HomeMy WebLinkAboutRFP - P835 I M FEASIBILITYCITY OF FORT COLLINS
REQUEST FOR PROPOSAL
I/M Feasibility
Proposal Number P-835
PROPOSAL DATE: 3:00 p.m.(our clock) May 6, 2002
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CITY OF FORT COLLINS
REQUEST FOR PROPOSAL
I/M Feasibility
Proposal Number P-835
The City of Fort Collins is soliciting proposals for the preparation of a report identifying
alternatives to the existing federally mandated two-speed idle test currently in existence in Fort
Collins.
Written proposals, three (3) 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 6, 2002. Proposal No. P-835. 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 Project Manager, Lucinda
Smith, (970) 224-6085.
Questions regarding proposals submittal or process should be directed to James B. O'Neill II,
CPPO, FNIGP, Director of Purchasing and Risk Management, (970) 221-6775.
A copy of the Proposal may be obtained as follows:
1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instruction to
request document #30835.
2. Download the Proposal/Bid from the Purchasing Webpage,
www.fcgov.com/purchasing.
3. 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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Section 1.0: Proposal Requirements
1.1 General Description
The City of Fort Collins is soliciting proposals for the preparation of a report identifying
alternatives to the existing federally mandated two-speed idle test currently in existence in Fort
Collins.
1.2 Proposal Submittal
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
Firms submitting proposals shall submit five (5) copies of the proposal with the following
information:
a. Company history, amount of time in the business, and experience in developing
training materials and conducting training, as described in the scope of work.
b. The name of the company representative responsible for coordinating tasks, and
the names, titles, and job descriptions of any sub-consultants needed to perform
the tasks identified in the scope of work.
c. References, including names, addresses, and current phone numbers for three or
more organizations that have used your company for similar products and
services within the last two years.
d. A written description of the proposed products, services, and deliverables to the
contract, as required below.
e. Pricing, as requested.
The proposal must be signed by a duly authorized representative of the firm submitting the
proposal. The signature shall include the title of the individual signing the proposal.
1.3 Qualifications
An environmental consultant is being sought to fulfill the tasks outlined in the Scope of Work. At
minimum, the Service Provider shall be able to demonstrate two years of experience in I/M
programs (creation, administration, or research). The candidate shall have extensive
experience with Colorado’s I/M program, including knowledge of key players, an understanding
of possible future modifications to Colorado’s program, and an ability to work with existing State
staff when exploring alternatives. The ideal candidate will also be familiar with the range of
current I/M program alternatives, and understand the political and legal barriers and
opportunities for a new program in the North Front Range.
Section 2.0:
2.1 Project Background
In the 1970’s and 1980’s, Fort Collins experienced frequent violations of the national health
standard for carbon monoxide. Inspection and Maintenance (I/M) was identified as an important
carbon monoxide control strategy and was included as a federally enforceable component of the
Colorado State Implementation Plan (SIP). The State of Colorado has operated a two-speed
idle I/M program in Fort Collins since 1981.
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The I/M program has played an important role in reducing local tailpipe emissions. Based on
vehicle repair data from 1998, the Colorado Department of Public Health and Environment
(CDPHE) reported that vehicles initially failing the idle test, which were subsequently repaired,
showed an average of 72% reduction in carbon monoxide (CO) emissions, and a 68% reduction
in hydrocarbon (HC) emissions. In addition to directly reducing tailpipe emissions through
repairs, I/M programs have been shown to reduce vehicle tampering, as well. Loss of an I/M
program could result in increased tampering rates and elevated emissions levels from tampered
vehicles. In addition, the MPO’s Regional I/M Committee has recognized that the cost of re-
starting an I/M program, once stopped, is enormous. In its draft report to the MPO, the
Committee stated, “ This cost would include investments in new equipment, as well as non-
quantifiable costs such as loss of public acceptance and momentum.” For all these reasons, the
loss of an I/M program would constitute the loss of an important component in the air quality
protection system.
