HomeMy WebLinkAboutRESPONSE - RFP - 7100 JEFFERSON STREET ALTERNATIVES ANALYSIS PROJECT (2)Cityof
Financial Services
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Purchasing Division
215 N. Mason St. 2"d Floor
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PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. com/purchasing
REQUEST FOR PROPOSAL
7100 Jefferson Street Alternatives Analysis Project
The City of Fort Collins Transportation Planning department is requesting proposals from a
consulting firm or team to provide the City with the planning and conceptual design services for
the Jefferson Street Alternatives Analysis Project. The successful firm/team will address all of
the tasks, issues, and deliverables identified in their proposal, possess the requisite skills
necessary to complete the project on time and within the established budget, and be motivated
to work with staff, citizens, and governing bodies to accomplish the goals and objectives
associated with this project.
Proposals may be submitted by E-mail. E-mail submittal shall be e-mailed to:
jstephen(a-_)fcgov.com. Please send a separate e-mail to confirm that your proposal was
received. 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), February 3, 2010. Proposal No. 7100 Jefferson Street
Alternatives Analysis Project. 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.
The Department has determined the contract goal for UDBE participation in this Contract will be
met with certified UDBEs who have been determined to be underutilized on professional
services contracts. The UDBE goal for this project has been established as follows:
Professional Services Consultants and/or Sub consultants: 3 Percent
A pre -proposal meeting will be held January 20, 2010 at 10:00 A.M. at 215 North Mason,
Community Room, Fort Collins, CO.
Questions concerning the scope of the project should be directed to Project Manager Scott
Weeks (970) 416-2643 or sweeks@fcgov.com.
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.fc.gov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
rev 01/08
♦ Develop a sound set of evaluation criteria that facilitate the final evaluation of corridor
alternatives.
Description: The Alternatives Analysis will serve as an overarching mechanism for alternatives
development and evaluation activities. First and foremost, the Alternatives Analysis should
provide a concise, coherent story that makes a compelling case for recommended
improvements. The story must be grounded in sound analysis and supported by defensible
analytical data. The project team should employ the fundamental steps for alternative
development, but with full consideration of previous planning efforts. The intent is to minimize
rework but follow the sequence by identifying all reasonable alternatives.
Task 8.1 — Alternative Development Workshop
The contractor will prepare for and facilitate an alternative development workshop including
participation of a core team of stakeholders and potential partners. The purpose of the
workshop will be to explore and document a full range of possible transportation
improvement concepts including a no -build option. Workshop participants will be engaged to
help craft a range of strategies for traffic flow, access, parking, trip distribution, and multi -
modal transportation development within the Jefferson Street corridor. Case studies from
other locations with similar operating conditions should be provided. A preliminary screening
process will be undertaken as part of the workshop to eliminate alternatives with fatal flaws.
Agreed upon criteria will be established by workshop participants to facilitate this screening
step.
Task 8.2 — Develop Alternative Packages & Strategies
Alternative concepts advanced from the alternative development workshop will be organized
into packages for further consideration. The Consultant will assemble packages to contrast
strategies based on a common variable. For example, packages could be organized by:
♦ Air Quality Improvement (CMAQ)
♦ Safety
♦ Ability to maintain and attract businesses
♦ Ability to maintain traffic flow including trucks
♦ Level of access restrictions
♦ Investment level
♦ Planning horizon
♦ Adaptive management phases that include monitoring and performance indicators
Task 8.3 — Develop Alternatives Summary Report
Information from the above tasks will be assembled into an Alternatives Summary Report.
The summary will describe the two steps in the alternatives development process, including
preliminary alternative screening and the basis for assembling alternatives into packages
with key themes. The report will also be organized to highlight the mobility, safety and
economic development tradeoffs and relative merits among the alternative concepts.
Deliverable: Alternatives Summary Report
Task 9: Select Preferred Alternative
Objective: Selection of a Preferred Alternative based on the outcome of the alternatives analysis
process and evaluation of traffic information and public input.
2/9/00
Description: Following the conclusion of an extensive alternatives analysis process which
considers several build options as well as a no -build option, the project team will select a
Preferred Alternative which best addresses the project's goals, objectives and purpose and
need. The Preferred Alternative will be advanced to preliminary design and engineering as part
of a future RFP.
Deliverable: Preferred Alternative Package
Task 10: Prepare implementation plan and finance strategy
Objective: Create a comprehensive phased implementation plan that integrates all elements of
the transportation system and performance targets required to move people, goods, and
services effectively through the corridor over the 2035 regional planning horizon.
Description: This task will incorporate the work from all the previous tasks into an
implementation plan. The implementation schedule will reflect and integrate the work product
from the previous tasks, include a proposed budget and reflect the integration of the
transportation system with the development of the existing and proposed land uses in the
corridor. The implementation plan will identify next steps and additional studies needed to
complete the development of the transportation corridor.
Finance strategies should include the options available for financing the recommended
transportation improvements with special attention to the requirements that are attached to each
funding strategy.
Deliverable(s): Implementation and finance plan.
Section 5.0: Project Schedule
Consultant Teams should demonstrate their understanding of the scope of this project and their
understanding of the required processes by included a detailed schedule in their proposals.
Section 6.0: Terms and Conditions
Since this project contains funds from CDOT, please do not provide any costs with your
proposal. The City will negotiate a fee with the selected Consultant.
The payment for services, as described under the Scope of Services, shall be based upon cost
plus fixed fee. Any changes in scope to the original contract will be treated as a negotiated
change order to the contract. Reimbursables will be at cost.
