HomeMy WebLinkAboutRFP - P1001 WEBSITE DEVELOPMENT NFRMPOAdministrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707
www.fcgov.com
REQUEST FOR PROPOSAL
P1001
Website Development-NFRMPO
The City of Fort Collins on behalf of the North Front Range Metropolitan Planning Organization
(NFRMPO) is accepting written proposals from qualified firms. Written proposals, four (4) will
be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor,
Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), October
27, 2005. Reference Proposal No. P1001. 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.
Questions concerning the scope of the project should be directed to John Daggett, at (970)
224-6190.
Questions regarding proposals submittal or process should be directed to David Carey, C.P.M.,
Buyer, at (970) 416-2191.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
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
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Request for Proposal
P1001
Website Development -NFRMPO
Project Description
Background:
The North Front Range Metropolitan Planning Organization (NFRMPO) is a voluntary
association of regional governments with the primary mission of developing and coordinating
strategies that address the issues of air quality and transportation in the region. Member
governments include Berthoud, Evans, Fort Collins, Garden City, Greeley, Timnath, LaSalle,
Loveland, Windsor, Larimer County, and Weld County, as well as representatives from the
Colorado Department of Transportation, the Colorado Department of Health and Environment,
and the state Transportation Commission.
Over the past decade, the NFRT&AQPC has developed rideshare programs to serve the
traveling public and reduce the use of the single-occupant vehicle. The regional programs
serving the traveling public are identified as the SmartTrips Program and include:
SmartTrips.org, carpool matching assistance, and the VanGoâ„¢ vanpool program.
The NFRMPO has two primary goals: 1) to increase the use of rideshare services for all trip
purposes and 2) to coordinate its activities regionally.
Contract Terms:
This contract is a work order contract (on-call services). The contract length is for one (1) year
with up to four (4) one-year renewals.
Reason for the Request for Proposal:
The NFRMPO will hire a full-service web development firm as an extension of MPO
(SmartTrips) staff.
Scope of Work:
The successful firm must demonstrate the ability to perform the following services under a work
order contract and project-related scopes of work as determined by the NFRMPO including but
not limited to:
1. Provide web design and ongoing website development services for existing websites,
http://www.smarttrips.org and http://www.nfrmpo.org that is consistent with advertising,
outreach, events, and other activities used in implementing the basic rideshare
marketing plan and outreach efforts
2. Integrate the needs of local and regional users of the websites and local and regional
travel demand management programs under the direction of the North Front Range
MPO staff
3. Provide database management services for the MySmartTrips database functions found
on the http://www.smarttrips.org website
4. Provide database integration services for the MySmartTrips database functions found on
the http://www.smarttrips.org website with both local databases and the carpool/vanpool
database that provide rideshare matching services to SmartTrips.org customers
5. Make ongoing and one-time functional improvements to the http://www.smarttrips.org
and http://www.nfrmpo.org websites
6. Provide website e-commerce solutions for fare collection and special event ticketing that
will include, but may not be limited to one-time fare payments, ongoing automated fare
payments, and special event ticketing/payments
7. Perform other website support services as required working with a web hosting company
and a rideshare matching company
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Tentative Schedule:
Proposals Due: October 27, 2005
Written Proposal Review Complete: November 11, 2005
Interview Top Ranked Firms: Week of November 28, 2005
Commence Work: December 15, 2005
Submissions:
Four (4) copies of the written proposal should be submitted and include the qualifications and
experience of the firm to perform the above services.
Agreement:
Successful firm will be expected to sign NFRMPO Professional Services Agreement (Work
Order Type). Sample attached.
Review and Assessment:
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION
STANDARD
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as
required by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Work Hours
Do the proposed cost and work hours compare
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
3
Reference evaluation (Top Ranked Firm):
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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PROFESSIONAL (WORK ORDER) SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of __________________,
2005, by and between THE NORTH FRONT RANGE TRANSPORTATION AND AIR
QUALITY PLANNING COUNCIL (the "MPO") and ________________, ("Professional").
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The scope of services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule stated on each Work
Order, a sample of which is attached hereto as Exhibit A and incorporated herein by this
reference.
2. Time. The services to be performed pursuant to this Agreement shall be initiated
as specified on each Work Order. 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 (date), and shall continue in full force
and effect until (date), unless terminated sooner as herein provided. In addition, at the option of
the MPO, the Agreement may be extended for additional one year periods not to exceed ____ (_)
additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties
and may not exceed the Denver-Boulder CPI-U as published by the Colorado State Planning and
Budget Office. Written notice of renewal shall be provided to Professional and mailed no later
than ninety (90) days prior to contract end.
4. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default, and this
Agreement may be terminated.
5. Early Termination by MPO. Notwithstanding the time periods contained herein,
the MPO may terminate this Agreement at any time for the MPO's convenience or because of the
failure of Professional to fulfill the contract obligations. The MPO shall terminate by providing
at least fifteen (15) days prior written notice of termination by delivering to Professional a notice
of termination specifying the nature, extent, and effective date of the termination. Upon receipt
of the notice, Professional shall immediately discontinue all services affected (unless the notice
directs otherwise) and deliver to the MPO all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process. If the termination is for convenience, the MPO shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services. If the termination is for failure of Professional to fulfill the contract obligations, the
MPO may complete the work and Professional shall be liable for any additional cost incurred by
the MPO. If, after termination for failure to fulfill contract obligations, it is determined that
Professional was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the MPO.
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6. Opportunity to Cure. In the case of a breach or default, the MPO may, in its sole
discretion, allow Professional a period of time in which to cure the defect. In such case, the
notice of termination shall state the time period in which cure is permitted and other appropriate
conditions. If Professional fails to remedy to the MPO's satisfaction the breach or default or any
of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by
Professional of written notice from the MPO setting forth the nature of said breach or default, the
MPO may terminate the Agreement without any further obligation to Professional and seek
damages, may treat the Agreement as continuing and require specific performance, or may avail
itself of any other remedy at law or equity. If the MPO commences legal or equitable actions
against Professional, Professional shall be liable to the MPO for the MPO's reasonable attorney
fees and costs incurred because of the default. Any such termination for default shall not in any
way operate to preclude the MPO from also pursuing all available remedies against Professional
and its sureties for said breach or default.
7. Waiver of Remedies for any Breach. If the MPO elects to waive its remedies for
any breach by Professional of any covenant, term or condition of this Agreement, such waiver by
the MPO shall not limit the MPO's remedies for any succeeding breach of that or of any other
term, covenant, or condition of this Agreement.
8. Responsibility. Professional shall be responsible for the professional quality,
technical accuracy, timely completion and the coordination of all services rendered by the
Professional, including but not limited to designs, plans, reports, specifications, and drawings
and shall, without additional compensation, promptly remedy and correct any errors, omissions,
or other deficiencies.
9. Indemnification. Professional shall indemnify, hold harmless and defend the
MPO and its representatives, officers, employees, agents, and contractors from and against all
liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or
judgments, including, without limitation, reasonable attorney fees, arising from or in any way
connected with injury to or the death of any person or physical damage to any property resulting
from any act, omission, condition, or other matter related to this Agreement.
10. Insurance. Professional shall maintain commercial general liability insurance in
the amount of $500,000 combined single limits, and errors and omissions insurance in the
amount of $1,000,000.
11. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the MPO agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit B, attached hereto and incorporated herein by this reference. At the
election of the MPO, each Work Order may contain a maximum fee, which shall be negotiated
by the parties hereto for each such Work Order. Monthly invoices are required and shall include
a description of services performed, along with number of hours and stated rates per hour.
Supporting documentation shall also be submitted for any reimbursable direct costs. The
amounts of all such billings shall be based upon the Professional's MPO-verified progress in
completing the services to be performed pursuant to the Scope of Services on each Work Order
and upon approval of the Professional's direct reimbursable expenses. Final payment shall be
made following acceptance of the work by the MPO.
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12. Records and Reports. The MPO and Professional shall maintain all books,
records, and other documentation pertaining to the Scope of Services and necessary to
completely substantiate all costs incurred and billed to the MPO during the term of this
Agreement for a period of three (3) years from the date of final payment under the terms of this
Agreement. These records shall be made available for inspection and audit to any state or
federal authority authorized to inspect such records and copies thereof shall be furnished at the
expense of Professional, if so requested.
13. Ownership of Work Product. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by Professional shall become the sole
property of the MPO, which shall have the royalty-free, nonexclusive and irrevocable right to
reproduce, publish, or otherwise use and authorize others to use all such materials for authorized
government purposes. Other entities that may reproduce, publish, or otherwise use the designs,
plans, reports, specifications, drawings, and other services rendered by Professional include but
are not limited to the Colorado Department of Transportation ("CDOT"), the Federal
Transportation Administration ("FTA"), and the Federal Highway Administration ("FHWA").
14. MPO Representative. The MPO shall designate, prior to commencement of work,
its project representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the MPO Representative.
15. Project Documents. Upon conclusion of the project and before final payment, the
Professional shall provide the MPO with reproducible documents of the project containing
accurate information on the project as designed. Documents shall be of archival quality, and also
available in an electronic format, in an agreed upon format.
