HomeMy WebLinkAboutRFP - P942 US 287 SOUTH COLLEGE AVENUE BICYCLE LANEREQUEST FOR PROPOSAL
CITY OF FORT COLLINS
Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), May 26, 2004. Proposal No. P-942. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Kathleen Reavis, AICP,
Senior Transportation Planner, 970-224-6140.
Questions regarding proposals submittal or process should be directed to John Stephen,
CPPO, Senior Buyer, 970-221-6777.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp.
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly
any decision-making authority concerning such sale or any supervisory authority over the
services to be rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from
any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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REQUEST FOR PROPOSAL
City of Fort Collins
P-942
US 287/SOUTH COLLEGE AVENUE
BICYCLE LANE PROJECT
The City of Fort Collins is requesting proposals from a consulting firm or team to address the
tasks necessary to provide the City with planning, design, and engineering services for the US
287/South College Avenue Bicycle Lane Project. The successful firm/team will address all of
the tasks, issues, and deliverables in their proposal, possess the requisite skills necessary to
complete the project on time and within the established budget, and be motivated to work with
staff, citizens, and governing bodies to accomplish the goals and objectives associated with
this project.
The budget for this project is sufficient to cover the costs to perform the tasks necessary to
complete this project. Tasks include, but are not limited to, those outlined in the attached
Scope of Work.
The Department has determined the contract goal for UDBE participation in this Contract will
be met with certified UDBEs who have been determined to be underutilized on professional
services contracts. The UDBE goal for this project has been established as follows:
Professional Services Consultants and/or Subconsultants: 10 Percent
Proposals are due at the City of Fort Collins Purchasing Department at 3:00p.m. (our clock), on
May 26, 2004. Oral Interviews/presentations are expected to be held on June 11, 2004, with
work beginning on or around July, 2004.
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US 287/SOUTH COLLEGE AVENUE
BICYCLE LANE PROJECT
I. Introduction
The City of Fort Collins is seeking professional consulting services to plan and design the US
287/South College Avenue Bicycle Lane project (US 287 project). The US 287 project is
intended to provide designated bikelanes along South College Avenue from Harmony
Road/SH68 to Carpenter Road/CR32.
This project is funded by a grant from the North Front Range Metropolitan Planning
Organization and the Colorado Department of Transportation.
II. Consultant Selection Process & Anticipated Project Timeline
♦ RFP Submittal – May 26, 2004
♦Conduct Interviews – June 11, 2004
♦Select, Qualify, & Notify Consultant – June 14, 2004
♦Complete Consultant Contract Negotiations – July 2004
♦Project Planning & Conceptual Design – July to December 2004
♦Preliminary & Final Engineering – January to June 2005
♦Right-of-Way Acquisition – March to June 2005
♦Construction – July to December 2005
III. Scope of Work
The following is an outline of a general scope of work. The consultant firm/team should expand
each of the tasks listed below. Additional tasks that the consultant firm/team determines
necessary to assure a good product should be added to this list.
♦ City survey crews may be available to assist the consultant with surveying needs, however,
the consultant will include surveying duties in their proposal in the event the City crews are
unavailable. The project survey shall be tied to the High Accuracy Reference Network (HARN).
♦ Document/compile existing conditions for the project area. City will provide electronic files of
aerial mapping for the project area, existing traffic counts and future traffic projections as well
as data from the US287/South College Avenue Access Plan Update, active development
projects along the corridor, and other data/informational sources.
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♦ Develop project plans and engineering documents for the US 287 project based upon the
latest requirements and guidelines found in the following City documents as well as CDOT plan
and specification requirements and other national publications (ex. AASHTO, ITE, MUTCD,
etc.):
1. City of Fort Collins “Larimer County Urban Area Street Standards”
2. City of Fort Collins “Master Street Plan”
3. City of Fort Collins “Multimodal Transportation Level of Service Criteria”
4. City of Fort Collins “Pedestrian Plan”
5. City of Fort Collins “Bicycle Program Plan”
6. City of Fort Collins and CDOT“US287/South College Avenue Access Plan Update”
♦ Develop and maintain a project schedule.
♦Project deliverables will include:
1. Concept design plan for bikelanes along the full length of the US 287 corridor from Harmony
Road to Carpenter Road. Plan detail shall be of a sufficient level to create conceptual level cost
estimates, including alternate options at selected intersections, as well as to analyze private
property impacts and other constraints and opportunities.
