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286150 DAVID EVANS AND ASSOCIATES - CONTRACT - RFP - P1115 STRATEGIC OPERATION PLAN TRANSFORT
PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and David Evans and Associates Inc., 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 twenty-one (21) pages, and incorporated herein by this reference. 2. The Work Schedule. 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 one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence July 1, 2008 and shall continue in full force and effect until June 30, 2009, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: David Evans and Associates, Inc. City of Fort Collins, Tranfort City of Fort Collins, Purchasing Attn: Edward Schumm Attn: Kurt Ravenschlag Attn: James O'Neill II 1331 171h Street Ste 900 PO Box 580 PO Box 580 Denver, CO 80202 Fort Collins, CO 80522 Fort Collins, CO 80522 Page t service to provide complementary paratransit service to persons who have a disability that prevents them from being able to use the fixed route bus service. As a result, paratransit ridership decreased 39.6% compared to 2006, with an average of 163 trips daily. II. History of the 2002 Transfort Strategic Operating Plan The first Transfort Strategic Operating Plan was completed in 1989. From 1989 to 2002, the City completed two Transit Development Plans which built upon the visions outlined in the Strategic Plan. Overall, the service changes implemented over that time period were a success. There were, however, several areas where new service failed to achieve a desired level of productivity. Fort Collins saw rapid growth during the nineties. With increases in traffic congestion and the Mason Corridor planned for the future, the City of Fort Collins undertook the 2002 update to the Strategic Operating Plan as an effort to: • Identify transit needs, opportunities and constraints, • Prepare a transit development plan and strategic plan for the system, and • Develop a more efficient and productive operating plan to support the strategic plan. To address the study objective, four primary steps were completed as part of the planning process: An analysis of existing conditions. The existing conditions analysis reviewed Transfort's operations in 1999 and service modifications implemented in 2000. To complete the existing conditions analysis, the consultant interviewed key stakeholders including Transfort staff and drivers. Ridership data was analyzed, and city travel conditions were reviewed as were Transfort's existing funding sources. Policy identification by City Council. During the second step of the study, focus turned to the City of Fort Collins' overall policies for the provision of transit services. Transfort staff presented findings of the existing conditions report to City Council representatives and City advisory committees to establish the goals for the service planning effort. Meetings and public open houses resulted in a call for allocating transit resources in a more "productive" manner. Service alternatives. This iterative process was based on the City's call for more "productive" transit service — service that carries a higher number of passengers per hour because it focuses on high ridership areas and dense transit corridors. Four service phase scenarios were developed. These phases identified increasing levels of investment in transit service that could be implemented over a ten-year period. Phase 1: Transfort Bus System (Implemented in January 2002). Complete This first no -budget growth alternative was a short-term service improvement plan. The focus was to provide modest modifications to the existing system. Many changes and improvements were implemented with limited disruption to the public. Phase 2: Minimal Redesign plus Mason Corridor Service This step adds the Mason Corridor service to the improvements made in Phase 1, above, and includes -the addition of new service on Harmony Road and Prospect Road. Implementation of this phase will improve the quality of Transfort operations and increase productivity of the Transfort system. The Harmony and Prospect routes were added to Transfort's system in 2007, along with a Page 10 new route on Timberline Road. The Mason Corridor service is planned to begin operation in 2011. The focus of this phase is to provide the backbone of a highly productive transit system which will serve the Fort Collins community for years to come. Phase 3: Transition to Grid Service Phase 3 is an extensive redesign based on the principle of optimizing service within the existing service area and eliminating inefficiencies in previous service design. Implementation of this step continues to enhance the quality of Transfort operations and will further increase productivity of the Transfort system. Phase 4: Proposed Grid Route System Whereas Phase 3 lays the foundation for the preferred system, execution of Phase 4 requires significant budget growth to build out to a full grid network. These improvements position Transfort for continuing growth in Fort Collins that is consistent with long-range land use plans included in "City Plan." Implementation of this phase continues to improve the quality of Transfort operations and to strengthen productivity of the Transfort system. Operating, Implementation and Financial Plans. In the final step, a recommended service design and Operating Plan was developed, along with plans to implement and finance the recommended services over a scheduled timeframe. III. Progress Since 2002 The 2002 Transfort Strategic Operating Plan created four phases for implementation. Phase 1 was implemented in 2002; Phase 2 was scheduled to be implemented by 2006; Phase 3 by 2008; and Phase 4 by 2010. The execution of the Strategic Operating Plan fell behind, due to a lack of funding and resources. There is no current forecast schedule for implementing the remaining phases of the plan due to the absence of a dedicated funding source. The 2002 Strategic Operating Plan laid out an implementation and financial plan, which recommended the amount of funding required at each phase of grid development, as well as possible funding sources. The funding options identified where: increased General Funds, fares, and ASCSU payments; a new sales and use tax; impact fees; special improvement district; and public/private partnerships. The timing of the 2002 plan coincided with the economic downturn that Larimer County and Fort Collins experienced, which made these funding scenarios prohibitive. VI. Why do we need to update the 2002 Strategic Operating Plan The need to implement the remaining phases of the Strategic Operating Plan continues to remain a high priority in order to continue progress toward a more productive and efficient transit system as well as to support existing and planned land use and the City's overall transportation system. This need arises from the land uses and transportation infrastructure that is currently being approved and constructed based upon the adopted policies and goals within the City Plan, Structure Plan, Transportation Master Plan, and the Master Street Plan. Each of these key planning documents is predicated upon the notion of having a functioning grid transit network to absorb the increased travel demands of our community. Page 11 VII. Study Scope and Schedule Staffs intent to update the 2002 Transfort Strategic Operating Plan is to foster a dialogue with the community on transit opportunities and challenges; review existing fixed route service and performance standards; examine the existing four phased approach to a grid transit network; and address the financial solutions required to create and sustain a high -performing transit system for our community. This update is also intended to provide the necessary information for the successful updates of the City Plan and Transportation Master Plan in 2009/2010. Project Scope and Schedule: 1. Determine Consulting Team (March 2008 — April 2008): 2. Project Startup (April 2008): 2.1 Complete Contracting Process 2.2 Define Strategic & Operational Working Groups and Potentially Affected Interests 2.3 Develop Project Management Plan and Controls 2.4 Define Overall Planning Process 2.5 Develop Public Outreach Process (presentations to advisory boards, the Fort Collins City Council, and the public through open houses, public meetings and the distribution of informational materials as well as stakeholder interviews). Coordination of Plans and Projects (January 2008 — May 2009): 3.1 Coordinate Planning Activities with Existing Plans 3.2 Coordinate Planning Activities with Ongoing Planning including: 3.2.1 Mason Corridor Project 3.2.2 Other Enhanced Travel Corridors identified in City Plan and the Transportation Master Plan (Harmony, Timberline, and North College/Northeast Area corridors) 4. Existing Plan and Policy Review (April - June 2008): 4.1 Review of 2002 Transfort Strategic Operating Plan 4.1.1 Mission Statement 4.1.2 Goals & Objectives 4.1.3 Financial Review Page 12 5. Data Collection (March — April 2008): 5.1 GIS base layers 5.2 City demographic analysis 5.3 City housing 5.4 City population density 5.5 Household Income 5.6 Household employment 5.7 City land use characteristics 5.8 City business and commercial development characteristics 5.9 Master plans 5.10 Environmental Inventory 5.11 Current Fixed Route Operational Analysis by Route, Time of Day, Season of the Year 5.12 Previous or current studies of travel behavior of city residents; transit services; car counts, parking supply & utilization, bike & pedestrian by time of day 5.13 Transit and TDM history and relationships 5.14 Financial resource analysis 5.15 Parking policies 5.16 Capital Improvement Programs 5.17 Traffic analysis 5.18 Fee & Fare Structures 5.19 Other Information as Required or Requested 6. Review and Update Existing and Strategic Fixed Route and Dial -A -Ride Operational Plans (June— October 2008): 6.1 Review Existing Fixed Route and Dial -A -Ride Service,as well as Associated Performance Standards 6.1.1 Determine if new service and performance standards are required in order to meet Transfort mission statement. 6.2 Analysis of Current Service Area and Operational Productivity of Transfort: 6.2.1 Current and potential transit market areas 6.2.2 Route Design 6.2.3 Operational Characteristics 6.2.4 Stop Locations 6.2.5 Operating Procedures 6.2.6 Assess feasibility of providing bus service to students attending secondary schools within Poudre School District with existing Transfort service. 6.3 Analysis of the 2002 Transfort Strategic Operating Plan Four Phased Approach to Developing a Grid Transit Network. 6.3.1 Review existing and future transit markets 6.3.2 Review route configurations and operating characteristics 6.3.3 Review phasing of new routes 6.3.4 Assess feasibility of providing bus service to students attending secondary schools within Poudre School District in each phase of grid development. 6.3.5 Determine future stop locations based upon market analysis 6.3.6 Update Capital Improvement Plan Page 13 6.4 Update operating and financial plans in accordance with each phase of grid development 6.5 Regional Connections 6.5.1 Assess demand for regional connections 6.6 Final Operating and Financial Plans 7. Implementation and Financial Plan (July 2008 — March 2009): 7.1 Develop Fare Policies and Structure 7.2 Funding Source Analysis 7.2.1 Document all Potential Funding Sources 7.2.2 Review Economic Benefits of Transit 7.2.3 Assess Feasibility of Regional Participation in Transit Service 7.2.4 Assess Feasibility of a District or Authority 7.2.5 Provide Findings to Financial Task Force 7.3 Transfort Strategic Plan Financial Task Force (September 2008 — March 2009) 7.3.1 Regular meetings (bi-weekly) to provide a recommended implementation and financing plan (Council, Staff, Board Member, Citizen). 