HomeMy WebLinkAboutSTEVEN B FISHER PHD - CONTRACT - RFP - 7346 DEMOGRAPHIC FORECAST FOR NFRMPOPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 18th day of .Iuly. 2012, by and
between THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL (the "MPO") and STEVEN B. FISHER. Ph.D. ("Contractor").
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. Contractor shall perform the Long Range Economic and
Demographic Forecast and related work as needed, as described in Exhibit A, Scope of Work.
The scope of services to be performed pursuant to this Agreement shall be performed in
accordance with the Work Order, a sample of which is attached hereto as Exhibit B and
incorporated herein by this reference. The MPO reserves the right to independently bid any
project rather than issuing a Work Order to the Contractor for the same pursuant to this
Agreement.
2. Time. The services to be performed pursuant to this Agreement shall be initiated
as specified for this task. Time is of the essence. Any extensions of any time limit must be
agreed upon in writing by the parties hereto.
3. Term. This Agreement shall commence on .lulu 18. 2012 and shall
continue in full force and effect until June 30. 2013 , unless terminated sooner as herein
provided. Pricing changes shall be negotiated by and agreed to by both parties.
4. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default, and this
Agreement may be terminated.
5. Early Termination by MPO. Notwithstanding the time periods contained herein,
the MPO may terminate this Agreement at any time for the MPO's convenience or because of the
failure of Contractor to fulfill the contract obligations. The MPO shall terminate by providing at
least fifteen (15) days prior written notice of termination by delivering to Contractor a notice of
termination specifying the nature, extent, and effective date of the termination. Upon receipt of
the notice, Contractor shall immediately discontinue all services affected (unless the notice
directs otherwise) and deliver to the MPO all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process. If the termination is for convenience, the MPO shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services. If the termination is for failure of Contractor to fulfill the contract obligations, the MPO
may complete the work and Contractor shall be liable for any additional cost incurred by the
MPO. If, after termination for failure to fulfill contract obligations, it is determined that
Contractor was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the MPO.
6. Opportunity to Cure. In the case of a breach or default, the MPO may, in its sole
discretion, allow Contractor a period of time in which to cure the defect. In such case, the notice
THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL (MPO)
Suzette lette, Interim Executive Director
Date CONTRAU� S'C�. FISHER. PH.D.
By:
Title:S'/
Date: % Z 3 // Z
EXHIBIT A
SCOPE OF WORK
LONG RANGE ECONOMIC AND DEMOGRAPHIC FORECAST
5/29/12
Steve B. Fisher and Phyllis Resnick
Scope of Services
Steven B. Fisher, Ph.D., ("the Consultant") has prepared the following scope of work and budget
to assist the North Front Range Metropolitan Planning Organization (NFRMPO) in preparing the
2040 Demographic Forecast for the North Front Range MPO. NFRMPO will contract with the
team of Fisher and Resnick for the work contained in this Scope who will in turn subcontract a
portion of the work to Logan Simpson Design.
The forecast will update and extend the NFRMPO's most current forecast report, completed in
March 2006. This report has been used for building the land use allocation and regional travel
demand models first in 2006 and more recently in 2010 with an out year of 2035. The new
forecast methodologies and modeling parameters will be as consistent as practical with the 2035
report. This consistency enables integration with the Denver Regional Council of Governments
that abuts the NFRMPO and the State Demography Office that also use the methodology
described in the current report. Consistency is also important for historical trending.
The current Land Use Allocation Model (LUAM) is built on CommunityViz software that has
had extensive customization. The regional travel demand model is built using TransCad
software. The NRFMPO geography is currently divided into six subareas that are: City of Fort
Collins, City of Loveland, City of Greeley, remainder of the NFRMPO modeling area, and the
ozone nonattainment area of Larimer County and Weld Counties.