2. Recommended Project Prioritization List for construction phase(s), including identified and
ranked construction projects needed along full length of corridor to complete the bikelane
project as well as conceptual level cost estimates.
3. Complete preliminary and final design plans and specifications in accordance with City and
CDOT requirements for high priority project(s) selected for first phase of construction.
4. Bidding/construction management assistance.
5. Development and implementation a public involvement process, including potentially
affected interests such as multiple City departments, City’s Transportation Board, City Council,
the Colorado Department of Transportation, Federal Highway Administration, Larimer County
staff, area property/business owners and residents, and bicycle/pedestrian advocacy groups.
This process will need to be supported, at a minimum, by graphics, public mailings,
presentation materials, press releases/media materials and attendance at public meetings.
♦Provide information on your firm/team availability and experience with recent local agency
and/or CDOT projects similar to the US 287 Bikelane Project.
IV. Contact Information
Kathleen Reavis, AICP John Stephen, CPPO, CPPB, Senior Buyer
Senior Transportation Planner City of Fort Collins, Purchasing
City of Fort Collins 215 N. Mason 2nd floor
Transportation Planning Office Fort Collins, CO 80522-0580
215 N. Mason Street Phone 970.221.6777
Fort Collins, Colorado 80522-0580 Fax 970.221.6707
Phone (970) 224-6140 E-mail jstephen@fcgov.com
Fax (970) 221-6239
E-mail: Kreavis@fcgov.com
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REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION
STANDARD
3.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
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
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
1.0
UDBE
Is the primary firm a UDBE or has the primary
firm submitted UDBE participation that meets or
exceeds UDBE goal for the project?
A maximum of 5 evaluation points will be awarded
for UDBE participation during the scoring. If the
consultant doesn’t submit sufficient UDBE
participation to meet the project goal, they may be
awarded from 0 to 4 points, based on the amount
of UDBE participation they submit.
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Reference evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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ATTENTION CONSULTANTS - NOTICE
In February, 1999 the U. S. Department of Transportation (USDOT) revised its Title 49, Code
of Federal Regulations, Parts 23 and 26, concerning its continuing requirement that all States
implement a Disadvantaged Business Enterprise (DBE) Program for all federally-funded
contracts. That federal requirement applies to all section 24-30-1401, C.R.S., federally-funded
professional services consultant agreements executed by CDOT.
In response to that federal regulation, in June, 2001 the Colorado Transportation Commission
adopted Resolution No. 966. Among other things, Resolution No. 966 established a new DBE
goal setting process for professional services consultant contracts, in order to more narrowly
tailor CDOT’s DBE program to conform with the results of the 2000 Statewide Disparity Study.
That Disparity Study found that all DBEs will be considered to be UDBEs.
Accordingly, CDOT will now set individual project goals on consultant contracts for all UDBE
professional services consultants/subconsultants, based upon the type of work included in
each project and the availability of UDBEs capable of performing such work. CDOT will use a
consultant’s proposed use of UDBE participation in the project work as an evaluation criterion
in the selection of a consultant for the project.
Project specific DBE goals will be set by the appropriate Regional EEO Representative or
Headquarters DBE Program Manager, using a process similar to the one currently used to
establish DBE goals for UDBEs on highway construction projects.
As a result, all CDOT professional services projects advertised after June, 2001 shall contain
individual project UDBE goals conforming to Resolution No. 966, and each selected consultant
shall be required by CDOT’s project contract to provide the UDBE participation contained in its
proposal. Please refer to the section in the Statement of Interest package that describes the
new DBE goals and requirements.
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October 26, 1999
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
1. Definitions and Procedures - For this project, the following terms are defined:
A. Disadvantaged Business Enterprise (UDBE). A small business concern that is certified
as being:
1. At least 51 percent owned by one or more socially and economically disadvantaged
individuals or, in the case of any publicly owned business, at least 51 percent of the
stock of which is owned by one or more socially and economically disadvantaged
individuals; and
2. Whose management and daily business operations are controlled by one or more of
the socially and economically disadvantaged individuals who own it.
3. “Socially and Economically Disadvantaged individuals” means those individuals who
are citizens or lawfully admitted permanent residents of the United States and who
are:
(a) Minorities or individuals found by the Small Business Administration pursuant to
Section 8(a) of the Small Business Act to be disadvantaged.