7.4 Final Implementation and Financing Plan 8. Adoption (March — May 2009): 8.1 Approval of the City Transportation Board 8.2 City Council Work Session 8.3 Adoption by the Fort Collins City Council Poudre School District Participation Scope items 6.2.6 and 6.3.4 were added to conduct analysis of possible collaborations with the Poudre School District (PSD). Staff members of PSD and the City of Fort Collins are looking at scenarios where PSD could reduce student busing service in areas of the community where Transfort provides existing service. This analysis would be conducted for our existing conditions as well as looking at additional elimination of redundant routes as Transfort builds out to a grid network. This additional scope of work would be funded by the PSD; therefore, a separate alternative addressing the above -stated tasks should be provided in the final analysis and submitted independently. City of Loveland Participation The goal of Loveland participating in the Strategic Transit Plan is to update and expand upon the 2004 Loveland COLT Transit Plan. The 2004 COLT Transit Plan identified local issues and stakeholders, conducted core area analysis, examined the existing service, conducted a needs assessment, performed on -board surveys, received public input, developed service alternatives, discussed institutional and management alternatives, and provided a recommended plan for implementation. The plan recommended a five-year implementation schedule to make service modifications to be operated under contract by Transfort/Dial-A-Ride. Since 2004, few of these recommendations have been realized due to a lack of funding and resources. Four years later, there is no forecast schedule for implementation of this plan. Loveland currently has the opportunity to partner with the City of Fort Collins in conducting a Strategic Transit Plan for the two communities, which would look at providing service from the northern areas of Fort Collins to as far south as Longmont. Page 14 Study Scope and Schedule for Loveland Staff s intent in participating with the City of Fort Collins in developing a Strategic Transit Plan is to foster a dialogue with the community on transit opportunities and challenges; review existing fixed route service and performance standards; develop a ten year strategic plan; and address the financial solutions required to create and sustain a high -performing transit system for our region. Below is a scope of work and schedule, which provides the required elements in order to address the issues described above. SCOPE OF WORK - COLT 9. Project Startup/Management 9.1 Develop budget 9.2 Define working groups (Coordinated with Transfort Strategic Plan Update) 9.3 Define overall strategic & operational planning process (Coordinated with Transfort Strategic Plan Update) 9.4 Develop/conduct public outreach process (2-3 Open Houses to be conducted by City of Loveland Staff, with consultant providing support with presentation materials and one staff member) 10. Coordination of Plans and Projects 10.1 Coordination of existing and ongoing planning projects locally and regionally 11. Review Existing 2004 COLT Transit Plan 11.1 Plan review and summaries 12. Data Collection 12.1 Data collection activities and summaries 13. Review and Update 2004 COLT Transit Plan 13.1 Review of existing service and productivity 13.2 Develop a 10 year strategic build out plan for fixed route service 13.3 Further develop the potential coordination with Transfort for service and maintenance, as prescribed in the 2004 COLT Transit Plan 13.4 Update COLT 10 year capital improvement plan 13.5 Update COLT 10 year financial plan 13.6 Final COLT Strategic Plan to include 10 year build out plan, financial plan, and capital improvement plan 14. Implementation and Financial Task Force Page 15 14.1 City of Loveland will coordinate with the City of Fort Collins in this effort (Consultant work load would increase from the original scope of work for the Transfort Strategic Plan Update to include financial analysis in the area of Loveland) 15. Adoption 15.1 Approval of the Loveland Transportation Board 15.2 Adoption by the Loveland City Council VIII. Project Management The update to the Transfort Strategic Operating Plan will be co -managed by Transportation Planning and Transfort/Dial-A-Ride, along with the consultant team upon hire. Poudre School District along with the consultant team will be responsible for their respective scope of work. This project team will provide Council with quarterly progress updates by memo prior to project completion. Page 16 i> cod I vo I), AI P I aat4 s, f h' 14rartsgicOperoarfoBPfan-7iansj rr, Seddon d - $cape 4 Work Projext Understattuling and objecom The BEA team recognizes that improving transportation is one of the seven Key Results that matter most to the citizens of Fort Collins. and that efficient transit options and the inteoratian of land use and transportation phumirgare important components ofthis result We also understood the current philosophy of Badgering for Outcomes requires thou Transfort align their satviats with community priorities, and emphasize occountability, innovation and partnerships to deliver services that wait better and cost less. Based on the Request for Proposal (RFP) and discussions with Tkansfortmid the City of fort Collins 94(kDEA trimuncluanda the impartatttneedtontfirethand rrf etbe2912Stra4c0paafiq Nan in order to support adopted polkies and goals laud out in related planning documents. While transit ridership continues to increase and select new routes haw been deploymd, the fundamental charges of the grid system of routes from the 2002 plan have not been implemented. The evolution of a functioning grid transit network is essential to serve the increasing travel demands of the mmmunity.Anincrememalgridimial memationapproachcatbodevelopedtoprovidefl-ANityin responding to both ridership demand and available funding. The PEA team will work collaboratively with Transfort and the City of Ftxt Collins in addressing the following primrxy objectives for the 20W1' Stragk ©perarittg flan; Engage the community slid stakeholders in an open dialogue to identify what works well with the current transit system and Identify critics] unmet needs, gaps or deficiencies, Provide a clear interpretation of current fixed mute transit operations through the eralustion of current data, productivity measures and the development of meaningful performance standards. Review existing planning documents and related ougaing plans to confirm goals, objectives and key growth characteristics. Tailor the mission of the new Strategic Operating Plan so they arc uWkd with curntnt priorities for the Cary of Fort Collins, Update the Existing and Strategic Fixed Route and Dial -A -Ride Operating Plan i a a manner that maximi es productivity within strategic market aeons, and provides additional phasing options that work in conxrt with optional forcing scenarios. Work with the Poudre School Pistrkt to explore innovative opporlonities tosupplement student travel demands with public transit services, andincorporate these concepts into the overall planning process. Conduct a coml rehrnsi a funding and financial analysis to inform and support the Tronsfort Strategic Plan Financial Task Fom Dc*Wp a practical and rational financial fropkmentation plan that provides the flexibility neccswry to invest in results during changing economics. Bahmo: overall stakeholder objection for sins and implementation of the updated Strategic Operating plan. Project Approach Our project approach has been crafted to allow key team members to apply their expertise in areas that align closely with project objectives Additionally, out team recognizes the treed for cohesive coordination among all tasks and disc pham V* recommend a core group of team members be organized among Transfort, City and consultant staff to guide the process and keep the largerteam informed,The core group would also be responsible for reaching agreement on key decisions and recommendations that are advanoccl•to the Transportation Board, City Council and odwr standing City adv isory comminees.Our project managr, Ed Schumm; will focus the client and team members toward a common mission, while anaintaining the flexibility to adjust our tactics if warranted. in addition, the project manager will coonhmatc needs for formal meeting attendance, quarterly project updates for council and related Presentations as needed. Page 17 Easy-to- srudershuut Ws them aric mapping w4l be ased to convey charadwistrts. Stratilk Orenttftag Pisa-7eans{wt Starting -Stara of Our approach to public involvanow will stake use of methods that have been prenkmsly as urount al for riseCity� plarm ing pmj" such as key stakeholder interviews am new steateoes thin may lend themselves biter to groups that take a vested interest in this pro)ML For example, DP;A has used Community Resawty Panels (CAPa) for recent projects that are tailored be special representation. These have allowed gtht pa composed of pedtstrfnafbicycic advocates, business krrriers, and HOA hornescutatives to have a Ginned forum for sharing ideas. The hips and'•stutoarns from these meetings were then shared in overall pudic forums to provide better underrtatuling of the varied intrrests.Dur team will also collaborate with Transfart and the t"aty of Port Collins to use inks otion sours that have prawn most efftctive.'lhe Utys website and calendar of events already provides a good channel for cominanicution. Our Team members have already become familiar with current plans and pr*cts that have an important link with the Strategic Operating Plan. �* will provide mccinet summaries of each of these plans to help craft and update the frame wA for the Strategic operating plan. Relevant input from each pint includes: City Phan - Comnwnity values such as alternative transportation maces tyual access opportunity and safe, convenient and fl a kile transportation system Awialon of a otimpe ltmssive public tragst system with opportuafrica for regional and interregional corttrections. City Structure - Principles that include an lruerconoected transit systems new activity centers in transit-sovtd areas and multiple means of travel T unsportation Master Man - Enhramod travel corridors including Masan Transportation Corridor (MTC), Harmony Road Corridor, Nardi CollegeiCrmifer Street Corridor and Timberline Road/ Power Trail Corridor. Master Stint Plan - Strategies to achieve a significant shift in travel behavior with more trips shiftmg away from single•occuput travel into transit, walk and hieyete, and multi -occupant travel modes, Our data collection strategy will also bo aimed at pmviding on updated snapshot of to* land use trends including information on housing, employment, demographic, environmental and development master plans. In addit ion, information on travel behavior thorn the North front Range MPO and past efforts such as Mason Street Corridor project devedopmem studies will be assembled. 