HomeMy WebLinkAboutRFP - P963 VANGO STRATEGIC BUSINESS PLANCity of Fort Collins REQUEST FOR PROPOSAL
P963 VanGoTM Strategic Business Plan
The City of Fort Collins on behalf of the North Front Range Metropolitan Planning Organization
(NFRMPO) is accepting written proposals from qualified firms. Six (6) will be received at the
City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado
80524. Proposals will be received before 3:00 p.m. (our clock), November 23, 2004. Proposal
No. P963. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins,
Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager John
Daggett (970) 224-6190.
Questions regarding proposals submittal or process should be directed to David M. Carey, C.
P. M. Buyer (970) 416-2191.
A copy of the Proposal may be obtained as follows:
Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #30963.
2. Download the Proposal/Bid from the Purchasing Webpage,
www.fcqov.com/purchasing
3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request
a copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly
any decision -making authority concerning such sale or any supervisory authority over the
services to be rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from
any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
215 NoriIi NIa%oo Street * 2"Floor • 11,0Box 580 « Fort Colliers. CO 80522-0580 * (970) 221-6715 • Fax
(970)221-6707
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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
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from theproject?
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 theproject?
1.0
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as
required by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Do the proposed cost and work hours compare
Work Hours
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task orphase?
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?
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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?
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING
COUNCIL (MPO) hereinafter referred to as the "MPO" and . a
corporation, hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of ( ) page[s],
and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) page[s], and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in writing by the
parties hereto.
4. Early Termination by MPO. Notwithstanding the time periods contained herein,
the MPO may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
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Professional: MPO: With Copy to:
In the event of any such early termination by the MPO, the Professional shall be paid for
services rendered prior to the date of termination, subject only to the satisfactory performance of
the Professional's obligations under this Agreement. Such payment shall be the Professional's
sole right and remedy for such termination.
5. Desian. Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the MPO, its officers and employees in accordance
with Colorado law, from all damages whatsoever claimed by third parties against the MPO; and
for the MPO's costs and reasonable attorneys fees, arising directly or indirectly out of the
Professional's negligent performance of any of the services furnished under this Agreement.
The Professional shall maintain commercial general liability insurance in the amount of
$500,000 combined single limits, and errors and omissions insurance in the amount of
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the
services to be performed pursuant to this Agreement, the MPO agrees to pay Professional a
fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and
costs shall not exceed ($ ). Monthly partial payments based upon the
Professional's billings and itemized statements are permissible. The amounts of all such partial
payments shall be based upon the Professional's MPO-verified progress in completing the
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services to be performed pursuant hereto and upon the MPO's approval of the Professional's
actual reimbursable expenses. Final payment shall be made following acceptance of the work
by the MPO. Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the MPO.
6. Compensation. [Option 11 In consideration of the services to be performed
pursuant to this Agreement, the MPO agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($ ). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's MPO-verified progress in completing
the services to be performed pursuant hereto and upon the MPO's approval of the
Professional's reimbursable direct costs. Final payment shall be made following acceptance of
the work by the MPO. Upon final payment, all designs, plans, reports, specifications, drawings
and other services rendered by the Professional shall become the sole property of the MPO.
7. MPO Representative. The MPO will designate, prior to commencement of work,
its project representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the MPO
Representative.
8. Project Drawings. [Optional] Upon conclusion of the project and before final
payment, the Professional shall provide the MPO with reproducible drawings of the project
containing accurate information on the project as constructed. Drawings shall be of archival
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quality, prepared on stable mylar base material using a non -fading process to prove for long
storage and high quality reproduction.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the MPO
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the MPO, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the MPO of Fort Collins. The MPO
shall not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
11. Personal Services. It is understood that the MPO enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the MPO.
12. Acceptance Not Waiver. The MPO's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
MPO's approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the MPO under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
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14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of
( ) page[s], attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
By:
James B. O'Neill II, CPPO
Director of Purchasing & Risk Management
DATE:
THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL (MPO)
By:
Executive Director
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as [insert name of business]
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Seal)
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EXHIBIT " " - FEDERAL REQUIREMENTS
TABLE OF CONTENTS
LOBBYING................................................................................................................................. 2
ACCESS TO RECORDS AND REPORTS.................................................................................