(b) Individuals found by the Office of Certification at the Department of Regulatory
Agencies to be socially and economically disadvantaged.
B. UDBE Joint Venture. An association of two or more businesses formed to
carry out a single business enterprise for profit for which purposes they
combine their property, capital, efforts, skills and knowledge. UDBE joint
ventures must be certified as a joint venture. The UDBE percentage of the
joint venture will be determined at the time of certification.
C. Underutilized UDBE (UDBE). A firm which meets the definition of Underutilized
Disadvantaged Business Enterprise (UDBE) based on the findings and
recommendations of CDOT’s Disparity Study concerning consultants on CDOT projects
and is eligible to meet the contract goal as defined in the paragraph titled “Contract
Goal.” The Colorado Transportation Commission adopted Resolution No. 966 and set
a 10.93% overall annual goal for the remainder of FFY 2001 and for FFY 2002.
D. Contract Goal. The goal for UDBE participation that the Department determines should
appropriately be met by the selected consultant, based on the type of work included in
each project and the availability of UDBEs capable of performing such work. The
Contract goal will be the percentage stated in the invitation for consultant services and
in the project documents.
E. Certification as a UDBE by the Department
1. Any small business may apply to the Department of Regulatory Agencies (DORA)
for status as a UDBE. Application shall be made on forms provided by the DORA
for certification of UDBEs. However, only work contracted or subcontracted to
UDBEs that also qualify as UDBEs and independently performed by UDBEs shall
be considered toward contract goals as established elsewhere in these
specifications.
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2. It shall be the UDBE applicant’s responsibility to submit applications so that the
DORA has sufficient time to render decisions. The DORA will review applications in
a timely manner but is not committed to render decisions about a firm’s UDBE
status within any given period of time.
3. The Department will prepare, publish or make available from time to time a list of
UDBE contractors, consultants, vendors and suppliers for the purpose of providing
a reference source to assist any consultant in identifying UDBEs and UDBEs.
Consultants will be solely responsible for verifying the Certification of UDBEs they
intend to use prior to submitting a Statement of Interest (SOI.) The Business
Programs Office in the Center for Equal Opportunity will maintain a current list of
eligible UDBEs. The UDBE list is also available at:
http://www.dot.state.co.us/business/design/consultantmgt/
2. Selection of UDBEs by Consultant:
A. Consultants shall exercise their own judgments in selecting any subconsultant to
perform any portion of the work.
3. Requirements
A. The use of UDBEs is an evaluation factor for cosultant selection under Section 24-30-
1403 (2) CRS. All Consultants shall submit with their proposals a list of the names of
their UDBE subconsultants to meet the contract goal.
B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the
Consultant shall also submit the names of those UDBEs. However, the non-UDBEs will
not be used to meet the UDBE goal for the project.
C. Evaluation points will be awarded for UDBE participation during the Statement of
Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE
participation during the SOI scoring. If the consultant doesn’t submit sufficient UDBE
participation to meet the project goal, they may be awarded from 0 to 4 points, based
on the amount of UDBE participation they submit.
D. The selected consultant must use the UDBE firms named (if any) in the Statement of
Interest for the items of work described. The replacement of a named UDBE firm will
be allowed only as provided for in (6) of the UDBE Definitions and Requirements.
Failure to comply may constitute grounds for default and termination of the Contract.
E. Consultant’s UDBE Obligation.
1. The Consultant submitting a Statement of Interest and a Work Plan on consultant
projects advertised by the Department agrees to ensure that UDBEs, as defined in
this special provision, have the maximum opportunity to participate in the
performance of contracts or subcontracts. The prime Consultant shall not
discriminate on the basis of race, color, national origin, or sex in the selection and
bidding process or the performance of contracts.
2. To ensure that UDBEs are offered maximum opportunity to participate in the
performance of contracts, it is the responsibility of the prime Consultant to offer and
to provide assistance to UDBEs related to the UDBE performance of the
subcontract. However, the UDBE must independently perform a commercially
useful function on the project, as described in F(4) below.
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F. Counting UDBE Participation Toward Goals
1. Once a firm has been certified as a UDBE, the total dollar amount of the contract
awarded to the firm shall be counted toward the contract goal as explained below,
and as modified for the project in the project special provisions titled “Contract
Goal.”
2. The actual dollar total of a proposed subcontract, supply or service contract with
any UDBE firm shall be reported to the Department in the Consultant’s Cost
Proposal.