1t4 will use easy -to -understand CIS thematic trapping and simple charts and tables that convey characteristics throughout the study area for the Strategic Operating Plan. Historic and current ridership statistics (including stop level data) and operating parameters for Tramli xt will also be important input for interpreting the productivity of Current services. Correlations between ridership aid key hip generattrts atich as downtown, Colorado State University (CSU), CSU FooddllaCarpus and areas of different land use density will be essential information for optimizing future services. Odor mobflky�relaMd data inch as traffic wnditiona pariningnFs7iaatiohs (and pricing), progrxmmcrl capital improvements stud tinsel demand management (TDM)'activitits can all have an influence rot where transit can function most etlickattly nit on maximizing ridership potential. Financial resource data, including transit fee and fan structures will be covgdied to support the implementation and financial plan recta. Tasks b and 7 will he the principal efforts in the overall planning process. Caammunity and stokrholdsr input, plan coordination anddata chiller ion resourca t aril inform these tasks with bast ru information and allow for the development of strategic operating and funding scenarios, In ']ask 6, the DEA team will undertake art ononsive review of currem Transfort transit service aid future demand patterns, to better understand transit service nerds, This in turn will provide us with it* ability to assess how well the prior 2002 Strategic Operating Plan meets those needs, and reeammend changes that address updated conditions and objectives. Flits 2 Page 18 Strarq*OperwsfngPfan rt Section 3 -Srope o`NVark The I42 Transfart Strategic Operat ins Plan was a fst r-phased approach for Converting; the 7iansfort system to a grid network by 2010 and was estimated to double t'ra isfur* annual operating and maintenance costs. Included was implementation of the Mason Street Corridor in the god scenario (phase), Cosmetics Tmnsporration Group was involved in developing mutait service pleas for this project for both Opening Year and a Harimn Year (2023), which pirated 4 of the = Transfort Strategic Plan. One signifrcaru dump was the integration of it multiple mute operation on the Mason Transportation Corridor busway. ibis Concept eliminated forced fiantiera tolfmm the Mason 7iansportatim Corridor bus service, and will be explored ingutarrr detail as part of this pla n update, strstegirnptratir� tlpsMiw Haaoads 111 Posting V awooma Collaboration with the Poucire School District will shin be incorporated with the StrtailkPlaadraedoprmit itecats,baefisandtradeoffsofusingpubiictransit to reduce student bus services will be Compared as part of a focused exerdne. Strategic Plan alterainacawil9 be subsequently developed to reflect aocrtaeiaswhh or without the inclusion of specific student -targeted services. Task 7 will involve a comprehensive tevi w of the canting Thurston funding structureandin esurryofvariominstitutionaloptionsandfinancmgmechanisan appropriate for a project o€this magrratude. BBC will work closely with the Financial Task Force to provide options such as various taxes, lees and charges, the use of districts or authorities and braader community financial participation. V* propene to conduct structured evaluations of both the operating plan and fiaandd comporsrm miagwodcthop fixmats.In same rasea,prrliminaryacraer ing exerdscs may be undertaken to address key decisions such asalternative route alignments, tt ansfer locations, candidate funding sources a l other independent issues that requiredistinct,rd"uncriteria or measures. Inaddilron,the evaluation and acmcning of operating and funding scenarios will rely on criteria that are approved by participating committees and the financial Task Force. Based an past experience, our main has the ability m "adapt mad refine" the screening process as necessary hasedoan the alternatives that emerge, key tradeoffs that are important to consicim and community/agency issues of high interest. Work Flan Task I — Determine Consulting Team To be undertaken by TransfortlDial-A-Ride and City of Fort Collins Transportation planning 7crite%a. q will Task 2 — Project Startup mt+ed T'he f}8A project managor (PM) shall be the primary Paint of contsct with the Ttanafort and the City of fins Collin and coordinate deliverables, reviews ado versighl of subrotrsultants Bill Byrne, Principal inCharge,will have primary responsibility for both quality coMmland quality nssurance. f DRVY l4"i:i ssocAtru, i pc Task 2 subtasks Include.. 2.1 Develop budget estimates in consultation with Transfort and the City of Fort Collins, and complete the contracting procest. 2.2 Define strategic and operating working groups as needed, and identify other potentially afieeLod interesmAta mininiturt, orgaidia a core team of tcpresemntises from Tramfart.City of Fort Collins and the DEA tram to maintain comianrnitxitivai channels on a weekly or day basis when needed. The value of project -specific Committees versus the usa of standing committees to help guide the overall process will be determined. yC J Page 19 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of One Hundred Ninety Seven Thousand Five Hundred Fifty Five Dollars ($197,555.00). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. The parties acknowledge that the sub -contractors: Connectics Transportation Group, B.B.C. Research & Consulting, and RAE Consultants are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceeds the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on Page 2 I7,ividEvanaandANi5 cWe,Inc Sinis"k UpamtiaigPlate • 1Mntlorr Sections 3-Scene of Kvk 2.3 Ikvtlop a Project id nWriera plan (PMP) to establish the cummantaft prWowl, adminiatrtnion fiarneworkand documentation approach for theproject.'Ile PMP will formulate the general management methodology and organization, and describe the controls requited for their lion. It will specifically address the dements of stufYmg and orgnnization, communication, budget, schedule far meetings and miksooua, doiatztem Control, quality management, internal reporting, sere change review and .IU PMP is an evolving docamentandwill be adjusted when issues such as budget, scope, and schedule warrant. 2.4 Wine overall planning pruats. U* priorities aid level of detail mquired sell he determined to guide the overall pro". In addition, the connectivity between tasks will be darifed so that A more detailed sdtcdulrran be emkil. The DEA toam is pmpatnd to adapt die planning proct-ss to critical issues and adjust our course of action if neeessarr 2.5 Develop public outreach process When distinguishes an overly-geneml public involvement effort from one that is purposeful and productive isgoudorganirartitmand well -planned outruch. DEApropoaedpublic involvement approach establishes a systematic, planned approach to working with people, so that Transfort and the Gty will rereivc the level and types of information needed to develop the updated Strategic Operating Plan. The main objectives ofbEXspublic involvement program are ta. The fl£R train will conduct the following initial steps to organzzathe public process! , Meet with Tranafort and City stall'to prioritize in neeeded1or and from the public, when, and why. • Identify stakeholders and potential participants. • Build a contact list and mail immductory, information. • Organirc participants who are deeply interested into focus groups, and establish means for others to participate as their input is ncalcd. • Set up a target tructing and interview sdtcdule. Ak%tingstra�iaa Pubi a AledhW - A minimum scqura cc of dnea general public meetings is suggested for key phases of the project. An initial public me dingtopenhawsewouldbeheldtoprovideafroe- thirdCieg Forum to gentleft ideas, confirm the studO vision, and to open discuss us and intmduce participants. Another public meeting would be held to done service cancepis, evaluation methods and to seek comments on the progrrxs. A final public meetitt6 would be held near the end of the study to share findings and woomentodations. KepFew fntervarwi-kperson interviewswill beconducted with Workings) Wennified by lkansfort and the City who can help set goals and objectiva, and provide substantial input into the srudy Carannniry Movies Panels (CRP$) - Clips consist of focus groups of stakeholders that meet at times throughout the project todiscuss issues of common cottam. Members can also asset in informing others in theconvnatnity Clips could include business owners, neighborhood associations and public service representatives. The establishment of CRtts promotes Page 20 !1;tvid Evade,;+ ) d Assaeialo, line Strategic Operating lean Transtort - sectlan 3 - &opeaf't%"* equitable participation by ap%W interests wh ile engaging members as key participants in decision -making, Cory Hoard and Committee Ader.rl — The DF.A team will provide study updates to the City anti gather feedback at existing Board and Committee medings as needed. These may include the Transportation Board, Senior Advisory Board,and planning and Zoning Board at identified project miestones. Community Events and Uis 4q &oaths • Our public involvement program seeing to reach new participants and inform and educate the public through attendance at local events or community centers. Event options could include the Colorado Brewers' Festival or the Larirner County Fair if determined to be appropriate, Booths could be placed at locations such as the Youth Activity Center, Senior Center, Foothills Fashion Mall or Library'rhesc strategies could be part of a larger marketing effort for Transfnrt, with related Transfort 4do n uni n that actxnapanies study -specific Ltformatiort Methods of Conarromicatica DE& approach is to provide attractive.eye-catching public information materials. The project team can develop a wide variety of materials such as news releases, ntw$Idtero, brochures and a project web pageto disseminate information. OurteamwAl sttrategiee with Transfon and city stair regarding what audiences need to be targeted, what types of materials are needed, and when they will be most a factive. Overall strategies and approacPxs that will be used to attract more participants and make the pubtic. involvement Pon= more meaningful and productive include: Fetus each meeting at specific topics and issues. Distribute metting announcements via nnmy forums, including other groups' publications, the City wtbsite, local nrwspaper wcddy calendars, public access television dunaeis and community bulletin boards. • 'largo community representatives for special invitations to meetings, Request press coverage and establlth good media relations. Task 2 Den"rahfa- • Project Contract • Project Management Plan • Committee Meeting Schedule • Public Involvement Man • Public Meeting Materials • Monthly invoicing and progress reports Page 21 UavitI i*04: rend Asmzu Mrs, Ina Stratcgr"c Operating Plan - Ticansf ort Section 3 • Shupe of Rork Task -4 Goorviinaton of Plans and Projects The forte of this taut is in link Stratgic Operating Plan kamrnrork with current plans and coping studies and to ensure cmnam objectives and maximize cohesiveness among plats. Task 3 srs6Aasb frrdsulin 3.1 Cutordittate PlanningActivities with litisting Plats Current plats andelocuments terbcreviewed include theCity Plan,Structure Plan, Transportation Master Plan and the blaster Start Plan, Out team is familiar with many of these studies based upon our experience in tation plambigadivilicsinthengion.