HomeMy WebLinkAboutRFP - 9178 WEST ELIZABETH CORRIDOR CONCEPT DESIGNRFP 9178 West Elizabeth Corridor Concept Design Page 1 of 45
REQUEST FOR PROPOSAL
9178 WEST ELIZABETH CORRIDOR CONCEPT DESIGN
RFP DUE: 3:00 PM MST (our clock), September 30, 2020
The City of Fort Collins is requesting proposals from qualified firms (the Professional) to provide
the City with preliminary engineering design (30% design – Field Inspection Review (FIR))
defining right-of-way acquisitions, drainage and utility studies, traffic analysis and public
outreach coordination for the West Elizabeth Corridor Concept Design. The successful
Professional will identify and address all the tasks, issues and deliverables in their proposal.
Prospective teams must possess the expertise and experience necessary to complete the
project on time and within the established budget, and be motivated to work with City staff and
all other affected interests to accomplish the goals and objectives associated with this project.
As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted
online through the Rocky Mountain E-Purchasing System (RMEPS) at
http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to
submit proposals through RMEPS. Proposals not submitted by the designated Opening Date
and Time will not be accepted by the system.
A pre-proposal meeting will be held at 2:00 PM MST on September 9, 2020. The pre-
proposal meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the
below link into your browser for access to the meeting. Please be prepared to record
your name, firm name, and email address in the comments section of the meeting and
mute your microphone: https://teams.microsoft.com/l/meetup-
join/19%3ameeting_ZjE3OTVkYzctYTlkZC00ZjY0LTg2Y2QtNGUwZDJhMjAzNmUx%40thre
ad.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-
6d1a27b66660%22%2c%22Oid%22%3a%224765df56-fd3a-4dc2-a64c-
f90540a0aeba%22%7d
Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and
conference ID. This option will only allow you to hear the audio presentation.
Call-in number: (970) 628-0892
Conference ID: 900 846 736#
All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at
edale@fcgov.com, with a copy to Brad Buckman, Project Manager at
bbuckman@fcgov.com, no later than 5:00 PM MST (our clock) on September 18, 2020.
Please format your e-mail to include: RFP 9178 West Elizabeth Corridor Concept Design in the
subject line. Questions received after this deadline may not be answered. Responses to all
questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by Bidnet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9178 West Elizabeth Corridor Concept Design Page 2 of 45
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party vendors and their subcontractors at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
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.
RFP 9178 West Elizabeth Corridor Concept Design Page 3 of 45
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.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9178 West Elizabeth Corridor Concept Design Page 4 of 45
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins Engineering Department is requesting proposals from consulting
firms or teams (the Professional) to provide the City with preliminary engineering design
(30% design – FIR), defining project footprint, environmental review, traffic analysis,
drainage and utility studies to include utility alignment / sizing, and public outreach
coordination for the West Elizabeth Corridor Concept Design. The design phase shall
be extendable, at the City’s discretion, through final design and construction with the
option of using an alternative delivery model / method for procurement of a general
contractor for final project delivery. The successful firm or team will identify and address
all the tasks, issues and deliverables in their proposal. Prospective teams must possess
the expertise and experience necessary to complete the project on time and within the
established budget and be motivated to work with City staff and all other affected
interests to accomplish the goals and objectives associated with this project. Proposing
firms should have the ability to proceed to final design in a typical design-bid-build format
as well as alternative project delivery methods including a CM/GC procurement. At this
point the City does not have a preferred project delivery method.
The preliminary engineering design is funded with a combination of state and local
funds. Funding to complete the design has not been secured but may include grant
funding from the Federal Transit Administration. Collaboration with various City
departments as well as Colorado Department of Transportation, Colorado State
University (CSU), private utility and communication companies and adjacent land
development and property owners will be involved in the coordination / design process.
Because this solicitation will be used for federally funded projects, proposals
must NOT include pricing. The City will follow Brooks Act procedures and
negotiate direct labor and overhead rates with the most qualified Professional.
Proposals that contain pricing will be deemed non-responsive and rejected.
A Disadvantaged Business Enterprise goal has not been established for this
project.
B. Background
The West Elizabeth Corridor provides a critical transportation connection for a growing
business district and multi-family housing, serving as a link for students, faculty and staff
accessing the CSU Main and Foothills Campuses. Over 24,000 residents reside, and
20,000 jobs exist, within the corridor. The corridor accommodates a high level of transit
ridership, and is extensively traveled by vehicles, cyclists, and pedestrians. This design
has the intent of integrating current and proposed CSU multi-modal infrastructure into
the overall West Elizabeth Corridor. Additionally, this design will include improvements to
the transit system, enhanced facilities for pedestrians and bicyclists, improved traffic
safety, and will be in accordance with all City of Fort Collins and CSU master plans.
In 2016 the City of Fort Collins adopted the West Elizabeth Enhanced Travel Corridor
(ETC) Plan (https://www.fcgov.com/westelizabeth/). The vision established in the plan is
to construct an easily accessible and reliable multimodal corridor connecting CSU’s
Foothill Campus on the west and CSU’s Main Campus on the east, including a direct
RFP 9178 West Elizabeth Corridor Concept Design Page 5 of 45
connection to the existing north-south bus rapid transit (BRT) route, MAX. All modes of
travel will be accommodated along the West Elizabeth Corridor; however, the plan
prioritizes BRT, bicycling and walking.