Fort Collins is now is the process of redesignating to attainment for carbon monoxide. This
process includes an evaluation of whether I/M will be needed to maintain the federal CO
standard for 10 years into the future. The State’s current analysis (March 2002) indicates that
I/M will not be required to meet the federal CO standard beginning in 2004. Given Colorado
statutory provisions restricting SIP control strategies to only the minimum necessary to avoid
violations of the federal standard, I/M will be dropped from the federally-enforceable portion of
the SIP beginning in 2004, assuming the emissions analysis does not change.
Elimination of the I/M program constitutes a step away from achieving the City’s and the MPO’s
goal of air quality improvement. Therefore, the City of Fort Collins is seeking to explore options
for implementing a non-SIP I/M program. In addition, CDPHE recently provided the City with a
written commitment to work with the City to find an acceptable alternative to the I/M program
and to support the continuation of the basic I/M program in the Fort Collins area until either an
acceptable alternative can be found, or it is no longer practical to continue the program.
2.2 Project Summary
This project will hire a consultant to evaluate and report on the feasibility of implementing a non-
SIP I/M program. The consultant will work closely with CDPHE and City staff in this process.
The study will evaluate legislative, political, economic, technical, and logistical aspects of
implementing a non-SIP I/M program in Fort Collins. It will explore legislative and regulatory
limitations on such local programs, methods for identifying high-emitters (two-speed idle test,
vehicle profiling, roadside remote sensing, On Board Diagnostics), methods for enforcing the
program registration-based, windshield certificate, other), and funding options (state supported,
citizen funded, and other). Information about the feasibility and pros and cons of alternatives to
the existing I/M program will aid the community and local decision makers in deciding whether to
implement a non-SIP program.
Section 3.0: Scope of Work
3.1 The Service Provider will:
1) Assess Fort Collins’ Current Two-Speed Idle Program:
Air quality benefit for CO, HC, Nox
Critical operational components (without which the program would not survive, i.e. DMV
registration enforcement, DOR audit and enforcement of licensed stations, equipment
contracts, training and licensing of inspectors, etc.)
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Cost to implement program
Cost to the public
2) Prepare a text summary of alternative approaches for I/M, including but not limited to remote
sensing, vehicle profiling, OBD II, IM240, City-funding for the existing state-run two speed idle
program.
3) Advise the City of Fort Collins in preparing information for a citizen survey, focus groups , or
other method of identifying public opinion regarding I/M alternatives. The City will take the
responsibility to gather the input (i.e. conduct the survey, run the focus group, etc.) and will
present the results to the Service Provider.
4) Of the alternatives identified in Step 2, select 3 to 4 alternatives and prepare a matrix that
evaluates and compares the legislative, political, economic, and technical/logistical aspects of
the alternatives. Work with City staff (especially the City Attorney’s Office for legal aspects) to
compile information for the evaluations. To the extent possible, evaluations should assess the
following factors:
Legislative/Regulatory
Identify existing or needed implementation or enforcement authority (compatibility with
State regulation, State legislation, etc.)
Political
Public opinion and willingness to pay
Elected official’s perspectives
Economic
Cost to city government
Cost to citizens
Possible sources of funding
Logistical/Technical
Availability/willingness of parties needed for implementation (i.e. County Clerks, State
Emissions Technical Center, emissions inspectors, etc.)
Enforcement method
Air quality benefit between 2004 – 2020
5) Based on the information gathered above, work with City staff and CDPHE staff to determine
the appropriateness and feasibility of a local program. If a local program IS considered feasible,
complete Step 6, below. If a program is not considered feasible, document that rationale.
6) Prepare a detailed description of the top alternatives. Program description should discuss in
detail:
I/M program (if applicable: network type, test type, visual inspection components,
evaporative testing, frequency of testing, cutpoints, exemptions, waiver limits, public
education, mechanic training)
Data Management
Enforcement
QA/QC
Reporting (identify type, amount, and estimate the accuracy of data available for reporting to
the public and City Council)
Air Quality Benefit
Cost
Needed Legislative or regulatory actions
Other partners
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7) Package all information compiled through the study into a final report.
8) Make up to two presentations to the Air Quality Advisory Board and up to two presentations
to the Fort Collins City Council.
3.2 TimeLine
Report must be completed by September 30, 2002.