*willreviewpeni ent information from current "es i nglandtatanddcvClcfs KxtraWgin,trapeikauvice objectives, mobility challenges arid funding issues. T9rese will be summarized and incorporated to help guide Strategic Operating Plan priorities, policies and recommended courses of action. 3.2 Coordinaw Planning Activities with Ongoing Plans Several carping plarmingand design effnrtr will here an important influence on the Strategic Operating Plan. Of high importance is the Mason 'transportation Corridor project. With construction scheduled to begin in 2004 and gkT services operating in 2010, the transit network will require essential refinements to integrate all services. out project team members have past experience on the Masan Transportation Corridor and have previously explored the ntxxssaty system Wittstnwnt& Also iaToruttt is the artgohng development 9 Mbar Enhanced 'travel CDrridm where new bus routes have recently been implemented or plans exist for transit improvements. Tine OEA team will coordinate with other project representatives and clarify critical components of all ongoingprojects that may drive concepts or decisions for the Strategic Operating Plan, Task 3DeN>'eralik, Summary of Key pcmctria from Existing Pans and Ongoing Steadies Task 4 — Existing 2002 Strategic Operating Plats and Policy Review This uskwffi clarify theluyobjeUrees from d*2W2 Strategic Operating Plan and omfirmtheaspecu to advance versos any desired dwnges in direction. A key goal from rho previmm plan incktdrrt the emphasis on increased productivity as opposed to expanding transit access regardless M utilization. In addition, the plan attempted to increase relevanot of the transit system to the entire (sty and cSO. As part of Task 4, the DEA team w ill review the keys to a productive system that write articulated in the previous plan. thE'n also review the transit challenges to detesmiatt all issues that apply, and new challenges that should be aWtessed. Challenges related to Forth patterns, "et t mask development, transit w4aorientation, transfer requirementsatsd rtadwaytxutgestlon issues will be updated as part of data collection efforts in Task 5, A review of the finasrcial seems of the previous plea will also be conducted to inform Tnk 7 and the Financial Task Force proom The existing financial conditions will be reviewed aridtTFutakat to identify necessary updates. In addition, the methodology used to calculate "Wad operating casts for f rture scenarios will be evaluated and discussed with Tlandort for oplilicability in the Strategic Opera* Plan update. T"k 4 Deliverable; • Summary of Key EkmeMs from 2tto2 Transfort Strategic Operating Plan Page 22 CoH Strategic Operating Tranfmins Section3-Scope ofWar* Task 5 — Data Collection Data collection under Task 5 will focus on the array of information outlined in the RFR Our strategy will takeadvantage of dteweahh of information curecrulyavailable through the City public use website and GIs database. We will work with Transfort and City of Port Collins staff to prioritize information and identify available data sources and summaries to expedite the process and maxhnire efficiency. Information will be organized into, specific categories to streamline the process for data inquires during the course of the project. GIS topology will be used wherever possible to manage relevant information. Categories such as transportation networks, land use demographics, land use types household income,employment statistics, University populations,devetopment plans, environmental and travel behavior information will be organized for easy reference. David Evans a❑:I Ns. aialea, Ina: The current fixed route physical and operating characteristics, traffic conditions and other travel behavior information will be organized in a manner to support Task 6 for the evaluation of operating scenarios. Financial data and fare structure for the current Transfort system will also be organized for reference in Task 7. The DEA team recognizes that a project database has multiple uses. Needs may include periodic reference to confirm study area characteristics,the devdopmemof formal meeting exhibits to address critical topics and utilization of specific data for detailed operations planning and financial analysis. Our team places a high importance on data accuracy and organization to support many needs, and is well versed at tailoring data summaries and exhibits to serve multiple users. Task s Deliverablev • Data collection index • Project(; IS database with all relevant layers • Internal working files and databases as needed throughout project development process Task 6 — Review and Update Existing and Strategic fixed Route and Dial -A -Ride Operational Plans In this task, led by Jim Raker of Conaetics Transportation Group, the DEA team will begin with an extensive review of current Transfort transit service and performance characteristics to tint understand transit service need. A ncwv Strategic Operating Plant can then be prepared that builds upon the ideas from the 2002 Plan, but incorporates changes that address new service needs and phased strategies for a grid system. Given the magnitude and breadth of the this task, subtasks are described in much greater detail below Task 6 subtasks include. 6.1 Review Fitisting Fixed Route and Dial -A -Ride Service, as well as Associated Performance Standards Key information that will be needed from Transfort includes: • Daily, monthly and annual system and route level ridership reports • Route boardings and alightings (by stop, trip, direction, and time of day) • Route performance reports (e.g., reports detailing productivity factors such as passengers per bus -mile and/or bus -hour) • Recent fareboz data collection reports including boardings by fare category • Route travel time data including route run time analysis • Daily service requirements, (Le, miles, hours, peak and fleet vehicles required by route) for weekday, Saturday and Sunday • Current public timetables and system maps, headwayshects, most recent service run cut • Transforts current Annual Operating Budget and Fare Structure • List of transit equipment and facilities • List of service changes made by bid for the past three years fa'e 7 Page 23 David Itvans nod Associawt , Inc Strategic Opnre ft Plan - Transfort Section 3 - Scope of Wiwk Service productivity rrteasmes will then be identified on a systems and mate -level lws;s, by day of week and by bane period. Geographic areas or routes in the system that perthm wall or perform poorly will be identified. Common performance meaatres used to evaiharte fixed route services include: • passengers per revenue -hour • Passengers per revenue mile • Cost per passenger (operating subsidy per trip) • Fareboxrecovery (revenue percentagetooperating cost) Staff on the DEA team is familiar with performance monitoring treasures that are used at numerous transit agencies. %will evaluate current performance monitoring practices in place at Transfo t, and recommend a formal process to measure service performance, based on peer agency analysis and our own expe rience. Task6.1 Deliverables: • Technical Memorandum -TransfortService Performance Assessment • Technical Memorandum - Recommended Service Performance Indicators and Service Evaluation Process 6.2 Analysis of Current Service Area and Operational Productivity of Transfort In this subtask that we propose to complete a more chaired evaluation of each Tiansfart fixed route. We have broken this task into three important components: Service Arcs Feld Observations: Service planners will dedicate ample time 'in the field" ridingTransforttmnsitseryke;drivingthestu dyareaandobservingbasictransitoperatims. Field observation is critical to understanding system structure (route alignments, transit facilities), operating environment (tumor' g radii, land use said densities, major traffic generators), local geography and customer mobility needs (originaldeatinations, major trip generators). • 7hmsforr Sniff Input. Direct communication is sought from front-line agency stoff (bus existing and future services. Information concerning mute histotycutaert,# ntttagth weaknesses and opportunities, service performance,cunentservice plans (orahoughts) an route recommendations. Input will be solicited through one-on-one and group meetings, • Prepare haute Performance Preftks and Service Efficienq Anrfysis: A set of performance reports will be created for ag bus services provided m the region. This will involve the assembly of available data seated to service performance and thedevelopmentof consistent performance pmfiles, including: • Load factors and maximurn load points (by route, trip, direction, and timeof day) • Average seat milimcion • Schedule adherence and running time between time points • Ridership and fare revemte information from krebox reports (if availisle) • Rotate level cost data (if avatilable) • Service statistics (mute miks,peak bus requirements, totall evenue miles and hours) Included in the route profiles will be a review the following key operational, service alignment and schedule issues for each route: • Headways (service frequencies) • Passenger loads by mute segment relative to capacity • Route complexity, including turn -backs circuity and branches Page A P#ge 24 ...._......_ . . _ David Fvuw arced Assoctates. In•: Strategic Operating Plan-Transfort section 3 - scope of Work • Locations of transfer centers, opportunities for timed transfers • Equipment utilization and assignment by type • Directness and redundancy of mute alignments • Scheduling arrivalldeparture times at key generators • Tmnsler needs and opportun ities • Interlining (scheduled through -routes) • Layover and terminal locations and recovery times • Operating hours, days of service • Schedule adherencetrunning times • Alternative service types, including fixed route options (local, limited, express, circulators) and service substitution opportunities • Tkaffic and bus turning movement considerations, and • Passenger amenities (facility, shelter and bus stop needs) Task 6.2 Deliverable: • Technical Memorandum - Route Level Performance Evaluation 6.3 Analysis of the 2002 Transfort Strategic Operating Plan Four Phased Approach to Developing a Grid Transit Network As part of this tusk, we propose to complete a comprehensive review of the 2002 service plan recommendations. to determine the extent in which they address service issues identified in Tasks 6.1 and 6.2. Local rkmograph is characteristics have changed considerably since 2002 and the CSU Transit Center is now in place. New shopping centers and residential neighborhoods have been constructed, and sonic needs may no longer be applicable. Corwers* there may be new service needs that were not apparent in 2002. Thus, it is important to not consider the 2002 plan as "set in stone, but rather, evaluate that plan's ability to address an updated set of conditions. Key factors in this evaluation will include the ability to serve identified transit markets; specific route alignments; frequencies; day of week operations; service spans; transfer needs and connections; integration with Mason Transportation Corridor plaits; and the ability to phase service changes. We propose a workshop with City staff to review results from this evaluation and to discuss potential modifications to the 2002 Strategic Plaos tong-rautp vision. Its envisioned that this evaluation will result in an updated long-range service plan that is incorporated into the updated Transfort