Non-Federal Funds. Recipient’s Agreement
Non-Federal Funds are comprised of cash.
The Recipient will complete the Project to FRA’s satisfaction within the Approved Project Budget,
subject to Article 5 of this Attachment 2.
15
Table 6-A: Approved Project Budget by Task
Task Title Federal Agreement Non-
Federal Funds Total
Subtask 1.1: Project Administration $30,636 $8,659
Task 2: Existing Data Collection $101,272 $25,318 $126,590
Subtask 2.1: Transportation Technical
Analysis $101,272 $25,318
Task 3: Alternative Analysis $ 202,544 $ 50,636 $253,180
Subtask 3.1: Develop Methodologies Memo
$50,000 $10,000
Subtask 3.2: Recommendations $152,544 $40,636
Task 4: Preliminary Environmental Impact
Analysis $151,908 $37,977 $189,885
Subtask 4.1: Preliminary Purpose & Need
Statement $21,000 $4,700
Subtask 4.2: Environmental Desktop Review $130,908 $33,977
Task 5: Stakeholder Coordination $70,890 $17,723 $88,613
Subtask 5.1: Stakeholder Coordination Plan $10,000 $2,000
Subtask 5.2: Stakeholder Outreach $10,000 $2,000
Subtask 5.3: Public Meetings $40,890 $11,723
Subtask 5.4: Project Website $10,000 $2,000
Conceptual Engineering $151,908 $37,977 $189,885
Subtask 6.1: Conceptual Design $130,908 $33,977
Subtask 6.2: Order of Magnitude Cost Estimate $21,000 $4,700
Contingency $36,458 $9,114 $45,572
Total $765,616 $191,404
16
Table 6-B: Approved Project Budget by Source
Funding Source Total Amount Percentage of Total
Project Cost
Federal Share $765,616 80%
RCE $ 765,616 80%
Agreement Non-Federal Funds $ 191,404 20%
City of Fort Collins $ 191,404 20%
6.6 Pre-Award Costs
The incurrence of pre-award costs is to be determined upon grant selection.
6.7 Phased Funding Agreement
Not applicable.
ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION
Table 7-A: Performance Measurement Table identifies the performance measures that this Project is
expected to achieve. These performance measures will enable FRA to assess the Recipient’s progress in
achieving grant program goals and objectives. The Recipient will report on these performance measures
in accordance with the frequency and duration specified in Table 7-A.
Upon Project completion, the Recipient will submit reports comparing the actual Project performance of
the new and or improved asset(s) against the pre-Project (baseline) performance and expected post-
Project performance as described in Table 7-A. The Recipient will submit the performance measures
report to the Project Manager in accordance with Table 7-A.
17
Table 7-A: Performance Measurement Table
Objective Performance Measure Measurement Reporting
Completion of
Stakeholder
Coordination
Plan
Satisfactory
completion of
Stakeholder
Coordination
Plan
Completion of
Stakeholder
Engagement Plan
acceptable to FRA
All Task 5
Deliverables
are
successfully
completed
and accepted
and/or
approved by
FRA.
Pre-Project
(Baseline)
Performance
as of: NA
NA
Frequency:
Once
Expected Post-
Project
Performance:
Duration:
Following
period of
performance.
Completion of
Alternatives
Analysis
Satisfactory
completion of
Alternatives
Analysis
Completion of
Alternatives Analysis
acceptable to FRA.
All Task 3
Deliverables
are
successfully
completed
and accepted
and/or
approved by
FRA.
Pre-Project
(Baseline)
Performance
as of: NA
NA
Frequency:
Once
Project
Performance:
Duration:
Following
period of
performance
Completion of
Purpose &
Need
Statement
Satisfactory
completion of
Purpose & Need
Statement
Completion of Purpose
& Need Statement
acceptable to FRA
All Task 4
Deliverables
are
successfully
completed
and accepted
and/or
approved by
FRA.
Pre-Project
(Baseline)
Performance
as of: NA
NA
Frequency:
Once
Project
Performance:
Duration:
Following
period of
performance
ARTICLE 8: ENVIRONMENTAL COMPLIANCE
Instructions: To be completed by an FRA environmental protection specialist to document compliance
with NEPA prior to obligation.
If there is no ground disturbance and the award is for (1) the project development stages of a project
(e.g., planning, preliminary engineering, and/or NEPA); (2) research; or (3) a “full lifecycle” grant,
provided the award requires notice to proceed to project implementation (e.g., final design or
construction) after the completion of project development, and FRA has determined a categorical
18
exclusion applies, include the language below to identify the applicable categorical exclusion(s). Do not
use this language for project implementation stages or for ground disturbing activity, including
geotechnical studies.
In accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. § 4321 et seq.), other
environmental statutes, related regulatory requirements, and FRA’s NEPA-implementing regulations (23
C.F.R. part 771), FRA has determined that the actions funded under this Agreement as described in this
Attachment 2, Section 4.5, Tasks [XX], are categorically excluded from detailed environmental review
pursuant to 23 C.F.R. § 771.116 (c) [(1), (3), or (8)]. In accordance with Section 106 of the National
Historic Preservation Act (54 U.S.C. § 306108; 36 C.F.R. part 800), FRA has also determined that the
actions funded under this Agreement have no potential to cause effects to historic properties. The
actions do not require the use of property protected by Section 4(f) of the Department of
Transportation Act (49 U.S.C. § 303; 23 C.F.R. part 774).
Categorical exclusions (CEs) are actions identified in an agency’s NEPA-implementing procedures that do
not normally have a significant impact on the environment and therefore do not require either an
environmental assessment (EA) or environmental impact statement (EIS). See 40 C.F.R. § 1508.1(d). In
analyzing the applicability of a CE, FRA also considered whether unusual circumstances are present that
would warrant a more detailed environmental review through the preparation of an EA or EIS. In
accordance with 23 C.F.R. § 771.116 (a) and (b), FRA has further concluded that no unusual
circumstances exist with respect to development of the activities funded under this grant that might
trigger the need for a more detailed environmental review.
Should conditions or the scope of the action change, the Recipient must notify FRA and receive written
response and notice to proceed before proceeding. FRA will evaluate whether this determination
remains applicable or if additional environmental review is necessary.
Instructions: If the award is for (1) project development that involves ground-disturbing activity; or (2) for
project implementation (e.g., final design, construction, or acquisition), including project implementation
as part of a full lifecycle grant without a notice to proceed to project implementation, FRA must complete
the environmental review for the ground-disturbing activity or the final design and construction project
prior to obligation, and document environmental review completion in the grant agreement using the
following language:
FRA signed a [type of environmental document] for this Project on [date] [and a [type of Section 106
agreement document] on [date]]. The Recipient [is/is not] responsible for complying with environmental
commitments, such as mitigation measures and/or design features, described in the [type of
environmental document], as identified in Section 4.4 of this Attachment 2.
Should conditions or the scope of the action change, the Recipient must notify FRA and receive written
response and notice to proceed before proceeding. FRA will evaluate whether this determination
remains applicable or if additional environmental review is necessary.
19
ARTICLE 9: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
9.1 Consideration of Climate Change and Environmental Justice Impacts
Instructions: Insert an “X” in the left column in all applicable rows of the table below. For reach row
marked, follow the relevant instructions to complete the supporting narrative in Section 9.2 of this
Attachment 2. FRA expects the Recipient to mark at least one row in Section 9.1, 10.1, or 11.1 of this
Attachment 2. FRA will work with the Recipient prior to obligation to understand and document the how
the Recipient has or will consider climate change and environmental justice impacts in developing and
implementing the Project.
This Section identifies how the Project addresses climate change and environmental justice priorities.
The Recipient certifies that rows marked with “X” in the following table are accurate:
The Project directly supports a Local/Regional/State Climate Action Plan that results in
lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that
results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative
below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in
lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Recipient or a Project partner used environmental justice tools, such as the EJSCREEN,
to minimize adverse impacts of the Project on environmental justice communities. (Identify
the tool(s) in the supporting narrative below.)
The Project supports a modal shift in freight or passenger movement to reduce emissions
or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel
demand, and greenhouse gas emissions. (Describe those strategies in the supporting
narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure,
or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that
support in the supporting narrative below.)
The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting
narrative below.)
20
The Project improves disaster preparedness and resiliency. (Describe how in the supporting
narrative below.)
The Project avoids adverse environmental impacts to air or water quality, wetlands, and
endangered species, such as through reduction in Clean Air Act criteria pollutants and
greenhouse gases, improved stormwater management, or improved habitat connectivity.
(Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing
environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and location-efficient
buildings. (Describe how in the supporting narrative below.)
The Project includes recycling of materials, use of materials known to reduce or reverse
carbon emissions, or both. (Describe the materials in the supporting narrative below.)
The Project includes other actions or attributes that address climate change and
environmental justice. (Describe those actions in the supporting narrative below.)