2
FEDERALCHANGES................................................................................................................
3
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ................................................
3
NO GOVERNMENT OBLIGATION TO THIRD PARTIES...........................................................
7
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS .......................................
8
ANDRELATED ACTS................................................................................................................
8
TERMINATION..........................................................................................................................
8
GOVERNMENTWIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)................
11
PRIVACYACT.........................................................................................................................
13
CIVIL RIGHTS REQUIREMENTS............................................................................................
13
PATENT AND RIGHTS IN DATA.............................................................................................
14
DISADVANTAGED BUSINESS ENTERPRISE (DBE)..............................................................
17
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS .......................................
19
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ..................... 19
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.
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.
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REQUEST FOR PROPOSAL
P963 VanGo Strategic Business Plan
Current VanGoTM Program
History
The VanGoTM program is currently a division of the North Front Range Metropolitan Planning
Organization (MPO). It has been servicing the Northern Colorado Front Range for 10 years. At
its inception in 1994 the VanGoTM program was managed by the City of Fort Collins Commuter
Pool program. The purpose of the VanGoM program was to offer vanpool services, as part of
the Commuter Pool program, for individuals living in the Fort Collins/Loveland/Greeley area.
In 2001, the North Front Range Metropolitan Planning Organization (NFRMPO), including the
VanGoTM program, began taking steps to be an independent organization from the City of Fort
Collins. The program has grown from the original eight vans to approximately 40 vans used by
250 commuters, representing over 30 communities along the Front Range.
Existing Conditions
The VanGoTM vanpools are marketed through local/regional TDM programs (i.e. SmartTripsM)
area employers and commuters. The majority of the vanpools service commuters traveling to
jobs in Denver, Boulder, Loveland, Fort Collins and Greeley. Recently, the program has begun
offering service for individuals commuting from the Denver/Boulder area into Fort Collins. A
typical vanpool route travels a one-way commute distance of 20 -80 miles. Fares are calculated
to cover the operating cost (fuel, maintenance and insurance). Individual fares range from $90 -
$200 a month. Federal funding is used primarily to pay for the ownership costs (lease and van
purchase costs), program administration, and marketing. Staffing consists of 1.5 NFRMPO staff
members. The 2005 operating budget is approximately $700,000.
The VanGoTm has contracted for many of the services necessary to operate the program. Until
January of 2004 the City of Fort Collins provided fleet administration, risk management
consulting, insurance, maintenance, and fueling services. Additionally the City of Greeley
provides maintenance for vanpools that travel into, or out of, that area. In 2004, insurance
services were provided by Lancer and the City of Fort Collins continues to provide fleet
administration, risk management consulting; the cities of Fort Collins and Greeley continue to
provided fleet maintenance. In 2005, the Colorado Intergovernmental Risk Sharing Agency
(CIRSA) will be providing the program's insurance.
The monthly average ownership and operating costs for the long distance routes is
approximately $1,200 a month. Fare revenue collected by the program participants pays
approximately 70% of the costs and Federal funding pays for the remainder of the costs. The
majority of the 35 vans in daily service travel approximately 30,000 miles annually. The Vehicle
Miles Traveled (VMT) by the vans in the program has saved approximately 5 million miles
annually over the past five years.
The VanGoTM program is one of three federally funded vanpool programs in Colorado. The
other programs are based in Denver (RideArrangers) and in Colorado Springs (RideFinders).
The three programs have formed a joint marketing effort called Front Range Vanpool Services.
To leverage limited marketing resources, FRVS has developed various printed materials and
promotional campaigns with the help of the Colorado Department of Transportation.
The VanGoTM program has grown 10% -20% a year since the program began operating in
1994. It is almost as large as Denver's RideArrangers program but is servicing a population
about a 101h the size.
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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 MPO 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.
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(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this
section.
(5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of wages
paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration
of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
Section 107 (OSHA):
Contract Work Hours and Safety Standards Act
(i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety
Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health
Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor
agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or
dangerous surroundings or working conditions.
