HomeMy WebLinkAboutRFP - P1108 FUNCTIONAL OPTIONS STUDY NFRMPOCollins
ADDENDUM No. 1
P1108 Functional Options Study-NFRMPO
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of P1108: Functional Options Study-NFRMPO
OPENING DATE: 3:00 P.M. (Our Clock) March 25, 2008
Administrative Services
Purchasing Division
215 N. Mason St. 2i' Floor
PO Box 580
Fort Collins, CO 80522
970,221.6775
970.221.6707
fcgov.com/Purchasing
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
CHANGE:
OPENING DATE: 3:00 P.M. (Our Clock) March 25, 2008
Please contact David M. Carey, CPPB, C. P. M., Buyer at (970) 416-2191 with any questions
regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
where rencwtiial is a way of life,
12. Records and Reports. The MPO and Professional shall maintain all books,
records, and other documentation pertaining to the Scope of Services and necessary to
completely substantiate all costs incurred and billed to the MPO during the term of this
Agreement for a period of three (3) years from the date of final payment under the terms
of this Agreement. These records shall be made available for inspection and audit to any
state or federal authority authorized to inspect such records and copies thereof shall be
furnished at the expense of Professional, if so requested.
13. Ownership of Work Product. Upon final payment, all designs, plans,
reports, specifications, drawings, and other services rendered by Professional shall
become the sole property of the MPO, which shall have the royalty -free, nonexclusive
and irrevocable right to reproduce, publish, or otherwise use and authorize others to use
all such materials for authorized government purposes. Other entities that may
reproduce, publish, or otherwise use the designs, plans, reports, specifications, drawings,
and other services rendered by Professional include but are not limited to the Colorado
Department of Transportation ("CDOT"), the Federal Transportation Administration
("FTA"), and the Federal Highway Administration ("FHWA").
14. MPO Representative. The MPO shall 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 inspection shall be
directed to the MPO Representative.
15. Project Documents. Upon conclusion of the project and before final
payment, the Professional shall provide the MPO with reproducible documents of the
project containing accurate information on the project as designed. Documents shall be
of archival quality, and also available in an electronic format, in an agreed upon format.
16. Monthly Report. Commencing at the end of the calendar month following
the date of execution of this Agreement and every calendar month end thereafter,
Professional shall provide the MPO with a written report of the status of the work.
Failure to provide any required monthly report may, at the option of the MPO, suspend
the processing of any partial payment request.
17. Independent Contractor. The services to be performed by Professional are
those of an independent contractor and not of an employee of the MPO. The MPO shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
18. Personal Services. It is understood that the MPO enters into this
Agreement based on the special abilities of Professional and that this Agreement shall be
considered as an agreement for personal services. Accordingly, Professional shall neither
assign any responsibilities nor delegate any duties, nor create any subcontracts arising
under this Agreement without the prior written consent of the MPO.
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19. Conflict of Interests and Prohibited Interests. The MPO and Professional
represent that neither has any interests and shall not acquire any interests, directly or
indirectly, that would conflict in any manner or degree with the performance and services
required to be performed under this Agreement. The MPO and Professional further
represent that no member 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. In
addition no employee, officer, or agent of the MPO shall participate in selection or in the
award or administration of this Agreement 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 any of the foregoing, has a financial or other interest in the firm selected for
award. The MPO's officers, employees, or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or
parties of subagreements.
20. No Waiver. The MPO's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in
any way relieve the Professional of responsibility for the quality or technical accuracy of
the work. The MPO's approval or acceptance of, or payment for, any of the services shall
not be construed to operate as a waiver of any rights or benefits provided to the MPO
under this Agreement.
21. No Government Obligation to Third Parties. The MPO and Professional
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 Agreement and shall not be subject to any obligations or liabilities to the
MPO, Professional, or any other party (whether or not a party to this Agreement)
pertaining to any matter resulting from this Agreement.