Presentations to the Air Quality Advisory Board and/or City Council may occur between the date
contract is signed and December 31, 2002.
3.3 Billing
The consultant will be paid on a cost reimbursement basis. Invoices will be submitted monthly.
For each individual charging personnel time to an invoice, the invoice must be accompanied by
documentation showing:
staff person’s name,
staff person hourly rate (or comparable),
total hours worked for that billing period,
bullet points of tasks accomplished for billing period.
Expenses for travel and materials must be itemized. Copies of receipts must be provided for
any itemized expenses greater than $100.
Section 4.0 Deliverables
Final I/M Feasibility Report that includes, at minimum, information identified in steps 1
through 5 above.
Not more than two presentations to the Air Quality Advisory Board and two presentations to
the Fort Collins City Council.
The Service Provider shall maintain all books, records, and other documentation pertaining to
the current work program and to completely substantiate all costs incurred, during the current
program period, for a period of three years from the contract termination date, or from December
31, 2002, whichever is later.
Data, surveys, drawings, maps, models, photographs reports, and any other materials produced
or developed pursuant to this agreement shall become the property of the North Front Range
Transportation & Air Quality Planning Council (MPO), also, the MPO is hereby authorized to
copyright and market computer software produced under this agreement. The Colorado
Department of Transportation (the Department) , FHWA, and FTA shall, without cost to them,
have the royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use
and to authorize others to use all such materials for the Department or U.S. Government
purposes. In addition, the Department and U.S. Government shall have the right to use,
duplicate, or disclose technical data and computer software produced under this agreement in
whole or in part, in any manner and for any purpose whatsoever, and to have or permit others to
do so.
Section 5.0: Pricing
In your written response to this proposal, provide pricing to cover the following items:
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An hourly rate and estimated number of hours to complete
a) Steps 1-5, and
b) Steps 6-7
Hourly rate for making presentation and estimated number of hours to make up to four
presentations to City Boards and Council.
Any materials costs.
Any travel expenses (Expenses must not exceed State or federal per diem rate.)
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FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Lobbying Page 2
Access to Records and Reports Page 3
Federal Changes Page 4
Contract Works Hours and Safety Standards Page 5-9
No Government Obligation to Third Parties Page 10
Program Fraud and False or Fraudulent Statements Page 11
Termination Page 12-14
Governmentwide Debarment and Suspension
(Nonprocurement) Page 15-16
Privacy Act Page 17
Civil Rights Requirements Page 18
Patent and Rights in Data Page 19-21
Disadvantaged Business Enterprise (DBE) Page 22-24
Interests of Members of or Delegates to Congress Page 25
Incorporation of Federal
Transit Administration (FTA) Terms Page 26
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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.
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ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to
records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees
to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or
any of their authorized representatives access to any books, documents, papers and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R.
633.17 to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through
the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, a hospital or
other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the Unites States or any of their duly authorized
representatives with access to any books, documents, papers and record of the Contractor
which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions.
3. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
4. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
5. The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11).
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FEDERAL CHANGES
49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
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CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.? 827 -333 (1995)
29 C.F.R. 5 (1995)
29 C.F.R. 1926 (1995)
Pursuant to Section 102 (Overtime):
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this 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 for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of $ 10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall
upon its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in 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 this section.
(5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
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communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
Section 107 (OSHA):
Contract Work Hours and Safety Standards Act
(i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety
Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health
Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees
that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous
surroundings or working conditions.
(ii) Subcontracts - The Contractor also agrees to include the requirements of this section in
each subcontract. The term "subcontract" under this section is considered to refer to a person
who agrees to perform any part of the labor or material requirements of a contract for
construction, alteration or repair. A person who undertakes to perform a portion of a contract
involving the furnishing of supplies or materials will be considered a "subcontractor" under this
section if the work in question involves the performance of construction work and is to be
performed: (1) directly on or near the construction site, or (2) by the employer for the specific
project on a customized basis. Thus, a supplier of materials which will become an integral part
of the construction is a "subcontractor' if the supplier fabricates or assembles the goods or
materials in question specifically for the construction project and the work involved may be said
to be construction activity. If the goods or materials in question are ordinarily sold to other
customers from regular inventory, the supplier is not a "subcontractor." The requirements of this
section do not apply to contracts or subcontracts for the purchase of supplies or materials or
articles normally available on the open market.