(ii) Subcontracts - The Contractor also agrees to include the requirements of this section in
each subcontract. The term "subcontract" under this section is considered to refer to a person
who agrees to perform any part of the labor or material requirements of a contract for
construction, alteration or repair. A person who undertakes to perform a portion of a contract
involving the furnishing of supplies or materials will be considered a "subcontractor" under this
section if the work in question involves the performance of construction work and is to be
performed: (1) directly on or near the construction site, or (2) by the employer for the specific
project on a customized basis. Thus, a supplier of materials which will become an integral
part of the construction is a "subcontractor' if the supplier fabricates or assembles the goods
or materials in question specifically for the construction project and the work involved may be
said to be construction activity. If the goods or materials in question are ordinarily sold to
other customers from regular inventory, the supplier is not a "subcontractor." The
requirements of this section do not apply to contracts or subcontracts for the purchase of
supplies or materials or articles normally available on the open market.
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If it is later determined by the MPO 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 MPO, 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 MPO 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 MPO' 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 MPO setting forth the nature of said breach or default, the MPO 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 MPO 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 MPO elects to waive its remedies
for any breach by Contractor of any covenant, term or condition of this Contract, such waiver
by the MPO shall not limit the MPO' 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 MPO may terminate
this contract for default. The MPO 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 MPO may terminate this contract for default. The MPO 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 MPO, protect and preserve the goods until surrendered
to the Recipient or its agent. The Contractor and the MPO 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 MPO.
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 MPO may
terminate this contract for default. The MPO 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 MPO in writing
of the causes of delay. If in the judgment of the MPO, the delay is excusable, the time for
completing the work shall be extended. The judgment of the MPO 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 MPO
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 MPO 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
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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 MPO 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 MPO 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 MPO, or
property supplied to the Contractor by the MPO. If the termination is for default, the MPO 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 MPO and the parties shall negotiate the termination
settlement to be paid the Contractor.
If the termination is for the convenience of the MPO, 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 MPO 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 MPO, 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.
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PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C.5307
Program Fraud and False or Fraudulent Statements or Related Acts
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the FTA assisted project for which this contract work is
being performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose
the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent
the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part with
Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the
Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.
5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to the
provisions.
TERMINATION
49 U.S.C.Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The MPO 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 MPO to be paid the Contractor. If the Contractor
has any property in its possession belonging to the MPO, the Contractor will account for the
same, and dispose of it in the manner the MPO 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 MPO 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
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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 MPO 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 MPO, 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 MPO 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 MPO' 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 MPO setting forth the nature of said breach or default,
the MPO 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
MPO 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 MPO elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract,
such waiver by the MPO shall not limit the MPO' 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 MPO may
terminate this contract for default. The MPO 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 MPO may terminate this contract for default. The MPO 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 MPO, protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and the MPO shall agree on
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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 MPO.
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 MPO may
terminate this contract for default. The MPO 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 MPO in writing
of the causes of delay. If in the judgment of the MPO, the delay is excusable, the time for
completing the work shall be extended. The judgment of the MPO 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 MPO
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 MPO 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.
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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 MPO
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 MPO 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 MPO, or property supplied to the Contractor by the MPO. If the termination is for default,
the MPO 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 MPO and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the MPO, 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 MPO 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 MPO, 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
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 MPO may pursue available
remedies, including suspension and/or debarment.
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3. The prospective lower tier participant shall provide immediate written notice to
the MPO 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 MPO 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 MPO.
6. The prospective lower tier participant further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous, A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check
the Nonprocurement List issued by U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require
establishment of system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if
a participant in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation
in this transaction, in addition to all remedies available to the Federal Government, the MPO
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.
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Scope of Work
The North Front Range MPO is seeking a consulting firm or firms to perform the following scope
of work in support of the VanGOMprogram to deliver a strategic business plan with a 5-year
horizon.
The resulting plan will include the following program elements (described below):
1. History and Existing Conditions:
a. Background
b. Current Operations and Performance
c. Analysis of Existing Conditions
2. Vision Plan:
a. Policy Context
b. Goals and Objectives
c. Ideal Program
3. Preferred Plan:
a. Operating Plan
i. Staffing Plan
ii. Fleet Replacement Plan
iii. Fleet Maintenance Plan
iv. Identification of Vanpooling Partners
b. Financial Plan
i. Expenditure Plan
ii. Revenue Plan
c. Marketing Plan
i. Market Research
ii. Demographics
iii. Market Strategy
iv. Product Pricing
d. Action Plan
i. Annualized Activities
ii. Milestones
4. Outcomes:
a. Projected Performance
b. Identification of Benefits to the Region/Program
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PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for
FTA, and those files are organized so that information could be retrieved by personal
identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act
requirements flow down to each third party contractor and their contracts at every tier.