Section 7.0: Reference Standards, Previous Plans, Projects and Studies
All work shall be based upon the requirements and guidelines found in the following reports:
♦ City of Fort Collins and Downtown Development Authority "Downtown River District
Streetscape Improvements Project' August 29, 2008
http://www.fcqov.com/riverdistrict/
♦ DDA Downtown Alleys Master Plan
http://www.downtownfortcollins.org/docs/alley-plan.pdf
2/9/00
♦ DDA Alley Plan for Old Firehouse Alley
http://www.downtownfortcolIins.org/docs/old-firehouse-alley. pdf
♦ Fort Collins Downtown Alley Enhancement Project
http://www.downtownfortcollins.org/alleys.html
♦ City of Fort Collins Downtown Wayfinding Plan (pending approval)
http://www.fcgov.com/advanceplanning/wayfihding.php
♦ Larimer County Urban Area Street Standards April 1, 2007
http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm
♦ US 287 / SH 14 Access Management Report, April 4, 2000
http://www.fcgov.com/transportationplanning/shl4.php
♦ City of Fort Collins "Master Street Plan" December 18, 2007
http://www.fcqov.com/transportation/msp-new.php
♦ City of Fort Collins "Multimodal Transportation Level of Service Manual' 1997
http://www.fcqov.com/dr_q/pdf/los-manual.pd
♦ City of Fort Collins "Pedestrian Plan" 1996
http://www.fcqov.com/transportationplanning/pedplan.php
♦ City of Fort Collins, "Pedestrian Safety at Intersections & Crosswalks" January 2005
http://www.fcgov.com/transportationplanninq/pedsafe.php
♦ City of Fort Collins "2008 Bicycle Plan, Update to the 1995 Bicycle Program Plan"
September 2008
http://www.fcgov.com/bicycling/bike-plan.php
♦ City of Fort Collins Mountain Vista Subarea Plan, approved September 15, 2009
http://www.fcgov.com/advanceplanning/mountainvista.php
♦ City of Fort Collins "Storm Drainage Design Criteria and Construction Standards"
updated January 1997
♦ Guidelines for Submitting Floodplain Modeling Reports to the City of Fort Collins,
updated January 31, 2008
http://www.fcqov.com/stormwater/pdf/fp-modeIing.pdf?2009071 7
♦ Flood Insurance Study — Larimer County Colorado and Incorporated Areas, dated June
17, 2008
http://www.larimer.org/engineering/Floodplain/08069CV001 B.pdf
♦ Chapter 10 of City Code, Flood Prevention and Protection as applicable
http://www.colocode.com/ftcollins/municipal/chapter10. htm
2/9/00
Section 8.0: Contact Information
Transportation Planning Department Project Contacts:
Scott Weeks - Project Manager
Senior Transportation Planner
City of Fort Collins' Transportation Planning Office
P.O. Box 580 : 250 N. Mason
Fort Collins, Colorado 80522-0580
Phone (970) 416-2436
Fax (970) 221-6239
E-mail: sweeks@fcgov.com
Kathleen Bracke
Transportation Planning & Special Projects Director
City of Fort Collins' Transportation Planning Office
P.O. Box 580 : 250 N. Mason
Fort Collins, Colorado 80522-0580
Phone (970) 224-6140
Fax (970) 221-6239
E-mail: kbracke(a)-fcgov.com
Purchasing Department:
John D. Stephen, CPPO, LEED AP
Senior Buyer
City of Fort Collins' Purchasing Department
215 North Mason St., 2"d floor
Fort Collins, Colorado 80522-0580
Phone: (970) 221-6777
E-mail: JSTEPHEN@fcgov.com
2/9/00
Section 9.0: 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 theproject?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to 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?
2/9/00
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 thisproject?
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?
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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Section 10.0: Attachments
Attachment 1: Area Map Jefferson Street Improvement Project Area Map
Attachment 2: Procedures To Implement Federal -Aid Project Agreements With
Professional Consultant Services
Attachment 3: Consultants Notice — DBE Requirements
Attachment 4: Federal Requirements
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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
17
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, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of $
6. Compensation. [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
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.
8. Project Drawinqs. [Optional] Upon conclusion of the project and before final
19
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
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.
13. Default. Each and every term and condition hereof shall be deemed to be a
20
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
21
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22
18. Amendment 54. To the extent that this Agreement may constitute a "sole
source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation, Section 15
of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and
made a part hereof:
a. Section 15. Because of a presumption of impropriety between contributions to
any campaign and sole source government contracts, contract holders shall contractually agree,
for the duration of the contract and for two years thereafter, to cease making, causing to be
made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract
holder or on behalf of his or her immediate family member and for the benefit of any political
party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of
its political subdivisions.
19. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
23
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]
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Seal)
24
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.
26
ATTACHMENT 'I
Jefferson Street Streetscape Improvement Project Area flap
November 2008
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27
ATTACHMENT 2
ATTENTION CONSULTANTS - Notice
On June 21, 2001, in order to more narrowly tailor CDOT's DBE program to conform with the
results of CDOT's 2001 Disparity Study update, the Colorado Transportation Commission
adopted Resolution No. 966, which established a new definition of Underutilized DBE (UDBE)
for construction contracts and for consultant contracts and set a 10.93% overall annual DBE
goal for the remainder of FFY 2001 and for FFY 2002.
The Disparity Study Update found that ALL DBES were underutilized on CDOT construction
contracts and on CDOT consultant contracts, i.e., it determined that ALL DBES WILL BE
CONSIDERED TO BE UDBES. Since all CDOT DBEs are considered to be UDBEs, CDOT's
DBE list will also be the UDBE list.