If it is later determined by the City of Fort Collins that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond
the control of the Contractor, the City of Fort Collins, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
c. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion
may, in the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination will state
the time period in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by
Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or
default, the City of Fort Collins shall have the right to terminate the Contract without any further
obligation to Contractor Any such termination for default shall not in any way operate to preclude
the City of Fort Collins from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
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Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City of Fort Collins shall not limit the City of Fort Collins' remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may
terminate this contract for default. The City of Fort Collins shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. The Contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
f. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in
this contract or any extension or if the Contractor fails to comply with any other provisions of this
contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins
shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of
default. The Contractor will only be paid the contract price for services performed in accordance
with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the City of Fort Collins, protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins shall agree
on payment for the preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the City of Fort Collins.
g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within the time
specified in this contract or any extension or fails to complete the work within this time, or if the
Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may
terminate this contract for default. The City of Fort Collins shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within specified
time, whether or not the Contractor's right to proceed with the work is terminated. This liability
includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor changed with
damages under this clause if-
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1. the delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of God,
acts of the Recipient, acts of another Contractor in the performance of a contract with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort
Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is
excusable, the time for completing the work shall be extended. The judgment of the City of Fort
Collins shall be final and conclusive on the parties, but subject to appeal under the Disputes
clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
h. Termination for Convenience or Default (Architect and Engineering) The City of Fort
Collins may terminate this contract in whole or in part, for the Recipient's convenience or
because of the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins
shall terminate by delivering to the Contractor a Notice of Termination specifying the nature,
extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall
(1) immediately discontinue all services affected (unless -the notice directs otherwise), and
deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services. If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be liable for
any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
Termination for Convenience of Default (Cost-Type Contracts) The City of Fort Collins may
terminate this contract, or any portion of it, by serving a notice or termination on the Contractor.
The notice shall state whether the termination is for convenience of the City of Fort Collins or for
the default of the Contractor. If the termination is for default, the notice shall state the manner in
which the contractor has failed to perform the requirements of the contract. The Contractor shall
account for any property in its possession paid for from funds received from the City of Fort
Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for
default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the
contractor in proportion to the value, if any, of work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties
shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion
to the work performed up to the time of termination.
9
If, after serving a notice of termination for default, the City of Fort Collins determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events which
are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after
setting up a new work schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
10
NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence
by the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not
a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
11
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that if
it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government
deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to
the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
be modified, except to identify the subcontractor who will be subject to the provisions.
12
TERMINATION
49 U.S.C.Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The City of Fort Collins may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the City of Fort Collins to be paid the Contractor. If the Contractor
has any property in its possession belonging to the City of Fort Collins, the Contractor will
account for the same, and dispose of it in the manner the City of Fort Collins directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not
deliver supplies in accordance with the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may
terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of
the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately short
period of time] in which to cure the defect. In such case, the notice of termination will state the
time period in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or
written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of
Fort Collins shall have the right to terminate the Contract without any further obligation to Contractor.
Any such termination for default shall not in any way operate to preclude the City of Fort Collins from
also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City of Fort Collins shall not limit the City of Fort Collins' remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may
terminate this contract for default. The City of Fort Collins shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. The Contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
13
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of the Recipient.
f. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in
this contract or any extension or if the Contractor fails to comply with any other provisions of this
contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins
shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of
default. The Contractor will only be paid the contract price for services performed in accordance
with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor
shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to the
Recipient or its agent. The Contractor and the City of Fort Collins shall agree on payment for the
preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute
clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of the City of Fort Collins.
