HomeMy WebLinkAboutBID - 7073 MASON CORRIDOR MAX BRT FINAL DESIGNC'}" O�
Financial Services
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Purchasing Division
215 N. Mason St. 2nd Floor
Ft O rCollins
Box 580
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Fort Collins, CO 80522
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970.221.6775
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fcgov. corn/purchasing
REQUEST FOR PROPOSAL
7073 Mason Corridor MAX BRT Final Design
The City of Fort Collins is requesting proposals from a consulting firm or team to provide final
design, engineering services, fare collection study and brand identity development for the
Mason Corridor MAX Bus Rapid Transit Project.
The successful firm/team will address all of the tasks, issues, and deliverables identified in the
Scope of Work, possess the requisite skills necessary to complete the project within the
established schedule and budget, and be motivated to work with staff, citizens, and governing
bodies to accomplish the goals and objectives of this project.
Written proposals, eight (8) 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) October 2, 2009, Proposal No. 7073 Mason Corridor MAX BRT Final
Design. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins,
Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
A pre -proposal meeting will be held on September 16, 2009 at 10:00 A.M. at 215 North
Mason, Community Room, Fort Collins, CO.
The total estimated cost of the Mason BRT Project is $81.97 million including bus fleet,
right of way, professional services and construction. The Project is funded through a
variety of funding sources including Federal Transit Administration (FTA) Small Starts
grant funding, CDOT S13-1 transit funding, and other City and local matching funds.
The City has not set a Disadvantaged Enterprise Goal for this specific contract.
However, the City expects there to be significant opportunity for DBE participation.
Firms are required to make good faith efforts to ensure DBE participation.
Questions concerning the scope of the project should be directed to the Project Manager, Steve
McQuilkin (970) 416-2484
Questions regarding proposals submittal or process should be directed to
John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2Id 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
R. Construction Phasing — The Scope of Work includes the development of construction
phasing plans for the Project. The City will work with the FDC to develop performance
specifications to define requirements for construction traffic control and detailed
construction traffic control plans are not included in the Scope of Work.
S. Environmental Studies — An Environmental Assessment has already been completed for
the Project and Finding of No Significant Impacts (FONSI) was signed by FTA in
September of 2008. The Scope of Work includes the completion of environmental
permitting and mitigation activities including wetland mitigation, COE 401 and 404
permitting, SB-1 and US Fish and Wildlife certifications, NPDES permitting, development
of environmental specifications to address threatened and endangered species and
other environmental mitigation.
T. 65% Design Submittal — The FDC shall prepare the final design plans in general
conformance with City, CDOT and FTA requirements. Plans shall be completed to at
least a 65% level and shall include, at a minimum, title sheet, typical sections, BRT
plan/profile sheets, BRT station site plans, BRT fiber-optic plan/profile, landscape plans,
storm drainage plans, profiles and details, structure layouts, signing and pavement
marking plans, traffic signal plans, cross -sections, and right of way plans. The BRT
station site plans shall show the locations of all transit and MIS system components, fare
collection equipment, lighting, architectural and urban design elements. The 65% design
submittal shall also include draft specifications and a detailed construction cost estimate
in FTA format. Specific requirements for the 65% submittal including structure submittal
requirements will be negotiated with the FDC prior to NTP.
U. The FDC shall be responsible for distributing the 65% plan package to all project
stakeholders, City departments and review agencies. The FDC will also be responsible
for scheduling and facilitating the review meeting, preparation of meeting minutes,
tracking review comments, responses and action items, and for obtaining documented
acceptance from all reviewers.
V. The 65% design will be revised to include all review comments and revisions received as
part of the design review process. The cost estimate will be updated to reflect these
revisions and resubmitted to the City. The conformed 65% design and cost estimate
will be utilized as the basis for the updated Project cost estimate to FTA and the basis of
the Project Funding Grant Agreement (PFGA) application which is scheduled to
commence upon the completion of the conformed 65% design phase.
W. 90% Design Submittal — The FDC will continue with the completion of the final design
and the preparation of the 90% design submittal. Plans shall be completed to a 90%
design level in accordance with CDOT procedural directive for Final Office Review
(FOR). The final plans shall include grading and drainage plans, storm water
management plans, quantity tabulations, all final design details, landscaping, lighting,
architectural and urban design elements. Final design of transit and MIS system
components and fare collection equipment will be completed by Transfort and the City's
MIS department, however the preparation of final plans and specifications for the transit
and MIS elements shall be competed by the FDC. The 90% design submittal shall also
include final specifications and an updated detailed construction cost estimate in FTA
format.
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X. The FDC shall be responsible for distributing the 90% plan package to all project
stakeholders, City departments and review agencies. The FDC will also be responsible
for scheduling and facilitating the review meeting, preparation of meeting minutes,
tracking review comments, responses and action items, and for obtaining documented
acceptance from all reviewers.
Y. Construction Bid Package — The 90% design will be revised to include all review
comments and revisions received as part of the design review process. The FDC shall
prepare the construction bid package including final plans, specifications and other
supporting bid documents. Note that the City will provide all procurement documents
including general conditions and bid requirements.