Please contact Business Programs with questions about this change. Telephone: 303-757-9162
or 800-925-3427 or e-mail Karen.Gonzales@dot.state.co.us.
October 12, 2005
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
1. Definitions and Procedures - For this project, the following terms are defined:
A. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being:
1. At least 51 percent owned by one or more socially and economically disadvantaged
individuals or, in the case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more socially and economically disadvantaged individuals; and
2. Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
3. "Socially and Economically Disadvantaged individuals" means those individuals who are
citizens or lawfully admitted permanent residents of the United States and who are:
(a) Minorities or individuals found by the Small Business Administration pursuant to Section
8(a) of the Small Business Act to be disadvantaged.
(b) Individuals found by CDOT's Office of Certification to be socially and economically
disadvantaged.
B. DBE Joint Venture. An association of two or more businesses formed to carry out a single
business enterprise for profit for which purposes they combine their property, capital, efforts, skills
and knowledge. DBE joint ventures must be certified as a joint venture. The DBE percentage of
the joint venture will be determined at the time of certification.
C. Underutilized DBE (UDBE). A firm which meets the definition of Underutilized Disadvantaged
Business Enterprise (UDBE) based on the findings and recommendations of CDOT's Disparity
Study and is eligible to meet the contract goal as defined in the paragraph titled "Contract Goal."
D. Contract Goal. The goal for UDBE participation that the Department determines should
appropriately be met by the selected consultant, based on the type of work included in each
project and the availability of UDBEs capable of performing such work. The Contract goal will be
the percentage stated in the invitation for consultant services and in the project documents.
E. Certification as a DBE by the Department
1. Any small business may apply to the Colorado Department of Transportation (CDOT) for
status as a DBE. Application shall be made on forms provided by CDOT for certification of
DBEs. However, only work contracted or subcontracted to DBEs that also qualify as UDBEs
and independently performed by UDBEs shall be considered toward contract goals as
established elsewhere in these specifications.
2. It shall be the DBE applicant's responsibility to submit applications so that CDOT has sufficient
time to render decisions. CDOT will review applications in a timely manner but is not
committed to render decisions about a firm's DBE status within any given period of time.
3. The Department will make available a list of DBE contractors, consultants, vendors and
suppliers for the purpose of providing a reference source to assist any consultant in
identifying DBEs and UDBEs. Consultants will be solely responsible for verifying the
Certification of UDBEs they intend to use prior to submitting a Statement of Interest (SOI.)
The DBE list is available at:
http://www.dot.state.co.us/app ucp/
2. Selection of UDBEs by Consultant:
A. Consultants shall exercise their own judgments in selecting any subconsultant to perform any
portion of the work.
3. Requirements
A. The use of UDBEs is an evaluation factor for consultant selection under Section 24-30-1403 (2)
CRS. All Consultants shall submit with their proposals a list of the names of their UDBE
subconsultants to meet the contract goal.
B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the Consultant shall
also submit the names of those DBEs. However, the non-UDBEs will not be used to meet the
UDBE goal for the project.
C. Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI)
scoring. A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI
scoring. If the consultant doesn't submit sufficient UDBE participation to meet the project goal,
they may be awarded from 0 to 4 points, based on the amount of UDBE participation they submit.
The consultant must submit all UDBE participation commitments on either CDOT Form #1330 (for
NPS Contracts) or CDOT Form #1331 (for PS Contracts) with their SOI in order to receive the
corresponding evaluation points.
29
REQUEST FOR PROPOSAL
7100 JEFFERSON STREET ALTERNATIVES ANALYSIS PROJECT
The City of Fort Collins is requesting proposals from a consulting firm or team to provide the
City with planning and alternatives analysis services for the Jefferson Street Alternatives
Analysis Project. The successful firm/team will address all of the tasks, issues, and deliverables
identified in this request for proposal, possess the requisite skills necessary to complete the
project on time and within the established budget, and be motivated to work with staff, citizens,
and governing bodies to accomplish the goals and objectives associated with this project.
Tasks to complete the project include, but are not limited to, those outlined in the attached
preliminary Scope of Work. Proposers should note the schedule is an important element in
selecting the successful firm/team to be awarded a contract through this Request for Proposals
(RFP) process.
Consultant must include the completed CDOT form 1331, Certificate of Proposed DBE
Participation, with their proposal found at the end of this RFP.
Please limit the total length of your proposal to a maximum of 25 pages (excluding covers and
dividers).
Section 1.0: Background
In accordance with the vision and goals of the Downtown River District Streetscape
Improvement Project that was adopted by the City and the Downtown Development Authority
(DDA) in 2008, City and DDA staff set out to find resources to begin implementation of the
proposed improvements in the Downtown River District. Specifically to help address the
existing conditions along Jefferson Street, City staff secured Congestion Mitigation and Air
Quality (CMAQ) grant funding from the Colorado Department of Transportation and the North
Front Range Metropolitan Planning Organization. The CMAQ funding, in partnership with the
City's local matching funds and the DDA funds, will provide for the analysis of roadway and
intersection improvements along Jefferson Street between College Avenue, the intersection of
Jefferson/Mountain Avenue, and the Mountain/Lincoln and Linden intersections.
This newly emerging Downtown River District is coming about through successful public and
private partnerships and economic development opportunities, celebrating the Downtown River
District's unique past, present, and future. It is important for the local infrastructure with the
District to be designed and implemented in a high -quality fashion to support existing land uses
as well as the new infill and redevelopment that will take place over time.