BRT is a high-quality, bus-based transit system that delivers fast and efficient service.
Services may include dedicated lanes, busways, traffic signal priority, off-board fare
collection, elevated platforms and enhanced stations. Because BRT contains features
similar to a light rail or subway system, it is often considered more reliable, convenient,
and faster than regular bus services (Source: Federal Transit Administration (FTA)).
The City launched its first BRT route, MAX, in 2014, spanning five miles through the
heart of Fort Collins. Since the launch of MAX, ridership on the City’s public
transportation system (Transfort) has almost doubled to 4.4 million riders annually. The
addition of an east-west BRT route on West Elizabeth is identified as a priority in the
Transit Master Plan (adopted 2019). It is projected that the implementation of BRT
service along West Elizabeth will have a similar impact, considering the corridor is zoned
to include the highest density of student housing in the current service area.
Other design features planned for the corridor include bus stop islands which are
convenient, easily accessible, bus stops with enhanced amenities to improve patron
comfort and safety. These unique stops placed between the bus travel lane and bike
lane allow buses to stop in the travel lane, eliminating bus delays and minimizing
impacts to adjacent private property. Bus stop islands allow cyclists to pass to the right
of the passenger boarding area and have raised pedestrian crossings to minimize
conflicts between cyclists and pedestrians walking from the bus to the sidewalk. The
corridor will be well-integrated and well-connected with a focus on improving transit,
cycling and walking. The corridor will foster existing business as well as future infill and
redevelopment to accommodate the growing number and diversity of users in the
corridor, including students, families and seniors.
Key project goals include:
1. Enhance Safety and Mobility for All Modes of Travel
Existing Conditions:
1. The highest transit ridership in the Transfort service area with an average of
5,500 weekday trips.
2. High numbers of bicyclists and pedestrians – there are over 2,000 cyclists along
the corridor daily.
3. An average of 1 crash every 4 days.
4. Almost one-third of the corridor has been identified as low-comfort by
pedestrians.
5. For pedestrians many sections of sidewalk are uncomfortable, narrow, and
missing altogether. Over one-third of existing sidewalks are not ADA compliant,
posing significant challenges to persons using mobility devices. Additionally,
north-south crossings are difficult.
6. For cyclists there are challenging intersections, driveway conflicts, and
uncomfortable and inconsistent facilities.
7. In addition to transit and active modes, vehicular traffic is significant with over
4,400-18,000 average daily traffic (ADT)/day. There is perceived speeding, left
RFP 9178 West Elizabeth Corridor Concept Design Page 6 of 45
turns are challenging, conflicts with cyclist and pedestrians, and sight distance
issues.
8. The corridor cannot support the existing travel demands or anticipated growth as
the number of pedestrians, cyclists, transit riders, and drivers will continue to
increase.
What the project will accomplish:
1. Pedestrians will have access to consistent, high-comfort, ADA-compliant,
detached sidewalks; enhanced crossings and protected intersections; and green
colored pavement in conflict zones.
2. Cyclists will have access to consistent, high-comfort, protected or buffered bikes
lanes and have comfortable and easy to navigate intersections that could include
elements such as enhanced crossings, protected intersections, and/or green
colored pavement in conflict zones.
3. For transit users, bus stop islands will provide convenient, easily accessible
stops, with enhanced amenities to improve transit patron safety and comfort.
4. More people will use transit in lieu of driving. According to the American Public
Transportation Association’s (APTA) 2016 report The Hidden Transportation
Safety Solution: Public Transportation, crash risk is reduced by 90% when taking
public transit instead of driving.
5. Medians, center turn lanes, parkways, and roundabouts are recommended to
calm vehicular traffic and reduce conflict points between modes. Additionally,
locations with a crash history or low-comfort by pedestrians and bicyclists will be
improved. Vehicles will be physically separated from other modes with protected
or buffered bike lanes, separated sidewalks, and raised bus stops.
2. Maximize Transportation Investment/Network Connectivity Improvement
Existing Conditions:
Currently, there are four (4) fixed routes directly serving the West Elizabeth corridor with
additional connecting routes, including MAX. In 2016 bus routes in the corridor were
realigned for efficiency; however, high transit demand still results in overcrowded buses
and the need for trailer buses. MAX runs north-south adjacent to the corridor, but it does
not connect directly to other fixed routes within the corridor. The current annual ridership
on the four fixed routes in the corridor is 1.2 million. After MAX was implemented, the
City’s transit ridership grew from about 2.5 million in 2014 to 4.4 million in 2018.
There is also a lack of connectivity in the corridor among various modes. However,
improvements have occurred since the adoption of the West Elizabeth ETC Plan in 2016
such as the consolidation of bus routes, completion of a bicycling/pedestrian underpass
from West Elizbeth to CSU, and the addition of bicycle facilities and bicycle/pedestrian
crossings.