(1) The Contractor agrees to comply with, and assures the compliance of its
employees with, the information restrictions and other applicable requirements of the Privacy
Act of 1974, 5 U.S.C. 552a. Among other things, the Contractor agrees to obtain the express
consent of the Federal Government before the Contractor or its employees operate a system
of records on behalf of the Federal Government. The Contractor understands that the
requirements of the Privacy Act, including the civil and criminal penalties for violation of that
Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy
Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract
to administer any system of records on behalf of the Federal Government financed in whole or
in part with Federal assistance provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. 623, 42 U.S.C. 2000
42 U.S.C. 6102,42 U.S.C. 12112
42 U.S.C. 12132, 49 U.S.C. 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and
Federal transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights
Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the
Contractor agrees to comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 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
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action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees
to refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A,
Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is
governed by Federal law and regulation. For data rights, the text on copyrights is insufficient
to meet FTA's purposes for awarding research grants. This model clause, with larger rights
,as a standard, is proposed with the understanding that this standard could be modified to
FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.
A. Rights in Data - This following requirements apply to each contract involving
experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or
not copyrighted, that is delivered or specified to be delivered under the contract. The term
includes graphic or pictorial delineation in media such as drawings or photographs; text in
specifications or related performance or design -type documents; machine forms such as
punched cards, magnetic tape, or computer memory printouts; and information retained in
computer memory. Examples include, but are not limited to: computer software, engineering
drawings and associated lists, specifications, standards, process sheets, manuals, technical
reports, catalog item identifications, and related information. The term "subject data" does not
include financial reports, cost analyses, and similar information incidental to contract
administration.
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(2) The following restrictions apply to all subject data first produced in the performance of
the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or
Contractor authorize others to do so, without the written consent of the Federal Government,
until such time as the Federal Government may have either released or approved the release
of such data to the public; this restriction on publication, however, does not apply to any
contract with an academic institution. (b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R.
19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license
to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal
Government purposes," any subject data or copyright described in subsections (2)(b)I and
(2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government
purposes," means use only for the direct purposes of the Federal Government. Without the
copyright owner's consent, the Federal Government may not extend its Federal license to any
other party.
1. Any subject data developed under that contract, whether or not a copyright has been
obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal
assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research
work, it is FTA's general intention to increase transportation knowledge available to the public,
rather than to restrict the benefits resulting from the work to participants in that work.
Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing
experimental, developmental, or research work required by the underlying contract to which
this Attachment is added agrees to permit FTA to make available to the public, either FTA's
license in the copyright to any subject data developed in the course of that contract, or a copy
of the subject data first produced under the contract for which a copyright has not been
obtained. If the experimental, developmental, or research work, which is the subject of the
underlying contract, is not completed for any reason whatsoever, all data developed under
that contract shall become subject data as defined in subsection (a) of this clause and shall be
delivered as the Federal Government may direct. This subsection (c), however, does not
apply to adaptations of automatic data processing equipment or programs for the Purchaser
or Contractor's use whose costs are financed in whole or in part with Federal assistance
provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the
Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal
Government, its officers, agents, and employees acting within the scope of their official duties
against any liability, including costs and expenses, resulting from any willful or intentional
violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy,
arising out of the publication, translation, reproduction, delivery, use, or disposition of any data
furnished under that contract. Neither the Purchaser nor the Contractor shall be required to
indemnify the Federal Government for any such liability arising out of the wrongful act of any
employee, official, or agents of the Federal Government.
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(e) Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or other
right otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using
Federal assistance provided by the Federal Government that has been incorporated into work
required by the underlying contract to which this Attachment has been added is exempt from
the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or
Contractor identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research work financed
in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status i.e., a large business, small business, state government
or state instrumentality, local government, nonprofit organization, institution of higher
education, individual, etc.), the Purchaser and the Contractor agree to take the necessary
actions to provide, through FTA, those rights in that invention due the Federal Government as
described in U.S. Department of Commerce regulations, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving
experimental, developmental, or research work:
(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.