Strategic Operating Plan. Task 6.3 Deliverables: • Technical Memorandum- Evaluation of 2002 Strategic Operating Plan and Recommended Long -Range Wan for New Strategic Operating Plan. 6.4 Update Operating and Financial Plans in Accordance with Each Phase of Grid Development A critical task in the development of this Strategic Plan is crafting impleracretable phases. The long-range vision in this Strategic Plan may reflect a need for financial sources that are not yet in place forTFansfort. furthermore, it is likely that transition to a grid network is going to need to be completed in phases - with regards to geography (e.g.,quadrants of the service area) and service levels. The appropriate number of phases depends on the extent to which service changes are proposed in the long-range vision, and the anticipated time period For reaching the long-range vision (e.g. 10-years,20-years). We suggest at minimum, the first phase should coincide with opening of the Mason Transportation Corridor Project An appropriatesecond phase might be 3 to 5 years after the Mason Transportation Corridor Projects opening yrar. Page v Page 25 David !,vans And A9sm iwvs, In( Jtfnregir Uperating Plan - I rianstorr Serrion 3 - Srope of R'ark Por each phase, detailed service plans will be developed that identify peak bus requirements and service statistics (revenue -miles and revanw-hours). Impacts on transit center operations, equipment andother facilities will also be identified. Financial requirements (capital and 0&M) will be incorporated into the Financial Plan (Task 7A). It may be beneficial to break-out service modifications within a particular phase into implementable "packages". For example, service recommeadations may include route interlines, or may include route alignment "swaps". Thus, it is important to implement service changes in a manner drat will not adversely affect service to a particular area, or adversely impact route interline plans. Task 6.4 Deliverables: Technical Memorandum -Draft of Phased Service Plans for the Updated Transfort Strategic Plan (including identification of operating and financial requirements by phase). 6.5 Regional Connections The City of Fort Collins has been a participant on the North 1-25 EIS effort. A component of this project has been the development of regional transit service plans. It will be important to integrate those regional transit plans with City transit services. Staff at connetics participated in the development of those plans, thus are familiar with current North 1-25 service proposals. The actual implementation of regional transit services in the North Front Range corridor is dependant on many conditions that are outside of the City$ control. As a result, the timing of such services remains an uncertainty. Nevertheless, it is important that this Strategic Operating Plan take into consideration proposed regional transit service plans and park -and -ride lot locations, and identify areas where transfer connections can be accommodated to meet regional trawl needs of North Front Range residents. Task 6.5 Deliverables: Technical Memorandum - Current Regional Transportation Service Plans and Integration Opportunities with Transfort Service 6.6 Final Operating and Financial Plans. The preparation of the Transfort Strategic Operating Plan will include participation "a public, key stakeholders and Fort Collins City Council members. It is anticipated that this input will result in theneed for modifications to the draft serviceplans p ioureditt Wks 6.3 and 6A. Work under Task 7 (Implementation and Financial Plan) may also result in the aeod for adjustments to service plans (e.g. if revenue stream assunyNiona and potetsWI ulding swim ate modified); Thus, it is in this task service plans and resulting operational*Ohluagtdad mquuettmn*will be modifiod, for incorporation into the Final Strategic Operating tin Task 6.6 Deliverable. Technical Memorandum -Final Service Plan Recommendations for the Strategic Operating Plan 6.7 Poudm School District Analysis Rick Evans of RAE Consultants, Inc. will lead this task and facilitate the process to address the feasibility of providing bus service to students attending secondary schools within the Pwdm Sdtod District. The task will explore opportunities for utilizing existing services and specific phases of a future grid system route structure. Page to Page 26 Dovid Ev,ins.md Assoctares, In" Strategic Operating Plan - Transfort Section 3 - Scope of Work ExistingServices The first step in this task will be to conduct stakeholder interviews or a focus group meeting with key representatives of the Poudre School District (PSD). The intent will be to determine specific interests or nerds in terms of secondary student use of Transfort bus service. An overview of current secondary school catchment areas will be obtained (via home zip codes or other sources) to determine the current interface with Transfort bus services. Existing school district transportation services will also be documented and assessed for their effectiveness and comparison to public transit route patterns. Current and potential future public transportation service options will discussed for each relevant school. Opportunities and perceived barriers to secondary student use of the public bus system will be identified and included in a summary report. Grid System Structure Daring this task the team will integrate PSD interests into development of the overall Transfort Strategic Operating Plan. The technical analysis will consider the tradeoffs and cost effectiveness of redundant services versus a single public transit provider. Two stakeholder outreach options will be considered. One option will be for the consultant to review overall Transfort service alternatives, being developed through Task 6, with the stakeholders to obtain feedback regarding how well the proposed service options fit with School District interests. The second option will be to conduct a secondary school focus group in conjunction with the other focus groups or CRP's. The goal will be to assure that PSD interests have been thoroughly considered in the development of the overall Strategic Plan. Task 6.7 Deliverables: Technical Memorandum — Draft and Final Feasibility Assessment and Recommendations for Provision of PSD Student Bus Service with Transfort Services. Task 7 - - Implementation and Financial Plan Ford Prick of BBC Research & Consulting will lead this task and provide key technical support for the Transfort Strategic Operating Plan Financial Task Force. Funding and financial information will be documented in technical memoranda for use at Task Force and other standing committee meetings. In addition, representatives from BBC and the overall DEA team will be available to attend specific meetings as prescribed. Task 7subtasks Include, 7.1 Develop pare Policies and Structure This task will involve an initial review and subsequent work session with Transfort and City staff to address current fare policies and structure. It will be essential to understand current perspectives on fare structure and if there are critical issues and policies that require special attention. The DEA team will work closely with Transfort, the City and the Financial Task Force to examine the tradeoffs and sensitivities associated with fare policy adjustments. Tradeoffs of most importance would include, general ridership incentives or disincentives, revenue streams, compatibility with connecting regional services, transit pass concepts and payment methods. Fare policy recommendations will be considered concurrently with the finding source analysis in subtask 7.2. Task7.1 Deliverable Technical Memorandum — Fare Policy and Structure Review and Recommendations 7.2 Funding Source Analysis This task will begin with a review of the existing Transfort funding structure and, with the DEA team and Transfort staff support, examine the proposed costs of system enhancement, This Page II Page 27 Cn a CO— [tins Strategic Operating plan - Transfi�rt �-.,, section 3 -and of Wnrk analysis will include a preliminary evaluation of various institutional Lion 3 -and financing mechanisms appropriate for a project of this magnitude, David titans and Associ4w,%, Inc BBC will develop an array of funding options and rewroic enhancement prospects for consideration by the Financial Task Force. Options will include various taxes, fees and charges, the use of districts or authorities and broader community financial partieipation.With task force input, reasonable options will be evaluated and projections of revenues developed —all aimed at generating sufficient revenue to pay fortheproposedsystemexpauaion.Bachprospect a cold be evaluated against a set of criteria that include revenue raising capability, fairrtesa and equity, practicality and reliability of the revenue. Task 7.2 Deliverable. Technical Memorandum -Funding Source Analysis 7.3 TransfrrtStrategic Plan Financial Task Force Information developed as part of Tasks 7.1 and 7.2 will be made available to the Financial Task Force on an as needed basis. Forthermom DEA team members will coordinate a required schedule or specific number Of TIT Force Meetings that require attendance as part of the Project Management Plan in Task 2. 7.4 Final Implementation and Financial plan Once the DEA team and the Financial Task Force reach an acceptable agreement regarding the fundingplan, BBC willcreate a financial model thatprojects Tmnslortterenues oW improvmtent expenditures over the planning period. The financial modelwill serveasabasisfor aaiutegcated implementation and financing plan. Task T 4 Deliverable. • Draft and Final Financial Implementation Plan for the Strategic Operating Plan Task 8 — Plan Adoption Within this task, the DEA team will prepare an informational package to support briefings and the approval process for the Final Strategic Operating Plan. Final report documentation from Taks land 7 will be combined into a technical report and a creative executive summary document or brochure targeted at key decision makers and the public. The report will be a compilation of the technical memoranda completed over the coarse of the project. The companion cicicurttettt will be designed to serve as an informational tool for project advancement with a concise user-friendly format that provides, a visual summary supplemented by limited text. This product will summarize the participants, study process, community input, and primary features of the recommended Strategic Operating Plan, The DEA team will also work with traasfntand the City ofFort Collins todev afiniipresentation . formal and necessary materials (PowerPoint alideshow, illustrative exlnibhs, a compilations) to support necessary presentations to the City Transportation Board, City Coundl ktkSessionWthe Fort Collins City Council, Project Schedule DEA has prepared a draft project schedule that generally follow the timelines prestated in the RFP. We have also placeholders for strategic meetings throughout the course of the Project As part of the project initiation phase, we will work with lkansfort and City staff to develop a practical and productive timeline for completion of a successful project. Page 28 EXHIBIT B WORK SCHEDULE TSP Schedule Consultant Selection DecTASK May Jun Jul Auji Sep Oct Noy -' mms Flamm i Protect StadupiManagement - - Public Meetings Community Resource PaneWocus Groupsl3takebolder knervlews ` �7 a 2 Coordmatwn of Plans and Projects 3 Existing Strategic Plan and Policy Review Data Collection 5 Rev** art! Update Strategk Operational Plan 6 knpletnentaticifffundmg Plan - -_ Financial Task force T City wN Board/Committee UpdaMs/Plan Adoption - $ Ij' �• 113 KickofMeeme ..s ftw Nevow StakeholderMeet"s F NMW Ta6k Force 81-weekly Meetings 13 Cdy CouncimmanUhe Uodates Page 1 0 Transportation Board 0 Council Work Session 0 Couned Meefng increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor Page 3 Strategic Operating Plan-Transfort Scope of Work Cost Estimate David Evans and Associates, Inc. June 26, 2008 David Evans and Aasocbtes, Inc. B. Byrre I Schumm WeeksrChase Showalter Lan man Lawaord Agnew Miller Cassel C. B Guse Ha Denton Task Principal in Chi . Sr. V.P. Prci c Manager, Sr. Assoc. Sr. Trans Planner TayslEnviron Planner Prow Coordinator/PI Specialist Jr. Trans Planned GIS/ Graphics Sr. Graphic Specialist Sr. Motimstralow Support Admin/ Accoutring Assist DEA Hour by Task IDEA, Cost by Task loud Billin Rate $223.00 110.00 $102.00 380.00 8. 