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HomeMy WebLinkAboutRFP - P842 MASON STREET TRANSPORTATION CORRIDORAdministrative Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS MASON STREET TRANSPORTATION CORRIDOR ENVIRONMENTAL ANALYSIS & PRELIMINARY ENGINEERING PROPOSAL NUMBER P-842 The City of Fort Collins is requesting proposals from consulting firms/teams to address the tasks necessary to conduct the Environmental Analysis (EA) and Preliminary Engineering (PE) for the Mason Street Transportation Corridor (MSTC) project. Written proposals, ten (10) 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), June 26, 2002. Proposal No. P-842. 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. A pre -proposal meeting will be held on June 11, 2002 from 1:30 to 3:30 p.m. in the Community Room at 215 North Mason Street. The successful firm/team will thoroughly address all of the tasks, issues, and products identified in their proposal, possess the requisite skills necessary to complete the project on time and within the established budget, and be motivated to work with staff, citizens, and governing bodies to accomplish the goals and objectives associated with this project. This project is partially funded by Federal sources. The contract goal for UDBE participation in this Contract will be met with certified DBE's who have been determined to be underutilized on professional srvices contracts. At this time, all DBE's are considered to be UDBE's. The UDBE goal for this project has been established as 11 percent. The budget for this project is sufficient to cover the costs to perform the tasks necessary to complete this project. Tasks include, but are not limited to, those outlined in the attached preliminary Scope of Work. The work program for EA and PE will be structured based upon annual local and federal funding commitments. Should the anticipated local and/or federal funding or New Starts application process fluctuate or be delayed, the City reserves the right to adjust this scope of work. At a minimum, the City intends to complete the EA and PE work for the full length of the MSTC corridor. However, if federal funding is not realized for the Bus Rapid Transit portion of the project, then the City will pursue final design and construction of the bicycle/pedestrian trail system from Prospect Road to'/2 mile south of Harmony Road. Proposers should note that cost, along with demonstrated knowledge and experience performing this type of work, will be important elements in selecting the successful firm/team to be awarded a contract through this Request For Proposals (RFP) process. Questions concerning the scope of the project should be directed to Kathleen Reavis, (970) 224-6141, Project Manager. Questions regarding proposals submittal or process should be directed to John Stephen, CPPB, Senior Buyer, (970) 221-6777. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Cgllins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 The consultant firm/team will be expected to provide additional modeling support for this project, in particular to address the FTA New Starts requirements such as updated ridership projections and transportation system user benefit measures. The PE plans must include all aspects of the MSTC corridor, including improvements associated with the following elements: 1. Bicycle/pedestrian paths, bikelanes, sidewalks, rest areas, and street and railroad crossings (at grade & grade separated). Note: all railroad crossings are intended to be grade separated. 2. BRT system guideway and shared vehicle lanes, stations (including the South Transit Center), vehicles (including technology, fuel type and associated fueling station requirements, & operations/maintenance requirements), fare collection system design, and street crossings (at grade). 3. Roadways, intersections, traffic signalization, ITS applications, downtown one-way couplet analysis for Mason/Howes streets, and all east -west connections. 4. Realignment of McClelland and Mason streets, north of Horsetooth Road. This work will need to include a short-term design based upon existing land uses as well as a long-term design option based upon future redevelopment of these properties. This design work will need to be coordinated with the separate land -use project for the MSTC. 5. Analysis of the Drake Road crossing to determine the feasibility of depressing Drake under the railroad tracks and the MSTC bike/pedestrian and BRT facilities. If feasible and practical, then the City will have the option to pursue expanding this scope of work to include the design for this grade separated vehicle crossing. 6. Layout for parking areas downtown along Mason Street (on -street parking), on -campus at Colorado State University, and at designated park-n-rides. 7. Emergency vehicle access. 8. BNSF, PUC, FRA safety requirements. 9. Landscaping, streetscapes, signage, lighting, public art, and other visual amenities. 10. Mitigation measures to address potential impacts associated with the project. 