Phase 2. Construction Bid Phase Services
The FDC shall support the City and the CPM with construction bid phase services including
participation at the Pre -bid meeting, responses to bid inquiries and requests for information,
issuance of bid addenda.
Phase 3. Engineering Support Services During Construction
It is anticipated that the Contract will be extended to include engineering support services during
construction. This phase is not included in the base Scope of Work.
V. References
All work shall be based upon the requirements and guidelines found in the following reports:
■ Larimer County Urban Area Street Standards April 1, 2007
http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm
• City of Fort Collins Transportation Master Plan (2004)
http://www.fcgov.com/transportationplanning/tmp.php
■ Colorado Department of Transportation "CDOT Design Guide" 2005
http://www.dot.state.co.us/DesignSupporUDesign°/o20Guide%2005/1ndex.htm
■ Colorado Department of Transportation, 2006 M-Standard (Miscellaneous Standard;
Plans
http://www.dot.state.co.us/DesignSupport/MStandards/2006%20M%20Standards/2006
%201ndex/2006%20M%20Standards%201ndex.htm
■ Colorado Department of Transportation, Traffic S-Standard Plans, July 2006
■ http://www.dot.state.co.us/S Standards/S%20Standards%202006/Index%20Screens%2
0(HTM L)/S-STANDARDS%201 N DEX. htm I
• Colorado Department of Transportation, Standard Specifications for Road and Bridge
Construction (2005)
http://www.dot.state.co.us/DesignSupport/Construction/2005SpecsBook/2005index.htm
■ Guidelines for Submitting Floodplain Modeling Reports to the City of Fort Collins, dated
January 31, 2008
http://www.fcqov.com/stormwater/pdf/fp-modeling.pdf?20090717
■ Flood Insurance Study — Larimer County Colorado and Incorporated Areas, dated June
17, 2008
http://www.fcgov.com/stormwater/floodplain-maps.php
• International Building Code (IBC) (2006) with Local Amendments
http://www.fcgov.com/nbs/pdf/2006ibcamendments-11.08.pdf
Im
fry
• FTA Planning and Environment Final Design (FD) Checklist
http://www.fta.dot.gov/documents/tpeNewStarts 20080600 fdChecklist.pdf
■ FTA Project & Construction — Management Guidelines
http://www.fta.dot.gov/funding/oversight/grants financing 3875.html
■ Storm Drainage Design Criteria and Construction Standards (updated January 1997)
http://www.fcgov.com/stormwater/pdf/sw-manua107.pdf?20080509
Contact Information
Steve McQuilkin
Project Management Consultant
City of Fort Collins Transportation Planning Office
PO Box 580
250 North Mason
Fort Collins, Colorado 80522-0580
Phone (970) 416-2484
Fax (970) 221-6239
E-mail: smcguilkin(a fcgov.com
Attachments
John D. Stephen, CPPO, LEED AP
Senior Buyer
City of Fort Collins Purchasing
PO Box 580
250 North Mason
Fort Collins, CO 80522-0580
Phone: (970)221-6777
Fax: (970)221-6707
E-mail: Istephen(a�fcgov.com
The following references are available on the Mason Project ftp site which can be viewed at
ftp://mason:gad94get(cDns2.fcgov.com
• Mason Corridor Mason Express (MAX) Bus Rapid Transit Environmental Assessment
(May 2008) and Finding of No Significant Impacts (FONSI) (September 9, 2008)
• Mason Corridor Bus Rapid Transit Finance Management Plan (September 8, 2008)
■ Mason Corridor MAX Bus Rapid Transit Project Management Plan (Draft January 30,
2009)
■ Mason Corridor MAX Bus Rapid Transit Project Risk Management Plan (Draft January
30, 2009)
• Mason Corridor MAX Bus Rapid Transit Project Real Estate Management Plan (Draft
June 15, 2009)
• Mason Transportation Corridor Alternatives Analysis Report (July 2004)
• Mason Street Transportation Corridor Master Plan (October, 2000)
• Mason Corridor MAX Bus Rapid Transit Project Fleet Management Plan (Draft February
6, 2009)
• Preliminary Design Plans (July, 2007)
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VII. REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION
STANDARD
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
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
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Reference evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and
WITNESSETH:
, hereinafter referred to as "Professional".
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages,
and incorporated herein by this reference.
2. The Work Schedule. (Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence , 200 , and shall
continue in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
Written notice of renewal shall be provided to the Professional and mailed no later than ninety
(90) days prior to contract end.
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
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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:
City of Fort Collins
City of Fort Collins, Purchasing
Attn:
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
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, Proiect Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of $
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of
the services to be performed pursuant to this Agreement, the City agrees to pay Professional a
fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and
costs shall not exceed ($ ). Monthly partial payments based upon the Professional's
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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. [Optional] Insert Subcontractor Clause Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($ ). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City -verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
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8. Project Drawings. [Optional] Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project
containing accurate information on the project as constructed. Drawings shall be of archival,
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
City in an 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 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.