22. Notices. All notices provided under this Agreement shall be effective
when mailed, postage prepaid and sent to the following addresses:
Professional:
MPO:
With Copy to:
THE NFRT & AQPC
City of Fort Collins
Attn:
Attn:
Purchasing
Address
235 Mathews St.
PO Box 580
City, ST Zip
Fort Collins, CO 80524
Ft Collins, CO 80522
23. Incorporation of FTA Terms. This Agreement includes certain Standard
Terms and Conditions required by the federal Department of Transportation ("DOT")
and other federal and state authorities, whether or not expressly set forth in this
Agreement. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terns shall be deemed to control in
the event of a conflict with other provisions contained in this Agreement. Professional
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shall not perform any act, fail to perform any act, or refuse to comply with any the MPO
requests which would cause the MPO to be in violation of the FTA terms and
conditions.
24. Grant Assurances and Federal Requirements. This Agreement involves
the expenditure of federal funds, which requires the MPO and Professional at all times
during the execution of this Agreement to adhere to and comply with all applicable
federal laws and regulations, as they currently exist and may hereafter be amended,
which are incorporated herein by this reference as terms and conditions of this
Agreement. A non -exhaustive list of federal laws and regulations that may be applicable
is included below. By signing this Agreement, Professional avers that it is his or her
responsibility to be aware of the requirements that may be imposed by the following
federal laws and regulations, and others not listed, that he or she is aware of any such
requirements, and that he or she will comply with all applicable laws and regulations.
a. Laws and regulations prohibiting false claims and statements from
being made to the federal government, 31 U.S.C.A § 3801, et seq., 49 C.F.R. Part
31, and 18 U.S.C.A. § 1001;
b. Federal privacy law, 5 U.S.C.A. § 552;
C. Nondiscrimination and equal employment opportunity laws in
accordance with Title VI of the Civil Rights Act, 42 U.S.C.A. § 2000d; § 303 of
the Age Discrimination Act of 1975, 42 U.S.C.A. § 6102; § 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C.A. § 12132 ("ADA"); and Federal transit
law, 49 U.S.C.A. § 5332;
d. Mandatory standards and policies relating to energy efficiency that
are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act, 42 U.S.C.A. § 6201.
25. Binding Effect. This Agreement, 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.
26. Governing Law. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement.
27. Severability. 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.
28, Prohibition Against Employing Illegal Aliens. This paragraph shall apply
to all Contractors whose performance of work under this Agreement does not involve the
delivery of a specific end product other than reports that are merely incidental to the
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performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor
represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an
illegal alien; and
2. Contractor has participated or attempted to participate in the
basic pilot employment verification 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 "Basic Pilot
Program") in order to confirm the employment eligibility of all
newly hired employees.
b. Contractor 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. Contractor shall continue to apply to participate in the Basic Pilot
Program and shall in writing verify same every three (3) calendar months
thereafter, until Contractor is accepted or the public contract for services has been
completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Basic Pilot Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program
procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an
illegal alien, Contractor shall:
1. Notify such subcontractor and the City within three days
that Contractor 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 Contractor 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.
f. Contractor 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.
g. If Contractor 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, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's violation
of Subsection 8-17.5-102, C.R.S.
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h. The City will notify the Office of the Secretary of State if
Contractor violates this provision of this Agreement and the City terminates the
Agreement for such breach.
29. Special Provisions. Special provisions or conditions relating to federal
patent law and rights in data that are applicable to this Agreement are set forth in Exhibit
B, attached hereto and incorporated herein by this reference.
THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL (MPO)
Cliff Davidson, Executive Director
PROFESSIONAL:
Title:
STATE OF COLORADO
ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this day of 200 by [as of
My commission expires:
(S E A L)
Notary Public
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EXHIBIT A - Scope of Services
Introduction
The Scope below defines the tasks involved in completing this work.
2. Scope of Services
Attached
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EXHIBIT B - Federal Patent and Rights in Data
37 C.F.R. Part 401,49 C.F.R. Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix
A, § 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA 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.