g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work
or any separable part, with the diligence that will insure its completion within the time specified
in this contract or any extension or fails to complete the work within this time, or if the Contractor
fails to comply with any other provisions of this contract, the City of Fort Collins may terminate
this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a
Notice of Termination specifying the nature of the default. In this event, the Recipient may take
over the work and compete it by contract or otherwise, and may take possession of and use any
materials, appliances, and plant on the work site necessary for completing the work. The
Contractor and its sureties shall be liable for any damage to the Recipient resulting from the
Contractor's refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any increased
costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor changed with damages
Under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of God,
acts of the Recipient, acts of another Contractor in the performance of a contract with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the City of Fort Collins
in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is
excusable, the time for completing the work shall be extended. The judgment of the City of Fort
Collins shall be final and conclusive on the parties, but subject to appeal under the Disputes
clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if
14
the termination had been issued for the convenience of the Recipient.
h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins
may terminate this contract in whole or in part, for the Recipient's convenience or because of the
failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature, extent, and
effective date of the termination. Upon receipt of the notice, the Contractor shall
(1) immediately discontinue all services affected (unless -the notice directs
otherwise), and
(2) deliver to the Contracting Officer all data, drawings, specifications, reports,
estimates, summaries, and other information and materials accumulated in
performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may
complete the work by contact or otherwise and the Contractor shall be liable for any additional cost
incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of the Recipient.
i. Termination for Convenience of Default (Cost-Type Contracts) The City of Fort Collins may
terminate this contract, or any portion of it, by serving a notice or termination on the Contractor.
The notice shall state whether the termination is for convenience of the City of Fort Collins or for
the default of the Contractor. If the termination is for default, the notice shall state the manner in
which the contractor has failed to perform the requirements of the contract. The Contractor shall
account for any property in its possession paid for from funds received from the City of Fort
Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for
default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the
contractor in proportion to the value, if any, of work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties
shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its
Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the
Work performed up to the time of termination.
If, after serving a notice of termination for default, the City of Fort Collins determines that the Contractor
has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of
and are beyond the control of the contractor, the City of Fort Collins, after setting up a new work
schedule, may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
15
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29
Executive Order 12549
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the City of Fort Collins may pursue available remedies,
including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the City of Fort
Collins if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You
may contact the City of Fort Collins for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized in writing by the City of
Fort Collins.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous, A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List issued
by U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
16
addition to all remedies available to the Federal Government, the City of Fort Collins may
pursue available remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither
it nor its "principals" [as defined at 49 C.F.R. 29.105(p)] is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
17
PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are
organized so that information could be retrieved by personal identifier, the Privacy Act requirements
apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor
and their contracts at every tier.
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.
552a. Among other things, the Contractor agrees to obtain the express consent of the Federal
Government before the Contractor or its employees operate a system of records on behalf of the
Federal Government. The Contractor understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in termination of
the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any
system of records on behalf of the Federal Government financed in whole or in part with Federal
assistance provided by FTA.
18
CIVIL RIGHTS REQUIREMENTS
29 U.S.C.623, 42 U.S.C. 2000
42 U.S.C.6102, 42 U.S.C. 12112
42 U.S.C.12132, 49 U.S.C. 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit
law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee
or applicant for employment because of race, color, creed, national origin, sex, age, or disability.
In addition, the Contractor agrees to comply with applicable Federal implementing regulations
and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights
Act, as amended, 42 U.S.C.2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et cet., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment
Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construction activities undertaken
in the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
19
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A,
Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is
governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to
meet FTA's purposes for awarding research grants. This model clause, with larger rights ,as a
standard, is proposed with the understanding that this standard could be modified to FTA's
needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.
A. Rights in Data - This following requirements apply to each contract involving experimental,
developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the contract. The term includes
graphic or pictorial delineation in media such as drawings or photographs; text in specifications
or related performance or design-type documents; machine forms such as punched cards,
magnetic tape, or computer memory printouts; and information retained in computer memory.
Examples include, but are not limited to: computer software, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical reports, catalog
item identifications, and related information. The term "subject data" does not include financial
reports, cost analyses, and similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of
the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or
Contractor authorize others to do so, without the written consent of the Federal Government,
until such time as the Federal Government may have either released or approved the release
of such data to the public; this restriction on publication, however, does not apply to any
contract with an academic institution. (b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R.