11. Design solutions to interim conditions as well as long-term, preferred designs for portions of the corridor with existing constraints. Particular design attention needs to be given to Americans with Disabilities Act requirements as it pertains to pedestrians and transit riders, the needs of the elderly, public safety and security including Crime Prevention Through Environmental Design techniques, BNSF requirements, as well as environmentally sensitive design techniques. ♦ Design review and approval will need to follow established City, CSU, CDOT, FTA, FHWA, and BNSF/PUC/FRA processes. Advisory review by other local and federal agencies shall be incorporated as appropriate. ♦ As a separate but related project, the City of Fort Collins' Current Planning department is working on a land-use/urban design project associated with the MSTC project. The consultant firm/team will need to coordinate efforts between the EA/PE phase of the project with this land use/urban design project. ♦ Negotiations with the BNSF Railroad and their consulting real estate firm are a critical component of the MSTC project. The consultant firm/team will need to provide on -going support for City staff throughout this process including written materials, design plans, right-of- way maps, visual simulations, etc. associated with the various safety/operational alternatives that are discussed with BNSF. Successful bidders in this process must provide evidence of prior experience in dealing with railroad companies, and in securing the use of railroad rights -of - way for non -rail uses. A demonstrated, on -going relationship with the BNSF railroad company is required. ♦ Develop a Fleet Management Plan for the City/Transfort in accordance with FTA New Starts program requirements. ♦ Develop a project cost estimate for the MSTC improvements, including cost estimates for various segments of the corridor and a recommended phasing/prioritization plan. The cost estimates must include capital costs, operations and maintenance costs, and fees associated with required local, state, or federal permits. Preliminary/draft cost estimates should be developed by January 2003. *In conjunction with the cost estimating and phasing/prioritization process, develop short-term and long-range financial plans for the MSTC to address the remaining phases of the project including final design, ROW acquisition, and construction, operations, and maintenance. These financial plans must be done in accordance with City and FTA New Starts program Finance Management Plan requirements and meet local and federal funding process submittal deadlines. The Finance Management Plan will need to identify potential resources for the MSTC, including strategies to obtain local (public & private), regional, state, and federal funding opportunities. ♦ Funding for the bicycle/pedestrian path segment of the MSTC project south of Harmony Road has been secured through a CMAQ grant from CDOT. This funding is intended to cover the design and construction of this portion of the project. This segment is approximately Yz mile of bike/pedestrian trail and must be designed to intersect with the City's Parks & Recreation Fossil Creek Trail as well as connect to the corridor's southern terminus transit center. As part of this RFP and scope of work, the City will need to have this portion of the project carried forward to the final design/engineering stage, including ROW acquisition and construction plans/specifications. This work will need to be done in accordance with CDOT/Federal Highway Administration (FHWA) requirements. ♦ As part of the EA/PE phase of the project, the consultant firm/team will be expected to produce the FTA New Starts program application for the final design phase of the project. This application will need to comply with all of the FTA New Starts requirements and include an updated Project Management Plan and schedule for the final design and construction phases of the MSTC project along with the updated Financial Management Plan and the Fleet Management Plan. Include examples of demonstrated experience by the firm/team with obtaining Full Funding Grant Agreements from FTA for New Starts projects. ♦ Should the potential federal FTA New Starts program funding for final design and construction of the BRT portion of the MSTC project be determined to be unavailable or delayed, the City of Fort Collins will have the option to extend this scope of services to include the final design/engineering phase for the bicycle/pedestrian trail portion of the project from Prospect Road to south of Harmony Road as specified in the City's Building Community Choices program and the CMAQ contract with CDOT. ♦ Develop and implement an extensive public relations and involvement process throughout the course of the EA and PE phase of the MSTC project. This community outreach process needs to include the wide variety of potentially affected interests such as multiple City departments, City's Transportation Board, City Council, BNSF Railroad, PUC, FRA, FTA, CDOT, Larimer County, CSU, Colorado State University Research Foundation, the general public, area residents, property/business owners along the corridor, ditch companies, Downtown Development Authority, Downtown Business Association, Mid -Town Merchant Association, Chamber of Commerce, Fort Collins' Commission on Disabilities, civic organizations, bicycle/pedestrian/transit advocacy groups, developers, realtors, and other local and regional interest groups as necessary. This process needs to be supported, at a minimum, by extensive graphics, visual simulations, public mailings, presentation materials, press releases/media events, written materials, web site development/maintenance, and attendance at numerous public meetings. At a minimum, there will be six meetings with City Council and/or other Boards & Commissions, six community meetings, and 25 agency meetings over the 18 month schedule — attendance by the consulting firm/team representative(s) should be anticipated at key public meetings. The community outreach project will need to be well documented for City, FTA, and the public throughout the EA/PE phase of the project. Include examples of demonstrated experience by the firm/team of successful public relations programs for projects similar to the MSTC. V. Contact Information Project Manager— MSTC Preliminary Engineering & Environmental Analysis Phase Kathleen Reavis Senior Transportation Planner City of Fort Collins' Transportation Planning Office 215 North Mason Street, P.O. Box 580 Fort Collins, Colorado 80522-0580 Phone (970) 224-6140 Fax (970) 221-6239 E-mail: kreavis@fcgov.com REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 3.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 1.0 UDBE Goal Has the Professional met the UDBE Goal 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 a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 2/9/00 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 W ITNESSETH: hereinafter referred to as "Professional". 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: PSA 05/01 1 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 PSA 05/O1 2 actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction. PSA 05101 3 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the PSA 05/01 4 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. PSA 05101 5 A copy of the Proposal may be obtained as follows: 2. 3. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #30842. Download the Proposal/Bid from the Purchasing Webpage, Owww.fcqov.com/purchasing. 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. 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, &Jam. O'Neill II, CPPO, FNIGP of Purchasing & Risk Management 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 By: John F. Fischbach City Manager By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] Doing business as _[insert name of business] im Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary (Corporate Seal) PSA 05/01 N FEDERAL REQUIREMENTS TABLE OF CONTENTS Lobbying Page 2 Access to Records and Reports Page 3 Federal Changes Page 4 Contract Works Hours and Safety Standards Page 5-9 No Government Obligation to Third Parties Page 10 Program Fraud and False or Fraudulent Statements Page 11 Termination Page 12-14 Governmentwide Debarment and Suspension (Nonprocurement) Page 15-16 Privacy Act Page 17 Civil Rights Requirements Page 18 Patent and Rights in Data Page 19-21 Disadvantaged Business Enterprise (DBE) Page 22-24 Interests of Members of or Delegates to Congress Page 25 Incorporation of Federal Transit Administration (FTA) Terms Page 26 Certification Regarding Lobbying -Attachment A Page 27 CDOT DBE/UDBE Requirements for this Contact Page 1-7 PSA 10/97 LOBBYING 31 U.S.C. 135249 CFR Part 1949 CFR Part 20 Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C.❑ 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. PSA 10/97 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). PSA 10/97 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. PSA 10/97 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 PSA 10/97 5 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 PSA 10/97 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. PSA 10/97 The Contractor's right to proceed shall not be terminated nor the Contractor changed with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the City of Fort Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Fort Collins shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if 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. PSA 10/97 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. PSA 10/97 9 Administrative Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS MASON STREET TRANSPORTATION CORRIDOR ENVIRONMENTAL ANALYSIS & PRELIMINARY ENGINEERING PROPOSAL NUMBER P-842 PROPOSAL DATE: 3:00 p.m.(our clock) JUNE 26, 2002 215 North Mason Street - 2nd Floor - P.O. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6775 - FAX (970) 221-6707 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 at 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 at 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.fl 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. PSA 10/97 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 Contractor a Notice of Termination specifying the nature of the default. The Contractor will only PSA 10/97 12 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. PSA 10/97 13 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. 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. PSA 10/97 14 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/of 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. 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 PSA 10/97 15 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. PSA 10/97 16 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. [I 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. PSA 10/97 17 CIVIL RIGHTS REQUIREMENTS 29 U.S.C.O 623, 42 U.S.C.? 2000 42 U.S.C.❑ 6102,42 U.S.C.m 12112 42 U.S.C.❑ 12132,49 U.S.C.m 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.2 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = ., (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.7 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.0 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 PSA 10/97 18 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. PSA 10/97 19 (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause , provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. PSA 10/97 20 TABLE OF CONTENTS Request for Proposal Page 1 -2 I. Introduction Page 1 II. Project Background Page 1-2 III. Consultant Selection Process & Project Schedule Page 2 V. Organization Page 2 IV. Scope of Work Page 3 -6 Review and Assessment Page 1-2 Professional Services Agreement (sample) Page 1 - 6 Federal Requirements Page 1 - 26 Certification Regarding Lobbying (Attachment A) Page 27 CDOT DBE/UDBE