The report will provide:
• A regional forecast with major macroeconomic indicators and subarea control totals out
to the year 2040
• A population and household demographic forecast out to the year 2040 for the persons
and households projected to be in the NFRMPO region
• Complete documentation of the models
• The co -leadership (along with NFRMPO staff) of a task force of regional economists (the
Task Force) who will be convened as advisory to this forecast effort
1. The Regional Economic Forecast
The first component is the preparation of an economic forecast whose outputs, including
employment, labor force and population, will be estimated through 2040 for the NFRMPO area.
All forecasted elements will be presented in five year increments through the 2040 end of the
planning period. .
2. The Regional Demographic Forecast
The second component is the preparation of a forecast of the distribution of population and
households in the NFRMPO modeling area and its subareas. This forecast will provide
distributions of population and households every five years out to the year 2040, based on those
provided by the State Demography Office.
LOGAN SIMPSON DESIGN will assist by preparing the preliminary sub regional control totals.
Using the existing land use model, an employment and household capacity by income and job
type (as well as anticipated timing), will be developed by subarea. LOGAN SIMPSON
DESIGN's NFR MPO model includes a redevelopment component which will provide additional
information. This effort will ensure a level of consistency between previous sub regional
controls and new ones. It is anticipated that a new subarea would be added to further refine the
forecasts.
In addition, LOGAN SIMPSON DESIGN will include an evaluation of land available for
expansion of each sector pursuant to local plans and policies. The subarea forecasts will also
address population and housing growth associated with employment within each subarea by
evaluating characteristics of the existing population in each subarea (using 2010 Census data and
other reliable sources), building permits and other factors that are identified in consultation with
regional and local planning officials. Individual meetings will be held with each jurisdiction to
further evaluate control totals, redevelopment,potential, future developments and land capacity.
3. Model Documentation
The third component is documentation of the model. This will include a summary of the trends
provided in the forecast, a description of forecast methodology including all major forecast
assumptions, and major threats to the forecast.
4. Task Force Management
Steven B. Fisher will co -lead three Task Force meetings. The Task Force will consist of
economists from the region and will be formed for the purposes of advising the forecast effort.
As an example of the process, the following outline summarizes the potential agendas. This
schedule and agenda may be subject to modification for this forecast, as requested by either
NFRMPO staff or the consultant. In addition, the consultant may be asked to meet with
NFRMPO staff in advance of Task Force meetings to plan for each specific meeting. The
agendas for the meetings will be approximately as follows.
First Task Force meeting
• General approach to forecast
• Preliminary set of critical assumptions
• Present data covering recent history for major macroeconomic indicators for both the nation
and Colorado
• Preliminary economic forecast for NFRMPO Modeling Area and the subregions
• Preliminary discussion of population/household demographic forecast
Second Task Force meeting
• Revised economic forecast
• Preliminary population and household demographic and income forecast
• Income distribution issues
Third Task Force meeting
• Final economic forecast
Final population and household demographic and income forecast
Final review of key forecasting assumptions and threats to the forecast
The project budget by task is attached.
LOGAN SIMPSON DESIGN's BASIC SERVICES
SCOPE OF WORK
LONG RANGE ECONOMIC AND DEMOGRAPHIC FORECAST
SCOPE OF WORK - 5/21/2012
Task 1: Subregion Capacity
Subregion capacity is the preparation of a forecast of the distribution of population and
households in the NFRMPO modeling area and its subareas. This forecast will provide
distributions of population and households every five years out to the year 2040, based on those
provided by the State Demography Office.
LOGAN SIMPSON DESIGN will assist by preparing the preliminary 7 sub regional control
totals. Using the existing land use model, an employment and household capacity by income and
job type (as well as anticipated timing), will be developed by subarea. LOGAN SIMPSON
DESIGNS NFR MPO model includes a redevelopment component which will provide
additional information. This effort will ensure a level of consistency between previous sub
regional controls and new ones. It is anticipated that a new subarea would be added to further
refine the forecasts.