V.
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.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " Federal Requirements,
consisting of twenty four (24) pages, attached hereto and incorporated herein by this reference.
19
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.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
where renewal is a way of life
THE CITY OF FORT COLLINS, COLORADO
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
as
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Seal)
20
INSURANCE REQUIREMENTS
1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Professional's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's 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 Professional 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 Professional 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.
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[Optional]
EXHIBIT " "
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to
this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Contractor has agreed to perform, the Contractor hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Contractor
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City , or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City) . The Contractor shall not disclose any such information to any person not having a
legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Contractor ceases to perform services for the City, or the City so requests
for any reason, the Contractor shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically
produced) thereof, in its possession or control or as to which it otherwise has access.
The Contractor understands and agrees that the City's remedies at law for a breach of the
Contractor's obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
22
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
A.1 - Federally Required Clauses
1. Fly America Requirements
2. Buy America Requirements
3. Cargo Preference Requirements
4. Seismic Safety Requirements
5. Energy Conservation Requirements
6. Clean Water Requirements
7. Lobbying
8. Access to Records and Reports
9. Federal Changes
10. Clean Air
11. Recycled Products
12. No Government Obligation to Third Parties
13. Program Fraud and False or Fraudulent Statements and Related Acts
14. Termination
15. Government -wide Debarment and Suspension (Nonprocurement)
16. Privacy Act
17. Civil Rights Requirements
18. Breaches and Dispute Resolution
19. Patent and Rights in Data
20. Disadvantaged Business Enterprises (DBE)
21. Incorporation of Federal Transit Administration (FTA) Terms
Attachment: Certification Regarding Lobbying
1. FLY AMERICA REQUIREMENTS
49 U.S.C. § 40118
41 CFR Part 301-10
Applicability to Contracts
The Fly America requirements apply to the transportation of persons or property, by air, between a place in
the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the
costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a
foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator
code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or
multilateral air transportation agreement to which the U.S. Government and a foreign government are parties
and which the Federal DOT has determined meets the requirements of the Fly America Act.
Flow Down Requirements
The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who
are responsible for ensuring that lower tier contractors and subcontractors are in compliance.
Model Clause/Language
The relevant statutes and regulations do not mandate any specified clause or language. FTA
proposes the following language.
Fly America Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the '`Fly America" Act) in accordance with the
General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and
subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S
Government -financed international air travel and transportation of their personal effects or property, to the
extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the
Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or
memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was
necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all subcontracts
that may involve international air transportation.
2. BUY AMERICA REQUIREMENTS
49 U.S.C. 5323(j)
49 CFR Part 661
Applicability to Contracts
The Buy America requirements apply to the following types of contracts: Construction Contracts and
Acquisition of Goods or Rolling Stock (valued at more than $100,000).
Flow Down
The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors,
who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The
$100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy
America.
Mandatory Clause/Lanune
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in
FTA-funded contracts, but does not specify the language to be used. The following language has been
developed by FTA.
Buy America - The contractor agrees to comply with 49 U.S.C. 53236) and 49 C.F.R. 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 C.F.R. 661.7, and include final assembly in the
United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and
microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C.
53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60
percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with
all bids or offers 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 Compliance with 49 U.S.C. 5323(j)(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 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate ofNon-Compliance with 49 U.S.C. 53236i)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and
49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or
53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
Certification requirement for procurement of buses, other rolling stock and associated equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and
the regulations at 49 C.F.R. Part 661.11.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C)
and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or
53230)(2)(D), and 49 CFR 661.7.
Date
Signature
Company Name
Title
3. CARGO PREFERENCE REQUIREMENTS
46 U.S.C.1241
46 CFR Part 381
Applicability to Contracts
The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities
which may be transported by ocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the
transport of equipment, material, or commodities by ocean vessel.
Model Clause/Language
The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is
proffered by FTA.
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
2
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.
4. SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49
CFR Part 41
Applicability to Contracts
The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to
existing buildings.
Flow Down
The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to
assure compliance, with the applicable building standards for Seismic Safety, including the work performed
by all subcontractors.
Model Clauses/L,anguage
The regulations do not provide suggested language for third -party contract clauses. The following language
has been developed by FTA.
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.
5. ENERGY CONSERVATION REOUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their contracts at every tier
and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation requirements are so
dependent on the state energy conservation plan. The following language has been developed by FTA:
Energy Conservation - 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.
6. CLEAN WATER REQUIREMENTS
33 U.S.C.1251
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds $100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Model Clause/Lan2ua2e
While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the
following language developed by FTA contains all the mandatory requirements:
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 sue. 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.
7. LOBBYING
31 U.S.C.1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling
Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment,
31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.
Mandatory Clause/Lan2ua2e
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995,
P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31
U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT
implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides
that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying
Disclosure Act of 1995.
on
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20,
as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413
(I/19/96) is mandated by 49 CFR Part 20, Appendix A.