3. The eligibility of a proposed UDBE subconsultant will be finally established based
on the firm’s status at the time the contract is signed. If a firm becomes certified as
a UDBE during performance under a fully executed contract with CDOT but prior to
the UDBE performing any work, then 100% of the work performed by the firm under
that contract may be claimed as eligible work. No work performed by a UDBE firm
can be counted toward UDBE participation prior to the firm receiving certification as
a UDBE.
4. The Consultant may count toward its contract goal only that percentage of
expenditures to UDBEs which independently perform a commercially useful function
in the work of a contract. A UDBE is considered to be performing a commercially
useful function by actually performing, managing, and supervising the work
involved. To determine whether a UDBE is performing a commercially useful
function, the Department will evaluate the amount of work subcontracted, work
performed solely by the UDBE, industry practices, and other relevant factors.
5. A UDBE may enter into subcontracts consistent with normal industry practices. If a
UDBE subcontracts over 51% of the work of the Contract the UDBE shall be
presumed not to be performing a commercially useful function. The UDBE may
present evidence to rebut this presumption to the Department.
6. The Consultant may count toward its contract goal the percentage of expenditures
for materials and supplies obtained from UDBE suppliers (regular dealers) and
manufacturers specifically for use on the project, provided that the UDBEs assume
the actual and contractual responsibility for and actually provide the materials and
supplies.
a. The Consultant may count 100 percent of its expenditures to an UDBE
manufacturer if the purchased items are to be used on the project. A UDBE
manufacturer is a certified firm that operates or maintains a factory or
establishment that produces on the premises the materials or supplies obtained
by the Consultant.
b. The Consultant may count 60 percent of its expenditures to UDBE suppliers that
are not manufacturers, provided that the UDBE supplier performs a
commercially useful function in the supply process. A supplier is a certified firm
that owns, operates, or maintains a store, warehouse, or other establishment in
which the materials or supplies required for the performance of the Contract are
bought, kept in stock, and regularly sold to the public in the usual course of
business. To be a supplier the firm must engage in, as its principal business
and in its own name, the purchase and sale of the products in question. A
supplier in such bulk items as steel, cement, gravel, stone, and petroleum
products need not keep such products in stock, if it owns or operates distribution
equipment. Brokers and packagers shall not be regarded as manufacturers or
suppliers within the meaning of this section.
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c. The Consultant may count toward its UDBE goal the following expenditures to
UDBE firms that are not manufacturers or suppliers:
1. The fees or commissions charged for providing a bona fide service, such as
professional, technical, consultant or managerial services and assistance in
the procurement of essential personnel, facilities, equipment, materials or
supplies required for performance of the Contract, provided that the fee or
commission is determined by the Department to be reasonable and not
excessive as compared with fees customarily allowed for similar services.
2. The fees charged for delivery of materials and supplies required to a job site
(but not the cost of the materials and supplies themselves) when the hauler,
trucker, or delivery service is not also the manufacturer of or a supplier of
the materials and supplies, provided that the fee is determined by the
Department to be reasonable and not excessive as compared with fees
customarily allowed for similar services.
3. The fees or commissions charged for providing any bonds or insurance
specifically required for the performance of the Contract, provided that the
fee or commission is determined by the Department to be reasonable and
not excessive as compared with fees customarily allowed for similar
services.
5. Determination of goal achievement
To determine the goals achieved under this Contract, the UDBE participation shall be
divided by the original prime Contract amount and multiplied by 100 to determine the
percentage of performance. The Consultant shall maintain records of payment that show
amounts paid to all UDBEs and UDBEs. Upon completion of the project, the Consultant
shall submit a list of all UDBEs (both UDBEs and other UDBEs) that participated in this
Contract, the subcontract tier number of each, and the dollar amount paid to each. The
Consultant shall certify the amount paid, which may be audited by the Department. When
the participation by UDBEs is less than the Consultant committed to the Department, the
Consultant shall submit a statement to CDOT that indicates the amount of participation and
gives reasons why it was different from the Consultant’s commitment.
6. Replacement of UDBEs used to meet the contract goal
A. Based upon a showing of good cause the Consultant may request that a UDBE named
in the Consultant’s Statement of Interest be replaced with another UDBE pursuant to
the terms and conditions of this special provision. Replacements will be allowed only
with prior written approval of the Department.