Task 1 Deliverables:
i. For each of the 7 subareas LOGAN SIMPSON DESIGN will deliver:
a) Capacity for employment and households
b) Forecast to 2040 in 5 year increments for employment and
households
c) Base year forecast (existing conditions)
d) New subregion boundary
Task 2: Employment
LOGAN SIMPSON DESIGN will include an evaluation of land available for expansion of each
sector pursuant to local plans and policies. The subarea forecasts will also address population
and housing growth associated with employment within each subarea by evaluating
characteristics of the existing population in each subarea (using 2010 Census data and other
reliable sources), building permits and other factors that are identified in consultation with
regional and local planning officials.
LOGAN SIMPSON DESIGN will also add 3 new employment categories; education, healthcare
& leisure (in addition to the existing 3 categories basic, retail, & service). Education will be
further refined into local/public schools, universities, and private schools. Specific projection for
regional facilities for the Education and Healthcare categories will be identified and added to the
model while coefficients will be created for smaller facilities. The leisure category will be
targeted to Estes Park where site specific projections will be added to the model, which will be
used in other areas to develop these projections.
Task 2 Deliverables:
i. New employment categories, definitions, and growth coefficients
ii. GIS data for identified sites for education, healthcare, and leisure
iii. Land evaluation documentation
iv. Expanded employment & housing capacity for each subregion
Task 3: Model Documentation Review
LOGAN SIMPSON DESIGN will assist in the review of the documentation of the model. This
will include review of the summary of the trends provided in the forecast, a description of
forecast methodology including all, major forecast assumptions, and major threats to the forecast.
Task 3 Deliverables:
v. Model Methodology
vi. GIS data
Task 4: Task Force Assistance
LOGAN SIMPSON DESIGN will co -lead three Task Force meetings. The Task Force will
consist of economists from the region and will be formed for the purposes of advising the
forecast effort. As an example of the process, the following outline summarizes the potential
agendas. This schedule and agenda may be subject to modification for this forecast, as requested
by the Client. In addition, the consultant may be asked to meet with the Client in advance of
Task Force meetings to plan for each specific meeting. The agendas for the meetings will be
approximately as follows.
First Tusk Force meeting
• General approach to forecast
• Preliminary set of critical assumptions
• Present data covering recent history for major macroeconomic indicators for both the nation
and Colorado
• Preliminary economic forecast for NFRMPO Modeling Area and the subregions
• Preliminary discussion of population/household demographic forecast
.Second Task Force meeting
• • Revised economic forecast
• • Preliminary population and household demographic and income forecast
• • Income distribution issues
Third Task Force meeting
• • Final economic forecast
• • Final population and household demographic and income forecast
• • Final review of key forecasting assumptions and threats to the forecast
Task 4 Deliverables:
vii. Meeting Minutes
viii. Review of final report
AECOM AECOM 970484 WIa lal
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July 11, 2012
Steven B. Fisher, Ph.D., Economist
Fisher/Resnick
1860 West Centennial Drive #302
Louisville, CO 80027
Dear Mr. Fisher,
On March 12, 2012, Fisher/Resnick submitted a proposal to perform certain professional services in
connection with the 2040 RTP Forecast Report project. Fisher/Resnick identified AECOM Technical
Services, Inc. as a Subconsultant in its proposal. Since participating in the proposal process, certain
AECOM employees involved in the proposal have left AECOM and are now employed by Logan
Simpson Design.
To date, AECOM has not entered into a subconsulting agreement with Fisher/Resnick. This letter is
to inform you that AECOM does not object to Fisher/Resnick subcontracting with Logan Simpson
Design for the proposed subconsulling services,
If you have any further questions, please contact me at (303)308.3515.
Sincerely; _-"�
Denise Anderson
Director of Operations
POD DSP Southwest Mountain
Steven B. Fisher, Ph. D.
Economist
July 12, 2012
Suzette Mallette
Interim Executive Director
North Front Range Metropolitan Planning Organization
Dear Suzette:
I request that we change our subcontractors from AECOM to Logan Simpson Design. They will do the
subarea plans as described in our proposal. The attached letter indicates that AECOM does not object
to this change.