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
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.]
7
REQUEST FOR PROPOSAL
7073 MASON CORRIDOR MAX BRT FINAL DESIGN
The City of Fort Collins is requesting proposals from a consulting firm or team to provide final
design, engineering services, fare collection study and brand identity development for the
Mason Corridor MAX Bus Rapid Transit Project.
The successful firm/team will address all of the tasks, issues, and deliverables identified in the
Scope of Work, possess the requisite skills necessary to complete the project within the
established schedule and budget, and be motivated to work with staff, citizens, and governing
bodies to accomplish the goals and objectives of this project.
Tasks to complete the project include, but are not limited to, those outlined in the attached Draft
Scope of Work. Proposers should note that project understanding, firm capability and ability to
meet the project schedule are important elements in selecting the successful firm/team to be
awarded a contract through this Request for Proposals (RFP) process.
I. Introduction
The City of Fort Collins is seeking professional consulting services to provide final design
services and preparation of construction bid documents for the Mason Corridor MAX BRT
Project.
The total estimated cost of the Mason BRT Project is $81.97 million including bus fleet, right of
way, professional services and construction. The Project is funded through a variety of funding
sources including Federal Transit Administration (FTA) Small Starts grant funding, CDOT SB-1
transit funding, and other City and local matching funds.
II. Consultant Selection Process & Project Schedule
Construction of the Mason BRT Project is scheduled to commence in August of 2010. On time
delivery is imperative for this project. Proposing teams must explain their approach and strategy
to ensuring this schedule is met as well as their understanding of the challenges of meeting a
fast -track schedule.
Consultant Selection Process
September 3, 2009
September 16, 2009
October 2, 2009
October 9, 2009
October 19, 2009
RFP available to public
Pre -proposal meeting
RFP Submittal due
Selection of short listed consulting teams
Conduct Interviews
3
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement
of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
8. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/LanQuaQe
The specified language is not mandated by the statutes or regulations referenced, but the language provided
paraphrases the statutory or regulatory language.
Access 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 United States or any of their authorized representatives
access to any books, documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees,
pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including
any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his
authorized representatives, including any PMO Contractor, access to the 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. By definition, a major capital
project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.
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 United
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).
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristi
es
Operation
at Service
Contract
Turnkey
Constructio
n
Architectur
at
Engineerin
g
Acquisition
of Rolling
Stock
Professiona
1 Services
I State
Grantees
None
Those
None
None
None
None
imposed on
a. Contracts
state pass
below SAT
None
thru to
Yes, if non-
None
None
None
($100,000)
unless'
Contractor
competitive
unless non-
unless non-
unless non-
non-
award or if
competitive
competitive
competitive
b. Contracts
competitiv
funded
award
award
award
above
e award
thru'
$100,000/Cap
5307/5309/
ital Projects
5311
II Non State
Grantees
Those
Yes'
imposed on
Yes
Yes
Yes
Yes
a. Contracts
non -state
below SAT
Yes3
Grantee pass
Yes
Yes
Yes
Yes
($100,000)
thru to
b. Contracts
Contractor
above
$100,000/Cap
ital Projects
Sources of Authority:
49 USC 5325 (a)
49 CFR 633.17
3 18 CFR 18.36 (i)
9
9. FEDERAL CHANGES
49 CFR Part 18
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
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 Master
Agreement 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.
10. CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where
the amount is expected to exceed $100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts which exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
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.
It. RECYCLED PRODUCTS
42 U.S.C.6962
40 CFR Part 247
Executive Order 12873
Applicability to Contracts
The Recycled Products requirements apply to all contracts for items designated by the EPA, when the
purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured
$10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for
KII
"recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement
actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of
one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year
was $10,000.
Flow Down
These requirements flow down to all to all contractor and subcontractor tiers.
Model Clause/Lan2ua2e
No specific clause is mandated, but FTA has developed the following language.
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.
12. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow
down to all levels to clarify, to all parties to the contract, that the Federal Government does not have
contractual liability to third parties, absent specific written consent.
Model Clause/Langual!e
While no specific language is required, FTA has developed the following language
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.
13. 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
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or submit covered
claims and statements.
Model Clause/Lan2ua2e
These requirements have no specified language, so FTA proffers the following language.
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.
14. TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1E
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of higher
education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the
manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations
and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe
conditions under which the contract may be terminated for default as well as conditions where the contract
may be terminated because of circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts
with nonprofit organizations and institutions of higher learning.