Mirroring the City’s growth trends, the number of people living in and travelling through
the corridor will continue to increase with the addition of housing, multiuse development
projects, and increased student enrollment. This will lead to additional congestion and
will negatively impact the safety and efficiency of all mobility users.
What the project will accomplish:
The infrastructure improvements and interconnection of modes in the corridor will lead to
enhanced safety and encourage more people to walk, bike, and use transit. Most
RFP 9178 West Elizabeth Corridor Concept Design Page 7 of 45
notably, the implementation of an east-west BRT connecting directly to the existing
north-south BRT will create a seamless high frequency transit system to support both
the existing and future transit demand. The City has one of the only transit systems in
the country where transit ridership is increasing. The transit mode share is projected to
triple over the next 20 years. Finally, implementing an east-west BRT will allow the City
to consolidate, reduce, or eliminate other routes in the corridor.
3. Provides Transportation Equity
Equitable access to City services and investments is a core goal of Fort Collins. This is
reflected in the recently adopted City Plan and Transit Master Plan
(https://ourcity.fcgov.com/cityplan/documents). Recognizing the role of transportation in
advancing social outcomes and equity must be a core consideration when deciding
where to make investments in transit and what form those investments should take.
One of the main outcomes of the Transit Master Plan is to transition to a high-frequency
system that includes BRT routes like West Elizabeth. Implementing this vision will
significantly increase access to high frequency transit for people living and working in
Fort Collins, including zero vehicle households, households experiencing poverty, and
limited proficiency households. The entire West Elizabeth corridor is below the median
household income (corridor $31k, Fort Collins $54k) and is inhabited mostly by students.
II. PROFESSIONAL SELECTION PROCESS AND PROJECT SCHEDULE
The following Milestones have been created and should be incorporated in the project
schedule unless determined not feasible. Proposing teams must explain their approach
and delivery strategy to ensure an efficient schedule. Professionals shall submit a
detailed project schedule outlining all phases of the project including critical milestone
dates. The City has listed anticipated dates for the Professional selection and Project
Schedule as noted below. Dates are tentative and should be used only for planning
purposes.
Consultant Selection Process
a. RFP Available to the Public September 2, 2020
b. Pre-Proposal Meeting September 9, 2020 @ 2:00 PM
c. Questions Deadline September 18, 2020 @ 5:00 PM
d. RFP Submittal Deadline September 30, 2020 @ 3:00 PM
e. Conduct Interviews and select Professional Week of October 19, 2020
Anticipated Project Schedule
a. Project Kick-off and final scoping September 2020
b. Project Survey Complete December 2020
c. Preliminary Utility Coord & Relocation Design December 2020
d. Conceptual Design Dec 2020 – Feb 2021
e. Environmental Clearance Dec 2020 – Mar 2021
f. Right of Way Acquisition Analysis February – July 2021
RFP 9178 West Elizabeth Corridor Concept Design Page 8 of 45
g. Preliminary (30%) Design February – August 2021
Professionals are asked to provide a schedule clearly indicating “critical path work items”
in their proposal response. Teams must explain their approach and strategy to ensuring
this schedule is met as well as their understanding of the challenges associated with this
project.
III. SCOPE OF WORK
The following is an outline of a general scope of work to achieve 30% design and does
not constitute the full scope of work required to complete the project. Additional tasks, if
deemed necessary by the Professional, can be added to the proposal to ensure
achievement of all project objectives.
The phases shown below are assumed at this time and may be modified once the
Professional is selected based on additional input. The Professional should add phases
that they deem necessary to the proposed scope of work and discuss any critical phases
in their proposal.
1. Scope of Work – Per Task
A. Project Kick-Off and Scoping Phase
City and CSU Tasks:
a. Provide Aerial Maps (City and CSU)
b. Provide Property Analysis Map – Ownership, property lines, relevant easements
and current tenants based upon title commitments (City and CSU)
c. Provide current and projected traffic volumes and turning movements at key
intersections in the corridor, and corridor crash data
Professional Tasks:
a. Provide existing topographic survey
b. Initiate subsurface utility engineering notification
c. Provide known subsurface utility information, including records research, physical
characteristics, and geophysical utility locations. Using this information create a
Utility Conflict Matrix
d. Produce mapping based upon information provided by the City
e. Coordination with Utility Companies to ensure accurate information is presented
f. Provide preliminary project impacts to the City for alternatives and provide input
to help choose the most effective alternative
B. Conceptual Design Phase
This phase includes the development of several alternatives to identify pedestrian and
bicycle improvements along the corridor, as well as other roadway and structure
improvements. Below is a list of assumed tasks at this time, but other tasks may be
required.