Very truly yours,
Steven B. Fisher,
PhD
Steven B. Fisher, PhD
Economist
EXHIBIT B
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL
AND
Steven B. Fisher, Ph.D.
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee (time and reimbursable direct costs) not to exceed:
Project Description:
Scope of Services:
Acceptance
Contractor agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Contractor Services
Agreement between the parties. In the event of
a conflict between or ambiguity in the terms of
the Professional Services Agreement and this
work order (including the attached forms) the
Professional Services Agreement shall control.
Contra or
By:
Date:? 2-
The attached forms consisting of _ (_) pages
User
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
THE NORTH FRONT RANGE
TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL
By:
EXHIBIT C
COMPENSATION RATES
Budget
1. Cost of effort in the NFRMPO modeling area that currently includes 4 subareas.
Fisher
Resnick
Meighen
Smith
Labor
Expenses
Total
Task
$ 150.00
$150.00
$193.84
$ 69.94
Task 1. Regional forecast and subarea control
45
45
32
32
$21,941
$ 500
$ 22,4
Task 2. The Population and Household Demographic Forecast
24
24
20
48
$14,434
$ 500
$14,S
Task 3. Model Documentation
12
12
12
12
$ 6,765
$ 150
$ 6,S
Task 4. Task Force meetings
18
18
9
3
$ 7,354
$ 500
$ 7,E
Total
99
99
73
95
$5 4495
2. Cost of the effort in the nonattainment area in Weld and Larimer Counties.
Fisher
Resnick
Meighen
Smith
Labor
Expenses
Total
Task
$ 150.00
$150.00
$193.94
$ 69.94
Task 1. Regional forecast and subarea control
16
16
16
16
$ 9,020
$ 250
$ 9,2
Task 2. The Population and Household Demographic Forecast
12
12
16
44
$ 9,779
$ 250
$10,C
Task 3. Model Documentation
4
4
4
12
$ 2,815
$ 75
$ 2,E
Task 4. Task Force meetings
6
6
3
3
$ 2,591
$ 250
$ 2,E
Total
38
38
39
75
$24,205
1
EXHIBIT D - Federal Patent and Rights in Data
37 C.F.R. Part 401, 49 C.F.R. Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, § 5,
but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by
Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's
purposes for awarding research grants. This model clause, with larger rights, as a standard, is
proposed with the understanding that this standard could be modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
A. Rights in Data.
(1) The term "subject data" means recorded information, whether or not copyrighted, that is
delivered or specified to be delivered under this Agreement. The term includes graphic or
pictorial delineation in media such as drawings or photographs; text in specifications or related
performance or design -type documents; machine forms such as punched cards, magnetic tape, or
computer memory printouts; and information retained in computer memory. Examples include,
but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item identifications,
and related information. The term "subject data" does not include financial reports, cost
analyses, and similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of
the contract to which this Attachment has been added:
(a) Except for its own internal use, Contractor may not publish or reproduce subject data in
whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without
the written consent of the Federal Government, until such time as the Federal Government may
have either released or approved the release of such data to the public; this restriction on
publication, however, does not apply to any contract with an academic institution.
(b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government
reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use, for "Federal Government purposes," any subject data or
copyright described in subsections (2)(b)I and (2)(b)2 below. As used in the previous sentence,
"for Federal Government purposes," means use only for the direct purposes of the Federal
Government. Without the copyright owner's consent, the Federal Government may not extend
its Federal license to any other party.