X
The Project does not include actions or attributes that address climate change and
environmental justice but, before beginning construction of the Project, the Recipient will
take relevant actions described below to address climate change and environmental justice
impacts of the Project. (Identify the relevant actions in the supporting narrative below.)
9.2 Supporting Narrative
Fort Collins residents have stated that they opt to take circuitous routes to and from their
destination to avoid potential delays at the existing at-grade crossing, increasing vehicle miles
traveled and emissions of air pollutants and GHGs, as well as worsening congestion on already
heavily used roads. Although the additional emissions related to taking longer trips to avoid at
grade crossings in Fort Collins cannot be precisely quantified at this time, it is known that a
significant amount of GHGs emissions per year can potentially be avoided by eliminating the at
grade crossing. One of the transportation strategies to reduce emissions of GHGs identified in the
2019 Fort Collins Air Quality Plan is to limit idling vehicles. Many citizens do not consider the
financial, health, and environmental impacts of idling their vehicles while stopped at a rail
crossing. Based on city staff observations of train movements and average vehicle delay times,
EPA’s Motor Vehicle Emissions Simulator (MOVES) model estimates that approximately 14,000
tons of GHG emissions per year from idling vehicles could potentially be avoided by
eliminating the at-grade crossing at Timberline Road/BNSF.
21
ARTICLE 10: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
10.1 Efforts to Improve Racial Equity and Reduce Barriers to Opportunity
This Section identifies how the Project addresses efforts to improve racial equity and reduce barriers to
opportunity. The Recipient certifies that rows marked with “X” in the following table are accurate:
A racial equity impact analysis has been completed for the Project. (Identify a report on that
analysis or, if no report was produced, describe the analysis and its results in the supporting
narrative below.)
The Recipient or a Project partner has adopted an equity and inclusion program/plan or has
otherwise instituted equity-focused policies related to project procurement, material
sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity
in the overall delivery and implementation of the Project. (Identify the relevant programs,
plans, or policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and
multimodal mobility investments that either redress past barriers to opportunity or that
proactively create new connections and opportunities for underserved communities that
are underserved by transportation. (Identify the relevant investments in the supporting
narrative below.)
The Project includes new or improved walking, biking, and rolling access for individuals with
disabilities, especially access that reverses the disproportional impacts of crashes on people
of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the
supporting narrative below.)
The Project includes new or improved freight access to underserved communities to
increase access to goods and job opportunities for those underserved communities.
(Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and
reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)
X
The Recipient has not yet taken actions related to the Project to improve racial equity and
reduce barriers to opportunity but, before beginning construction of the Project, the
Recipient will take relevant actions described below to improve racial equity and reduce
barriers to opportunity. (Identify the relevant actions in the supporting narrative below.)
10.2 Supporting Narrative
According to the Climate and Economic Justice Screening Tool, the Timberline Road
Overpass at Vine Drive and BNSF proposed project planning area is recognized as a
disadvantaged community by the federal government (census tract: 08069001306). The
area has both a high expected loss of economic value due to property/building damage and a
22
high expected rate of fatalities and injuries resulting from natural hazards that have some link
to climate change. Additionally, this area suffers educational disparities, as demonstrated by the
high rates of the population who do not complete high school and of non-enrollment in college,
university or graduate school. Finally, the incidences of household income less than or equal to
twice the federal poverty level exceeds the established criteria.
The current lack of a grade-separated rail crossing, as well as pedestrian and bicycle facilities in
this area makes traversing Timberline Road and Vine Drive an increased safety risk and a potential
loss of limited personal time, making trips to the farther grocery store option more desirable.
Many K–12 students in the region bike or walk to school. Although some
schools are not located in particularly pedestrian or
bicycle-friendly areas, many students have no other choice. The benefits of biking or walking to
school include lower transportation costs for school districts and families, reduced student
absences and tardiness, healthier students, improved academic performance, and fewer asthma
attacks. These benefits, however, cannot be realized if safe walking and biking conditions do not
exist around the school. According to the Poudre School District school locator mapping tool,
there are no public or charter schools located to the east of Timberline Road and only a single
elementary school is located to the north of Vine Drive. Therefore, many students must
traverse the at-grade crossing, which increases the safety risks of walking and biking.
ARTICLE 11: LABOR AND WORK
11.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards
This Section identifies the Recipient’s efforts to support good-paying jobs and strong labor standards
related to the Project. The Recipient certifies that rows marked with “X” in the following table are
accurate:
The Recipient or a Project partner has adopted the use of project labor agreements in the
overall delivery and implementation of the Project. (Identify the relevant agreements and
describe the scope of activities they cover in the supporting narrative below.)