Section 2.0: Introduction
A multi -jurisdictional group, co -led by City of Fort Collins (lead agency), CDOT and the
Downtown Development Authority (DDA) seeks the assistance from a qualified consulting firm
(Consultant) to prepare the Jefferson Street Alternatives Analysis (Jefferson Street/SH14
Project). The Jefferson Street/SH14 Project includes an Alternative Analysis study for
improvements on Jefferson Street/SH14 corridor from Mountain Avenue/Lincoln Street to
College Avenue (SH 287), including the Mountain/Lincoln and Linden intersections. The goals
2/9/00
D. The selected consultant must use the UDBE firms named (if any) on CDOT Form #1330 or #1331
in the Statement of Interest for the items of work described. The replacement of a named UDBE
firm will be allowed only as provided for in (6) of the DBE Definitions and Requirements. Failure
to comply may constitute grounds for default and termination of the Contract.
E. Consultant's UDBE Obligation.
1. The Consultant submitting a Statement of Interest and a Work Plan on consultant projects
advertised by the Department agrees to ensure that UDBEs, as defined in this special
provision, have equal opportunity to participate in the performance of contracts or
subcontracts. The prime Consultant shall not discriminate on the basis of race, color,
national origin, or sex in the selection and bidding process or the performance of contracts.
2. To ensure that UDBEs are offered equal opportunity to participate in the performance of
contracts, it is the responsibility of the prime Consultant to offer and to provide assistance to
UDBEs related to the UDBE performance of the subcontract. However, the UDBE must
independently perform a commercially useful function on the project, as described in F(4)
below.
F. Counting UDBE Participation Toward Goals
1. Once a firm has been certified as a DBE that qualifies as a UDBE, the total dollar amount of
the contract awarded to the firm shall be counted toward the contract goal as explained
below, and as modified for the project in the project special provisions titled "Contract Goal."
2. The actual dollar total of a proposed subcontract, supply or service contract with any UDBE
firm shall be reported to the Department in the Consultant's Cost Proposal.
3. The eligibility of a proposed UDBE subconsultant will be finally established based on the
firm's status at the time the contract is signed. If a firm becomes certified as a DBE during
performance under a fully executed contract with CDOT but prior to the UDBE performing
any work, then 100% of the work performed by the firm under that contract may be claimed
as eligible work. No work performed by a UDBE firm can be counted toward UDBE
participation prior to the firm receiving certification as a DBE.
4. The Consultant may count toward its contract goal only that percentage of expenditures to
UDBEs which independently perform a commercially useful function in the work of a contract.
A UDBE is considered to be performing a commercially useful function by actually
performing, managing, and supervising the work involved. To determine whether a UDBE is
performing a commercially useful function, the Department will evaluate the amount of work
subcontracted, work performed solely by the UDBE, industry practices, and other relevant
factors.
5. A UDBE may enter into subcontracts consistent with normal industry practices. If a UDBE
subcontracts over 51 % of the work of the Contract the UDBE shall be presumed not to be
performing a commercially useful function. The UDBE may present evidence to rebut this
presumption to the Department.
6. The Consultant may count toward its contract goal the percentage of expenditures for
materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers
specifically for use on the project, provided that the UDBEs assume the actual and
contractual responsibility for and actually provide the materials and supplies.
30
(a) The Consultant may count 100 percent of its expenditures to an UDBE manufacturer if
the purchased items are to be used on the project. A UDBE manufacturer is a certified
firm that operates or maintains a factory or establishment that produces on the premises
the materials or supplies obtained by the Consultant.
(b) The Consultant may count 60 percent of its expenditures to UDBE suppliers that are not
manufacturers, provided that the UDBE supplier performs a commercially useful function
in the supply process. A supplier is a certified firm that owns, operates, or maintains a
store, warehouse, or other establishment in which the materials or supplies required for
the performance of the Contract are bought, kept in stock, and regularly sold to the public
in the usual course of business. To be a supplier the firm must engage in, as its principal
business and in its own name, the purchase and sale of the products in question. A
supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need
not keep such products in stock, if it owns or operates distribution equipment. Brokers
and packagers shall not be regarded as manufacturers or suppliers within the meaning of
this section.
(c) The Consultant may count toward its UDBE goal the following expenditures to UDBE
firms that are not manufacturers or suppliers:
1. The fees or commissions charged for providing a bona fide service, such as
professional, technical, consultant or managerial services and assistance in the
procurement of essential personnel, facilities, equipment, materials or supplies
required for performance of the Contract, provided that the fee or commission is
determined by the Department to be reasonable and not excessive as compared with
fees customarily allowed for similar services.
2. The fees charged for delivery of materials and supplies required to a job site (but not
the cost of the materials and supplies themselves) when the hauler, trucker, or
delivery service is not also the manufacturer of or a supplier of the materials and
supplies, provided that the fee is determined by the Department to be reasonable
and not excessive as compared with fees customarily allowed for similar services.
3. The fees or commissions charged for providing any bonds or insurance specifically
required for the performance of the Contract, provided that the fee or commission is
determined by the Department to be reasonable and not excessive as compared with
fees customarily allowed for similar services.