16. Monthly Report. Commencing at the end of the calendar month following the
date of execution of this Agreement and every calendar month end thereafter, Professional shall
provide the MPO with a written report of the status of the work. Failure to provide any required
monthly report may, at the option of the MPO, suspend the processing of any partial payment
request.
17. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the MPO. The MPO shall not be
responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
18. Personal Services. It is understood that the MPO enters into this Agreement
based on the special abilities of Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, Professional shall neither assign any
responsibilities nor delegate any duties, nor create any subcontracts arising under this Agreement
without the prior written consent of the MPO.
19. Conflict of Interests and Prohibited Interests. The MPO and Professional
represent that neither has any interests and shall not acquire any interests, directly or indirectly,
that would conflict in any manner or degree with the performance and services required to be
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performed under this Agreement. The MPO and Professional further represent that no member
or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefit arising therefrom. In addition no employee, officer, or agent of the
MPO shall participate in selection or in the award or administration of this Agreement if a
conflict of interest, real or apparent, would be involved. Such conflict would arise when the
employee, officer or agent; any member of his immediate family; his or her partner; or an
organization which employs, or is about to employ any of the foregoing, has a financial or other
interest in the firm selected for award. The MPO's officers, employees, or agents shall neither
solicit nor accept gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties of subagreements.
20. No Waiver. The MPO's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve the
Professional of responsibility for the quality or technical accuracy of the work. The MPO's
approval or acceptance of, or payment for, any of the services shall not be construed to operate
as a waiver of any rights or benefits provided to the MPO under this Agreement.
21. No Government Obligation to Third Parties. The MPO and Professional
acknowledge and agree that, notwithstanding any concurrence by the federal government in or
approval of the solicitation or award of the underlying contract, absent the express written
consent by the federal government, the federal government is not a party to this Agreement and
shall not be subject to any obligations or liabilities to the MPO, Professional, or any other party
(whether or not a party to this Agreement) pertaining to any matter resulting from this
Agreement.
22. Notices. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Professional:
___________________
Attn: _______________
Address_____________
City, ST Zip___________
MPO:
THE NFRT & AQPC
Attn: _______________
235 Mathews St.
Fort Collins, CO 80524
With Copy to:
City of Fort Collins
Purchasing
PO Box 580
Ft Collins, CO 80522
23. Incorporation of FTA Terms. This Agreement includes certain Standard Terms
and Conditions required by the federal Department of Transportation ("DOT") and other federal
and state authorities, whether or not expressly set forth in this Agreement. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. Professional shall not perform any act, fail to perform any act, or
refuse to comply with any the MPO requests which would cause the MPO to be in violation of
the FTA terms and conditions.
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24. Grant Assurances and Federal Requirements. This Agreement involves the
expenditure of federal funds, which requires the MPO and Professional at all times during the
execution of this Agreement to adhere to and comply with all applicable federal laws and
regulations, as they currently exist and may hereafter be amended, which are incorporated
herein by this reference as terms and conditions of this Agreement. A non-exhaustive list of
federal laws and regulations that may be applicable is included below. By signing this
Agreement, Professional avers that it is his or her responsibility to be aware of the requirements
that may be imposed by the following federal laws and regulations, and others not listed, that he
or she is aware of any such requirements, and that he or she will comply with all applicable laws
and regulations.
a. Laws and regulations prohibiting false claims and statements from being
made to the federal government, 31 U.S.C.A § 3801, et seq., 49 C.F.R. Part 31, and 18
U.S.C.A. § 1001;
b. Federal privacy law, 5 U.S.C.A. § 552;
c. Nondiscrimination and equal employment opportunity laws in accordance
with Title VI of the Civil Rights Act, 42 U.S.C.A. § 2000d; § 303 of the Age
Discrimination Act of 1975, 42 U.S.C.A. § 6102; § 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C.A. § 12132 ("ADA"); and Federal transit law, 49
U.S.C.A. § 5332;
d. Mandatory standards and policies relating to energy efficiency that are
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act, 42 U.S.C.A. § 6201.
25. Binding Effect. This Agreement, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
26. Governing Law. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement.
27. Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
28. 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 C, attached hereto
and incorporated herein by this reference.
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THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL (MPO)
_________________________________
Cliff Davidson, Executive Director
PROFESSIONAL:
By: __________________________________
Title: _______________________________
STATE OF COLORADO )
) ss.
COUNTY OF ______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
_____ day of ______________, 2005, by _______________ [as ___________ of ___________.]
My commission expires: _____________
(S E A L)
____________________________________
Notary Public
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL
AND
_____________________________________________
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 _________________________________________
User
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
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.