19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license
to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal
Government purposes," any subject data or copyright described in subsections (2)(b)l and
(2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government
purposes," means use only for the direct purposes of the Federal Government. Without the
copyright owner's consent, the Federal Government may not extend its Federal license to any
other party.
1. Any subject data developed under that contract, whether or not a copyright has
been obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal
assistance in whole or in part provided by FTA.
20
(c) When FTA awards Federal assistance for experimental, developmental, or research
work, it is FTA's general intention to increase transportation knowledge available to the public,
rather than to restrict the benefits resulting from the work to participants in that work.
Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing
experimental, developmental, or research work required by the underlying contract to which
this Attachment is added agrees to permit FTA to make available to the public, either FTA's
license in the copyright to any subject data developed in the course of that contract, or a copy
of the subject data first produced under the contract for which a copyright has not been
obtained. If the experimental, developmental, or research work, which is the subject of the
underlying contract, is not completed for any reason whatsoever, all data developed under that
contract shall become subject data as defined in subsection (a) of this clause and shall be
delivered as the Federal Government may direct. This subsection (c) , however, does not
apply to adaptations of automatic data processing equipment or programs for the Purchaser or
Contractor's use whose costs are financed in whole or in part with Federal assistance provided
by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser
and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its
officers, agents, and employees acting within the scope of their official duties against any
liability, including costs and expenses, resulting from any willful or intentional violation by the
Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the
publication, translation, reproduction, delivery, use, or disposition of any data furnished under
that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the
Federal Government for any such liability arising out of the wrongful act of any employee,
official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or other
right otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using
Federal assistance provided by the Federal Government that has been incorporated into work
required by the underlying contract to which this Attachment has been added is exempt from
the requirements of subsections (b), (c), and (d) of this clause , provided that the Purchaser or
Contractor identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements
in each subcontract for experimental, developmental, or research work financed in whole or in
part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (i.e. , a large business, small business, state government
or state instrumentality, local government, nonprofit organization, institution of higher education,
individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to
provide, through FTA, those rights in that invention due the Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401.
21
(4) The Contractor also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by FTA.
B. Patent Rights - This following requirements apply to each contract involving experimental,
developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually
reduced to practice in the course of or under the contract to which this Attachment has
been added, and that invention, improvement, or discovery is patentable under the laws
of the United States of America or any foreign country, the Purchaser and Contractor
agree to take actions necessary to provide immediate notice and a detailed report to the
party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (a large business, small business, state
government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual), the Purchaser and the Contractor agree to take the
necessary actions to provide, through FTA, those rights in that invention due the Federal
Government as described in U.S. Department of Commerce regulations, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each
subcontract for experimental, developmental, or research work financed in whole or in
part with Federal assistance provided by FTA.
22
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the
maximum opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part
23 apply to this agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409
CFR Part 23, have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this Agreement. In
this regard, all grantees and vendors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT-assisted contracts.
Disadvantaged Business Enterprise Provision
1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match
projected procurements with available qualified disadvantaged businesses. the City of Fort
Collins goals for budgeted service contracts, bus parts, and other material and supplies for
Disadvantaged Business Enterprises have been established by the City of Fort Collins as set
forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and
amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is
considered pertinent to any contract resulting from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special
Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and
good faith efforts to involve DBE's in the work provided, the City of Fort Collins may declare the
Contractor noncompliant and in breach of contract. If a goal is not stated in the Special
Specifications, it will be understood that no specific goal is assigned to this contract.
(a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as
amended in Section 106(c) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987, shall have the maximum opportunity to participate in the
performance of Contract financed in whole or in part with federal funds under this
Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section
106(c) of the STURAA of 1987, apply to this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of
the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Agreement. In this regard, the Contractor shall take all
necessary and reasonable steps in accordance with the regulations to ensure that DBEs have
the maximum opportunity to compete for and perform subcontracts. The Contractor shall not
discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in
the award and performance of subcontracts.
It is further the policy of the City of Fort Collins to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all
phases of the City of Fort Collins procurement activities are encouraged.
23
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that
disadvantaged businesses have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with federal funds provided under the
Agreement. In that regard, all Contractors and subcontractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority
business enterprises have the maximum opportunity to compete for and perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts to involve DBE's in the work provided, the City of Fort Collins may declare the contractor
noncompliant and in breach of contract.