Professional tasks:
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a. Identify potential intersection improvements and determine benefit and impacts
b. Coordinate with active developments as required to incorporate plans and designs
C. Preliminary Engineering Phase (30% Design – FIR)
This Phase entails development of a preliminary engineering plan set. The following
design considerations shall be addressed:
a. Safety Improvements
b. Proposed Property Impacts
c. Thorough Utility Design, including utility relocations, storm sewer, water quality and
outfall location(s)
d. Pedestrian, bicycle, and transit facilities
e. Defining all necessary acquisitions (right-of-way, permanent easements, temporary
construction easements, etc.). The City Surveyor will prepare sketches and
descriptions for the City Council approval process for the Authorization to use
Eminent Domain. All acquisitions will follow the Uniform Act process and will be
handled by City Staff
f. Pavements investigation/coring and geotechnical boring logs for pavement design
recommendations
g. Landscaping and irrigation design incorporation
h. The project team will work with the City’s Art in Public Places program
The following activities shall be completed within this phase of the project. Work items
are categorized according to City and Professional tasks.
City Tasks:
a. Coordination with impacted businesses and residents regarding proposed
improvements
b. Facilitate coordination with City Utilities design and construction
c. Provide legal descriptions and exhibits for right-of-way (ROW), temporary
construction easement (TCE) and permanent easement acquisitions. The City will
handle all property negotiations; including value finding, appraisals, offers,
negotiations and closings.
Professional Tasks:
a. All tasks necessary to deliver Preliminary Engineering Design (30%) Plans,
Construction Specifications (including Standard Special Provisions and Project
Specific Special Provisions), quantity take-offs, bid tabulations and cost estimates.
Plans must be produced in accordance with Larimer County Urban Area Street
Standards (LCUASS) and CSU Facilities Planning, Design, and Construction
Standards. Plans, specs, quantity take-offs, bid tabulations and cost estimates will
be submitted to the City electronically. The Professional is fully responsible for
Quality Assurance and Quality Control (QA/QC) of the plan set.
b. Identify property impacts and extent of ROW and TCE needed. The Professional
shall prepare exhibits, legal and plat maps as required for all acquisition of right of
RFP 9178 West Elizabeth Corridor Concept Design Page 10 of 45
way and required easements will provide a digital copy (CAD format) of the line work
to the City of Fort Collins Survey Department for all proposed.
c. Development of a preliminary drainage report
d. Thorough Utility Design (see below for additional utility design requirements for
Subsurface Utility Engineering plans)
i. Coordinate with City Utility departments, including but not limited to:
Water/Wastewater, Stormwater, Light & Power, Fiber Optic, Traffic and
Connexion
ii. Coordinate with all private utilities potentially impacted by the
improvements
iii. Coordinate with CSU Utilities
iv. Determine extent and location of any utility relocations
v. Develop preliminary level stormwater improvement plans
vi. Consider relevant master drainage plans within the area
vii. Incorporate City Utility design/work into plans as necessary
e. Pavements investigation/coring and geotechnical boring logs
i. To include subsurface exploration (borings) with laboratory test results
ii. To include recommendations for Hot Mix Asphalt (HMA) and Portland
Cement Concrete (PCC) pavement sections
f. Develop landscape and irrigation plans
g. Attend and conduct progress meetings. Meeting minutes shall be developed and
provided by the Professional.
h. The City would like to encourage “real time reviews” when working with the
Professional. Design items can be submitted prior to the formal reviews in an effort
to make the process more time efficient.
Preliminary Engineering Phase (30% Design – FIR) Deliverables:
a. Preliminary engineering project schedule
b. Meeting minutes (to include regular meetings with CDOT)
c. Preliminary drainage report
d. Pavement design and geotechnical engineering report
e. Four (4) half size preliminary plan sets (Black and White, 11x17)
f. One (1) .pdf file of the plan set
g. One (1) digital copy of the design drawings (AutoCAD format)
h. One (1) electronic copy of preliminary project specification book
i. Project bid tab and engineer’s opinion of probable cost
j. Preliminary review meeting minutes and comment responses
k. Other deliverables as required by the City
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D. Subsurface Utility Engineering (SUE) Requirements
Due to Colorado State Law SB 18-167 regarding utility investigation during design, the
consultant (or sub-consultant) will be required to perform a Subsurface Utility
Engineering (SUE) plan in accordance with State law. This shall include a utility plan
developed to Quality Level B or better per ASCE standards and stamped by a licensed
Professional Engineer in the State of Colorado.
a. The Professional (or sub-consultant) shall have a thorough understanding of
subsurface utility engineering and associated standards and requirements
b. It is anticipated that final SUE plans will be delivered after 30% design, however,
preliminary work will likely be required during preliminary design. The same
Professional/sub-consultant should be used to complete the SUE plan.
c. The Professional shall provide plan sheets to be incorporated into the project plan
set, utility logs, memos, utility research, existing plans and as-builts, as well as other
information obtained and developed through the SUE process to the City.
E. Environmental and Historical Clearances
The project will be subject to all applicable environmental and historical clearances,
including flood plain permits and requirements. The Professional should address any
required and anticipated clearances needed before construction can occur as well as the
process and schedule to obtain necessary clearances as part of their proposal.
F. Public and Stakeholder Involvement
The City will develop and implement a Communication and Public Outreach Plan which
addresses public involvement and stakeholder coordination. The process will include
potentially affected interests such as City Council, multiple City departments, the City’s
Transportation Board, area property and business owners and bicycle / pedestrian
advocacy groups.
