HomeMy WebLinkAboutRFP - P845 EMISSIONS REPAIR SUPPORTAdministrative Services
Purchasing Division
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
EMISSIONS REPAIR SUPPORT
Proposal No. P- 845
PROPOSAL DATE: 3:00 p.m. (our clock) JULY 1, 2002
215 North Mason Street - 2nd Floor - P.O. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6775 - FAX (970) 221-6707
6.2 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?
b. 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?
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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
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 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 performed pursuant hereto
and upon the City's approval of the Professional's actual reimbursable expenses. Final payment
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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 11 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 often (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
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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.
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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.
THE CITY OF FORT COLLINS, COLORADO
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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]
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Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
(Corporate Seal)
Corporate Secretary
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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
Attachment A
Page 2
Page 3
Page 4
Page 5-
Page 10
Page 11
Page 12-15
Page 16-17
Page 18
Page 19
Page 20-22
Page 23-25
Page 26
Page 27
Page 28
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.
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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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TABLE OF CONTENTS
Request for Proposal
Proposal Requirements
Background
Scope of Work
Deliverables
Pricing
Evaluation
Professional Services Agreement (Sample)
Federal Requirements
Attachment A
Page 1-2
Page 1
Page 1-2
Page 2-3
Page 3-4
Page 4
Page 1-2
Page 1-6
Page 1-27
Page 28
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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 (bx2xB) 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
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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 01 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
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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.
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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.
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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.
11
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
12
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 [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
13
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
EMISSIONS REPAIR SUPPORT
Proposal No. P- 845
The City of Fort Collins is soliciting proposals from firms for the creation of a local "Emissions Repair
Guide" and the development and implementation of an associated Mechanic Recognition Program.
Modern vehicles have increasingly complex on -board diagnostic computer systems that require
frequent training to conduct effective repairs. The project aims to encourage mechanic training by
recognizing shops who participate, and to provide that information to the public.
Written proposals, five (5) 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), July 1, 2002. Proposal No. P-845. If delivered, they are to be sent to 215 North Mason
Street, 2"d 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 Lucinda Smith, (970) 221-6600
Project Manager.
Questions regarding proposals submittal or process should be directed to Jim Hume, CPPB, Senior
Buyer, (970) 221-6776.
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 #30845.
2. Download the Proposal/Bid from the Purchasing Webpage,
www.fcqov.com/purchasing.
3. Come by Purchasing at 215 North Mason St., 2"d 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.
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
14
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
16
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.
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
parry 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.
M
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 at 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 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 (2Xb)I and (2Xb)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
20
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 Contractors 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.
(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:
21
(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
23
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,
& QQ �IL
Jam s B. O'Neill II, CPPO, FNIGP
i ctor of Purchasing & Risk Management
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.
(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.
24
(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.
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.I1)
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.
011
ATTACHMENT A
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100, 000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section
10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. ❑ 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, at seq., apply to this
certification and disclosure, if any.
Signature of Contractor's Authorized Official
Date
Name and Title of Contractor's Authorized Official
m
Section 1.0: Proposal Requirements
1.1 General Description
The City of Fort Collins is soliciting proposals for the creation of a local "Emissions Repair Guide"
and the development and implementation of an associated Mechanic Recognition Program. Modem
vehicles have increasingly complex on -board diagnostic computer systems that require frequent
training to conduct effective repairs. The project aims to encourage mechanic training by
recognizing shops who participate, and to provide that information to the public.
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
A consultant or research group 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 with
automotive repair, especially OBD systems, and familiarity with marketing and public outreach
principles.
Section 2.0: Background
2.1 Project Background
The engines in today's vehicles are largely electronically controlled. Sensors and actuators
sense the operation of specific components (e.g., the oxygen sensor) and actuate others (e.g.,
the fuel injectors) to maintain optimal emissions control. An on -board computer controls all of
these systems. The sensors and actuators, along with the diagnostic software in the on -board
computer, make up what is called the OBD (on -board diagnostics) system. When the OBD
system determines that a problem exists, a diagnostic trouble code is stored in the computer's
memory. Scanning these codes can aid technicians in diagnosing and repairing vehicles. The
computer also illuminates the dashboard "check engine light", prompting motorists to have their
vehicle evaluated. By detecting these emission -related failures and alerting the driver to the
need for potential repair, EPA hopes that vehicles will be properly repaired before emissions
become a problem.