B. If a replacement is to be requested prior to the time that the named UDBE has begun to
effectively prosecute the work under a fully executed subcontract, the Consultant shall
furnish to the Department the following:
1. Written permission of the named UDBE. Written permission may be waived only if
such permission cannot be obtained for reasons beyond the control of the
Consultant.
2. A full written disclosure of the circumstances making it impossible for the Consultant
to comply with the condition of award.
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3. Documentation of the Consultant’s assistance to the UDBE named in the
Consultant’s Statement of Interest.
4. Copies of any pertinent correspondence and documented verbal communications
between the Consultant and the named UDBE.
5. Documentation of the Good Faith Efforts in finding a replacement UDBE and the
results of the efforts. It is within the control of the Consultant to locate, prior to
award, UDBEs that offer reasonable prices and that could reasonably be expected
to perform the work. For this reason, increased cost shall not, by itself, be
considered sufficient reason for not providing an in-kind replacement.
C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily
complete performance of the work, the Consultant shall furnish to the Department the
following:
1. Documentation that the subject UDBE did not perform in a satisfactory manner.
2. Documentation of the Consultant’s assistance to the UDBE prior to finding the
UDBE in default.
3. A copy of the certified letter finding the UDBE to be in default or a letter from the
UDBE stating that it cannot complete the work and it is turning the work back to the
Consultant.
4. Copy of the contract between the Consultant and the UDBE, plus any modifications
thereto.
7. Sanctions
A. It is the obligation of the Consultant to provide UDBE firms with the maximum
opportunity to participate in the performance of the work.
B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully
consistent with the intent of the UDBE program, and in substantial compliance with the
terms and conditions of these UDBE definitions and requirements.
C. UDBE firms which fail to perform a commercially useful function as described in
subsection 4(E) of these UDBE definitions and requirements or operate in a manner
which is not consistent with the intent of the UDBE program may be subject to
revocation of certification.
D. A finding by the Department that the Consultant has failed to comply with the terms and
conditions of these UDBE definitions and requirements may constitute sufficient
grounds for default and termination of the Contract.
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ADDENDUM A: FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (Common Rule), at 49 Code of
Federal Regulations, Part 18, except to the extent that other applicable federal
requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are
more specific than provisions of Part 18 and therefore supersede such Part
18 provisions. The requirements of 49 CFR 18 include, without limitation:
1. the Local Agency/Contractor shall follow applicable procurement procedures,
as required by section 18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDOT approval of
changes to any subcontracts in the manner, and to the extent required by,
applicable provisions of section 18.30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any
subgrants;
4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or
other authorized representative, shall also submit a letter to CDOT certifying
Local Agency/Contractor compliance with section 18.30 change order
procedures, and with 18.36(d) procurement procedures, and with 18.37
subgrant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions
described in 18.36(i) (which are also deemed incorporated herein) into any
subcontract(s) for such services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as
supplemented in Department of Labor regulations (41 CFR Chapter 60) (All
construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees).
C. The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department
of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction
or repair).
D. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of
Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000
awarded by grantees and subgrantees when required by Federal grant program
legislation. This act requires that all laborers and mechanics employed by
contractors or sub-contractors to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of
the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR
Part 5). (Construction contracts awarded by grantees and subgrantees in excess
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of $2,000, and in excess of $2,500 for other contracts which involve the
employment of mechanics or laborers).
F. Standards, orders, or requirements issued under section 306 of the Clear Air Act
(42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368).
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR
Part 15) (contracts, subcontracts, and subgrants of amounts in excess of
$100,000).
G. Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-
110, whichever is applicable.
I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These
statutes state that federal funds cannot be used for partisan political purposes of
any kind by any person or organization involved in the administration of federally-
assisted programs.
J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation,
45 C.F.R. Part 80 et. seq.. These acts require that no person shall, on the grounds
of race, color, national origin, age, or handicap, be excluded from participation in or
be subjected to discrimination in any program or activity funded, in whole or part,
by federal funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102,
12111-12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-
12213 47 USC 225 and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as
amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-
256). (If the contractor is acquiring real property and displacing households or
businesses in the performance of this contract.)
M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701
et seq.).
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its
implementing regulation, 45 C.F.R. Part 91;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and
implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related
Contracts".
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid
Construction Contracts".
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Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of
1973. The requirements for which are shown in the Nondiscrimination Provisions,
which are attached hereto and made a part hereof.