Model Clause/Lan2ua2e
FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be
used in different types of contracts:
a. Termination for Convenience (General Provision) The (Recipient) 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
12
the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid
the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the
Contractor will account for the same, and dispose of it in the manner the (Recipient) directs.
b. Termination for Default [Breach or Causel (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 (Recipient) 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 (Recipient) 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
(Recipient), 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 (Recipient) 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 (Recipient)'s satisfaction the breach or default of any of the terms, covenants,
or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from
(Recipient) setting forth the nature of said breach or default, (Recipient) 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 (Recipient) 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 (Recipient) elects to waive its remedies for any
breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not
limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of
this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written
notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this
contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this
contract for services rendered before the effective date of termination.
f. 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 (Recipient) may terminate this contract for default. The (Recipient)
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.
g. 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 (Recipient) may terminate
13
this contract for default. The (Recipient) 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 (Recipient), protect and preserve the goods until surrendered to the Recipient or its
agent. The Contractor and (Recipient) 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 (Recipient).
h. 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 (Recipient) may terminate this contract for default. The (Recipient) 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 charged with damages under this
clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault
or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of
another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the
causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the
work shall be extended. The judgment of the (Recipient) 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.
i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) 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 (Recipient) shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice,
the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and
(2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and
other information and materials accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable
adjustment in the contract price but shall allow no anticipated profit on unperformed services.
14
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.
j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) 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 (Recipient) 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 (Recipient), or property supplied to the Contractor by the (Recipient). If the
termination is for default, the (Recipient) 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 (Recipient) and the parties shall negotiate the termination
settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), 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 (Recipient) 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 (Recipient), after setting up a new work schedule, may allow the
Contractor to continue work, or treat the termination as a termination for convenience.
15. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicabilitv
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT
published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements
Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and
31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or
exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services.
49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of
these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to
verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not
excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a
certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This
represents a change from prior practice in that certification is still acceptable but is no longer required. 49
CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities
they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent
covered transactions (i.e., the requirement flows down to subcontracts at all levels).
15
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method of verifying
that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR
29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at
49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by (insert
agency name). If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to (insert agency name), the
Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR
29, Subpart C
while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision requiring such compliance
in its lower tier covered transactions.
16. PRIVACY ACT
5 U.S.C. 552
Applicability to Contracts
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.
Flow Down
The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every
tier.
Model Clause/Language
The text of the following clause has not been mandated by statute or specific regulation, but has been
developed by FTA.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the
Contractor and its employees that administer any system of records on behalf of the Federal Government
under any contract:
(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
16
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.
17. 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.
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has
shortened the lengthy text.
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 VII 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 seq., (which implement Executive Order No. 11246, "Equal Employment
Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction activities
undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their race,
color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition,
the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended,
29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective
17
Required Project Schedule
October, 2009
March, 2010
May, 2010
June, 2010
June through July, 2010
August, 2010 through December, 2011
NTP Commence Final Design
65% Final Plan Submittal/Review
90% Final Plan Submittal/Review
Submit Construction Bid Documents
Construction Bid Phase
Construction Phase
It is the intent of the City to hire a single consultant team capable of providing all of the design
services described in the Scope of Work including final roadway, traffic, structural, drainage,
and utility design; final site development, urban and architectural design of BRT stations
including landscaping, shelters and other aesthetic elements; environmental mitigation and
permitting, and public involvement. Proposers should make sure to address their capability,
experience and expertise in all of these areas. The project will be divided into the following
three phases:
Phase 1
Final design and preparation of construction bid documents
Phase 2
Construction bidding phase services
Phase 3
Engineering support during construction
The City anticipates writing an initial contract for Phases 1 and 2. Proposers should submit a
detailed scope for these phases of the Project. It is anticipated that the Contract will be
extended to include Phase 3 services at the discretion of the City.
Proposers should be aware that it is the intent of the City to use a single consultant team
throughout the life of the project, but this will be based on continued satisfactory
performance of the consultant team.
III. Definitions
FTA
Federal Transit Administration
CPM
Consultant Project Manager (AECOM)
PDC
Preliminary Design Consultant (Felsburg Holt & Ullevig)
FDC
Final Design Consultant
CSU
Colorado State University
CSURF
Colorado State University Research Foundation
FOR
Final Office Review
PFGA
Project Funding Grant Agreement
PI
Public Involvement
RFP
Request for Proposal
CDOT
Colorado Department of Transportation
SB-1
Senate Bill 1 Transit Funding
Iv
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.
18. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1E
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for
such sanctions and penalties as may be appropriate. This may
include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated
damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions are developed will depend
on the circumstances and the type of contract. Recipients should consult legal counsel in developing
appropriate clauses. The following clauses are examples of provisions from various FTA third party
contracts.
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 (Recipient)'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.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
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.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in
question between the (Recipient) 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 (Recipient) is located.
18
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (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.
19. PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Applicability to Contracts
Patent and rights in data requirements for federally assisted projects ONLY apply to research projects in
which FTA finances the purpose of the grant is to finance the development of a product or information.
These patent and data rights requirements do not apply to capital projects or operating projects, even though a
small portion of the sales price may cover the cost of product development or writing the user's manual.
Flow Down
The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier.
Model Clause/Language
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, 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 - 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)1 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.