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DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part with
Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23
apply to this agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR
Part 23, have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this Agreement. In
this regard, all grantees and vendors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT -assisted contracts.
Disadvantaged Business Enterprise Provision
1. The Federal Fiscal Year goal has been set by the MPO in an attempt to match
projected procurements with available qualified disadvantaged businesses. the MPO goals for
budgeted service contracts, bus parts, and other material and supplies for Disadvantaged
Business Enterprises have been established by the MPO 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 MPO 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 MPO 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 MPO to promote the development and increase the participation of
businesses owned and controlled by disadvantaged. DBE involvement in all phases of the MPO
procurement activities is encouraged.
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(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 MPO 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 MPO DBE program. These
records and documents will be made available at reasonable times and places for inspection
by any authorized representative of the MPO and will be submitted to the MPO upon request.
(e) The MPO will provide affirmative assistance as may be reasonable and necessary to
assist the prime contractor in implementing their programs for DBE participation. The
assistance may include the following upon request:
" Identification of qualified DBE
Available listing of Minority Assistance Agencies
Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
(a) Disadvantaged business "means a small business concern"
i. Which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent
of the stock of which is owned by one or more socially and economically disadvantaged
individuals; and
ii. Whose management and daily business operations are controlled by one or more of
the socially and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in the case
of any publicly owned business, at least 51 % of the stock of which is owned by one or more
women individuals; and
iv. Whose management and daily business operations are controlled by one or more
women individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix B - (Section 106(c)) Determinations of Business Size.
(c) "Socially and economically disadvantaged individuals" means those individuals who
are citizens of the United States (or lawfully admitted permanent residents) and States (or
lawfully admitted permanent residents) and who are black Americans, Hispanic Americans,
Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any
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other minorities or individuals found to be disadvantaged by the Small Business
Administration pursuant to section 8(a) of the Small Business Act.
i. "Black Americans", which includes persons having origins in any of the Black racial
groups of Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of
race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos,
Aleuts, or Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S.
Trust Territories of Pacific, and the Northern Marianas;
V. "Asian -Indian Americans", which includes persons whose origins are from India,
Pakistan, and Bangladesh.
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any share or
part of this Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
No employee, officer, or agent of the grantee shall participate in selection, or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such
conflict would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner; or an
organization which employs, or is about to employ, has a financial or other interest in the firm
selected for award. The grantee's officers, employees, or agents shall neither solicit nor
accept gratuities, favors or anything of monetary value from contractors, potential contractors,
or parties of subagreements.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.ID
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
the MPO requests which would cause the MPO to be in violation of the FTA terms and
conditions.
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1. History and Existing Conditions
a. Background Section:
The successful consultant will prepare a brief yet detailed summary of the history of the
VanGoM program. This effort will include a timeline identifying the key milestones for the
program over its history. The section will also include a narrative describing the various
stages of the program's development.
b. Current Operations and Performance:
This section will include a description of the current operations of the VanGoTM program in
2004. This work intends to establish a baseline of measurement and information on which
to compare any future scenarios, goals, objectives, or projected performance. The
successful proposal will contain ample effort in tabular and other formats to provide for
ongoing quick reference for program activities as soon as this work effort is complete.
c. Analysis of Existing Conditions:
The analysis of existing conditions will provide the program and policy makers with sufficient
information to ascertain the strengths and weaknesses of the current program. The analysis
will be broad -based enough to include, but not be limited to, the emphasis areas of the
Preferred Plan.
During the development of this section, the North Front Range MPO is interested in developing
a SWOT (strengths, weaknesses, opportunities, threats) or SWOT -like assessment of the
current conditions, practices, and programs affecting or resulting from the current VanGoTM
policies and activities. Applicants are encouraged to develop innovative approaches to this
work effort.
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2. Vision Plan
a. Policy Context:
The NFRMPO Planning Council has established a broad policy on Transportation Demand
Management that encompasses the VanGoTM program. However, this needs to be further
addressed specifically for the vanpool program.