00 $53.00 $73.00 $74.00 $56.00 1.1 Develop budget 0 $ 1.2 Define mrkin groups 0 $ 1.3 Project Management Atlminisire0on 1 2 6 6 14 29 $ 2,739.00 1.4 Define overall planning mos. 1 4 - 5 $ 903.00 1.5 Developloonduct public outreach process 24 60 1 8 60 38 4 194 $ 18,430.00 1.6 Core Team Meetings 74 1 73.6912 $ 12,527.50 1.3L Project Management AdminisiaOon - Loveland 2 4 1 4 8 1 18 $ 1,69200 1.41- one overall planning process - Lweland 2 2 E W.00 t.SL Dave d /contlupublic ooteach process - Loveland 10 24 6 24 16 2 81.99835 $ ],736735.7272 Subtobl Task 2 2 118 94 14 94 54 0 28 0 404 $ M,36722 2 DooMnrion of Plane and Proects 2.1 Coordinate planning activities with exisfin Tans 4 6 4 14 $ 137200 2.2 Coordinate planninA acivites with ongoing lans 8 8 d 22L Coordinate emb d tale, - Loveland 5 8 6 19 $ 12808.00 Subtotal Task 3 0 17 0 22 0 14 0 0 0 63 $ 5,392.00 3 Existing 002 strategic Coviding PWnlPoIic,, Review 3.1 Plan review and summaries 1 2 8 11 $ 1,203.00 3. 1 L Fan review and summaries - Loveland 5 6 11 $ 1,330.00 8ubbnal Task 1 7 0 14 0 0 0 0 0 0 $ 2,533.00 4 Data Cdlactlon 4.1 Data colleclim activities and summaries 6 10 12 28 $ 2,456.00 4.11 Dais collection actvi8es and summaries - Lwelantl 4 8 6 18 $ 1,638.00 Subtotal Task 5 0 10 0 18 0 18 0 0 0 46 $ 4,094.00 5 Review and Update of Strateetc Fbretl Route and Dlabs411de Operational Plans 5.1 Review ensfing service 3 3 $ 510.00 5.2 Analysis of current service area and productivity 1 2 3 $ 563.00 5.3 Analysis of W SOP four phased rid netxrork 8 8 $ t,360.00 5.4 Update operali g and fnaooial plan in accordance with phased gird network denelopinmrs 8 8 $ 1,3W.W 5.5 Regional connections 0 $ 5.7 m8 and Flnantisl Fans 1 4 $ $ 9IX1A0 5.SALRudta.5rfwo10iser so. Pouc 1 28.. 2 ` 46 - 12 22 4 e 123 tt,754� 5.1L Review ensOn service and mtluc0v' -Loveland 2 2 $ $ 340.00 52L Dave i stra is build out fuetl-rcute plan - Loveland 2 2 $ 340.00 5.31L Funher develop coord. with Trenslwt service- Loveland 8 8 $ 1,360.00 5.41L Update COLT 10- ca dal impnwernern plart- Loveland 16 4 8 6 3a $ 5.5LU ate COLT 10. financial Ian-Lw Loveland 4 8 12 $ 1,32000 5.6L Final COLT Sire Fan 16 4 3,04.00 0.00 Subtotal Task 3 101 6 66 12 28 0 4 8 228 $ 26,93636 fi Implementation and financial Plan 0 6.1 De"loo fare policies and structure 4 4 8 $ 1,572.00 6.2 Funding source analysis 2 2 $ 340.00 rl Straterre is Fan Financial Task Force 6.3 TrionFinal 2 2 $ • d Final Im kmenb8on and Financial Plan I 4 4 680.00 $ 680.00 5.1 6.1LCood COLTRrensbn fnandal anal isRask Force - Lovelantl 4 4 $ 680.00 6.21 Final COLT I lemenbfion and Financial Fan -I-s and 2 8 2 12 $ 130200 Subtobl Task 7 4 18 0 0 0 0 2 0 0 323 4,91&00 7 Ran Ado "on 7.1 Briefings 0 $ 72 Finaldocumentationdoumenbtion 2 12 18 0 32 $ 7.2L Final tlocumeda8on - Leland 8 6 6 16 w 30 2,784.00 $ 2,784.00 Subtdal Task 2 20 18 0 14 0 4 0 48 106 f 8A94.00 Total Hours 12 290 126 134 120 114 6 32 56 890 Direct Labor Cost $ 2,676.00 $ 49.338.48 $ 12,852.00 $ 10,720.00 $ 10'560.00 $ 6'642.00 $ 438.00 $ 2,368.00 $ 3,136.00 E 98,130.48 $ 98,130.48 %tours 1% 17% 8% 8% 7% 7% 0% 2% 3% 54% Check is, Cost 1% 26% 7% A-G .1 t% Amore Trips- - - - - 8 $ Rental Car Da $ - $ Parkin Da $ - $ -_ Hotel/Meals pa $ s Misc. Travel Expenses shuttle, tips, etc. $ Local Mika-Trenskn Mile 1,500 $ 0.505 $ 757.50 Lprat ' -PSD Moe 300 a $ 0.505 $. 151.50 Local Mika -Loveland-COLT - Mile 520 $ 0.505 $ 262.W Mist. . Pridin FotO Delwe-Trdnsfat LS 1 1,100 1,100.00 Mtsc' -PSO LS 1 1 10D.00 Misc. Exp.(Pnnfling, placing,Deliv-Loveland-COLT Total Expenses $ 2,872 Transfort Subtotals E 58,438 PSD Subtatalel $ 12,006 Loveland Coll Subtotalsj $ 30,5W TOTAL PROJECT COST 1 $ 101,002 Combined Estimate 0:1Prop0aalST0rl Collins TransfornContracBSOP Transfon OVemll Labor_Costs 6-26-taxis 6262008 Strategic Operating Plan-Transfort Scope of Work Cost Estimate David Evans and Associates. Inc. June 26, 2008 Connadcs I.. driall. Group BBC Research and Coreoffind RAE Consulting Baker Higgerbotham Hollis Frick Orens Atlmin Staff Evans 'r Task Corrado, Hours Task Connetics Cost Task BBC Hours by Task BBC Coat by Task RAE Hours by Task RAE Cost by Task SoYi ,11a1wa TLk. Tow we)da4k, -'Tall:-: ` Hourly Billing Rate $144.01 $104.56 $75.95 E200.00 140.00 $65.00 $105.00 1 1.1 Dewlap budget 0 $ 0 $ 0 0 $ 0 $ 1.2 Define mr,ing groups 0 $ - 0 $ 0 0 3 0 $ 1.3 Project Management Administrative 0 $ 0 $ 0 0 $ 29 $ 2,739.00 1A Define overall planning process 0 $ - 0 $ 0 0 $ 5 $ 90100 1.5 Devel cpWuct public oulreach process 0 $ 0 $ 0 0 $ 194 $ 18,430.00 1.6 Core Team Mason 0 $ - 0 $ 0 0 $ 74 $ 12,527.50 1.31-P 'ect Management Adminidral- Lovelantl 0 $ t 4 5 $ 760.00 0 0 $ 23 $ 2,452.00 141 Define overall planning process - Lovelantl 0 $ - 0 $ 0 0 $ 2 $ 340.00 1.5L Dawk, conduct public outreach process,- Lovelantl 0 $ 0 $ 0 0 $ 82 $ 7,735.72 Subtotal Task 2 0 0 0 0 $ 1 4 0 5 E 760.00 0 0 E 409 $ 45,12722 2 Coordinatlon of Plans and Projects 2.1 Coordinate planning activities w4h eastrg plans 0 $ - 0 $ 0 0 $ 14 $ 1,372.00 22 Coomnale planning activities whhongoing plans 0 $ 0 $ 0 0 $ 20 $ 2212.00 2.21 Coon male axisfin /on d lans- Lovelantl 0 $ 0 $ 19 $ 1,808.00 SubtWl Task 3 0 0 0 0 $ 0 0 0 0 $ 0 0 $ 53 E 5,392.00 3 lodsling 2W2 Stra to Cal PlardPollcy Review 3.1 Ran review and summaries 0 $ 0 $ 0 0 $ 11 $ 1,203.00 3.1L Ran review and summaries - Loveland 0 $ - 0 $ 11 Subtotal Task 4 0 0 0 0 $ 0 0 0 0 s 0 0 $ 22 $ 2,533.00 4 Dab Collection 4.1 Data collection adivifies and summanes 0 $ - 0 $ 0 0 $ 28 $ 2,458.00 4.1 L Dala collection activi9es and summaries - Loveland 0 $ - 0 $ 18 $ 1,638.M Subtotal Task 0 0 0 0 $ 0 0 0 0 $ 0 0 S 46 $1 4,094.00 5 Review and Update o1 Strategic Fixed Route and Dialer -Ride operadcanad Plans 5A Review e:kisUng service 8 20 8 36 $ 3,850.88 0 $ 0 0 $ 39 $ 4,360.88 52 Ana is of wnent servbe area and produdwity 34 34 34 102 $ 11.033.68 0 $ 0 0 $ 105 $ 11,5%.68 5.3 rknalySmo/2002 SOP tour phased grid neMork 16 24 40 $ 4,813.60 0 $ 0 0 $ 48 $ 6,173.60 5.4 Uptlzb oosabng and financial plan in accordance with phased grid network tleveb meet 30 38 38 ice $ 11,179.68 0 $ 0 0 S 114 $ 12.539.68 5.5 Regional connections 0 1 $ 0 $ 0 0 $ 0 $ 5.6 Final Operaling and Mnans al Mans 16 16 $ 2,304,16 D $ 0 0 $ 21 $ 3.207.16 5.7 Poutlre School Oland analkikis 12 12 12 36 $ 3,89424 2 2 4 $ 6W.00 124 124 $ 13.020.00 286-5368 $ 29.348.W 5A L Review exildng service and productivity -Lwdand 8 8 12 28 $ 2,899.96 0 $ 0 0 $ W $ 3239.96 52L Dawldp 1 0-y,strata is buildoul fih d roule plan - Loveland 8 8 12 28 $ 2,899.96 0 $ 0 0 $ 30 $ 3,239.96 5.31- Fuller develop coord v4ih Transfol service - Lowland 8 8 16 $ 1,988.56 0 $ 0 0 $ 24 $ 3,348.56 5.41 Update COLT 10- capital im rwement plan - Loveland 8 8 $ 836.48 0 $ 0 0 $ 42 $ 4,922.48 5.51-U ale COLT 10-w finandal plan - Loveland 1 8 8 $ 836.48 0 $ 0 0 $ 20 $ 2,156.48 5.61- Final COLT Strafe is Plan 8 16 16 -40 $ 4,040.24 0 $ 0 0 $ 60 $ 7,08024 subtotal Task 148 184 132 464 S 50,577.92 2 2 0 4 IS680.00 124 124 $ 13,020.00 $19.5368 $ 91,214.18 film emenb8on and Financial Plan 6.1 Develop fare polims and structure 0 $ 8 12 2 22 $ 3,410.00 0 0 $ 30 $ 4,982.00 6.2 Funding source analysis 0 $ - 6 18 2 26 $ 3,850.00 0 0 $ 28 $ 4,190.00 6.3 Translod Strat is Plan Financal Task Force 0 $ - 12 24 2 38 $ 5,890.00 0 0 $ 40 $ 6,230.00 6A Final 1 lamentation and Financial Man 0 $ 12 24 6 42 $ 6,150.00 0 0 $ 46 $ 6,830.00 6A L Card COLTfrtansfort financial analysis/ask Force - Lovelantl 0 $ - 8 24 32 $ 4,960.00 0 0 $ 36 $ 5,640.00 61L Final COLT I Iemantabon and Financial Plan - Lovelantl 0 $ - 6 6 $ 840.00 0 0 $ 18 $ 2,142.00 Subtoal Task 7 0 0 0 0 $ 46 109 12 166 $ 25,100A0 0 0 $ 198 $ 311,014A0 7 Plan Ado bn 7.1 ene6n 0 $ 0 $ 0 0 $ 0 $ 7.2 Final documenlation 0 $ - 0 $ 0 0 $ 76 $ 7,110.00 7.21 Final documenlafioi- Lovelantl 0 $ 4 4 8 $ 820.00 0 0 $ $ 3,604.00 Sublobl Task 0 0 0 0 IS 4 4 8 S 820A0 0 0 $ 1138 41 $ 10,714.90 Total Hours 148 184 132 464 49 118 16 183 1 1 124 124 1,661 Direct Labor Cost 1 $ 21,313.48 1 $ 19,239.04 1 $ 10,025.40 1 $ 50,577.92 $ 9,800.00 $ 16,520.00 $ 1,040.00 1 $ 27,360.00 1 $ 13,020.00 E 13,020.An E 189,088.40 % Hours %Cost 9% 11% 8% 28% Check 3% 7% 1% 11% a Check oo 7% 7% a Checkv oo Check 11% 10% 5% 27% 5% 9% 1% 14% 7% 7% +nnx Airfare Pwncfinp Airfare -from Adanla B IA 5 round trips It $450/Ocket $ 2,250.00 $ $ Rental Car Renal Car-3 trips. 2 saw each, 0 $6Wday $ 480.00 $ $ Parking Parkin $ $ $ _ HolakAleals IlotellMeals-$1251hi ht howl, $401day per them $ 1,690.00 $ $ Miss. Travel ses shuffle, tips, etc Misc. Travel enses $ $ $ Local Mileage - Transforr $ Mileage $ 500.00 $ Loral M' -M Mac Travel Expenses $ 400.00 Loral Mika - LovalantlLOLT $ 175.00 Mist. Ex .Ring MOain Relive - I ransfol Misc. $ Max. Ez . 100.00 - Mac. Pbiti -PSD Misc.. Misc. M.nenang, MoUin,I, Delivery) -Lomland-COLT M.C. Total Expenses $ 4,420 It 775 $ 400 Transfort Subtotals $ 36,662 $ 19,900 $ - .PSD Subtota 3 3.894 S 6E0 E 13420 Loveland Colt Subtotalsl $ 14,442 E 7,555 $ - TOTAL PROJECT COST - 1 $ 54,9981 $ 28,135 E 13,420 Combined Estimate %Hours %Coat 0% 0% 0% 0% 2% 1% 0% 0% 1^ 10% 4% 7% 1% 1% 0% 0% 5% 4% 25% 24% % % % % 1% 1% 3% 3% % % % % 1% 1% 2% 1% 1% 1% 3% 2% 2% 2% 6% 6% 3% 3% 7% 7% 0% 0% 1% Z% 17% 16% 2% 2% 2% 2% 1% 2% 3% 3% 1% 1% 4% 4% 49'/. 