HomeMy WebLinkAboutRFP - P856 MODEL AND CODING CONSULTANTCity of Fort Collins
Administrative Services
Purchasing Division
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
Proposal Number P-856
The North Front Range Metropolitan Planning Organization through the City of Fort Collins is
seeking proposals from firms for Travel Demand Modeling Technical Support within the
boundaries of the North Front Range Metropolitan Planning Organization.
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
2:00 p.m. (our clock), August 22, 2002. Proposal No. P-856. 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 Suzette Thieman, Project
Manager, at 970-416-2257.
Questions regarding proposals submittal or process should be directed to Keith I. Ashby, CPPO,
Buyer, 970-416-2191.
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 #30856 (the RFP # must be preceded by 30 when using
the Fax -line to request a copy of the RFP).
2. Download the Proposal/Bid from the Purchasing Webpage,
www.fcqov.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.
cerely,
ames B. O'Neill II, CPPO, FNIGP
r of Purchasing &Risk Management
21520A Mason Street • 2nd Floor • P.O. Box 580 • Fort (jollins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
for contract interpretations, change orders, and other clarification or instruction shall be
directed to the MPO Representative.
8. Project Drawings. [Optional] Upon conclusion of the project and before
final payment, the Professional shall provide the MPO 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 MPO 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 MPO, 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 MPO of Fort
Collins. The MPO 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 MPO 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 MPO.
12. Acceptance Not Waiver. The MPO'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 MPO'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 MPO 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 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.
CITY OF FORT COLLINS, COLORADO
By:
James B. O'Neill II, CPPO
Director of Purchasing & Risk Management
DATE:
THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL (MPO)
By:
Executive Director
[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 Sea[)
Corporate Secretary
EXHIBIT "C" - FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Lobbying
Access to Records and Reports
Federal Changes
Contract Works Hours and Safety Standards
No Government Obligation to Third Parties
Program Fraud and False or Fraudulent Statements
Termination
Governmentwide Debarment and Suspension
(Nonprocurement)
Privacy Act
Civil Rights Requirements
Patent and Rights in Data
Disadvantaged Business Enterprise (DBE)
Interests of Members of or Delegates to Congress
Incorporation of Federal
Transit Administration (FTA) Terms
Page 2
Page 3
Page 4
Page 5-9
Page 10
Page 11
Page 12-14
Page 15-16
Page 17
Page 18
Page 19-21
Page 22-24
Page 25
Page 26
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, at 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.
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).
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.
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 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.
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-
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.
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.
SCOPE OF WORK
Section 1: Proposal Requirements
1.1 General Description & Background Information
The North Front Range Transportation & Air Quality Planning Council (a.k.a. NFR MPO) is
responsible for regional level transportation planning in the North Front Range which includes
the development of a Regional Transportation Plan document every three years. A major
component of this effort is a travel demand model that forecasts travel patterns over a 20 year
period.
The current travel model for the region has a 1998 base year in TransCad software that needs
to be updated and calibrated to a 2000 base year. The MPO has a full time modeler on staff
and the selected firm will work closely with this person on the calibration effort. The selected
firm is expected to act in a mentoring, project development, and training role while actual work
will be performed by MPO staff, with the exception of scripting.
1.2 Proposal Submittal
The NFR MPO shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
Firms submitting proposals shall submit six (6) copies of the proposal with the following
information:
a. Company history, amount of time in the business, and experience in developing
and updating travel demand models 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 Contact
Suzette Thieman, Regional Transportation Planning Manager, NFR MPO, 235 Mathews Street, Fort
Collins, CO 80524. Phone: 970-416-2257; Fax: 970-416-2406; Email: sthieman aanfrmpo.org
2/9/00
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.
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.
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.
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 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.
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 [101 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
(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.
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR
Part29
Executive Order 12549
Instructions for Certification
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.
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.
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 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.
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.
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 at cat., (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) Acme - 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.
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)I 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.
(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.
(a) 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.
(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 - The 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.
1.4 Qualifications
A consultant is being sought to fulfill the tasks outlined in the Scope of Work. At a minimum, the
Service Provider shall be able to demonstrate considerable experience with developing and
calibrating travel models, with at least 2 years experience using TransCad software.
Section 2: Scope of Work
2.1 Services / Tasks
The selected consultant will work with NFR MPO staff in a mentoring, project development, and
training role that will include:
1. Calibration of the regional travel demand model to a 2000 base year incorporating
decennial Census information and results of a recently completed household travel
survey. This calibration will include any changes to existing assumptions or modification
to those assumptions.
2. Incorporate results of the NFR MPO's land use allocation model. (CommuntyViz)
The selected consultant will provide the following service:
3. Modifications to the scripting in GISDK language, as needed, including a user friendly
interface.
The selected firm will be expected to have numerous face to face meeting with NFR staff at the
MPO offices, as frequently as weekly, and offer assistance via e-mail and by telephone as well.
Therefore firms should be aware that the travel budget is limited.
2.2 Timeline:
• Work to begin within seven working days of signing a contract.
• Work to be completed by August 31, 2003.
2.3 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 any travel and materials must be itemized. Copies of receipts must be provided
for any itemized expenses.
2.4 Deliverables:
Deliverables produced cooperatively in conjunction with MPO staff:
• A fully functioning 2000 base year travel demand model for the North Front Range
region (electronic).
2/9/00
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
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 is encouraged.
(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.
(a) 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, 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.
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.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.I13
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.
• Documentation on the modeling process and users guide (electronic and 2 hard copies).
The consultant will perform all scripting modifications (see task 3, Section2.1).
2.5 Pricing
In your written response to this proposal provide pricing to cover the following items:
• An hourly rate and estimated number of hours to complete each task.
• Estimated materials costs.
• Estimated travel expenses (Expenses may not exceed State or Federal per diem rates.)
2/9/00
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. At the option of the City, interviews may
be conducted, but are not required..
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
QUALIFICATION
STANDARD
FACTOR
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?
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
Cost and
Do the proposed cost and work hours compare
Work Hours
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
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?
2/9/00
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
If a study, did it meet the Scope of Work?
If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly? Were
problems corrected quickly and effectively?
2/9/00
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by
and between THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL (MPO) hereinafter referred to as the "MPO" and
_, a corporation, hereinafter referred to as "Professional'.
W ITNESSETH:
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 MPO. Notwithstanding the time periods contained
herein, the MPO 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:
Professional: MPO: With Copy to:
In the event of any such early termination by the MPO, 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 MPO, its
officers and employees in accordance with Colorado law, from all damages whatsoever
claimed by third parties against the MPO; and for the MPO'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 $500,000
combined single limits, and errors and omissions insurance in the amount of
6. Compensation. [Use this paragraph or Option 1 below.] In consideration
of the services to be performed pursuant to this Agreement, the MPO agrees to pay
Professional a fixed fee in the amount of ($ ) 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
MPO-verified progress in completing the services to be performed pursuant hereto and
upon the MPO's approval of the Professional's actual reimbursable expenses. Final
payment shall be made following acceptance of the work by the MPO. Upon final
payment, all designs, plans, reports, specifications, drawings, and other services
rendered by the Professional shall become the sole property of the MPO.
6. Compensation. [Option 1] In consideration of the services to be
performed pursuant to this Agreement, the MPO 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
MPO-verified progress in completing the services to be performed pursuant hereto and
upon the MPO's approval of the Professional's reimbursable direct costs. Final payment
shall be made following acceptance of the work by the MPO. Upon final payment, all
designs, plans, reports, specifications, drawings and other services rendered by the
Professional shall become the sole property of the MPO.
7. MPO Representative. The MPO 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