The current TDM Policy (approved February 2004) includes:
• Decreased reliance on Single Occupancy Vehicles (SOVs)
• People can choose from a number of viable options for transportation
o The Regional SmartTripsTm TDM program should provide "core services" that are
fundamental to existing and emerging TDM program at the local level
o The Regional SmartTripSTm TDM program should be concerned with
implementing rideshare programs that will assist the MPO in meeting its federal
requirements for air conformity issue.
Each proposal will develop a Vision Plan element. The Vision Plan will be based on the
policy context established by the North Front Range Transportation and Air Quality
Planning Council (Planning Council). The successful proposal will identify the method to
be used to solicit input and foster policy decision making on the part of the Planning
Council. How will this part of the planning process define the policy context that will
allow for the development and implementation of the overall plan?
b. Goals and Objectives:
The successful proposal will describe how broad long-range goals will be defined during the
development of the policy context for the Vision Plan. Long-range goals will be established
for the essential areas effecting the development and success of the VanGoTA° program.
Objectives will be developed for each long-range goal area. All objectives, without
exception, will be measurable and measurements/equations will be identified during the
development of the objectives.
c. Ideal Program:
The ideal program need not be extensive, but must have enough detail to provide the basis
for the development of the VanGoTM program over time and provide the context for the
short-range plans that are developed during this effort. Each proposal will identify the extent
and nature of the resulting Vision Plans.
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3. Preferred Plan
Process to Achieve a Preferred Plan:
A preferred plan will be developed. It will represent the preference of the Planning Council
relative to the Vision Plan that can be accomplished over five years. The successful proposal
will describe the process that will be employed to move from the visioning level to
implementation. The preferred plan will include, but not necessarily limited to the following
components:
a. Strategic Operating Plan:
i. Staffing Plan: A staffing plan will identify the staffing levels required to complete the
Preferred Plan. A general job description of each position will also be developed
identifying position duties and responsibilities. A concise description of how each
position functions within the overall structure of the North Front Range MPO will be
developed and adjustments will be made to the North Front Range MPO's
organizational chart if necessary.
ii. Fleet Replacement and Maintenance Plan: A complete fleet roster documented in
the Existing Conditions work will be expanded in order to identify all vehicle
replacements needed over the period of the Preferred Plan. The Fleet Replacement
and Maintenance plans will also include an examination and recommendation of fleet
maintenance procedures, practices, and partners related to current practices to
ensure the implementation of the Preferred Plan.
iii. Operating Procedures: Operating procedures are defined as those practices,
activities, data, and reports that provide the foundation for ongoing daily activity that
keeps the VanGoTM program functioning in support of existing vanpoolers and
provides the organization and environment to recruit new vanpool drivers and riders.
The successful proposal will describe the method that will be used to determine the
most appropriate operating procedures to be used to ensure ongoing success of the
VanGoTM program. Products for this effort will include identifying data needs, data
collection methods, tracking procedures, forms, standardized monthly and annual
reports, client retention activities, and fare processing, among others.
iv. Identification of Vanpooling Partners: This section will identify current and potential
vanpooling partners. This may include those that can assist in the acquisition or
maintenance of vehicles, the storage of vehicles, and the promotion of the VanGoTM
program. Said another way, this section will identify those individuals and
organizations that are in a position to assist or be assisted by the VanGoTM program.
b. Financial Plan:
A financing plan will be developed to support the Preferred Plan. It will include a realistic
detailed set of projections of both expenditures and revenues directly related to the work
effort. The Financial Plan will include:
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• Expenditure and Revenue Plans: Both the expense and revenue side of the
financial plan will be based on a projected set of service levels of the 5-year period of the
Preferred Plan. The financial plan will be based on a Performa developed to achieve the
goals and objectives necessary for the completion of the Preferred Plan. A detailed 5-
year expense plan will be developed consistent with the accounting practices of the
North Front Range MPO. The corresponding revenue plan will identify revenue sources
by organization or grant/program.
• A section of the Financial Plan will address strategic partnerships and actions that
must be pursued to acquire resources beyond those identified in the Existing Conditions
chapter of the VanGOTM Strategic Business Plan.
c. Marketing Plan:
i. Market research:
There are two kinds of market research: primary and secondary.