48 % 2% 3% 2% 2% 2% 3% 3% 4% 2% 3% 1% 1% 12% 16% 0% 0% 5% 4% 2% 2% 7% 6% 100% 100% $ 189,088.40 Check 100% $ 8,467 E 115,000 E 30,000 E 52,555 $ 197,555 Grand Total O1ProlxiaelsTort Collins TransforhContrachSOP Transfort Overall Labor Costs 6-26-08.xa 6Q 008 EXHIBIT D INSURANCE REQUIREMENTS 1 The Service Provider will provide from insurance companies acceptable to the City the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid the Service Provider shall furnish the City with certificates of insurance showing the type amount class of operations covered effective dates and date of expiration of policies and containing substantially the following statement The insurance evidenced by this Certificate will not be cancelled or materially altered except after ten (10) days written notice has been received by the City of Fort Collins In case of the breach of any provision of the Insurance Requirements the City at its option may take out and maintain at the expense of the Service Provider such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City its officers agents and employees shall be named as additional insureds on the Service Providers general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Providers employees engaged in work performed under this agreement Workers Compensation insurance with statutory limits as required by Colorado law 2 Employer s Liability insurance with limits of $100 000 per accident $500 000 disease aggregate and $100 000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury including accidental death as well as for claims for property damage which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a 'broad form basis The amount of insurance for each coverage Commercial General and Vehicle shall not be less than $500 000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor which liability is not covered by the subcontractor's insurance Page 1 FEDERAL REQUIREMENTS EXHIBIT E SPECIAL PROVISIONS TABLE OF CONTENTS BUYAMERICA REQUIREMENTS....................................................................................................3 CARGO PREFERENCE REQUIREMENTS.......................................................................................3 SEISMIC SAFETY REQUIREMENTS................................................................................................3 ENERGY CONSERVATION REQUIREMENTS...............................................................................3 CLEAN WATER REQUIREMENTS...................................................................................................4 LOBBYING...........................................................................................................................................4 ACCESS TO RECORDS AND REPORTS..........................................................................................4 FEDERALCHANGES..........................................................................................................................5 CLEANAIR..........................................................................................................................................5 RECYCLEDPRODUCTS....................................................................................................................6 DAVIS-BACON ACT...........................................................................................................................6 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C: 827 -333 (1995) ....I I Section107 (OSHA): ........................................................................................................................... 12 COPELAND ANTI -KICKBACK ACT..............................................................................................12 NO GOVERNMENT OBLIGATION TO THIRD PARTIES............................................................13 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS.......................................13 ANDRELATED ACTS......................................................................................................................13 TERMINATION..................................................................................................................................13 GOVERNMENTWIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)................16 PRIVACYACT...................................................................................................................................18 CIVIL RIGHTS REQUIREMENTS...................................................................................................18 BREACHES AND DISPUTE RESOLUTION..................................................................................19 PATENTAND RIGHTS IN DATA....................................................................................................20 DISADVANTAGED BUSINESS ENTERPRISE (DBE)...................................................................22 INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS.............................................25 PROHIBITEDINTEREST..................................................................................................................25 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ...................25 ATTACHMENTS: Attachment 1 Buy America Requirements 2 pages Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements 1 page Page 2 BUY AMERICA REQUIREMENTS 49 U.S.C. 53230)49 CFR Part 661 The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C. 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 1241 46 CFR Part 381 Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment material or commodities by ocean vessel. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Page 3 CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Clean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sec . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 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. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal. Certification for Contracts, Grants, Loans, and Cooperative Agreements 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. Not applicable Page 4 3. 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. 4. 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. 5. 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. 6. 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. CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 Clean Air 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.. 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 2. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Page 5 RECYCLED PRODUCTS 42 U.S.C.6962 40 CFR Part 247 Executive Order 12873 Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. DAVIS-BACON ACT 40 USC . 276a -276a-5 (1995) 29 CFR. 5 (1995) The language in this clause is mandated under the DOL regulations at 29 C.F.R.. 5.5.) 1. Minimum wages — (i) All laborers and mechanics employed or working upon 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), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employees payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis -Bacon poster (WH-1 321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iii) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable Page 6 standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (iv) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 2021 0. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 2. Withholding - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on 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), all or part of the wages required by the Page 7 contract, the City of Fort Collins may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. 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. (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Fort Collins for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Page 8 delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the 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. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: Page 4 (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1 001 of title 8 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Page 9 (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 1 1 246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility Page 10 (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.1001. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C. 827 -333 (1995) 29 C.F.R. , 5 (1995) 29 C.F.R. , 1926 (1995) Pursuant to Section 102 (Overtime): (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Page 11 (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. COPELAND ANTI -KICKBACK ACT 40 U.S.C. , 276c (1995) 29 C.F.R. , 3 (1995) 29 C.F.R. , 5 (1995) 3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has included a Page 12 section on the Copeland Act in the mandatory language of the Davis -Bacon provisions. The language can be found at . 5.5(a)(5) of the Davis -Bacon model clauses and reads as follows: NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C.. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.. 5307, the Government reserves the right to impose the penalties of 18 U.S.C.. 1001 and 49 U.S.C.. 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1 D Page 13 a. Termination for Convenience (General Provision) The City of Fort Collins may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Fort Collins, the Contractor will account for the same, and dispose of it in the manner the City of Fort Collins directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of Fort Collins shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City of Fort Collins from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. Page 14 f. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins shall agree on payment for the Preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City of Fort Collins. g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor changed with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Fort Collins shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate by Page 15 delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless -the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Fort Collins or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the Work performed up to the time of termination. If, after serving a notice of termination for default, the City of Fort Collins determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR 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 . Page 16 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Fort Collins may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the City of Fort Collins if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," :"participant," "persons," 'lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 149 CFR Part 291. You may contact the City of Fort Collins for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City of Fort Collins. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City of Fort Collins may pursue available remedies including suspension and/or debarment. "Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R.. 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Page 17 (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. PRIVACY ACT 5 U.S.C. 552 When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.. 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C., 623, 42 U.S.C., 2000 42 U.S.C., 6102, 42 U.S.C., 12112 42 U.S.C.. 12132,49 U.S.C., 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. . 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.. 12132, and Federal transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights Act, as amended, 42 U.S.C.. 2000e, and Federal transit laws at 49 U.S.C.. 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment Opportunity," 42 U.S.C.. 2000e note), and with any applicable Federal statutes, Page 18 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5- 102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. Page 5 executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.. 623 and Federal transit law at 49 U.S.C.. 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.. 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18 FTA Circular 4220.1 D Pick applicable clause: (1) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City of Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. (2) Performance During Dispute - Unless otherwise directed by the City of Fort Collins, Contractor shall continue performance under this Contract while matters in dispute are being resolved. (3) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. (4) Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Fort Collins and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City of Fort Collins is located. and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and Page 19 remedies otherwise imposed or available by law. No action or failure to act by the City of Fort Collins, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights ,as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R., 18.34 and 49 C.F.R.. 