(d) The Contractor will keep records and documents for a reasonable time following
performance of this contract to indicate compliance with the City of Fort Collins DBE program.
These records and documents will be made available at reasonable times and places for
inspection by any authorized representative of the City of Fort Collins and will be submitted to
the City of Fort Collins upon request.
(e) the City of Fort Collins will provide affirmative assistance as may be reasonable and
necessary to assist the prime contractor in implementing their programs for DBE participation.
The assistance may include the following upon request:
* Identification of qualified DBE
* Available listing of Minority Assistance Agencies
* Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
(a) Disadvantaged business "means a small business concern":
i. Which is 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
ii. Whose management and daily business operations are controlled by one or more
of the socially and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in the
case of any publicly owned business, at least 51 % of the stock of which is owned by
one or more women individuals; and
iv. Whose management and daily business operations are controlled by one or more
women individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix B - (Section 106(c)) Determinations of Business Size.
(c) "Socially and economically disadvantaged individuals" means those individuals who are citizens
of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted
permanent residents) and who are black Americans, Hispanic Americans, Native Americans,
24
Asian-Pacific Americans, Asian-Indian Americans, or women, and any other minorities or
individuals found to be disadvantaged by the Small Business Administration pursuant to section
8(a) of the Small Business Act.
i. "Black Americans", which includes persons having origins in any of the Black racial
groups of Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central
or South American, or other Spanish or Portuguese culture or origin, regardless of race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts,
or Native Hawaiians;
iv. "Asian-Pacific Americans", which includes persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust
Territories of Pacific, and the Northern Marianas;
v. "Asian-Indian Americans", which includes persons whose origins are from India,
Pakistan, and Bangladesh.
25
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any share
or part of this Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
No employee, officer, or agent of the grantee shall participate in selection, or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such
conflict would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner; or an
organization which employs, or is about to employ, has a financial or other interest in the firm
selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or parties
of subagreements.
26
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.ID
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
the City of Fort Collins requests which would cause the City of Fort Collins to be in violation of
the FTA terms and conditions.
1
Section 6.0: Evaluation
6.1 Evaluation and Assessment of Proposal
An evaluation committee shall rank the interested firms based on their written proposals using
the ranking system set forth below. Firms shall be evaluated on the following criteria. We may
or may not hold oral interviews on selected firms.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an
outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the
qualification.
Weighting
Factor
Qualification Standard
2.0 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?
4.0 Personnel How much relevant experience does the consultant
bring to the project?
1.0 Availability Are the personnel available to complete the work in the
time frame required?
1.0 Motivation Is the firm interested and are they capable of doing the
tasks identified in the scope of work in the required time
frame?
2.0 Cost and Work Hours Are the work hours presented reasonable for the effort
required in each project task or phase?
2.0 Firm Capability Has the firm successfully completed similar projects on
time and within the allotted budget?
00
2
Reference Evaluation (Top-ranked firms)
The Project Managers will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory / Unsatisfactory.
a. Overall Performance - Would you hire this company again?
0b. Timetable - Was the original Scope of Work completed within the specified time?
Were interim deadlines met in a timely manner?
c. Completeness - Was the company responsive to client needs; did the company
anticipate problems? Were problems solved quickly and effectively?
d. Budget - Was the original Scope of Work completed within the project budget?
e. Job Knowledge - Did company personnel exhibit the knowledge and skills
necessary for the efficient completion of the Scope of Work?
f. Was the final project completed within the original expectations of the project and
to your satisfaction?
0
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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.
03. 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:
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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 _____ ($_____). Monthly partial payments based upon the Professional's
billings and itemized statements are permissible. The amounts of all such partial payments
shall be based upon the Professional's City-verified progress in completing the services to be
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performed pursuant hereto and upon the City's approval of the Professional's actual
reimbursable expenses. Final payment shall be made following acceptance of the work by the
City. Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates: _____
Reimbursable direct costs: _____
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed _____ ($_____). 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.
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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
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
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Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party 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.
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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