1. Any subject data developed under this Agreement, whether or not a copyright has been
obtained: and
2. Any rights of copyright purchased by Contractor using Federal assistance in whole or in
part provided by FTA.
of termination shall state the time period in which cure is permitted and other appropriate
conditions. If Contractor fails to remedy to the MPO's satisfaction the breach or default or any
of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by
Contractor of written notice from the MPO setting forth the nature of said breach or default, the
MPO may terminate the Agreement without any further obligation to Contractor and seek
damages, may treat the Agreement as continuing and require specific performance, or may avail
itself of any other remedy at law or equity. If the MPO commences legal or equitable actions
against Contractor, Contractor shall be liable to the MPO for the MPO's reasonable attorney fees
and costs incurred because of the default. Any such termination for default shall not in any way
operate to preclude the MPO from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
7. Waiver of Remedies for any Breach. If the MPO elects to waive its remedies for
any breach by Contractor of any covenant, term or condition of this Agreement, such waiver by
the MPO shall not limit the MPO's remedies for any succeeding breach of that or of any other
term, covenant, or condition of this Agreement.
8. Responsibility. Contractor shall be responsible for the Contractor quality,
technical accuracy, timely completion and the coordination of all services rendered by the
Contractor, including but not limited to designs, plans, reports, specifications, and drawings and
shall, without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies.
9. Indemnification. Contractor shall indemnify, hold harmless and defend the MPO
and its representatives, officers, employees, agents, and contractors from and against all
liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or
judgments, including, without limitation, reasonable attorney fees, arising from or in any way
connected with injury to or the death of any person or physical damage to any property resulting
from any act, omission, condition, or other matter related to this Agreement.
10. Insurance. Contractor shall maintain commercial general liability insurance in the
amount of $500,000 combined single limits, and errors and omissions insurance in the amount of
$1,000,000.
11. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the MPO agrees to pay Contractor on a time and reimbursable direct cost basis
designated in Exhibit C. attached hereto and incorporated herein by this reference. Monthly
invoices are required and will include a description of services performed, along with number of
hours and stated rates per hour. Supporting documentation shall also be submitted for any
reimbursable direct costs including that of the subcontractor(s). The amounts of all such billings
shall be based upon the Contractor's MPO-verified progress in completing the services to be
performed pursuant to the Scope of Services on each Task and upon approval of the Contractor's
direct reimbursable expenses. Final payment shall be made following acceptance of the work by
the MPO.
12. Records and Reports. The MPO and Contractor shall maintain all books, records,
and other documentation pertaining to the Scope of Services and necessary to completely
(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, Contractor performing experimental, developmental, or
research work required by this Agreement agrees to permit FTA to make available to the public,
either FTA's license in the copyright to any subject data developed in the course of that contract,
or a copy of the subject data first produced under the contract for which a copyright has not been
obtained. If the experimental, developmental, or research work, which is the subject of the
underlying contract, is not completed for any reason whatsoever, all data developed under that
contract shall become subject data as defined in subsection (a) of this clause and shall be
delivered as the Federal Government may direct. This subsection (c), however, does not apply to
adaptations of automatic data processing equipment or programs for 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 MPO and
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 MPO 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 MPO nor 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 herein shall imply a license to the Federal Govemment 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 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 Contractor identifies that data in writing
at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, 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 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 MPO and Contractor agree to take the necessary actions to provide, through
FTA, those rights in that invention due the Federal Government as described in U.S. Department
of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.
Part 401.
(4) 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.
B. Patent Rights:
(1) If any invention, improvement, or discovery is conceived or first actually reduced to
practice in the course of or under this Agreement, and that invention, improvement, or
discovery is patentable under the laws of the United States of America or any foreign country,
Contractor agrees to take actions necessary to provide immediate notice and a detailed report to
the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of Contractor's status (a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education,
individual), Contractor agrees to take the necessary actions to provide, through FTA, those
rights in that invention due the Federal Government as described in U.S. Department of
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.
Part 401.
(3) Contractor 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.