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)I and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. Page 20 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. (b) 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. (c) This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause , provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. Page 21 (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 - This following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 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. Page 22 Disadvantaged Business Enterprise Provision 1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match projected procurements with available qualified disadvantaged businesses. the City of Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by the City of Fort Collins as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. (a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of the City of Fort Collins to promote the development and increase the participation of businesses owned and controlled by disadvantaged. 'DBE involvement in all phases of the City of Fort Collins procurement activities are encouraged. (b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the contractor noncompliant and in breach of contract. (d) The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with the City of Fort Collins DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of the City of Fort Collins and will be submitted to the City of Fort Collins upon request. Page 23 (e) the City of Fort Collins will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: * Identification of qualified DBE * Available listing of Minority Assistance Agencies Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the contract: (a) Disadvantaged business "means a small business concern": i. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or more women individuals who own it. (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. (c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. i. "Black Americans", which includes persons having origins in any of the Black racial groups of Africa; ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; Page 24 V. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh. Transit Vehicle Manufacturers (26.49) The City of Fort Collins will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements of this section. 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.I11) Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. Page 25 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323U)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date Signs ComK Title Page 26 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all Bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non -Compliance with 49 U.S.C. 5323U)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or 0)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title Page 27 Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants Loans and Cooperative Agreements (To be submitted with each bid or offer exceeding $100 000) The undersigned [Contractor] certifies to the best of his or her knowledge and belief that (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract the making of any Federal grant the making of any Federal loan the entering into of any cooperative agreement and the extension continuation renewal amendment or modification of any Federal contract grant loan or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract grant loan or cooperative agreement the undersigned shall complete and submit Standard Form- LLL Disclosure Form to Report Lobbying in accordance with its instructions [as amended by Government wide Guidance for New Restrictions on Lobbying 61 Fed Reg 1413 (1/19/96) Note Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P L 104-65 to be codified at 2 U S C 1601 et seq )] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts subgrants and contracts under grants loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U S C 1352 (as amended by the Lobbying Disclosure Act of 1995) Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 000 and not more than $100 000 for each such failure [Note Pursuant to 31 U S C 1352(c)(1)-(2)(A) any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10 000 and not more than $100 000 for each such expenditure or failure ] The Contractor 2), kIi(� E i^ M� 65 czCCY ( certifies or affirms the Truthfulness and accuracy of each statement of its certification and disclosure if any In addition the Contractor understands and agrees that the provisions of 31 U S C A 3801 et seq a 1,1W}9r a ication and disclosure if any Signature of Contractors Authorized Official tlaawrvt UI 92�4doame and Title of Contractors Authorized Official Date W. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E", consisting of twenty seven (27) pages, attached hereto and incorporated herein by this reference. Page 6 SEA, ATTEST: Corporate Secretary THE CITY OF FORT COLLINS, COLORADO By: 3��`��-Y� Jame . O'Neill II, CPPO, FNIGP Director of-Wirchasing & Risk Management DATE: David Eva As o iates, Inc. By: Title: 1 , U PkLo s od t CORPORATE PRESIDENT OR VICE PRESIDENT Date: b (Corporate Seal) Page 7 EXHIBIT A SCOPE OF WORK Scope of Work Agreements for Final Cost Estimate Transfort Components 1. Project Manager attendance at core team meetings — one per month in person plus one meeting per month via conf call. 2. No development of a separate project management plan (PMP) but time for basic PM administration needs. 3. No time included for consultant team for attendance at standing committee meetings or briefings. Potential to reallocate hours if needs arise. 4. We've assumed four travel trips for Connetics staff, with one trip including two staff members. 5. Assumed BBC attendance at three Financial Task Force meetings. 6. Consultant team public involvement effort will primarily involve: • Coordination/preparation and attendance for three open house meetings • Two to three stakeholder interviews; City will conduct other desired stakeholder interviews • Info and material support for focus group meetings that the City will conduct 7. Data collection effort has been significantly reduced with the understanding that the City and PSD will streamline this effort as much as possible, and provide a coordinated effort for project GIS needs. PSD Components 8. Focus on 4 high schools (excludes alternative school). These are home schools, although some have specialty programs as well. 9. PSD to transfer needed data (school and walk boundaries, student home locations, bus stops by route, current bus and transit utilization if available) either directly to DEA or to DEA via Transfort. 10. Consultant team will: • Meet/interview principals at each of the four high schools (Fort Collins HS, Poudre HS, Fossil Ridge HS and Rocky Mountain HS) • Brief the PSD Cabinet (Superintendent, Assistant Superintendents, HR and Finance Directors) regarding study goals and process, anticipated products and issues identified regarding the interviews at each High School. • Establish a "School Working Group" made up some combination of the PSD Cabinet and the principals and/or other staff from each high school). This School Working Group will meet 2-3 times with the consultant (Rick Evans at least at the first 1-2 meetings) as the study progresses to provide input to the rest of the consultant team and overall Strategic Plan and to review the Strategic Plan as it develops. 11. City staff will handle other school -related focus groups and interviews and set up the three planned community open house meetings as part of the overall project (some potentially at schools), which the consultant team will conduct (with City staff). DEA will coordinate with PSD to provide technical info for these meetings, as needed. 12.Consultant technical team will use information from PSD outreach process to integrate with overall strategic plan phased grid route analysis. Alternatives and route options will Page 8 be analyzed for their ability to address PSD student travel needs ... as one of the criteria for serving all identified travel markets and maximizing productivity and cost effectiveness of the overall plan. 13. Deliverables for PSD to include: • A document presenting Transfort transportation options for all high school students (including 9th grade), but primarily those within a 2-mile walk distance, for the following trips: home — school, school — school, school — work. • An estimation of participation (ridership) if the Transfort transportation options, as listed in #1, are offered in lieu of direct PSD transportation options. • Data to assist in the evaluation of the cost savings/expenses to PSD if the estimated number of students (as provided under #2) are riding public transit. Loveland Components 14. Separate time for Loveland core team meetings is not included. Assume that agreed - upon meetings for the overall project would incorporate Loveland topics as necessary. 15.One consultant staff member will be available for attendance at Loveland -COLT open houses. Most likely to require someone who can support the administrative aspects of a public meeting/process. 16. Scale of operational analysis will be conducted based on level of data provided. Existing service assessment could vary from Fort Collins-Transfort analysis due to potential differences in data. 17.Task 5.3-Coordination with Transfort for service & maintenance will focus on the identification of options and needs for service coordination/provision, and advantages/disadvantages of each. 18. The Financial Task Force element will be combined with the Transfort Financial Task Force, involving Loveland representatives on a single committee and incorporating broader financial needs that consider Loveland -COLT services. Assumed some additional direct coordination with Loveland staff to incorporate appropriate information. BACKGROUND I. Transfort/Dial-A-Ride Bus Service in Fort Collins Transfort / Dial -A -Ride is the City of Fort Collins' public transportation system. Transfort, which is the fixed route operations, began in 1974 with 4 Mercedes buses on 3 routes, mainly serving downtown Fort Collins. Today, there are 18 daytime Transfort routes with 23 buses used during peak service. In addition to the Transfort Maintenance Facility, Transfort manages transit centers located in Downtown and the CSU campus, with an additional South Transit Center located at The Square shopping mall. Additionally, a cooperative effort between the Cities of Loveland, Fort Collins, and Larimer County fund the FoxTrot route, a connective route linking the two communities. Dial -A -Ride is a door-to-door paratransit service for individuals who, because of a disability, are prevented from using Transfort, the City's fixed -route bus service. Effective January 2, 2007, the City of Fort Collins modified Dial- A -Ride service to align with the minimum service requirements of the American's with Disabilities Act of 1990 (ADA). The ADA requires entities that provide fixed route bus Page 9