The Recipient or a Project partner has adopted the use of local and economic hiring
preferences in the overall delivery and implementation of the Project, subject to all
applicable State and local laws, policies, and procedures. (Describe the relevant provisions
in the supporting narrative below.)
The Recipient or a Project partner has adopted the use of registered apprenticeships in the
overall delivery and implementation of the Project. (Describe the use of registered
apprenticeships in the supporting narrative below.)
The Recipient or a Project partner will provide training and placement programs for
underrepresented workers in the overall delivery and implementation of the Project.
(Describe the training programs in the supporting narrative below.)
23
The Recipient or a Project partner will support free and fair choice to join a union in the
overall delivery and implementation of the Project by investing in workforce development
services offered by labor-management training partnerships or setting expectations for
contractors to develop labor-management training programs. (Describe the workforce
development services offered by labor-management training partnerships in the supporting
narrative below.)
The Recipient or a Project partner will provide supportive services and cash assistance to
address systemic barriers to employment to be able to participate and thrive in training and
employment, including childcare, emergency cash assistance for items such as tools, work
clothing, application fees and other costs of apprenticeship or required pre-employment
training, transportation and travel to training and work sites, and services aimed at helping
to retain underrepresented groups like mentoring, support groups, and peer networking.
(Describe the supportive services and/or cash assistance provided to trainees and employees
in the supporting narrative below.)
hire from certain workforce programs that serve underrepresented groups. (Identify the
relevant agreements and describe the scope of activities they cover in the supporting
plan to promote equal opportunity, including removing barriers to hiring and preventing
harassment on work sites, and that plan demonstrates action to create an inclusive
environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above
and beyond complying with Federal law;
b. proactive partnerships with the U.S. Department of Labor’s Office of Federal
Contract Compliance Programs to promote compliance with EO 11246 Equal
Employment Opportunity requirements;
c. no discriminatory use of criminal background screens and affirmative steps to
recruit and include those with former justice involvement, in accordance with
the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual
orientation, gender identity, and national origin;
e. training on anti-harassment and third-party reporting procedures covering
employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and
contractors.
(Describe the equal opportunity plan in the supporting narrative below.)
The Recipient has taken other actions related to the Project to create good-paying jobs with
the free and fair choice to join a union and incorporate strong labor standards. (Describe
those actions in the supporting narrative below.)
24
X
The Recipient has not yet taken actions related to the Project to create good-paying jobs
with the free and fair choice to join a union and incorporate strong labor standards but,
before beginning construction of the Project, will take the relevant actions described below.
(Identify the relevant actions in the supporting narrative below.)
11.2 Supporting Narrative
The current planning lifecycle stage of the Project does not directly generate employment
opportunities. However, should the Project be selected for funding, it is anticipated to create
significant job opportunities, with a strong emphasis on supporting disadvantaged businesses
and supporting unionized labor.
By focusing on these aspects, the Project supports the creation of good-paying jobs, promotes
workforce development, and contributes to local economic growth while adhering to high labor
standards.
###
5.2.3 Financial Risk Management:
Instructions: The Recipient will address risk mitigation around cost overruns, including early warning
indicators and corrective actions.
5.2.4 Cost Reporting:
Tie this with financial reporting requirements discussed in the Management Controls section.
5.3 Agreements
Instructions: The Recipient will identify and describe all agreements governing the construction,
operation, and maintenance of the project. This includes, but is not limited to, any labor agreements,
railroad and third-party agreements, and contracts with suppliers, contractors, and service providers.
The Recipient will outline plans for managing legislative, governmental, intergovernmental, community,
and public relations, as well as labor and third-party agreements. A procurement plan and identified
contract types (fixed-price, cost-reimbursable, or time-and-materials), will be included with contracts
with suppliers, contractors, and service providers
5.3.1 Overview of Key Agreements:
Instructions: The Recipient will provide an inventory and status summary of critical agreements (labor
contracts, railroad, interagency MOUs) that directly affect execution
5.3.2 Stakeholder Coordination:
Instructions: The Recipient will describe coordination protocols with third-party partners, including
dispute avoidance/resolution strategies that tie into management controls.
5.3.4 Documentation and Record Keeping:
Instructions: The Recipient will discuss maintenance of auditable records of agreements, contract
amendments, correspondence, and compliance checks.