EXHIBIT D
G\a a PL'\7I■ WINININ111011 MOM
I, SJP�U tli FS 4-PV—, swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States. or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
2
Signature Date
INTERNAL USE ONLY Valid forms of identification
q--- current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
P--- current Colorado identification card
q---U.S. military card or dependent identification card
q---U.S. coast guard merchant mariner card
q--- Native American tribal document
The following forms of identification may be accepted through February 28, 2007'
q --- original birth certificate from any state of the United States
q --- certificate verifying naturalized status by U.S. with photo and raised seal
T --- certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
P --- order of adoption by a U.S. court with seal of certification
T --- valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL,
MD, Ml, NE, NM, NC, OR, TN, TX, UT, VT and WI
7---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
"A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
substantiate all costs incurred and billed to the MPO during the term of this Agreement for a
period of three (3) years from the date of final payment under the terms of this Agreement.
These records shall be made available for inspection and audit to any state or federal authority
authorized to inspect such records and copies thereof shall be furnished at the expense of
Contractor, if so requested.
13. Ownership of Work Product. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by Contractor shall become the sole
property of the MPO, which shall have the royalty -free, nonexclusive and irrevocable right to
reproduce, publish, or otherwise use and authorize others to use all such materials for authorized
govermnent purposes. Other entities that may reproduce, publish, or otherwise use the designs,
plans, reports, specifications, drawings, and other services rendered by Contractor include but are
not limited to the Colorado Department of Transportation ("CDOT"), the Federal Transportation
Administration ("FTA"), and the Federal Highway Administration ("FHWA").
14. MPO Representative. The MPO shall designate, prior to commencement of work,
its project representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the MPO Representative.
15. Project Documents. Upon conclusion of the project and before final payment, the
Contractor shall provide the MPO with reproducible documents of the project containing
accurate information on the project as designed. Documents shall be of archival quality, and also
available in an electronic format, in an agreed upon format.
16. Monthly Report. Commencing at the end of the calendar month following the
date of execution of this Agreement and every calendar month end thereafter, Contractor shall
provide the MPO with a written report_of the status of the work. Failure to provide any required
monthly report may, at the option of the MPO, suspend the processing of any partial payment
request.
17. Independent Contractor. The services to be performed by Contractor are those of
an independent contractor and not of an employee of the MPO. The MPO shall not be
responsible for withholding any portion of Contractor's compensation hereunder for the payment
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
18. Personal Services. It is understood that the MPO enters into this Agreement
based on the special abilities of Contractor and that this Agreement shall be considered as an
agreement for personal services. Accordingly, Contractor shall neither assign any
responsibilities nor delegate any duties, nor create any subcontracts arising under this Agreement
without the prior written consent of the MPO.
19. Conflict of Interests and Prohibited Interests. The MPO and Contractor represent
that neither has any interests and shall not acquire any interests, directly or indirectly, that would
conflict in any manner or degree with the performance and services required to be performed
under this Agreement. The MPO and Contractor further represent that no member or delegate to
the Congress of the United States shall be admitted to any share or part of this Agreement or to
any benefit arising therefrom. In addition no employee, officer, or agent of the MPO shall
participate in selection or in the award or administration of this Agreement if a conflict of
interest, real or apparent, would be involved. Such conflict would arise when the employee,
officer or agent; any member of his immediate family; his or her partner; or an organization
which employs, or is about to employ any of the foregoing, has a financial or other interest in the
firm selected for award. The MPO's officers, employees, or agents shall neither solicit nor
accept gratuities, favors or anything of monetary value from contractors, potential contractors, or
parties of subagreements.
20. No Waiver. The MPO's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve the
Contractor of responsibility for the quality or technical accuracy of the work. The MPO's
approval or acceptance of, or payment for, any of the services shall not be construed to operate
as a waiver of any rights or benefits provided to the MPO under this Agreement.
21. No Government Obligation to Third Parties. The MPO and 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 Agreement and
shall not be subject to any obligations or liabilities to the MPO, Contractor, or any other party
(whether or not a party to this Agreement) pertaining to any matter resulting from this
Agreement.
22. Notices. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Contractor:
MPO:
With Copy to:
Steven B. Fisher, Ph.D.