(1) The term "subject data" means recorded information, whether or not copyrighted,
that is delivered or specified to be delivered under this Agreement. 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, Professional may not publish or reproduce subject
data in whole or in part, or in any manner or form, nor may Professional 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-fi•ee, 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)1 and (2)(b)2 below. As used in
the previous sentence, "for Federal Government purposes," means use only for the direct
purposes of the Federal Government. Without the copyright owner's consent, the Federal
Government may not extend its Federal license to any other party.
1. Any subject data developed under this Agreement, whether or not a copyright has
been obtained; and
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2. Any rights of copyright purchased by Professional using Federal assistance in
whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, it is FTA's general intention to increase transportation knowledge
available to the public, rather than to restrict the benefits resulting from the work to
participants in that work. Therefore, unless FTA determines otherwise, Professional
performing experimental, developmental, or research work required by this Agreement
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 Goverment may direct. This subsection (c),
however, does not apply to adaptations of automatic data processing equipment or
programs for Professional'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
MPO and Professional 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 MPO or Professional 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 MPO nor Professional
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 herein 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 Professional and financed entirely without using Federal
assistance provided by the Federal Goverment 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
Professional identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, Professional agrees to include these
requirements in each subcontract for experimental, developmental, or research work
financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of Professional'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 MPO and Professional agree to take the
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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) Professional 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:
(1) If any invention, improvement, or discovery is conceived or first actually
reduced to practice in the course of or under this Agreement, and that invention,
improvement, or discovery is patentable under the laws of the United States of America
or any foreign country, Professional agrees 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 Professional's status (a large business, small business, state government
or state instrumentality, local government, nonprofit organization, institution of higher
education, individual), Professional agrees 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 Finns Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Part 401.
(3) Professional agrees to include the requirements of this clause in each subcontract
for experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
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EXHIBIT C
I, , swear or affirm under penalty of perjury under the laws
of the State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied
for a public benefit. 1 understand that state law requires me to provide proof that I
am lawfully present in the United States prior to receipt of this public benefit. I
further acknowledge that making a false, fictitious, or fraudulent statement or
representation in this sworn affidavit is punishable under the criminal laws of
Colorado as perjury in the second degree under Colorado Revised Statute 18-8-
503 and it shall constitute a separate criminal offense each time a public benefit
is fraudulently received.
Signature Date
INTERNAL USE ONLY Valid forms of identification
T --- current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
P --- current Colorado identification card
I---U.S. military card or dependent identification card
p---U.S. coast guard merchant mariner card
q--- Native American tribal document
The following forms of identification may be accepted through February 28, 2007*
T --- original birth certificate from any state of the United States
P --- certificate verifying naturalized status by U.S. with photo and raised seal
q --- certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
---order of adoption by a U.S. court with seal of certification
q--- valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL,
MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI
q --- valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
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Administrative Services
Purchasing Division
215 N. Mason St. 2ntl Floor
City of Fort Collins PO Box 580
Fort Collins, CO 80522
970,221.6775
970.221.6707
REQUEST FOR PROPOSAL fcgov.com/purchasing
P1108 Functional Options Study-NFRMPO
The City of Fort Collins on behalf of the North Front Range Metropolitan Planning Organization
(NFRMPO) is accepting written proposals from qualified firms. Written proposals, five (5) will
be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor,
Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock),
February 21, 2008. Proposal P1108. If delivered, they are to be sent to 215 North Mason
Street, 2n' Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort
Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Vicky McLane,
vmcLane@Dfrmno.org (970) 224-6059.