4. Determination of goal achievement
To determine the goals achieved under this Contract, the UDBE participation shall be
divided by the original prime Contract amount and multiplied by 100 to determine the
percentage of performance. The Consultant shall maintain records of payment that
show amounts paid to all UDBEs and DBEs. The Consultant shall submit a CDOT
Form #1313 with each billing/invoice to the Department listing all subconsultants
(including UDBEs and other DBEs) that participated in this Contract and the dollar
amount paid to each. The Consultant shall certify the amount paid, which may be
audited by the Department. When the participation by UDBEs is less than the
Consultant committed to the Department, the Consultant shall submit a statement to
CDOT along with the CDOT Form #1313 that indicates the amount of participation
and gives reasons why it was different from the Consultant's SOI commitment.
5. Replacement of UDBEs used to meet the contract goal
31
A. Based upon a showing of good cause the Consultant may request that a UDBE
named in the Consultant's Statement of Interest be replaced with another UDBE
pursuant to the terms and conditions of this special provision. Replacements will
be allowed only with prior written approval of the Department.
B. If a replacement is to be requested prior to the time that the named UDBE has
begun to effectively prosecute the work under a fully executed subcontract, the
Consultant shall furnish to the Department the following:
1. Written permission of the named UDBE. Written permission may be waived
only if such permission cannot be obtained for reasons beyond the control of
the Consultant.
2. A full written disclosure of the circumstances making it impossible for the
Consultant to comply with the condition of award.
3. Documentation of the Consultant's assistance to the UDBE named in the
Consultant's Statement of Interest.
4. Copies of any pertinent correspondence and documented verbal
communications between the Consultant and the named UDBE.
5. Documentation of the Good Faith Efforts in finding a replacement UDBE and
the results of the efforts. It is within the control of the Consultant to locate,
prior to award, UDBEs that offer reasonable prices and that could reasonably
be expected to perform the work. For this reason, increased cost shall not,
by itself, be considered sufficient reason for not providing an in -kind
replacement.
C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily
complete performance of the work, the Consultant shall furnish to the
Department the following:
Documentation that the subject UDBE did not perform in a satisfactory
manner.
2. Documentation of the Consultant's assistance to the UDBE prior to finding
the UDBE in default.
3. A copy of the certified letter finding the UDBE to be in default or a letter from
the UDBE stating that it cannot complete the work and it is turning the work
back to the Consultant.
4. Copy of the contract between the Consultant and the UDBE, plus any
modifications thereto.
6. Sanctions
A. It is the obligation of the Consultant to provide UDBE firms with equal opportunity to participate in
the performance of the work.
32
B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent
with the intent of the DBE program, and in substantial compliance with the terms and conditions
of these DBE definitions and requirements.
C. UDBE firms which fail to perform a commercially useful function as described in subsection 4(E)
of these DBE definitions and requirements or operate in a manner which is not consistent with the
intent of the DBE program may be subject to revocation of certification.
D. A finding by the Department that the Consultant has failed to comply with the terms and
conditions of these DBE definitions and requirements may constitute sufficient grounds for default
and termination of the Contract.
33
ATTACHMENT 3
FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18,
except to the extent that other applicable federal requirements (including the
provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part
18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18
include, without limitation:
1. the Local Agency/Contractor shall follow applicable procurement procedures, as
required by section 18.36(d);
2. the Local Agency/Contractor shall request and obtain prior CDOT approval of changes
to any subcontracts in the manner, and to the extent required by, applicable provisions
of section 18.30;
3. the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described
in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375 of October 13, 1967 and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded
in excess of $10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair).
D. The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees
and subgrantees when required by Federal grant program legislation. This act requires that
all laborers and mechanics employed by contractors or sub -contractors to work on
construction projects financed by federal assistance must be paid wages not less than those
established for the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500
for other contracts which involve the employment of mechanics or laborers).
34
F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
subgrants of amounts in excess of $100,000).
G. 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 (Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes
state that federal funds cannot be used for partisan political purposes of any kind by any
person or organization involved in the administration of federally -assisted programs.
J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R.
Part 80 et. seq.. These acts require that no person shall, on the grounds of race, color,
national origin, age, or handicap, be excluded from participation in or be subjected to
discrimination in any program or activity funded, in whole or part, by federal funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-
12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225
and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the
contractor is acquiring real property and displacing households or businesses in the
performance of this contract.)
M. The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et
sec .).
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sea. and its implementing
regulation, 45 C.F.R. Part 91;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and
implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related
Contracts".
P. 23 C.F.R Part 633, concerning 'Required Contract Provisions for Federal -Aid Construction
Contracts".
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973.
The requirements for which are shown in the Nondiscrimination Provisions, which are
attached hereto and made a part hereof.
35
APRIL 1980
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the
Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in
interest, agree as follows:
A. Compliance with Regulations. The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in Federally assisted programs
of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the "Regulations"), which are herein incorporated by reference and
made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and
prior to completion of the contract work, will not discriminate on the ground of race, color,
sex, mental or physical handicap or national origin in the selection and retention of
Subcontractors, including procurement of materials and leases of equipment. The
Contractor will not participate either directly or indirectly in the discrimination prohibited
by Section 21.5 of the Regulations, including employment practices when the contract
covers a program set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the Contractor for work to
be performed under a subcontract, including procurement of materials or equipment, each
potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the
ground of race, color, sex, mental or physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information and its facilities as may be
determined by the State or the FHWA to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of the Contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what
efforts have been made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions
as it or the FHWA may determine to be appropriate, including, but not limited to:
1. Withholding of payments to the Contractor under the contract until the Contractor
complies, and/or;
36
2. Cancellation, termination or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A
through F in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The
Contractor will take such action with respect to any subcontract or procurement as the State
or the FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that, in the event the Contractor becomes involved in, or
is threatened with, litigation with a Subcontractor or supplier as a result of such direction,
the Contractor may request the State to enter into such litigation to protect the interest of the
State and in addition, the Contractor may request the FHWA to enter into such litigation to
protect the interests of the United States.