Any subject data developed under that contract, whether or not a copyright has been obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in
part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's
general intention to increase transportation knowledge available to the public, rather than to restrict the
benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise,
the Purchaser and the Contractor performing experimental, developmental, or research work required by the
underlying contract to which this Attachment is added agrees to permit FTA to make available to the public,
either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of
the subject data first produced under the contract for which a copyright has not been obtained. If the
experimental, developmental, or research work, which is the subject of the underlying contract, is not
completed for any reason whatsoever, all data developed under that contract shall become subject data as
defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This
subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs
for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance
provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor
agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees
acting within the scope of their official duties against any liability, including costs and expenses, resulting
from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or
right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any
data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the
Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents
of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under
any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal
Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance
provided by the Federal Government that has been incorporated into work required by the underlying contract
to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of
this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of
the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract
for experimental, developmental, or research work financed in whole or in part with Federal assistance
provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the
Contractor's status (i.e., a large business, small business, state government or state instrumentality, local
government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the
Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the
Federal Government as described in
20
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part
401.
(4) The Contractor also agrees to include these requirements in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving experimental,
developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in
the course of or under the contract to which this Attachment has been added, and that invention,
improvement, or discovery is patentable under the laws of the United States of America or any foreign
country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a
detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the
Contractor's status (a large business, small business, state government or state instrumentality, local
government, nonprofit organization, institution of higher education, individual), the Purchaser and the
Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the
Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
20. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE)
program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and
contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where
specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors.
Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage)
applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must
be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow
down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see
section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause
subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions
applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The
suggested language allows for the options available to grantees concerning retainage, specific contract goals,
and evaluation of DBE subcontracting participation when specific contract goals have been established.
21
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's
overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has
not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy as
{insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. {If a separate contractgoal has been established, itse the following} Bidders/offerors are required to
document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith
efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the
following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an
initial proposal] [prior to award]:
The names and addresses of DBE firms that will participate in this contract;
A description of the work each DBE will perform;
The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose
participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided in the prime
contractor's commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerorsl must present the information required above [as a matter of responsiveness[ [with
initial proposals] [prior to contract award] (see 49 CFR 26.53(3)).
{!f no separate contract goal has been established, use the following} The successful bidder/offeror will be
required to report its DBE participation obtained through race -neutral means throughout the period of
performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor's receipt of payment for that work from
the (insert agency name). In addition, [the contractor may not hold retainage from its subcontractors.]
[is required to return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.] [is required to return any
retainage payments to those subcontractors within 30 days after incremental acceptance of the
subcontractor's work by the (insert agency name) and contractor's receipt of the partial retainage
payment related to the subcontractor's work.]
e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing
work related to this contract is terminated or fails to complete its work, and must make good faith efforts to
engage another DBE subcontractor to perform at least the same amount of work. The contractor may not
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terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of {insert agency name}.
21. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1E
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
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 E, 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
(name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and
conditions.
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Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100, 000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10
of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
Date
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
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IV. Scope of Work
The following is a draft Scope of Work. If necessary, the proposing consultant firm/team should
expand each of the tasks listed below. Additional tasks that the consultant firm/team
determines necessary to assure a good product should be added to this list.
The following services have been or will be completed by others and are not included in the
Scope of Work unless otherwise noted:
Preliminary design and preparation of preliminary design plans including typical sections,
preliminary horizontal and vertical alignment, preliminary plan and profile sheets,
preliminary utility and drainage plans, preliminary traffic signal plans, preliminary BRT
station plans have been completed by the Preliminary Design Consultant (PDC).
Drainage design including profiles of drainage outfalls are also being advanced to the
60% level by the PDC as a supplement to the preliminary design.
■ The design of the Troutman pedestrian underpass and NRRC overpass is being
completed by other consultants under separate contracts with the City.
• Railroad Agreements — All railroad agreements with the BNSF Railroad including the
Construction and Maintenance (C&M) Agreement, all necessary property acquisition
agreements and applications to the Colorado Public Utility Commission (PUC) are being
completed by others.
■ An Environmental Assessment has already been completed for the Project and a
Finding of No Significant Impacts (FONSI) was signed by FTA in September of 2008.
■ Historic mitigation services associated with the removal of the existing Public Service
Substation at Prospect Road is being completed by others.
■ Field surveying has been completed by the City Engineering Department. Supplemental
field surveying, if required, will be provided by the City.
• Utility surveying and potholing has been completed by another contractor under a
separate contract with the City. Supplemental utility potholing, if required, will be
provided by the City.
■ Geotechnical Engineering — All geotechnical surveying including soils and foundations
drilling and testing, preparation of preliminary geotechnical report, pavement and
structure foundation recommendations has been completed by another consultant under
a separate contract with the City. Supplemental geotechnical investigations will be
provided by the City.
■ Right of way and property acquisition: Preparation of property acquisition documents
including legal descriptions are being completed by the City Engineering Department.
Property acquisition activities including appraisals and acquisition are being completed
by other consultants under a separate contract with the City's Real Estate Services
Department.
■ Design of the BRT MIS systems including fiber-optic system is being completed by the
City's MIS and Utility Departments. Design of BRT transit system components including
audio/visual communications, video surveillance, advanced traveler information and fare
collection equipment (if required) will be completed by Transfort and the City's MIS
Department.