Questions regarding proposals submittal or process should be directed to David M. Carey,
CPPB, C.P.M., Buyer, dcarey(@fcgov.com (970) 416-2191.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://securea.fcgov.com/bso/login.isp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified
and will be protected to the extent legally permissible. Proposals may not be marked
'Proprietary' in their entirety. Information considered proprietary is limited to material treated as
confidential in the normal conduct of business, trade secrets, discount information, and
individual product or service pricing. Summary price information may not be designated as
proprietary as such information may be carried forward into other public documents. All
provisions of any contract resulting from this request for proposal will be public information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly
any decision -making authority concerning such sale or any supervisory authority over the
services to be rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from
any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
where renewal is a way of life,
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
flames B. O'Neill II,'CPPO, FNIGP
Director of Purchasing & Risk Management
Request for Proposal
Functional Options Study
Introduction:
The North Front Range Metropolitan Planning Organization (NFRMPO) is an organization of
fifteen local governments that is responsible for long range transportation planning in the North
Front Range. Members of the MPO are Fort Collins, Greeley, Loveland, Timnath, Berthoud,
Windsor, Johnstown, Milliken, Evans, Garden City, LaSalle, Eaton, Severance, and Weld and
Larimer Counties. The Colorado Transportation Commission and the State Air Quality Control
Commission are also voting members. The NFRMPO works on a regional scale that covers
approximately 600 square miles.
Problem Statement
The NFRT&AQPC (NFRMPO) provides a forum for the discussion of key transportation and air
quality issues and for building consensus with regard to solutions. As a responsible regional
transportation and air quality planning agency, the MPO strives to maintain strong working
relationships with its partners in both the public and private sectors.
In an effort to provide more tangible and visible benefits for membership, the MPO has focused
on creating a regional presence and regional efficiencies. The transportation summit in the
spring of 2007, the RTA formation work, and the sub -area planning activities represent a new
direction for the MPO. Emphasis has been put on regional data collection and analysis,
surveys, socio- economic forecasts, environmental streamlining, access management plans,
and mobility management. Many of these activities result in savings for local governments as
they pool their efforts in regional endeavors.
From time to time the MPO has been asked to consider taking on additional functions, but
lacking a careful analysis of what, if any, functions may be appropriate. However, static local
government budgets and economies of scale would seem to point to the need for collaboration
in a number of areas that are currently being handled independently by local governments.
These responsibilities should be functions that fit with the overall vision of regional coherence,
and which could logically be integrated with the existing MPO organization.
Some possible areas that could be studied, as suggested in SAFETEA-LU, are:
o Economic vitality
o Safety
o Security
o Mobility of people and freight
o Planned growth and economic development
o Integration and connectivity of the system
o System management and operation
o Preservation of the existing system
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Scope of Work
The scope of work would examine and evaluate the types of functional options that the NFR
MPO could consider taking on in order to become an organization that provides a more
comprehensive approach to regional issues. The consultant will:
Conduct interviews and gain input from local government elected officials and
staff on the current perceptions and understandings of the MPO and its functions
Review what programmatic functions are often found in combination with those
of an MPO.
3 Delineate how additional functions could be combined with the existing
organization (NFRT&AQPC), and which changes might lead to creation of a
more effective regional voice for the North Front Range of Colorado.
Deliverables:
Planning documents
Feasibility reports
Management reports
Presentation materials
Electronic information such as databases and spreadsheets
Expertise:
Relevant work experience and expertise in areas identified in this scope of work. Familiarity
with State and MPO planning processes in Colorado. Experience working with multiple
stakeholders.
Submissions:
Five (5) copies of the written proposal should be submitted and should include the qualifications
of the firm and the individuals that would be assigned to this project.
Travel:
The NFRMPO office is located in Fort Collins, Colorado and travel expenses should be included
consultant proposals. There is a limited budget for projects, so travel expenses should be
considered carefully.
Evaluation & Award:
It is the intent of the NFR MPO to select a Professional consulting firm and to enter into a
Professional Services Type Agreement (sample attached) to provide the services described
herein. A NFR MPO review team will rank the proposals based on the NFR MPOs' procedures
for the review of professional firms. The highest -ranked Professionals may then be invited to
make formal oral presentations to the review team. Based on these interviews, a professional
consulting firm will be retained to provide these services.