Professional tasks to support the City’s public and stakeholder involvement process
include:
a. Graphics production / reproduction
b. Attendance/participation at project open house events
c. Preparation of presentation materials
d. Attendance at public meetings
For proposal purposes, please plan on attending and providing graphical support for the
following:
a. One Public Open House Meeting
2. Deliverables – Per Discipline
A. Roadway Design
The design team shall prepare conceptual design of the West Elizabeth Corridor and
use the West Elizabeth Enhanced Travel Corridor (ETC) Plan
(https://www.fcgov.com/westelizabeth/) as a guide to developing the design. The design
of pedestrian, bicycle, and transit facilities coupled with the constrained right of way
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segments will be of utmost importance to address early in the conceptual design phase.
The vertical and horizontal geometry through several sections of built widening will set
some geometric controls. The team should develop and provide context sensitive
design approaches to complex problems and project constraints.
All work associated with the project must be in accordance with CDOT specifications and
Larimer County Urban Area Street Standards (LCUASS), unless otherwise approved by
the City. All plans must be prepared in CDOT format, and specifications must be written
in the format of the latest CDOT Standard Specifications for Road and Bridge
Construction. The team should provide all necessary elements of design to provide
engineered drawings, profiles, sections, details and specifications necessary for approval
by the City of Fort Collins and CDOT. Appropriate design level plans shall be submitted
for approval at the 30% design level (FIR).
The design team will be asked to provide Plans & Specifications and an Opinion of
Probable Construction Cost at the 30% (FIR) plan set submittal.
B. Geotechnical
Provide Geotechnical borings and a Geotechnical subsurface investigation report and
pavement design recommendations. Provide all necessary design for appropriate erosion
control and storm water management in accordance with the City of Fort Collins and
CDOT standards.
C. Traffic
Provide an evaluation of the options and recommend proposed future geometry to identify
operational and safety impacts for all modes. The traffic work should be used to inform
decisions about the final recommended design to create a corridor that provides mobility,
efficiency, comfort and safety for all modes and minimizes negative outcomes.
The design team will provide all necessary design, including the locations of future curb
and gutter, medians, channelizing islands etc. The design team will also be asked to
provide signage and striping plans for approval by the City of Fort Collins and CDOT.
D. Environmental
Provide coordination, design, permitting, and documentation in accordance with the
requirements of the current Federal Transit Administration (FTA) regulations including the
National Environmental Policy Act of 1969 (NEPA) for an anticipated Programmatic
Categorical Exclusion.
Tasks to satisfy our NEPA obligations and environmental clearances for the project
include:
a. Wetland Determination (survey)- Conduct an initial wetlands assessment.
b. Section 404 Permit- Determine if Section 404 permit will be required, if a permit
is required a mitigation plan shall be prepared.
c. Migratory Bird- Surveys and assessments will be conducted for all migratory
birds that could be impacted by work within the project scope.
d. Historical resources- Intensive field survey will be performed on properties 50 or
more years old to document and evaluate the significance of historic resources
per the National Register of Historic Places eligibility criteria. If appropriate,
prepare inventory forms and draft determination of eligibility and effects letter to
facilitate consultation with the State Historic Preservation Officer (SHPO). If the
RFP 9178 West Elizabeth Corridor Concept Design Page 13 of 45
project should result in a finding of no adverse affect to a historic resource under
section 106, services should also include the preparation of 4(f) de minimus letter
for FTA review and approval.
e. SWMP and MS4 compliance.
f. Noxious Weed assessment and weed management plan for control and
treatment.
g. Noise- Determine if the project requires a noise analysis (Type I). A noise
analysis is required if noise sensitive receptors are present within the project
area.
h. Hazardous Waste- Professional will conduct an initial site assessment to
determine if any hazardous materials may exist in the project area.
E. Right of Way
Provide Right of Way plans in accordance with applicable state and local standards.
The Professional will also provide all necessary plans and documentation for ROW
clearance and final ROW plans, for the acquisition of the necessary ROW and
easements. Right of way acquisitions will be performed by City of Fort Collins staff.
The Professional will make recommendations on all necessary acquisitions (right-of-way,
permanent easements, temporary construction easements, etc.). The City Surveyor will
prepare sketches and descriptions for the City Council approval process for the
Authorization to use Eminent Domain. All acquisitions will follow the Uniform Act
process and will be handled by City Staff.
F. Survey
Provide a seamless topographic survey within the project limits by a professional land
surveyor in accordance with City of Fort Collins and CDOT standards. This includes
geotechnical boring locations.
G. Subsurface Utilities
Provide all necessary coordination and design for locating existing utilities, identifying
potential conflicts, and the design of relocation of utilities as necessary.
H. Utilities
Design general roadway and utility improvements including storm sewer infrastructure.
As part of this road build-out, new and upgraded utility infrastructure improvements will
be needed. This includes water and sewer mains, storm lines, water quality, electrical
distribution lines and private utilities which include, but are not limited to, natural gas,
cable and fiber optic networks and communications lines. The Professional will provide
storm sewer design for anticipated roadway improvements.