EPA was expected to complete rule -making that would require OBD system checks as part of
I/M programs beginning in 2001. Although this has been postponed, it is still very important for
both the public and the repair industry to have a good understanding of OBD technology, as an
ever-increasing percentage of vehicles are equipped with OBD systems.
Section 3.0: Scope of Work
Task 1. Participate on the Project Advisory Committee
The Service Provider shall participate on the Project Advisory Committee convened by the
project manager. The Advisory Committee is expected to consist of at least one CDPHE APCD
staff, two local technicians and/or shop owners, the project manager, and staff from the Service
Provider. It is anticipated the Project Advisory Committee will meet 4-6 times between mid June
and late November 2002, for 1 — 1.5 hours each time.
It is critically important to have the input and support of the repair industry for this program to be
successful. The Service Provider will provide advice, planning, and oversight for one focus
group to gather input about Emissions Repair Guide and the Mechanic Recognition Program.
The Service Provider will work with City of Fort Collins staff to implement the focus group. In
addition, the Service Provider will advise the City on a mail -in survey to seek feedback from a
broader sector of the repair industry. (The City will conduct the survey and cover all expenses
associated with the focus group and the survey.) The Service Provider will also prepare a brief
written report summarizing the results of the survey and focus groups and present the results to
the Project Advisory Committee.
Task 3. Develop a local Emissions Repair Guide
With oversight from the Project Advisory Committee, the Service Provider will develop a local
Emissions Repair Guide. It is anticipated this guide will include the following parameters:
• Shop name, address, phone, hours
• Types of vehicles repaired
• OBD Repairs?
• ASE Certified?
• ASA member?
• OBD Training?
• Other Training?
• Better Business Bureau Member?
Development of the guide shall include:
• Decision on final list of parameters to include, especially whether on not to include a
numeric estimate of `repair effectiveness, and rationale behind that decision
• Detailed guidelines on how to solicit shop or mechanic participation (voluntary,
mandatory, etc.)
• Data collection and update protocol (including update frequency) and accompanying
`a
documentation
• Guidelines for method of distributing the guide to the public
• At least two graphic design templates for the Advisory Committee to select from
• Budget estimates and printing or reproduction suggestions
• One final product, ready to be distributed to the public
Task 3. Develop Mechanic Recognition Program
Develop a Mechanic Recognition Program that would recognize technicians, service writers, and
shops for effective emissions repairs and/or participation in training, and/or other issues
identified Project Advisory Committee.
With input from the focus group and the Project Advisory Committee, the Service Provider shall:
• identify criteria for recognition
• recommend type of recognition (plaque, advertising, jackets, cash, other) and associated
budget
• Insure the recognition program is compatible with and supportive of becoming listed in
the Emissions Repair Guide
• Insure that the program is compatible with efforts of CDPHE to introduce the "Top Tech"
program into the North Front Range.
• identify methods to inform the public and auto industry peers of shops and/or technicians
who have received recognition.
Recommend details for recognition event, including notification/invitation procedures, location,
and date/time suggestions. Assist City of Fort Collins staff in conducting the recognition event.
3.2 Timeline
The project, including the recognition event itself, must be completed by December 31, 2002.
3.3 Billing
The consultant will be paid on a cost reimbursement basis.
Invoices will be submitted monthly, with the final invoice to be submitted no later than January 15,
2003.
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
• One written summary report of the focus group and survey results
• Emissions Repair Guide protocol document including
- Detailed guidelines on how to solicit shop or mechanic participation (voluntary,
mandatory, etc.)
3
- Data collection and update protocol (including update frequency)
- Guidelines for method of distribution to the public
• Data collection system (i.e. Excel file) containing data
• Graphic template for Emissions Repair Guide
• One camera-ready Emissions Repair Guide, no later than December 1. 2002
• One copy of written guidelines for ongoing implementation of Recognition Program, including
- Frequency of event
- Types of prizes
- Methods of soliciting nominations or participation by shops
- Methods of informing the public of results
Section 5.0: 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 rate.)
12
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.
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
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
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
Are the work hours presented reasonable for the
Hours
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?