Primary market research means gathering your own data. For example, developing
traffic count data at a proposed location, using the yellow pages to identify competitors,
performing surveys, or holding focus group interviews all constitute primary market
research.
Although it is not expected, proposals can include primary research. However, ample
data and information appears to be available to meet the needs of analyzing the existing,
potential, and future markets for the VanGOTM program.
Secondary research means using published information such as industry profiles, trade
journals, newspapers, magazines, census data, and demographic profiles. This type of
information is available from public libraries, industry associations, chambers of
commerce, vendors who sell to your industry, and government agencies. Secondary
marketing research may be required.
The marketing plan will be the basis of the performance projections that drive the
assumptions in various components of the Preferred Plan. Applicants should consider
the following template when preparing proposals.
• Economics and Future Performance:
Facts about the vanpool industry
Total size of the northern Colorado market
Percent market share
Current demand in target market
Growth history
Trends in target market — growth trends, trends in consumer preferences,
and trends in product development
Growth potential and opportunity for VanGOTM
• What barriers to entry keep potential new drivers/riders from using
VanGOTM?
• What opportunities exist to encourage potential new drivers/riders from
using VanGOTM?
How could the following affect your VanGOTM?
Change in technology
• Government regulations
• Changing economy
• Change in the vanpool industry
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• Products and Services
In the Products and Services section, the successful proposal will describe the
method to identify the products and services necessary to ensure VanGoTWS
success. When the plan is complete these will include:
Features and Benefits: Identify a list all major products or services.
For each product or service, provide a description of the most important
features and define what it does and what is special about it.
° For each product or service, provide a description of the most important
benefits and define what the product/service does for the customer.
ii. Demographics:
• Identify current and potential VanGoTM" customers, their characteristics, and their
geographic locations. There may be more than one customer group. Identify the
most important groups. Then, for each consumer group, construct a demographic
profile:
Age
Gender
Location
Income level
Social class/occupation
Education
Other
• For business customers, the demographic factors might be:
Industry (or portion of an industry)
Location
Size of firm
Quality/technology/price preferences
Other
• Competition: What is VanGOTM's competition? Describe the method for arriving
at the major factors that act as competition to successfully increasing the number
of northern Colorado vanpoolers. Describe how this "competition" affects the
behavior of existing and potential vanpoolers.
• Niche: Define the niche market (s).
iii. Marketing Strategy
• Define how VanGOM will arrive at a marketing strategy that is consistent with the
identified niche.
• Describe the method VanGOM will use to define a promotional approach: How
do you get the word out to customers?
• Identify a key message strategy: What benefits of vanpooling are the top
motivating factors to incite a behavior change from a single occupancy vehicle to
a VanGOTM vanpool?
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• Define the approach to arriving at an advertising plan: Be sure to address the
most effective methods to deliver the identified messages identified above. What
media will VanGOTM use, why, and how often? Define other outreach,
prospecting, and marketing methods will be used and in priority order. Define
what evaluation methods will be employed to let VanGoTm know it is being
successful.
• Identify the approach VanGOTM will take to identifying and guiding the
development of a systematic contact plan.
• Promotional Budget: A promotional budget must be prepared for the marketing
plan and its components.
iv. Pricing and Fare Structure:
• Define the approach VanGoTm and the North Front Range MPO will take to
setting a pricing policy and fare structure.
Identify how the pricing strategy fits with the results of the competitive
analysis.
• Examine and analyze payment and customer credit policies, payment schedules,
and the handling of project revenue and prescribe a preferred set of policies and
procedures.
• Performa Forecast
Develop a forecasted month -by -month projection of cost, revenue, and
performance. Base the forecast on VanGOTM's historical performance, the
marketing strategies recommended, market research, and industry data.
Provide two forecasts: 1) a "best guess," and 2) a "worst case" low estimate that
VanGOTA° can be confident it can reach no matter what happens.
• Identification of Vanpooling Partners:
Identify potential vanpooling partners; those agencies in both the northern
Colorado and Denver metropolitan areas that can assist VanGOTM in developing
its vanpooling capabilities and resources. These partners will include, but should
not be limited to agencies, governments, businesses, TMA's, and individuals.
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