37
ATTACHMENT LO
Certification for Federal -Aid Contracts
The contractor certifies, by signing this contract, to, the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf or the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal 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 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 influencing or attempting to influence an officer or 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.
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 Section 1352, Title 31, U.S. Code. 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.
The prospective participant also agree by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
COLORADO DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF PROPOSED
DBE PARTICIPATION FOR
CMS #:
Anticipated Location(s):
Project#:
Sheet:
PROJECT SPECIFIC (PS)
of
CONSULTANT CONTRACTS
Contract DBE Goal:
Will Your DBE °fo Meet The Goal (box Q?
%
❑ YES ❑ NO
fnstructions For Prime Consultant:
• An officer of the consultant must complete and submit an original copy of this form as part of the Commendation Section of your PS contract
Statement Of interest (SOI).
• Submit a separate CDOT Form #1331 for each proposed 013E.
• Attach a signed Letter of Acceptance and copy of DBE certificate from each DBE firm.
• Retain a photocopy for your records.
(NOTE: See 49 CFR part 28.55. and the DBE DeSnulrana and Requirements section of the contract, for further information concerning counting DBE
participation toward the contract's DBE goat.)
NAME OF DBE SUBCONSULTANT
ITEMS OF WORK TO BE PERFORMED
BY DBE SUBCONSULTANT
T
tt
REQUIRED ATTACHMENTS: ❑ Letter of Acceptance ❑ DBE certifi CIP14
A) What percentage of the overall contract is this proposed subcontract, suppiylVendcontract, Oft
servicelbroker contract?
? 2+
NOTE: Calcate %
A> %
ul based on actual subcontractor dollars and not prime_contract prices. Q ly repo' % amounts
that are eligible for counting toward the contract goal (See DBE Dehrfl7aonmaradRegmrementsajn contract).
-
tz
B) What is the total percentage value of proposed D(B' E partictpati,6�from prior sheetstforms?
/o
B>lip
li
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C) What is the accumulative percentage value of'the overall contract that is committed to DBEs?
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1 certify that:
• my company has accepted a proposal from the DBE subconsultant named above.
• my company has notified the proposed DBE subconsultant of the commitment % of work (Letter of Acceptance is attached).
• my company's use of the proposed DBE subconsultant for the items of work listed above is a condition of the contract award.
• my company will not use a substitute DBE subconsultant for the proposed DBE subconsultent's fadure to perform under a fully
executed subcontract, unless my company complies with the DBE Definitions and Requirements section of the contract
• In addition, if my company does not meet the intended DBE goal for this contract and is unable to document adequate good
faith efforts, I understand that my company will receive a poor contract performance rating from CDOT, which will negatively
impact the scoring of our Statements Of Interest (SOI) on future CDOT contracts.
I declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements
made on this document are true and complete to the best of my knowledge.
COMPANY NAME.
DATE:
i I
COMPANY OFFICER SIGNATURE:
TITLE:
CDOT Form 1331 IM5
39
of the alternatives are to improve the air quality as well as quality and safety of the
transportation environment for all modes of travel. Economic impact is also an important
criteria.
This project will include a thorough alternatives analysis process and development of a
complete set of design options for Jefferson Street/SH14, the intersection of Jefferson/SH14
and Mountain Avenue, and the Mountain/Lincoln and Linden intersections. This Alternatives
Analysis process will include many options such as traditional roadway and intersection designs
as well as roundabouts and other innovative context -sensitive design solutions based upon
local, state, and national best -practices.
The "Preferred Alternative" for the improvements along Jefferson Street/SH14 and at the
intersection of Jefferson/Mountain Avenue will be selected through the project evaluation
process, incorporating input from all project stakeholders. These "preferred" improvement(s) will
then advance to preliminary and final engineering under a separate scope of services. The
completed improvements are intended to improve air quality as well as safety and mobility for all
modes of transportation along Jefferson/SH14 corridor.
Roadway section and intersection alternatives will be developed collaboratively with a broad
stakeholder group, including representatives from the City of Fort Collins, Downtown
Development Authority, Downtown Business Association, Colorado Department of
Transportation (CDOT), North Front Range Metropolitan Planning Organization (NFR MPO),
local residents & business/property owners, Great Western and Union Pacific railroads,
Colorado Motor Carriers Association, utilities, and other community/regional interests.
The various alternatives will be extensively evaluated by the project team and stakeholders
using criteria such as:
♦ Capacity to address existing and future traffic volumes and how to best define capacity
♦ Safety for all modes
♦ Air Quality
♦ Mobility and accessibility for all modes of travel and vehicle sizes, including heavy truck
movement
♦ Provision of visually appealing gateway features
♦ Impact to local businesses
♦ Parking opportunities and impacts (on -street and off-street)
♦ Impacts to railroad operations
♦ Right -of -Way Acquisition
♦ Cost of improvements
The City will work closely with CDOT, the design consultants and the stakeholders to conduct a
thorough analysis of the pros and cons of each alternative based upon an agreed set of criteria
to address local, regional, and state concerns.
Throughout the development of the Jefferson Street corridor project, the City -led process will
coordinate with the DDA and CDOT staff in partnership and conduct joint reviews at critical
milestones throughout the project. In addition, the project team will offer an extensive public
outreach and engagement process led by City staff with the many project area stakeholders to
ensure the auto, pedestrian, bicycle, and streetscape improvements meet the immediate needs
of the area as well as serve the long-range vision of the Downtown River District.