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APRIL 1980
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the
Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and
successors in interest, agree as follows:
A. Compliance with Regulations. The Contractor will comply with the Regulations of
the Department of Transportation relative to nondiscrimination in Federally assisted
programs of the Department of Transportation (Title 49, Code of Federal
Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after
award and prior to completion of the contract work, will not discriminate on the
ground of race, color, sex, mental or physical handicap or national origin in the
selection and retention of Subcontractors, including procurement of materials and
leases of equipment. The Contractor will not participate either directly or indirectly
in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix C
of the Regulations.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the
Contractor for work to be performed under a subcontract, including procurement of
materials or equipment, each potential Subcontractor or supplier shall be notified
by the Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of race, color, sex, mental
or physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto and
will permit access to its books, records, accounts, other sources of information and
its facilities as may be determined by the State or the FHWA to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any
information required of the Contractor is in the exclusive possession of another
who fails or refuses to furnish this information, the Contractor shall so certify to the
State, or the FHWA as appropriate and shall set forth what efforts have been made
to obtain the information.
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this contract, the State shall impose such
contract sanctions as it or the FHWA may determine to be appropriate, including,
but not limited to:
1. Withholding of payments to the Contractor under the contract until the
Contractor complies, and/or;
2. Cancellation, termination or suspension of the contract, in whole or in part.
17
F. Incorporation of Provisions. The Contractor will include the provisions of
paragraphs A through F in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Regulations, orders, or instructions
issued pursuant thereto. The Contractor will take such action with respect to any
subcontract or procurement as the State or the FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided,
however, that, in the event the Contractor becomes involved in, or is threatened
with, litigation with a Subcontractor or supplier as a result of such direction, the
Contractor may request the State to enter into such litigation to protect the interest
of the State and in addition, the Contractor may request the FHWA to enter into
such litigation to protect the interests of the United States.
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ATTACHMENT LO
Certification for Federal-Aid Contracts
The contractor certifies, by signing this contract, to the best of its knowledge and belief,
that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf or
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or of Congress, or
an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The prospective participant also agree by submitting his or her bid or proposal that he
or she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
Required by 23 CFR 635.112
19
LOBBYING
31 U.S.C. 135249 CFR Part 1949 CFR Part 20
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.]
- Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds
with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such
disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
20
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer
or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,
et seq .)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, ___________________________________________, certifies or affirms the
Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
_________________________________________ Signature of Contractor's Authorized Official
_____________________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
21
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and _____, [insert either a corporation, a partnership or an individual,
doing business as____________], hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of _____ (_____) page[s],
and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of _____ (_____) page[s], and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within _____ (_____) days following
execution of this Agreement. Services shall be completed no later than _____. Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in writing by
the parties hereto.
4. Early Termination by City. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
22
Professional:
City: With Copy to:
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination, subject only to the satisfactory performance
of the Professional's obligations under this Agreement. Such payment shall be the
Professional's sole right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for
the City's costs and reasonable attorneys fees, arising directly or indirectly out of the
Professional's negligent performance of any of the services furnished under this Agreement.
The Professional shall maintain commercial general liability insurance in the amount of
$500,000 combined single limits, and errors and omissions insurance in the amount of
___________.
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the
services to be performed pursuant to this Agreement, the City agrees to pay Professional a
fixed fee in the amount of _____ ($_____) plus reimbursable direct costs. All such fees and
costs shall not exceed _____ ($_____). Monthly partial payments based upon the
Professional's billings and itemized statements are permissible. The amounts of all such
partial payments shall be based upon the Professional's City-verified progress in completing
the services to be performed pursuant hereto and upon the City's approval of the Professional's
23
actual reimbursable expenses. Final payment shall be made following acceptance of the work
by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates: _____
Reimbursable direct costs: _____
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed _____ ($_____). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City-verified progress in completing
the services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by
the City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work,
its project representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. [Optional] Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project
containing accurate information on the project as constructed. Drawings shall be of archival
quality, prepared on stable mylar base material using a non-fading process to prove for long
storage and high quality reproduction.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
24
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are
those of an independent contractor and not of an employee of the City of Fort Collins. The City
shall not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
11. 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.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any
way relieve the Professional of responsibility for the quality or technical accuracy of the work.
The City's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to the City under this
Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
25
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney
fees and costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of
_____ (_____) page[s], attached hereto and incorporated herein by this reference.
26
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
John F. Fischbach
City Manager
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as ____[insert name of business]
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary