HomeMy WebLinkAboutCHANGE ORDER - GENERAL CORRESPONDENCE - UPPER FRONT RANGE REGIONAL TRANSPORTATION PLANCHANGE ORDER NO. 1
PROJECT TITLE: Professional Services Agreement - Work Order Type
CONTRACTOR: Felsburg Holt & Ullevig
PROJECT NUMBER: n/a
PURCHASE ORDER M n/a
DESCRIPTION: Change to original Professional Services Agreement (PSA) language
1. Reason for Change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST:
See attached
Changes to original PSA language as attached
$0.00
None
TOTAL APPROVED CHANGE ORDERS:
TOTAL PENDING CHANGE ORDERS:
TOTAL THIS CHANGE ORDER:
TOTAL % OF ORIGINAL CONTRACT, THIS C.O.:
TOTAL % OF ORIGINAL CONTRACT, ALL C.O.'S.:
ADJUSTED CONTRACT COST
(Assuming all change orders approved)
ACCEPTED BY: Ltf2��J
Contractor's Representative
ACCEPTED BY: i l (PLC!!
-" Prjec_oAanager
0.00%
0.00%
REVIEWED BY:
Name / Title
APPROVED BY:
Name / Tifv
/D
APPROVED BY: G�
Puh tasi Agent over $30,000
DATE: L C7
DATE:
DATE:
DATE: 03
DATE:
cc: Purchasing
u:\forms\Professional Services Agreement_FHU_ Change Order 4/29/2003
Contractor, the NFRT & AQPC, 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 NFRT & AQPC 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 NFRT & AQPC' 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 NFRT & AQPC setting forth the nature of said breach or default, the NFRT & AQPC 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 NFRT & AQPC 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 NFRT & AQPC elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the NFRT & AQPC shall not limit the NFRT & AQPC' 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 NFRT & AQPC may
terminate this contract for default. The NFRT & AQPC 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 NFRT & AQPC may terminate this contract for default. The NFRT & AQPC 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 NFRT & AQPC, protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and the NFRT & AQPC shall agree on
payment for the preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
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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 NFRT & AQPC.
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 NFRT & AQPC may
terminate this contract for default. The NFRT & AQPC shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient
may take over the work and compete it by contract or otherwise, and may take possession of and use
any materials, appliances, and plant on the work site necessary for completing the work. The
Contractor and its sureties shall be liable for any damage to the Recipient resulting from the
Contractor's refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any increased costs
incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor changed with
damages Under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of God,
acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient,
epidemics, quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the NFRT & AQPC in
writing of the causes of delay. If in the judgment of the NFRT & AQPC, the delay is excusable, the
time for completing the work shall be extended. The judgment of the NFRT & AQPC 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 NFRT &
AQPC 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 NFRT & AQPC 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
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(2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract, whether
completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contact or otherwise and the Contractor shall be liable for any additional
cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the termination
had been issued for the convenience of the Recipient.
i. Termination for Convenience of Default (Cost -Type Contracts) The NFRT & AQPC 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 NFRT & AQPC 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 NFRT & AQPC, or
property supplied to the Contractor by the NFRT & AQPC. If the termination is for default, the
NFRT & AQPC 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 NFRT & AQPC and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the NFRT & AQPC, 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 NFRT & AQPC 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 NFRT & AQPC, after setting up a
new work schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49
CFR Part 29
Executive Order 12549
Instructions for Certification
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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 NFRT & AQPC may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the NFRT &
AQPC 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 NFRT & AQPC 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 NFRT &
AQPC.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous, A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List issued by
U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
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9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to all remedies available to the Federal Government, the NFRT & AQPC may pursue
available remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that
neither it nor its "principals" [as defined at 49 C.F.R. 29.105(p)] is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and
those files are organized so that information could be retrieved by personal identifier, the Privacy
Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each
third party contractor and their contracts at every tier.
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.
552a. Among other things, the Contractor agrees to obtain the express consent of the Federal
Government before the Contractor or its employees operate a system of records on behalf of the
Federal Government. The Contractor understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in termination of
the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C.? 623,42 U.S.C. 2000
42 U.S.C.? 6102, 42 U.S.C. 12112
42 U.S.C.? 121329 49 U.S.C. 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
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Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit
law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulations and
other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights
Act, as amended, 42 U.S.C.? 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et cet., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment
Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construction activities undertaken in
the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race,
color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of U.S.
Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment
of persons with disabilities. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
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(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A,
Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is
governed by Federal law and regulation. For data rights, the text on copyrights is
insufficient to meet FTA's purposes for awarding research grants. This model clause, with
larger rights ,as a standard, is proposed with the understanding that this standard could be
modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
A. Rights in Data - This following requirements apply to each contract involving
experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or
not copyrighted, that is delivered or specified to be delivered under the contract. The term
includes graphic or pictorial delineation in media such as drawings or photographs; text in
specifications or related performance or design -type documents; machine forms such as
punched cards, magnetic tape, or computer memory printouts; and information retained in
computer memory. Examples include, but are not limited to: computer software,
engineering drawings and associated lists, specifications, standards, process sheets,
manuals, technical reports, catalog item identifications, and related information. The term
"subject data" does not include financial reports, cost analyses, and similar information
incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance
of the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may the
Purchaser or Contractor authorize others to do so, without the written consent of the
Federal Government, until such time as the Federal Government may have either
released or approved the release of such data to the public; this restriction on publication,
however, does not apply to any contract with an academic institution. (b) In accordance
with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government reserves a royalty -
free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to
authorize others to use, for "Federal Government purposes," any subject data or copyright
described in subsections (2)(b)I and (2)(b)2 of this clause below. As used in the previous
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sentence, "for Federal Government purposes," means use only for the direct purposes of
the Federal Government. Without the copyright owner's consent, the Federal Government
may not extend its Federal license to any other party.
1. Any subject data developed under that contract, whether or not a copyright has
been obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal
assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, it is FTA's general intention to increase transportation knowledge available
to the public, rather than to restrict the benefits resulting from the work to participants in
that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor
performing experimental, developmental, or research work required by the underlying
contract to which this Attachment is added agrees to permit FTA to make available to the
public, either FTA's license in the copyright to any subject data developed in the course of
that contract, or a copy of the subject data first produced under the contract for which a
copyright has not been obtained. If the experimental, developmental, or research work,
which is the subject of the underlying contract, is not completed for any reason
whatsoever, all data developed under that contract shall become subject data as defined
in subsection (a) of this clause and shall be delivered as the Federal Government may
direct. This subsection (c), however, does not apply to adaptations of automatic data
processing equipment or programs for the Purchaser or Contractor's use whose costs are
financed in whole or in part with Federal assistance provided by FTA for transportation
capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the
Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal
Government, its officers, agents, and employees acting within the scope of their official
duties against any liability, including costs and expenses, resulting from any willful or
intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or
right of privacy, arising out of the publication, translation, reproduction, delivery, use, or
disposition of any data furnished under that contract. Neither the Purchaser nor the
Contractor shall be required to indemnify the Federal Government for any such liability
arising out of the wrongful act of any employee, official, or agents of the Federal
Government.
(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 entirelywithout 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
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exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that
the Purchaser or Contractor identifies that data in writing at the time of delivery of the
contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research work
financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status i.e., a large business, small business, state
government or state instrumentality, local government, nonprofit organization, institution of
higher education, individual, etc.), the Purchaser and the Contractor agree to take the
necessary actions to provide, through FTA, those rights in that invention due the Federal
Government as described in U.S. Department of Commerce regulations, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving
experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually
reduced to practice in the course of or under the contract to which this Attachment has
been added, and that invention, improvement, or discovery is patentable under the laws of
the United States of America or any foreign country, the Purchaser and Contractor agree
to take actions necessary to provide immediate notice and a detailed report to the party at
a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (a large business, small business, state government
or state instrumentality, local government, nonprofit organization, institution of higher
education, individual), the Purchaser and the Contractor agree to take the necessary
actions to provide, through FTA, those rights in that invention due the Federal
Government as described in U.S. Department of Commerce regulations, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each
subcontract for experimental, developmental, or research work financed in whole or in part
with Federal assistance provided by FTA.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
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DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds under this
Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR Part 23,
have the maximum opportunity to participate in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this Agreement. In this regard, all grantees and vendors
shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE
have the maximum opportunity and shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of DOT -assisted contracts.
Disadvantaged Business Enterprise Provision
1. The Federal Fiscal Year goal has been set by the NFRT & AQPC in an attempt to
match projected procurements with available qualified disadvantaged businesses. the
NFRT & AQPC goals for budgeted service contracts, bus parts, and other material and
supplies for Disadvantaged Business Enterprises have been established by the NFRT &
AQPC 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 NFRT & AQPC 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 NFRT & AQPC
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended
in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of
1987, shall have the maximum opportunity to participate in the performance of Contract
financed in whole or in part with federal funds under this Agreement. Consequently, the
DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply
to this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the
STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds
provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable
steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete
for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national
origin, religion, sex, age or physical handicap in the award and performance of subcontracts.
It is further the policy of the NFRT & AQPC to promote the development and increase the participation of
businesses owned and controlled by disadvantaged. DBE involvement in all phases of the NFRT & AQPC
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CHANGE ORDER #1
CHANGES IN LANGUAGE TO
PROFESSIONAL SERVICES AGREEMENT - WORK ORDER TYPE
BETWEEN THE CITY OF FORT COLLINS, COLORADO AND
FELSBURG HOLT & ULLEVIG
DATED 1/31/00
Pursuant to the above referenced contract, it is understood and agreed that:
Wherever the Agreement refers to "City", the North Front Range Transportation & Air Quality Planning
Council is assumed to be included, as referenced in the original Request for Proposal No. P-736.
2. Paragraph 1, Scope of Services, is not limited to just Work Orders for Garden City Transportation
Analysis and Feasibility Study/Conceptual Design US 287/SH 56, but rather it can include any work
defined in any Work Order during the term of the contract, as referenced in the original Request for
Proposal No. P-736.
3. Paragraph 5, Early Termination by City/Notice, is hereby modified to change the notice section to the
following:
Professional:
Robert W. Felsburg
Felsburg Holt & Ullevig
7951 E Maplewood Ave
Englewood, CO 80111
NFRT & APPC/City:
Suzette Thieman
NFRT & AQPC
235 Mathews Street
Ft. Collins, CO 80524
With copy to:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing
and Risk Management
City of Ft. Collins
PO Box 580
Ft. Collins, CO 80522
4. That Paragraph 18, Special Provisions, is amended to read as follows:
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in Exhibit "C", consisting of twenty (20) pages, attached hereto and
incorporated herein by this reference.
5. That Exhibit "C", Federal Requirements is amended as attached.
procurement activities is encouraged
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that
disadvantaged businesses have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with federal funds
provided under the Agreement. In that regard, all Contractors and subcontractors shall
take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended,
to ensure that minority business enterprises have the maximum opportunity to compete for
and perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and
good faith efforts to involve DBE's in the work provided, the NFRT & AQPC 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 NFRT &AQPC DBE program.
These records and documents will be made available at reasonable times and places for
inspection by any authorized representative of the NFRT & AQPC and will be submitted to
the NFRT & AQPC upon request.
(e) The NFRT & AQPC 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
19
iv. Whose management and daily business operations are controlled by one or more
women individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the
Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size.
(c) "Socially and economically disadvantaged individuals" means those individuals who
are citizens of the United States (or lawfully admitted permanent residents) and States (or
lawfully admitted permanent residents) and who are black Americans, Hispanic
Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or
women, and any other minorities or individuals found to be disadvantaged by the Small
Business Administration pursuant to section 8(a) of the Small Business Act.
i. "Black Americans", which includes persons having origins in any of the Black racial
groups of Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of
race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos,
Aleuts, or Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S.
Trust Territories of Pacific, and the Northern Marianas;
V. "Asian -Indian Americans", which includes persons whose origins are from India,
Pakistan, and Bangladesh.
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
No employee, officer, or agent of the grantee shall participate in selection, or in the award or administration of
a contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner; or
an organization which employs, or is about to employ, has a financial or other interest in
the firm selected for award. The grantee's officers, employees, or agents shall neither
solicit nor accept gratuities, favors or anything of monetary value from contractors,
potential contractors, or parties of subagreements.
20
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 NFRT & AQPC requests which would
cause the NFRT & AQPC to be in violation of the FTA terms and conditions.
21
EXHIBIT "C" - FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Lobbying
Access to Records and Reports
Federal Changes
Contract Works Hours and Safety Standards
No Government Obligation to Third Parties
Program Fraud and False or Fraudulent Statements
Termination
Government -wide Debarment and Suspension (Non -procurement)
Privacy Act
Civil Rights Requirements
Patent and Rights in Data
Disadvantaged Business Enterprise (DBE)
Interests of Members of or Delegates to Congress
Prohibited Interest
Incorporation of Federal Transit Administration (FTA) Terms
LOBBYING31 U.S.C. 135249 CFR Part 1949 CFR Pert 20
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Page 2
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Page 3-6
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Page 10-11
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Page 12-14
Page 14-16
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Page 16-17
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Byrd Anti -Lobbying Amendment, 31 U.S.C.1362, 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.
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to records
requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser,
the FTA Administrator, the Comptroller General of the Unites States or any of their authorized
representatives access to any books, documents, papers and records of the Contractor which are directly
pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO Contractor access to Contractor's records and construction sites
pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the
Comptroller General of the Unites States or any of their duly authorized representatives with access to any
books, documents, papers and record of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions.
3. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)(1) through other than competitive bidding, the Contractor shall make available records related to the
contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized
officer or employee of any of them for the purposes of conducting an audit and inspection.
4. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
5. The Contractor agrees to maintain all books, records, accounts and reports required under this contract
for a period of not less than three years after the date of termination or expiration of this contract, except in
the event of litigation or settlement of claims arising from the performance of this contract, in which case
Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(11).
FEDERAL CHANGES
49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the Agreement
(Form FTA MA (2) dated October, 1995) between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so comply shall
constitute a material breach of this contract.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.? 827 -333 (1995)
29 C.F.R. 5 (1995)
29 C.F.R. 1926 (1995)
Pursuant to Section 102 (Overtime):
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth
in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages -The NFRT & AQPC 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
El
section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and
that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
Section 107 (OSHA):
Contract Work Hours and Safety Standards Act
(i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety Standards Act,
40 U.S.C. section 333, and applicable DOL regulations, "Safety and Health Regulations for Construction " 29
C.F.R. Part1926. 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 NFRT & AQPC 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 NFRT & AQPC, 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 NFRT & AQPC 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 NFRT & AQPC' 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 NFRT & AQPC setting forth the nature of said breach or default, the NFRT & AQPC 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 NFRT & AQPC 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 NFRT & AQPC elects to waive its remedies for
any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the NFRT &
AQPC shall not limit the NFRT & AQPC' 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 NFRT & AQPC may terminate this contract for default. The NFRT &
AQPC 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 NFRT &
AQPC may terminate this contract for default. The NFRT & AQPC 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 NFRT & AQPC, protect and preserve the goods until surrendered to the Recipient or its
agent. The Contractor and the NFRT & AQPC 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 NFRT & AQPC.
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 NFRT & AQPC may terminate this contract for default. The NFRT &
AQPC shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the
default. In this event, the Recipient may takeover the work and compete it by contractor 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, whetheror notthe 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 NFRT & AQPC in writing of
the causes of delay. If in the judgment of the NFRT & AQPC, the delay is excusable, the time for completing
the work shall be extended. The judgment of the NFRT & AQPC 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 NFRT &
AQPC 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 NFRT & AQPC 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 NFRT & AQPC 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 NFRT & AQPC 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 NFRT & AQPC, or property supplied to the Contractor by the NFRT & AQPC. If the
termination is for default, the NFRT & AQPC 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 NFRT & AQPC and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the NFRT & AQPC, 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 NFRT & AQPC 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 NFRT & AQPC, after setting up a new work schedule, may allow the
Contractor to continue work, or treat the termination as a termination for convenience.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the express
written consent by the Federal Government, the Federal Government is not a party to this contract and shall
not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C.5307
Program Fraud and False or Fraudulent Statements or Related Acts
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that maybe applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded by
FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18
U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
TERMINATION
49 U.S.C.Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The NFRT & AQPC 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
NFRT & AQPC to be paid the Contractor. If the Contractor has any property in its possession belonging to
the NFRT & AQPC, the Contractor will account for the same, and dispose of it in the manner the NFRT &
AQPC 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 NFRT & AQPC 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 NFRT & AQPC 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