Requirements For This Contract Page 1 - 7 (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. PSA 10/97 21 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. PSA 10/97 22 It is further the policy of the City of Fort Collins to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of the City of Fort Collins procurement activities are encouraged. (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. PSA 10/97 23 (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. PSA 10/97 24 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. PSA 10/97 25 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. PSA 10/97 26 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, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date PSA 10/97 27 Disadvantaged Business Enterprise Regulations ATTENTION CONSULTANTS - Notice On June 21, 2001, in order to more narrowly tailor CDOT's DBE program to conform with the results of CDOT's 2001 Disparity Study update, the Colorado Transportation Commission adopted Resolution No. 966, which established a new definition of Underutilized DBE (UDBE) for construction contracts and for conultant contracts and set a 10.93% overall annual DBE goal for the remainder of IFFY 2001 and for FFY 2002. The Disparity Study Update found that ALL DBES were underutilized on CDOT construction contracts and on CDOT consultant contracts, i.e., it determined that ALL DBES WILL BE CONSIDERED TO BE UDBES. Since all CDOT DBEs are considered to be UDBEs, CDOT's DBE list will also be the UDBE list. Please contact Judith Lamb, DBE Program Manager with questions about this change. Telephone: 303-757-9148 or 1-800-925-3427 or e-mail Judith. Lamb@dot.state.co.us. October 26. 1999 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 1. Definitions and Procedures - For this project, the following terms are defined: A. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: 1. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and 2. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 3. "Socially and Economically Disadvantaged individuals" means those individuals who are citizens or lawfully admitted permanent residents of the United States and who are: (a) Minorities or individuals found by the Small Business Administration pursuant to Section 8(a) of the Small Business Act to be disadvantaged. (b) Individuals found by the Office of Certification at the Department of Regulatory Agencies to be socially and economically disadvantaged. PSA 10/97 B. DBE Joint Venture. An association of two or more businesses formed to carry out a single business enterprise for profit for which purposes they combine their property, capital, efforts, skills and knowledge. DBE joint ventures must be certified as a joint venture. The DBE percentage of the joint venture will be determined at the time of certification. C. Underutilized DBE (UDBE). A firm which meets the definition of Underutilized Disadvantaged Business Enterprise (UDBE) based on the findings and recommendations of CDOT's Disparity Study and is eligible to meet the contract goal as defined in the paragraph titled "Contract Goal." D.Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the selected consultant, based on the type of work included in each project and the availability of UDBEs capable of performing such work. The Contract goal will be the percentage stated in the invitation for consultant services and in the project documents. E. Certification as a DBE by the Department 1. Any small business may apply to the Department of Regulatory Agencies (DORA) for status as a DBE. Application shall be made on forms provided by the DORA for certification of DBEs. However, only work contracted or subcontracted to DBEs that also qualify as UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the DBE applicant's responsibility to submit applications so that the DORA has sufficient time to render decisions. The DORA will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 1.The Department will prepare, publish or make available from time to time a list of DBE contractors, consultants, vendors and suppliers for the purpose of providing a reference source to assist any consultant in identifying DBEs and UDBEs. Consultants will be solely responsible for verifying the Certification of UDBEs they intend to use prior to submitting a Statement of Interest (SOL) The Business Programs Office in the Center for Equal Opportunity will maintain a current list of eligible DBEs. The DBE list is also available here. 2.Selection of UDBEs by Consultant: A. Consultants shall exercise their own judgments in selecting any subconsultant to perform any portion of the work. 3. Requirements A.The use of UDBEs is an evaluation factor for cosultant selection under Section 24-30- 1403 (2) CRS. All Consultants shall submit with their proposals a list of the names of their UDBE subconsultants to meet the contract goal. PSA 10/97 B.If the Consultant proposes to voluntarily use any non-UDBEs on the project, the Consultant shall also submit the names of those DBEs. However, the non-UDBEs will not be used to meet the UDBE goal for the project. C.Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI scoring. If the consultant doesn't submit sufficient UDBE participation to meet the project goal, they may be awarded from 0 to 4 points, based on the amount of UDBE participation they submit. D.The selected consultant must use the UDBE firms named (if any) in the Statement of Interest for the items of work described. The replacement of a named UDBE firm will be allowed only as provided for in (6) of the DBE Definitions and Requirements. Failure to comply may constitute grounds for default and termination of the Contract. E.Consultant's UDBE Obligation. 