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Review and Assesment:
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
QUALIFICATION
STANDARD
FACTOR
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as
required by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Do the proposed cost and work hours compare
Work Hours
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
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Reference Evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
200 , by and between THE NORTH FRONT RANGE TRANSPORTATION AND
AIR QUALITY PLANNING COUNCIL (the "MPO") and , ("Professional").
In consideration of the mutual covenants and obligations herein expressed, it is
agreed by and between the parties hereto as follows:
1. Scope of Services. Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit A and incorporated herein by this
reference (the "Scope of Services").
2. Time. The services to be performed pursuant to this Agreement shall be
initiated as specified on the Scope of Services. Time is of the essence. Any extensions
of any time limit must be agreed upon in writing by the parties hereto.
3. Contract Period. This Agreement shall commence on �_), and shall
continue in full force and effect until ��, unless terminated sooner as herein
provided.
4. 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,
and this Agreement may be terminated.
5. Early Termination by MPO. Notwithstanding the time periods contained
herein, the MPO may terminate this Agreement at any time for the MPO's convenience or
because of the failure of Professional to fulfill the contract obligations. The MPO shall
terminate by providing at least fifteen (15) days prior written notice of termination by
delivering to Professional a notice of termination specifying the nature, extent, and
effective date of the termination. Upon receipt of the notice, Professional shall
immediately discontinue all services affected (unless the notice directs otherwise) and
deliver to the MPO 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 convenience, the MPO 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 Professional to fulfill the
contract obligations, the MPO may complete the work and Professional shall be liable for
any additional cost incurred by the MPO. If, after termination for failure to fulfill
contract obligations, it is determined that Professional was not in default, the rights and
obligations of the parties shall be the same as if the termination had been issued for the
convenience of the MPO.
6. Opportunity to Cure. In the case of a breach or default, the MPO may, in
its sole discretion, allow Professional a period of time in which to cure the defect. In
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such case, the notice of termination shall state the time period in which cure is permitted
and other appropriate conditions. If Professional fails to remedy to the MPO's
satisfaction the breach or default or any of the terms, covenants, or conditions of this
Agreement within ten (10) days after receipt by Professional of written notice from the
MPO setting forth the nature of said breach or default, the MPO may terminate the
Agreement without any further obligation to Professional and seek damages, may treat
the Agreement as continuing and require specific performance, or may avail itself of any
other remedy at law or equity. If the MPO commences legal or equitable actions against
Professional, Professional shall be liable to the MPO for the MPO's reasonable attorney
fees and costs incurred because of the default. Any such termination for default shall not
in any way operate to preclude the MPO from also pursuing all available remedies
against Professional and its sureties for said breach or default.
7. Waiver of Remedies for any Breach. If the MPO elects to waive its
remedies for any breach by Professional of any covenant, term or condition of this
Agreement, such waiver by the MPO shall not limit the MPO's remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Agreement.
8. Responsibility. 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.
9. Indemnification. Professional shall indemnify, hold harmless and defend
the MPO and its representatives, officers, employees, agents, and contractors from and
against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands, or judgments, including, without limitation, reasonable attorney fees, arising
from or in any way connected with injury to or the death of any person or physical
damage to any property resulting from any act, omission, condition, or other matter
related to this Agreement.
10. Insurance. 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 $1,000,000.
11. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the MPO agrees to pay Professional on a time and reimbursable direct cost
basis according to the schedule outlined in the Scope of Work — Exhibit A, with
maximum compensation (for both Professional's time and reimbursable direct costs) not
to exceed dollars ($ ). Monthly invoices are required and shall include a
description of services performed, along with number of hours and stated rates per hour.
Supporting documentation shall also be submitted for any reimbursable direct costs. The
amounts of all such billings shall be based upon the Professional's MPO-verified progress
in completing the services to be performed pursuant to the Scope of Services and upon
approval of the Professional's direct reimbursable expenses. Final payment shall be made
following acceptance of the work by the MPO.
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