THE NFRT & AQPC
City of Fort Collins
1860 W. Centennial Dr. #302
Attn: Suzette Mallette
Purchasing
Louisville, CO 80027
419 Canyon Avenue
PO Box 580
720-363-3545
Suite 300
Ft Collins. CO 80522
Fort Collins. CO 80521
23. Incorporation of FTA Terms. This Agreement includes certain Standard Terms
and Conditions required by the Federal Department of Transportation ("DOT") and other federal
and state authorities, whether or not expressly set forth in this Agreement. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1 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.
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any of the
MPO requests, which would cause the MPO to be in violation of the FTA terms and conditions.
24. Grant Assurances and Federal Requirements. This Agreement involves the
expenditure of federal funds, which requires the MPO and Contractor at all times during the
execution of this Agreement to adhere to and comply with all applicable federal laws and
regulations, as they currently exist and may hereafter be amended, which are incorporated
herein by this reference as terms and conditions of this Agreement. A non -exhaustive list of
federal laws and regulations that may be applicable is included below. By signing this
Agreement, Contractor avers that it is his or her responsibility to be aware of the requirements
that may be imposed by the following federal laws and regulations, and others not listed, that he
or she is aware of any such requirements, and that he or she will comply with all applicable laws
and regulations.
(a) Laws and regulations prohibiting false claims and statements from being made to the
federal government, 31 U.S.C.A § 3801, et seq., 49 C.F.R. Part 31, and 18 U.S.C.A. §
1001; 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.
(b) 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.
(c) 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.
(d.) Federal privacy law, 5 U.S.C.A. § 552;
25. Civil Rights. Nondiscrimination and equal employment opportunity laws in
accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.0 § 2000d; § 303 of the
Age Discrimination Act of 1975, as amended, 42 U.S.0 § 6102; § 202 of the Americans with
Disabilities Act of 1990, 42 U.S.0 § 12132 ("ADA"); 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.
(a) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(1) 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
sec., (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.
(2) Acme - In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit
law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition,
the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) 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.
(b) 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.
(c ) Mandatory standards and policies relating to energy efficiency that are contained in
the state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act, 42 U.S.C.A. § 6201.
(d) Federal Changes - Contractor shall at all times comply with all applicable ETA
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.
26. DISADVANTAGED BUSINESS ENTERPRISE (DBE). This Agreement 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%. A separate contract goal has not been established for this procurement.
(a) 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 the MPO deems appropriate. Each
subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
(b ) The successful Contractor will be required to report its DBE participation obtained
through race -neutral means throughout the period of performance.
(c ) 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 MPO.
(d) The contractor must promptly notify the MPO 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 terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent of the MPO.
27. Suspension and Debarment. This Agreement 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.
(a) 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.
(b ) By signing and submitting its bid or proposal, the Contractor 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.
28. Binding Effect. This Agreement, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
29. Governing Law. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement.
30. Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
31. Prohibition against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the
delivery of a specific end product other than reports that are merely incidental to the
performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor
represents and agrees that:
(a) As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal
alien; and
2. Contractor has participated or attempted to participate in the basic
pilot employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of Homeland
Security (the "Basic Pilot Program") in order to confirm the employment
eligibility of all newly hired employees.
(b) Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform
work under this Agreement.
(c) Contractor shall continue to apply to participate in the Basic Pilot Program
and shall in writing verify same every three (3) calendar months thereafter, until
Contractor is'accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
(d) Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
(e) If Contractor obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the MPO within three days that
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the illegal
alien; except that Contractor shall not terminate the contract with the
subcontractor if during such three days the. subcontractor provides
information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
(f) Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department') made in the course of
an investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
(g) If Contractor violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102. C.R.S. the MPO may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual and consequential damages to the MPO arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
(h) The MPO will notify the Office of the Secretary of State if Contractor
violates this provision of this Agreement and the MPO terminates the Agreement
for such breach.
32. Special Provisions. Special provisions or conditions relating to federal patent law
and rights in data that are applicable to this Agreement are set forth in Exhibit D,
attached hereto and incorporated herein by this reference.