Professional
By:_________________________________
Date:_______________________________
The attached forms consisting of ___ (_) pages
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:____________________________________
Date:__________________________________
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EXHIBIT B
[INSERT COMPENSATION RATES HERE]
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EXHIBIT C - Federal Patent and Rights in Data
37 C.F.R. Part 401,49 C.F.R. Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, § 5,
but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by
Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's
purposes for awarding research grants. This model clause, with larger rights ,as a standard, is
proposed with the understanding that this standard could be modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.
A. Rights in Data.
(1) The term "subject data" means recorded information, whether or not copyrighted, that is
delivered or specified to be delivered under this Agreement. The term includes graphic or
pictorial delineation in media such as drawings or photographs; text in specifications or related
performance or design-type documents; machine forms such as punched cards, magnetic tape, or
computer memory printouts; and information retained in computer memory. Examples include,
but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item identifications,
and related information. The term "subject data" does not include financial reports, cost
analyses, and similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of
the contract to which this Attachment has been added:
(a) Except for its own internal use, Professional may not publish or reproduce subject data in
whole or in part, or in any manner or form, nor may Professional authorize others to do so,
without the written consent of the Federal Government, until such time as the Federal
Government may have either released or approved the release of such data to the public; this
restriction on publication, however, does not apply to any contract with an academic institution.
(b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government
reserves a royalty-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)l 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 Professional using Federal assistance in whole or in
part provided by FTA.
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(c) When FTA awards Federal assistance for experimental, developmental, or research work,
it is FTA's general intention to increase transportation knowledge available to the public, rather
than to restrict the benefits resulting from the work to participants in that work. Therefore,
unless FTA determines otherwise, Professional performing experimental, developmental, or
research work required by this Agreement agrees to permit FTA to make available to the public,
either FTA's license in the copyright to any subject data developed in the course of that contract,
or a copy of the subject data first produced under the contract for which a copyright has not been
obtained. If the experimental, developmental, or research work, which is the subject of the
underlying contract, is not completed for any reason whatsoever, all data developed under that
contract shall become subject data as defined in subsection (a) of this clause and shall be
delivered as the Federal Government may direct. This subsection (c), however, does not apply to
adaptations of automatic data processing equipment or programs for Professional's use whose
costs are financed in whole or in part with Federal assistance provided by FTA for transportation
capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the MPO and
Professional agree to indemnify, save, and hold harmless the Federal Government, its officers,
agents, and employees acting within the scope of their official duties against any liability,
including costs and expenses, resulting from any willful or intentional violation by the MPO or
Professional of proprietary rights, copyrights, or right of privacy, arising out of the publication,
translation, reproduction, delivery, use, or disposition of any data furnished under that contract.
Neither the MPO nor Professional shall be required to indemnify the Federal Government for
any such liability arising out of the wrongful act of any employee, official, or agents of the
Federal Government.
(e) Nothing contained herein shall imply a license to the Federal Government under any
patent or be construed as affecting the scope of any license or other right otherwise granted to the
Federal Government under any patent.
(f) Data developed by Professional and financed entirely without using Federal assistance
provided by the Federal 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 Professional identifies that data in
writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, Professional agrees to include these requirements in
each subcontract for experimental, developmental, or research work financed in whole or in part
with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of Professional's status (i.e., a large business, small business, state government or
state instrumentality, local government, nonprofit organization, institution of higher education,
individual, etc.), the MPO and Professional agree to take the 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.
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(4) Professional agrees to include these requirements in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance provided
by FTA.
B. Patent Rights:
(1) If any invention, improvement, or discovery is conceived or first actually reduced to
practice in the course of or under this Agreement, and that invention, improvement, or
discovery is patentable under the laws of the United States of America or any foreign country,
Professional agrees to take actions necessary to provide immediate notice and a detailed report
to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of Professional's status (a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education,
individual), Professional agrees to take the necessary actions to provide, through FTA, those
rights in that invention due the Federal Government as described in U.S. Department of
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.
Part 401.
(3) Professional agrees to include the requirements of this clause in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by FTA.
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707
www.fcgov.com
REQUEST FOR PROPOSAL
P1001
Website Development-NFRMPO
The City of Fort Collins on behalf of the North Front Range Metropolitan Planning Organization
(NFRMPO) is accepting written proposals from qualified firms. Written proposals, four (4) will
be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor,
Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), October
27, 2005. Reference Proposal No. P1001. 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.
Questions concerning the scope of the project should be directed to John Daggett, at (970)
224-6190.
Questions regarding proposals submittal or process should be directed to David Carey, C.P.M.,
Buyer, at (970) 416-2191.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
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