I. Urban Design
In accordance with the City requirements, the Professional will perform a tree survey by a
Certified Arborist with Tree Risk Assessment Qualified (TRAQ) to include the following
information: Species, Diameter, Health. The Professional will provide all necessary design
and coordination for landscaping and irrigation plans consistent with City of Fort Collins
Streetscape standards. The project will be presented to the public and will require
colored/rendered plan view drawings of the FIR level plans for review.
J. Stakeholder Engagement
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The Professional, in concert with the City, will develop and implement a Communication
and Public Outreach Plan which addresses public involvement and stakeholder
coordination. The process will include potentially affected interests such as City Council,
multiple City departments, the City’s Transportation Board, area property and business
owners, and bicycle/pedestrian advocacy groups.
There are approximately 60 businesses along West Elizabeth with many belonging to
the Campus West Merchant Association. Many of the businesses have already
experienced extensive construction impacts as well as economic impacts resulting from
COVID-19. Outreach will include developing a plan in conjunction with the City utilizing
the City’s Construction Toolkit to make recommendations on how to minimize the
construction impact.
The Professional will be asked to provide public and stakeholder engagement support
including preparation of graphics, renderings, and materials to assist the project team in
a thorough and comprehensive public engagement process Professional tasks to
support the City’s public and stakeholder involvement process include: Graphics
production / reproduction, project renderings and preparation of presentation materials.
For time estimating purposes in the proposal response, Professionals should plan on
attending two project open houses and providing graphical support for up to six boards
and commission meetings.
Finally, it is unknown at this time how COVID-19 will impact conducting in-person
outreach and engagement. The Professional will be expected to provide examples of
how they plan to conduct stakeholder engagement in a safe, virtual environment.
K. Construction Phasing
This project is a major improvement on a section of road that experiences very heavy
traffic volume – especially during peak commute times in the morning and the late
afternoon. The Professional will be asked to identify strategies for implementing the
improvements in a way that would minimize the extent and duration of the disruption to
through traffic and adjacent property and business owners.
Top-rated Professionals will be able to demonstrate experience in the following abilities:
a. Plan preparation and coordination involving all aspects of design and structural
engineering
b. Knowledge and understanding of pedestrian, bicycle, and transit design practices and
procedures for designing successful multi-modal connections
c. Ability to work effectively as part of a team in a fast-paced project development
environment
All work shall be completed using the latest American Association of State Highway
Transportation Officials (AASHTO), Colorado Department of Transportation (CDOT), City
of Fort Collins, Larimer County, Americans with Disabilities Act (ADA) and Public Rights-
of-Way Accessibility Guidelines (PROWAG), design and construction standards or
guidelines, best practices and procedures.
IV. ADDITIONAL REQUIREMENTS
A. Interviews
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In addition to submitting a written proposal, the top-rated Professionals may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section VI.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the optional interview phase of the assessment process. The City will receive and score
written proposals. However, instead of traditional in-person interviews for the optional
interview session, the City may opt to use alternate methods including, but not limited to
remote interviews through a platform such as Microsoft Teams or Zoom.
B. Travel & Expenses
Reasonable expenses for the completion of the project will be reimbursable per the current
rates found at www.gsa.gov.
C. Sub-Consultans
The Professional will be responsible for identifying any sub-consultants in their proposal.
Please note that the City will contract solely with the awarded Professional; therefore, sub-
consultants will be the responsibility of the Professional.
D. Fees, Licenses, Permits
The successful Professional shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All equipment shall be properly
licensed and insured, carry the appropriate permits and be placarded as required by law.
E. Laws and Regulations
The Professional agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances.
F. Work Orders
The awarded Professional will be required to sign the City’s Work Order type Professional
Services Agreement, a sample of which is attached as Section XI for reference purposes.
Individual work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a summary of work. Subsequent supporting documentation pages
may include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those submitted in
the RFP response and subsequently included in the Agreement.
No Work Order over $5,000 will be considered valid until signed, at a minimum, by
the Vendor, project manager and Purchasing Department representative. Depending
on the cost and nature of the Work, additional signature authorization may be required.
Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing
utilizing the City’s Change Order (included in the Agreement) and will not be considered
valid until signed, at a minimum, by the Professional, project manager and Purchasing
Department representative.
G. Invoicing and Payment
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Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Professional each month
following the submittal of a correct invoice by the Professional indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type category,
hourly rate for each employee/work type category, date of the work performed specific to
the task, percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Professional
and the City will negotiate an appropriate unit price for the service prior to the Professional
initiating such work.
The City pays invoices on Net 30 terms.
V. PROPOSAL SUBMITTAL
Interested and qualified Professionals should provide detailed written responses to the
following items in the order outlined below. The responses shall be considered technical
offers of what the Professionals propose to provide and shall be incorporated in the
Agreement as deemed appropriate by the City. A proposal that does not include all the
information required may be deemed non-responsive and subject to rejection.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation
and presentation of their proposal.