1. The Consultant submitting a Statement of Interest and a Work Plan on consultant projects advertised by the Department agrees to ensure that UDBEs, as defined in this special provision, have the maximum opportunity to participate in the performance of contracts or subcontracts. The prime Consultant shall not discriminate on the basis of race, color, national origin, or sex in the selection and bidding process or the performance of contracts. 2.To ensure that UDBEs are offered maximum opportunity to participate in the performance of contracts, it is the responsibility of the prime Consultant to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project, as described in F(4) below B.Counting UDBE Participation Toward Goals 1. Once a firm has been certified as a DBE that qualifies as a UDBE, the total dollar amount of the contract awarded to the firm shall be counted toward the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal." 2. The actual dollar total of a proposed subcontract, supply or service contract with any UDBE firm shall be reported to the Department in the Consultant's Cost Proposal. 3. The eligibility of a proposed UDBE subconsultant will be finally established based on the firm's status at the time the contract is signed. If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the UDBE performing any work, then 100% of the work performed by the firm under that contract may be claimed as eligible work. No work performed by a UDBE firm can be counted toward UDBE participation prior to the firm receiving certification as a DBE. 4. The Consultant may count toward its contract goal only that I1.Y:MAM REQUEST FOR PROPOSAL CITY OF FORT COLLINS MASON STREET TRANSPORTATION CORRIDOR ENVIRONMENTAL ANALYSIS & PRELIMINARY ENGINEERING PROPOSAL NUMBER P-842 The City of Fort Collins is requesting proposals from consulting firms/teams to address the tasks necessary to conduct the Environmental Analysis (EA) and Preliminary Engineering (PE) for the Mason Street Transportation Corridor (MSTC) project. Written proposals, ten (10) 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), June 26, 2002. Proposal No. P-842. 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. A pre -proposal meeting will be held on June 11, 2002 from 1:30 to 3:30 p.m. in the Community Room at 215 North Mason Street. The successful firm/team will thoroughly address all of the tasks, issues, and products identified in their proposal, possess the requisite skills necessary to complete the project on time and within the established budget, and be motivated to work with staff, citizens, and governing bodies to accomplish the goals and objectives associated with this project. This project is partially funded by Federal sources. The contract goal for UDBE participation in this Contract will be met with certified DBE's who have been determined to be underutilized on professional srvices contracts. At this time, all DBE's are considered to be UDBE's. The UDBE goal for this project has been established as 11 percent. The budget for this project is sufficient to cover the costs to perform the tasks necessary to complete this project. Tasks include, but are not limited to, those outlined in the attached preliminary Scope of Work. The work program for EA and PE will be structured based upon annual local and federal funding commitments. Should the anticipated local and/or federal funding or New Starts application process fluctuate or be delayed, the City reserves the right to adjust this scope of work. At a minimum, the City intends to complete the EA and PE work for the full length of the MSTC corridor. However, if federal funding is not realized for the Bus Rapid Transit portion of the project, then the City will pursue final design and construction of the bicycle/pedestrian trail system from Prospect Road to''/z mile south of Harmony Road. Proposers should note that cost, along with demonstrated knowledge and experience performing this type of work, will be important elements in selecting the successful firm/team to be awarded a contract through this Request For Proposals (RFP) process. Questions concerning the scope of the project should be directed to Kathleen Reavis, (970) 224-6141, Project Manager. Questions regarding proposals submittal or process should be directed to John Stephen, CPPB, Senior Buyer, (970) 221-6777. percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A UDBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a UDBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the UDBE, industry practices, and other relevant factors. 5. A UDBE may enter into subcontracts consistent with normal industry practices. If a UDBE subcontracts over 51% of the work of the Contract the UDBE shall be presumed not to be performing a commercially useful function. The UDBE may present evidence to rebut this presumption to the Department. 