■ The design of the South Transit Center is being completed by another consultant under
a separate contract with the City.
■ The design of the Transfort maintenance facility expansion is being completed by
another consultant under a separate contract with the City.
■ Floodplain permitting and hydraulic modeling of Spring Creek will be completed by
another consultant under a separate contract with the City.
■ Preparation and negotiation of all third party agreements including railroad agreements,
intergovernmental agreements, utility and ditch agreements will be completed by the
Consultant Project Manager (CPM).
■ All FTA submittals including Project Management Plan and related documents are being
completed by others under the direction of the CPM.
Phase 1. Final Design and Preparation of Construction Bid Documents
The following activities are included in the Scope of Work for the Final Design Consultant:
A. Project Management and Coordination — The Final Design Consultant (FDC) will be
responsible for all project management and coordination activities associated with the
final design. This includes monthly project reporting, scheduling, meetings, preparation
of meeting minutes and all routine project coordination. The FDC shall coordinate the
design of the BRT Project with the design of other projects currently underway along the
Corridor. The South Transit Center, and the Troutman and NRRC pedestrian
bridges are already in the design stages and it is advised that the FDC commence
with the design coordination of these projects immediately upon NTP.
B. Project Initiation — The FDC shall gather and review all available project related data
including the preliminary design plans; environmental assessment and FONSI; utility
plans and survey data; drainage reports, Spring Creek Floodplain data, traffic studies,
etc. The FDC shall schedule and conduct a project kick-off meeting with all project
stakeholders and City departments to review the status of the design, obtain input and
establish the project schedule and other management and coordination requirements.
C. Agency Coordination —The FDC will be responsible for all agency coordination
associated with the final design including all City departments, CDOT, FTA, utility and
ditch companies, property/business owners including Downtown Development Authority,
Downtown Business Association, and other project stakeholders. It is anticipated that
a significant level of coordination will be required with Colorado State University
(CSU) and the Colorado State University Research Foundation (CSURF) for the
portions of the Project located within the CSU campus including BRT stations
landscaping and other aesthetic elements.
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D. Public Involvement — The FDC shall develop and implement a public involvement
process to solicit public input and participation into the design of the project. One public
open house will be required at the completion of the 65% design to update the public on
the status of the project and to present details of the project. It is anticipated that
several other smaller group meetings and presentations will be required with special
interest groups. The City will provide the data base of mailing addresses and the City's
Public Communications office will provide support to the PI program. The FDC will be
responsible for the preparation of all graphics for the PI program.
E. Final Roadway Design — The FDC shall obtain all preliminary design data from the City
including field survey, preliminary alignments, CADD files, terrain models, etc. and input
into the FDC's CADD system. If necessary, the FDC may request supplemental field
survey to be provided by the City. All CAD work on the Project will be completed in
AutoCAD format. The FDC shall be responsible for all final roadway design including
final horizontal and vertical alignments, development of terrain models and surfaces and
cross -sections. The FDC should be aware that a significant level of design detail
will be required to incorporate the design of the BRT guideway into the proposed
BRT right of way and to avoid impacts to existing improvements. It is anticipated
that retaining walls, and in some locations, design variances may be required to
avoid impacts to existing improvements. The final design will also include an
analysis of clear zone requirements and warrants for roadside safety mitigation and
barriers.
F. BRT Stations and Stops — The FDC will be responsible for the final design of all BRT
stations and stops including station layouts, pedestrian circulation, landscaping,
architectural elements, lighting, coordination of transit system components and other
BRT station appurtenances. Coordination will be required with other consultants
including the South Transit Center, Troutman and NRRC pedestrian crossing
consultants; CSU, various City departments, businesses and other project stakeholders.
Note that new locations for the Harmony and Horsetooth BRT stations are currently
under study and are not reflected on the preliminary plans. It is anticipated that a
significant level of coordination effort will be required in order to reach consensus
on the station design between the various project stakeholders and it is advised
that the FDC commence immediately upon NTP on these activities in order to
meet the project schedule.
G. Fare Collection Feasibility Study — Transfort currently employs a controlled single door
automatic fare collection system and is operated on 30 buses. The Mason Corridor Bus
Rapid Transit project will require a different passenger boarding methodology for the
buses that operate on this bus line. The Scope of Work includes the completion of a
fare collection feasibility study. The feasibility study will include recommendations using
information from current in use technology, regional interoperability and other
parameters. The deliverables will include items such as recommended solutions, total
expected capital costs and operating costs for the next 5 years. The final Scope of
Work for the feasibility study will be developed after the final design award.
H. Brand Development — The Scope of Work includes brand development for the BRT
vehicles. The FDC will work with the City to develop a strong, distinct, and marketable
brand identity for the BRT service, including logo, color scheme, and recommendations
for vehicle decaling design. Brand development will include logo development leading to
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the adoption of a final brand -mark. Deliverables will include Brand development of two to
three variations of recommended brand application to bus exteriors. Also,
recommendation of brand application to shelter, station and bus stop design.