It is highly recommended to limit proposals to approximately twenty-five (25) double sided
or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents,
dividers, Vendor Statement form – Section VII and Certification Regarding Lobbying –
Section VIII). Font size shall not be smaller than 10-point Arial and margins are limited to
no less than .5” for sides and top/bottom. Please, no embedded documents.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews on the proposed dates as stated
in Section II – Anticipated Schedule.
B. Vendor Information
1. Describe the Firm’s business and background
2. Number of years in the business
3. An overview of services offered and qualifications
4. Size of the firm
5. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
6. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section VII,
Vendor Statement.
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7. Identify what portion of work may be subcontracted and to whom.
C. Scope of Proposal
1. Project Understanding: Provide a summary of your team’s understanding of the
project.
2. Project Approach: Describe your recommended approach to achieve each of the
tasks outlined in Section III - Scope of Work. The narrative should include any
options that may be beneficial for the City to consider. Professionals are encouraged
to think beyond the outlined Scope of Work and provide innovative and cost-effective
ideas to create a successful plan.
3. Deliverables: Provide a description or examples of how you will present the
deliverables and the tools that will be used to create project products (i.e. scheduling
software, graphics tools, etc.)
4. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
5. Describe any anticipated clearances needed before construction can occur as well
as the process and schedule to obtain necessary clearances.
D. Firm Capability
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub-consultants with titles and their
specific task assignment for this project.
2. Provide a minimum of three similar projects with public agencies in the last 5 years
that have involved the staff proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, sub-consultants on the team and a brief description of the work and any
change orders.
a. Example projects should highlight your firm’s capabilities, experience and
expertise described in Section I – Objective and Background, and Section III –
Scope of Work.
3. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Professional
authorizes City to verify any and all information contained in the Professional’s
submittal from references contained herein and hereby releases all those concerned
providing information as a reference from any liability in connection with any
information they give.
E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
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2. Provide a resume for each major professional and technical person assigned to the
project, including partners and/or sub-consultants. Please limit resumes to one page.
F. Availability/Schedule
1. Provide a detailed project schedule showing key milestones, deliverable dates and
public meetings. The schedule shall clearly indicate “critical path work items”.
Teams must explain their approach and strategy to ensuring this schedule is met as
well as their understanding of the challenges associated with this project.
2. Are other qualified personnel available to assist in meeting the project schedule if
required?
G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization
strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL)
into the workplace. See Section VI: Review and Assessment for additional information.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved. Provide information on any minority, women,
disadvantaged, veteran, LGBT, minority women owned business, or any other relevant
certifications held by company or the subcontractors it plans to engage. For more
information on these certifications please visit: www.mbocolorado.com/what-we-
do/types-of-certifications/. Visit the Colorado Office of Economic Development and
International Trade online database to search for certified businesses:
www.mbocolorado.com/how-we-connect/minority-business-directory/. Please provide
information on any non-discrimination policies held by your company. If your company
engages in any inclusivity practices or trainings, please provide a brief description of
those activities.
Please also highlight areas of opportunity in the project where sustainability could be
applied and/or improved.
H. Work Hours Estimate
In your response to this proposal, please provide the following:
1. Professional’s work hour estimate for each task proposed in the project scope
i. Include a breakdown of each major subtask and/or subcontracted item such
as Subsurface Utility Engineering, Geotechnical Engineering, etc.
I. Certification Regarding Lobbying
Vendor shall review, sign and submit with their proposal the Certification Regarding
Lobbying found in Section VIII.
J. Additional Information
Provide any information that distinguishes Vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing Vendor’s proposal.
Explain any concerns Vendor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section IX) shall be documented.
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VI. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Vendors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Vendors may be conducted. Final score
may include evaluation of elements from the written proposal and interview.
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
3.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of
Work, or agreement? Can the work be
completed in the necessary time?
3.0 Firm Capability
Has the firm successfully completed previous
projects of this type and scope? Do the
individuals assigned to this project have the
necessary skills and qualifications? Does the
firm have the resources, staffing, and
appropriate support in order to complete this
project on time and within budget?
2.0
Sustainability/TBL
Methodology and
Innovation
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom
Line methodology in their Scope of Work for
the project? Does the firm hold any non-
discrimination policies and/or engage in
inclusivity practices and/or trainings? Does the
firm employ a diverse workforce and consider
Diversity, Equity and Inclusion when
collaborating with subconsultants?
2.0 Work Approach &
Design Concepts
Does the proposal include unique and
innovative design concepts or approaches to
the work that benefits the project, specifically
for the transit and pedestrian/bicycle facilities?
Does the design approach align with the
stakeholder interests? Are the proposed work
hours appropriate to successfully complete the
work?
Definitions
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Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the
Vendor anticipate problems? Were problems solved
quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
If Vendor 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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VII. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledge receipt of addenda.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VIII. CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification
and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
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IX. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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 , hereinafter referred to as the "Professional".