6. The Consultant may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers specifically for use on the project, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. a. The Consultant may count 100 percent of its expenditures to an UDBE manufacturer if the purchased items are to be used on the project. A UDBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Consultant. b. The Consultant may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the UDBE supplier performs a commercially useful function in the supply process. A supplier is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. c. The Consultant may count toward its UDBE goal the following expenditures to UDBE firms that are not PSA 10/97 manufacturers or suppliers: 1. The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 2. The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3. The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 5. Determination of goal achievement To determine the goals achieved under this Contract, the UDBE participation shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Consultant shall maintain records of payment that show amounts paid to all UDBEs and DBEs. Upon completion of the project, the Consultant shall submit a list of all DBEs (both UDBEs and other DBEs) that participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. The Consultant shall certify the amount paid, which may be audited by the Department. When the participation by UDBEs is less than the Consultant committed to the Department, the Consultant shall submit a statement to CDOT that indicates the amount of participation and gives reasons why it was different from the Consultant's commitment. 6. Replacement of UDBEs used to meet the contract goal PSA 10/97 A. Based upon a showing of good cause the Consultant may request that a UDBE named in the Consultant's Statement of Interest be replaced with another UDBE pursuant to the terms and conditions of this special provision. Replacements will be allowed only with prior written approval of the Department. A. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Consultant shall furnish to the Department the following: 1. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Consultant. 2. A full written disclosure of the circumstances making it impossible for the Consultant to comply with the condition of award. 3. Documentation of the Consultant's assistance to the UDBE named in the Consultant's Statement of Interest. 4. Copies of any pertinent correspondence and documented verbal communications between the Consultant and the named UDBE. 5. Documentation of the Good Faith Efforts in finding a replacement UDBE and the results of the efforts. It is within the control of the Consultant to locate, prior to award, UDBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind replacement. C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Consultant shall furnish to the Department the following: 1. Documentation that the subject UDBE did not perform in a satisfactory manner. 2. Documentation of the Consultant's assistance to the UDBE prior to finding the UDBE in default. 3. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Consultant. 4. Copy of the contract between the Consultant and the UDBE, plus any modifications thereto. 7. Sanctions A. It is the obligation of the Consultant to provide UDBE firms with the maximum opportunity to participate in the performance of the work. PSA 10/97 B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. C. UDBE firms which fail to perform a commercially useful function as described in subsection 4(E) of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. D. A finding by the Department that the Consultant has failed to comply with the terms and conditions of these DBE definitions and requirements may constitute sufficient grounds for default and termination of the Contract. PSA 10/97 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. PSA 10/97 10 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 #30842. 2. Download the Proposal/Bid from the Purchasing Webpage, Owww.fcqov.com/purchasin-g. 3. Come by Purchasing at 215 North Mason St., 2"' floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, Jam s B. O'Neill II, CPPO, FNIGP ctor of Purchasing &Risk Management Introduction The City of Fort Collins is seeking professional consulting services to conduct the Environmental Analysis (EA) and Preliminary Engineering (PE) for the Mason Street Transportation Corridor (MSTC) project. The MSTC project is funded by the City's Building Community Choices % cent sales tax as well as Congestion Mitigation & Air Quality (CMAQ) funds provided by a grant through the North Front Range Transportation & Air Quality Planning Council (NFRT&AQPC) and the Colorado Department of Transportation (CDOT). In addition, the City of Fort Collins is pursuing New Starts program funding from the Federal Transit Administration (FTA). All work associated with this project will need to meet City, CDOT, and FTA requirements II. Project Background In October 2000, the Fort Collins City Council approved the Master Plan for the MSTC. This Master Plan provides a comprehensive vision for the MSTC corridor, including the Bus Rapid Transit (BRT) and bicycle and pedestrian improvements. The MSTC is a five and one-half (5'/2) mile north -south byway within the City of Fort Collins that extends from Cherry Street on the north to approximately'/2 mile south of Harmony Road. The corridor is centered along the Burlington Northern Santa Fe (BNSF) Railway tracks, located a few hundred feet west of College Avenue (US287). The MSTC is envisioned as a transportation corridor that will enhance opportunities for transit riders, pedestrians, and bicyclists. It will also encourage infill development and provide economic opportunities. It will establish a direct north -south route for bicyclists and faster passenger -trip time. This can be achieved by using the MSTC Bus Rapid Transit rather that having to use autos or transit on a congested College Avenue. The BRT system is planned to be composed of fast, high -frequency, transit vehicles that emulate the speed, comfort, and convenience of a light rail transit system. The City of Fort Collins is committed to developing the MSTC project as an aesthetically appealing transportation enhancement for our community, with attractive vehicles, stations, public art, and enhanced