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Jefferson Street is a State Highway owned by CDOT, and CDOT will be the ultimate decision
maker on any improvements. Jefferson Street is a primary truck route. This alternatives
analysis is funded by three sources: CMAQ, DDA and the City. Federal processes must be
followed. Air quality benefits must be realized to qualify for CMAQ funding.
Section 3.0: Consultant Selection Process & Project Schedule
On time delivery is imperative for this project. Proposing teams must explain their approach and
innovative delivery strategy to ensuring an efficient schedule.
1. Consultant Selection Process
♦ February12, 2010 Selection of qualified consulting firms/teams
♦ Conduct Interviews week of February 22, 2010
♦ Select & Notify Consultant — Week of February 22, 2010
2. Project Schedule
March -December 2010: Alternatives Development and Selection of Preferred
Alternative, Public Input, and Stakeholder Involvement
The City has the option to use selected firm for Preliminary Engineering and Final
Design of Preferred Alternative. Right -of -Way Acquisition and Construction of the
project will be addressed through a future bid process.
Proposers should submit a detailed scope for this phase of the project, and include a
project schedule that reflects work tasks and identifies critical milestone dates.
Section 4.0: Scope of Work
The following is an outline of a general scope of work. The 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 tasks described below for
Phase 1 include:
♦ Establish decision process and communication protocols
♦ Refine Jefferson Street project purpose, objectives, and goals
♦ Stakeholder coordination and public involvement
♦ Document existing conditions in the Jefferson Street Corridor
• Analyze Jefferson Street Corridor's relationship to the existing transportation network
♦ Update current and projected traffic conditions and conduct traffic analysis
♦ Evaluate and recommend specific applications to traffic operations
♦ Identify alternatives and conduct alternatives analysis
♦ Select preferred alternative
♦ Prepare implementation plan and finance strategy
This scope of work will be finalized during negotiation with the successful Consultant. It is
understood that there may be overlap among the tasks and that a critical path schedule needs
to be created to understand the order and schedule of the work. Proposals must include
proposed project management approach, detailed work plan, and proposed project schedule
showing critical decisions. The respondent's detailed project approach will include
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recommended changes to this scope of work that are necessary to successfully execute this
project.
Task 1: Establish decision process and communication protocols
Objective: Because there are several agencies involved in this project, the Consultant will be
called upon to assist in establishing clear decision making and dispute resolution processes at
the outset of the project.
Description: This project involves several agencies and stakeholders working together to
achieve the project goals and objectives. The Consultant, working closely with the owner, shall
begin this task by preparing a draft set of procedures for review and comment. The procedures
shall include:
♦ Task Group structure
♦ Communication protocols
♦ Decision process
♦ Refined critical path of key decisions throughout the life of the project
The City and project partners will review and comment on the proposed procedures. The
Consultant will then complete a brief document that establishes the above procedures that will
govern the execution of the project.
Deliverable(s): A draft and final version of project procedures establishing decision process and
communication protocols.
Task 2: Refine Jefferson Street project purpose, objectives and goals
Objective: Assist the project partners to refine the Jefferson Street Improvement Project
purpose, objectives and goals. Contained within this higher level project definition should be
specific objectives and goals for a safe and efficient high capacity transportation facility,
decreased emissions, increased pedestrian safety and enhanced economic development within
the corridor.
Description: Currently these elements are implied in previous studies, but have not been
developed in agreement by all participating agencies. This task will review existing documents
and propose a refined project purpose, objectives and goals for the larger Jefferson Street
Improvement Project. It will be important for the Consultant to work closely with participating
agencies to prepare these definitions and obtain consensus of the group. As part of this task,
the Consultant will work with the project partners to identify key challenges and possibly
competing interests to determine the goals and objectives that best reflect the desires of this
corridor and the region.
Deliverable(s): Technical memorandum #1: Jefferson Street Corridor project purpose, objectives
and goals.
Task 3: Stakeholder coordination and public involvement
Objective: Conduct a comprehensive public involvement program designed to engage key
stakeholders, policy makers, and the public in the planning process and seek comment and
input on the key tasks contained in the scope of work throughout the life of the project.
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Description: The City will develop and implement a public involvement process and conduct
stakeholder coordination. The process will include potentially affected interests such as multiple
City departments, City's Transportation Board, City Council, the Colorado Department of
Transportation, Federal Highway Administration, area property/business owners, neighborhood
groups, North Fort Collins Business Association, Downtown Development Authority, Downtown
Business Association, bicycle/pedestrian advocacy groups, trucking industry representatives,
and Union Pacific railroad representatives. The Consultant will also coordinate with planned and
ongoing projects within the Downtown River District.
Deliverable(s): Consultant tasks to support the City's public and stakeholder involvement
process include:
♦ Public mailing preparation
♦ Preparation of presentation materials including graphics production/reproduction
♦ Development of press releases/media materials
♦ Facilitation at property owner meetings
♦ Facilitation at public meetings
Task 4: Document existing conditions in the Jefferson Street Corridor
Objective: Summarize the Jefferson Street existing conditions.
Description: Plans and studies have been conducted, or are ongoing, that either directly or
indirectly affects the Jefferson Street corridor and how it will develop over time. The selected
Consultant will review these documents and conditions and summarize the most critical
elements impacting the Jefferson Street corridor. This summary will include the strengths,
weaknesses, and future challenges as judged by the Consultant that may positively or
negatively affect the ability of the jurisdictions to implement the project purpose, objectives, and
goals, and have important input to the remaining RFP tasks. The outcome will also identify
inconsistencies that may arise and a plan to resolve those that are necessary to the completion
of this project.