Utility Coordination — The FDC will be responsible for all utility coordination activities
necessary to support the identification of utility conflicts and relocations, and to support
the CPM with the negotiation of utility agreements. Most of the utility surveying and
potholing for the Project has already been completed by others. Profiles for storm
drainage outfalls are also being completed by the PDC as a supplement to the
preliminary design to identify a majority of the utility conflicts. The FDC will be
responsible for verifying the accuracy of the existing utility locations shown on the
preliminary plans, obtaining any supplemental utility data to prepare the final plans and
confirming utility conflicts and relocation requirements. Note that many of the utilities
within the City including water, sanitary sewer, storm water and electric are owned by
the City of Fort Collins.
J. Railroad Agreements — All railroad agreements with the BNSF Railroad including the
Construction and Maintenance (C&M) Agreement, all necessary property acquisition
agreements and applications to the Colorado Public Utility Commission (PUC) are being
completed by others. The Scope of Work includes design coordination activities only
necessary to support the negotiation of the railroad agreements.
K. Final Drainage Design — The drainage design is being advanced to the 60% level by the
PDC as a supplement to the preliminary design. The supplemental drainage design
includes the design of profiles of drainage outfalls, sizing of water quality ponds and
recommendations for other water quality devices and an update to the preliminary
drainage report. The FDC will be responsible for completing all remaining final drainage
activities including final design of water quality ponds and devices, final grading and
drainage plans, profiles, details, permanent water quality BMP's and storm water
management plans.
L. Floodplain permitting and hydraulic modeling of Spring Creek will be completed by
another consultant. The Scope of Work includes coordination with the floodplain
consultant and with other design disciplines.
M. Irrigation Ditches — There are four major irrigation ditches located within the limits of the
Project that will be impacted as shown on the preliminary plans and summarized as
follows:
■ New Mercer Ditch Sta. 165+00 culvert extension
■ Larimer County No. 2 Ditch Sta. 317+00 to 324+00 box culvert and open channel
■ Sherwood Lateral Sta. 432+60 culvert extension
■ Emigh Ditch Sta. 514+10 culvert extension
The FDC will be responsible for the design of irrigation ditch improvements including the
reconstruction and/or extensions of existing ditch structures. The FDC shall investigate
alternatives to the proposed BRT box culvert structure over the Larimer Ditch shown in
the preliminary plans. The CPM is responsible for negotiating ditch agreements for the
Project.
N. Right of Way Plans — Preparation of property acquisition documents including legal
descriptions are being completed by the City Engineering Department. Property
acquisition activities including appraisals and acquisition are being completed by other
consultants under the direction of the City's Real Estate Services Department. The
Scope of Work includes the preparation of final right of way ownership and acquisition
plans based upon legal descriptions and property ownership data provided by the City.
The Scope also includes updating and incorporating the final right of way into the final
roadway plans. Note that the right of way plans are for information only and will not be
used for right of way acquisition or recording purposes.
O. Traffic Engineering — The Scope of Work includes all final traffic engineering activities
including design of all traffic controls, signing, pavement markings and traffic signals.
Traffic signal timing, modeling, priority and preemption where required, and coordination
with BNSF train signal systems will be completed by the City Traffic Department.
P. Design of the BRT MIS systems including fiber-optic system is being completed by the
City's MIS and Utility Departments. Design of BRT transit system components including
audio/visual communications, video surveillance, advanced traveler information and fare
collection equipment (if required) will be completed by Transfort and the City's MIS
Department. The Scope of Work includes coordination with the City and with other
design disciplines, and preparation of plans and specifications for all system
components under the direction of the City.
Q. Major Structure Design — The Project includes several major structures as shown on the
preliminary plans and as summarized as follows:
Culvert extensions
■ Mail Creek Sta. 164+50
■ New Mercer Ditch Sta. 165+00
■ Sherwood Lateral Sta. 432+60
■ Spring Creek Trail Sta. 435+30
• Spring Creek Sta. 437+50
Retaining walls
■ Mail Creek/New Mercer Ditch Sta. 163 to 165+50
■ Bay Farm Station Sta. 424+50 to 432+00
■ Spring Creek floodplain Sta. 432+00 to 449+30
Box Culvert
■ Larimer Canal box culvert and open channel Sta. 317+00 to 324+00
The FDC will be responsible for the final design of all structures. Note that additional
retaining walls may be required along the BRT in order to minimize impacts to adjacent
improvements. Requirements for additional retaining walls will be determined as part of
the final roadway design. The Scope of Work also includes an analysis of bridge versus
culvert extension alternatives for the Mail Creek/New Mercer Ditch and the Spring Creek
floodplain areas. Floodplain requirements at Spring Creek may dictate the use of short
single span bridges as opposed to culvert extensions in this area.
The Scope of Work includes the final design of all structures. The FDC shall prepare a
structure selection report and final design in accordance with CDOT requirements and
procedural directives.
M