landscaping. The project requires multi -agency coordination, including the City, Federal Transit Administration, Colorado Department of Transportation, North Front Range Transportation & Air Quality Planning Council, Burlington Northern Santa Fe Railroad, Federal Railroad Administration (FRA), Public Utilities Commission (PUC), Colorado State University (CSU), Colorado State University Research Foundation (CSURF) and several other local entities. III. Consultant Selection Process & Project Schedule ♦ Project EA & PE — July 2002 through December 2003 ♦ Final Engineering, Right -of -Way Acquisition & Construction — 2004 through 2008 (based on annual funding commitments) This phase of the project will be addressed through a future bid process and is not included in this RFP. The successful consultant firm/team will need to work with the City and other agencies involved in this project to further refine the MSTC project schedule in order to meet strategic timelines and milestones associated with the local and federal evaluation and funding processes. If the project can be accelerated, that would be preferred. IV. Organization ♦ In accordance with the MSTC Project Management Plan that was submitted to FTA as part of the City's New Starts application, the City will have the following organizational structure for the EA/PE phase of this project: 1. Project Directors: Tom Frazier, Transfort/Dial-A-Ride General Manager & Randy Hensley, Transportation Planning & Parking Manager 2. Project Manager: Kathleen Reavis, Senior Transportation Planner 3. Other Key Staff: City staff representing Transportation Services Administration, Transfort, Transportation Planning, Engineering, Traffic Operations, Streets, Community Planning & Environmental Services, Stormwater/Utilities, Parks & Recreation, as well as from other City departments and other agencies will be actively involved on project technical teams. 4. Consultant firm/team: Key personnel from the selected firm/team will be expected to support the primary staff team(s) as well as lead task -related teams throughout the EA/PE phase of the project. These teams will need to include both staff and public involvement teams. ♦ Monthly progress reports will need to be provided by the consultant firm/team to the City and FTA throughout the EA/PE project. ♦ The selected consultant firm/team will be expected to assist the City in developing an expanded project organizational structure to address the various components, tasks, and responsibilities associated with the PE/EA phase of this project. This organizational structure will need to be done in accordance with the existing Project Management Plan approved by FTA and strategically address City and consultant staff, inter -agency relations, and public involvement roles. F V. Scope of Work The following is an outline of a general scope of work. The consultant firm/team should expand each of the tasks listed below. Additional tasks that the consultant firm/team determines necessary to assure a good product should be added to this list. Also, include examples of demonstrated experience by the firm/team for these items: Conduct the Environmental Analysis (EA) for the entire length of the MSTC in accordance with all applicable federal requirements specified by the National Environmental Policy Act (NEPA) and guidelines for the FTA New Starts program. The EA must provide the City of Fort Collins and the FTA with sufficient information to allow the determination of the impact of the project on the environment. Should an Environmental Impact Statement (EIS) be required by FTA, the City will have the option to extend the scope of services for this contract to include this work, or to conduct a separate RFP process. Develop Preliminary Engineering (PE) plans for the full length of the MSTC including civil as well as transit and traffic systems work. The extent of the PE plans should be sufficient to determine sound cost estimates for the bicycle, pedestrian, and BRT components of the project. More detailed engineering work may be required for specific sections of the corridor, such as the grade separated street and railroad crossings, transit stations, or location(s) that have constrained ROW conditions. The design should be based upon the requirements and guidelines found in the following reports: (These documents can be reviewed by contacting the Project Manger.) 1. City of Fort Collins "Mason Street Transportation Corridor Master Plan"2000 2. "Larimer County Urban Area Street Standards" 2001 3. City of Fort Collins "Master Street Plan" February 2002 4. City of Fort Collins "Multimodal Transportation Level of Service Criteria' 1997 5. City of Fort Collins "Pedestrian Plan' 1996 6. City of Fort Collins "Bicycle Program Plan" 1995 7. City of Fort Collins "Design Guidelines for Grade Separated Structures for Pedestrians, Cyclists, & Equestrians" 2001 8. City of Fort Collins Storm Drainage Design Criteria and Construction Standards 9. Larimer County Stormwater Management Manual 10. City of Fort Collins Water and Sewer Standard Construction Specifications 11. Applicable Sections of the City Code, i.e. Chapter 10, Flood Hazard Areas 12. City of Fort Collins Oldtown, Spring Creek, Foothills, McClellands/Mail Creek, and Fossil Creek Stormwater Basin Master Plans 13. Colorado State University Main Campus and Veterinary Teaching Hospital Master Plans City will provide a horizontal and vertical control network for the length of the project, to be used by the consultant's surveyors. City will also provide aerial mapping, existing traffic counts, and all background data that was accumulated and developed during the MSTC Master Plan process.