The City will document and compile the following data for the project area:
♦ Topographic survey
♦ Aerial maps
♦ 24—hour traffic counts and peak hour turning movement counts at signalized
intersections
♦ Traffic signal timing data
• Property information, including property ownership, property line information and
current tenants
♦ Historical and landmark information
♦ Archeological resource information
♦ Utility locations
The Consultant will conduct the following activities:
♦ Produce mapping based on information provided by City of Fort Collins.
♦ Gather future traffic projections based on the City's input to the NFRMPO model.
♦ Conduct follow-up with utility companies to gather and document updated
information.
♦ Provide assistance with the identification and assessment of archeological
resources.
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Deliverable(s): Technical memorandum #2: Jefferson Street Corridor summary of existing
conditions.
Task 5: Define Jefferson Street Corridor and relationship to the existing transportation
network
Objective: Clearly analyze the relationship of the Jefferson Street corridor in the overall context
of the City's transportation system and to the surrounding transportation network within the
downtown area.
Description: The Jefferson Street corridor, as it relates to this project, is roughly described as
between the Mountain Avenue/Lincoln Avenue/Riverside Avenue intersection and College
Avenue. This corridor is approximately .4 miles long and passes through a developed urbanized
area consisting of heavy and light commercial, office, and residential uses. The corridor also
serves as State Highway 14 and is part of the main truck route through Fort Collins. The
corridor needs to be analyzed to define its relationship to the surrounding transportation network
and to identify potential impacts as a result of operational changes to Jefferson Street and
intersection designs, both inside and outside of the right-of-way.
The Consultant will analyze the corridor to determine potential impacts for consideration in the
development of alternatives, and to develop phased improvements in the Implementation Plan.
Deliverable(s): Technical memorandum #3: Definition of the Jefferson Street corridor.
Task 6: Update current and projected traffic conditions and conduct traffic analysis
Objective: Prepare the most current traffic counts and demographic data. Forecast the most
likely and reasonable future traffic conditions through the Jefferson Street corridor both
practically and for use in the future travel demand models.
Determine how traffic will function both in the short term and long term along a corridor
presently dominated by autos and trucks. The goal is to create a transportation system that
accommodates all modes.
Description: Coordination to measure the most current and reasonable traffic data in order
to best determine future traffic along the Jefferson Street corridor. The City will provide the
Consultant with the following data:
♦ Hourly traffic counts over a 24-hour period
♦ Traffic counts extending one-half (1/2) mile beyond the eastern (Jefferson Street/Lincoln
Avenue/Riverside Avenue intersection) and western (College Avenue) project limits and
one -quarter (1/4) mile beyond the western project limit on Mountain Avenue, and eastern
project limit on Lincoln Avenue.
♦ Turning movements at major intersections, pedestrian and bicycle counts, and truck
volumes.
♦ Existing and future Level of Service determination for both vehicle and transit use.
♦ Current and future rail operations.
The Consultant shall perform the following:
♦ Coordination between the City of Fort Collins, DDA and CDOT for general land use and
transportation plans affecting the Jefferson Street corridor.
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♦ Verification and update of demographics and associated Transportation Analysis Zone's
having a direct affect on the corridor.
♦ Research and summary of national best practices regarding the use of roundabouts
located within an urban area, along a designated truck route and similar proximity to an
active rail line.
♦ Analysis of traffic operations at the intersections and along the corridor to determine the
capacity of the existing intersections and to determine the operational needs of the traffic
system to accommodate the 2035 forecasted traffic.
• Preparation of a summary of the traffic analysis data and results, which balances the
accommodation of the forecasted traffic and pedestrian/bicycle movements for each
intersection.
Deliverable(s): Technical Memorandum 4: Jefferson Street Traffic Conditions.
Technical Memorandum 5: Jefferson Street Corridor Traffic Analysis
Task 7: Evaluate and recommend specific applications to traffic operations
Objective: Evaluate various transportation system applications for use in the corridor to support
traffic operations, safety, and mobility, and to recommend specific applications to enhance
overall movement of people in the corridor. Recommendations should relate to the
improvements included in the Preferred Alternative package, and to the schedule proposed in
the Implementation Plan (described in Task 10).
Description: Evaluate and recommend transportation system applications to support the
movement of vehicles and people in the corridor safely and efficiently. Possible categories of
technologies to be considered include, but are not limited to:
♦ Signal system applications to support vehicle traffic and pedestrian movements, and
transit operations
♦ Intelligent Transportation System (ITS) applications
♦ Traveler information
♦ Operations management
♦ Safety enhancements
Deliverable(s): Technical memorandum 6: Recommended transportation system applications
Task 8: Alternatives Development
Objective: The principal goal of the project planning approach is to ensure successful, cost
effective and implementable improvements for the City of Fort Collins, DDA and CDOT. This will
be accomplished by focusing on the following key objectives:
♦ Provide a focused examination of service and facility options that result in a short list of
alternatives.
♦ Refine alternatives with informed and collaborative decision making throughout the
process.
♦ Guide and support all major project tasks with a focused set of transportation strategies,
including appropriate interpretation of information and data that can be used by various
disciplines.
♦ Coordinate project activities and responsibilities with the City, DDA, CDOT, Trucking
Industry, and Union Pacific railroad.
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