WITNESSETH:
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 any
project Work Orders for , issued by the City. A blank sample of a work order is
attached hereto as Exhibit A, consisting of ( ) page(s) and is incorporated herein
by this reference. A general scope of services is attached hereto as Exhibit C, consisting of
( ) page(s) and is incorporated herein by this reference. The City reserves the
right to independently bid any project rather than issuing a Work Order to the Professional
for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain
named third parties, the Professional shall be solely responsible for performance of all duties
hereunder. The term “Work” as used in this Agreement shall include the services and
deliverables contained in Exhibit A and any Work Orders issued by the City.
The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services. Such
changes shall be agreed upon in writing by the parties by Change Order, a sample of
which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein
by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. 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.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , 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. Written notice of renewal shall be
provided to the Professional and mailed no later than thirty (30) days prior to contract end.
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5. Early Termination by City/Notice. 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 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 address:
Professional: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
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.
6. Design, Project Insurance 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
is responsible for and shall ensure the design Work under any Work Order complies with
the most recent revision of the Americans with Disabilities Act of 1990 (“ADA”) Standards
for Accessible Design, separate from and in addition to compliance with applicable building
codes. Professional shall ensure that any change orders or other changes to the Work
comply with the ADA Standards for Accessible Design. Professional shall be responsible
for any necessary redesign due to failure to comply with ADA requirements, including any
costs for such redesign. 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 attorney’s
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 insurance in
accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated
herein.
7. Compensation. In consideration of services to be performed pursuant to this Agreement,
the City agrees to pay the Professional on a time and reimbursable direct cost basis
designated in Exhibit , consisting of ( ) page(s), attached hereto and
incorporated herein by this reference. At the election of the City, each Work Order may
contain a maximum fee, which shall be negotiated by the parties hereto for each such Work
Order. 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
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RFP 9178 West Elizabeth Corridor Concept Design Page 25 of 45
pursuant to the Work Order and upon approval of the Professional's direct reimbursable
expenses. 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.
8. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
blueprints, data files, calculations, studies, analysis, renderings, models and other Work
Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding to
the project, provided that the City substantially performs its obligations under the
Agreement. The license granted hereunder permits the City and third parties reasonably
authorized by the City to reproduce applicable portions of the Instruments of Service for use
in performing services or construction for the project. In addition, the license granted
hereunder shall permit the City and third parties reasonably authorized by the City to
reproduce and utilize the Instruments of Service for similar projects, provided however, in
such event the Professional shall not be held responsible for the design to the extent the
City deviates from the Instruments of Service. This license shall survive termination of the
Agreement by default or otherwise.
9. City Representative. The City will designate, prior to commencement of the 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.
10. Project Drawings. Upon request and before final payment, the Professional shall provide
the City with reproducible drawings of the project containing accurate information on the
project as constructed. Drawings shall be of archival quality, 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 owner in and
AutoCAD version no older then the established City standard. The Professional
acknowledges the City is a governmental entity subject to the Colorado Open Records Act,
C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may
be considered public records subject to disclosure under the CORA.
11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work
Order and every thirty days thereafter, the Professional is required to provide the City
Representative with a written report of the status of the Work with respect to the Work Order,
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.
12. Independent Contractor. The services to be performed by the 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 the Professional's compensation hereunder
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for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
13. Subcontractors. The Professional may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor
will be subject to inspection by the City to the same extent as the Work of the Professional.
The Professional shall require all subcontractors performing Work hereunder to maintain
insurance coverage naming the City as an additional insured under this Agreement of the
type and with the limits specified within Exhibit , consisting of one (1) page attached
hereto and incorporated herein by this reference. The Professional shall maintain a copy of
each subcontract’s certificate evidencing the required insurance. Upon request, the
Professional shall promptly provide the City with a copy of such certificate(s).
14. 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.
15. 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.
16. 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.
17. 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.
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18. 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.
19. 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.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., the Professional represents and agrees that:
a. As of the date of this Agreement:
1. The Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. The 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 “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. The 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. The 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 the Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, the
Professional shall:
1. Notify such subcontractor and the City within three days that the 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 the Professional shall not terminate
the contract with the subcontractor if during such three days the subcontractor
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provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
e. The 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 the 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, the Professional shall be liable for actual and
consequential damages to the City arising out of the 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.
21. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one
(1) page, attached hereto and incorporated herein by this reference and Exhibit -
Federal Transit Administration Federally Required and Other Model Contract Clauses,
consisting of eleven (11) pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE
PRESIDENT
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL'S NAME
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
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 Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) page(s) are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
PROFESSIONAL: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT B
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: Company Name
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT C
GENERAL SCOPE OF SERVICES
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EXHIBIT
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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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:
1. 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 $1,000,000 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.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional
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 Professional shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’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.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
TABLE OF CONTENTS
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES ......................................................................... 36
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ....................... 36
3. ACCESS TO RECORDS AND REPORTS ................................................................................................. 36
4. FEDERAL CHANGES ............................................................................................................................ 38
5. CIVIL RIGHTS REQUIREMENTS ........................................................................................................... 38
6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ........................................ 39
7. ENERGY CONSERVATION REQUIREMENTS ........................................................................................ 39
8. TERMINATION ................................................................................................................................... 40
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ................................ 41
10. BREACHES AND DISPUTE RESOLUTION ............................................................................................. 41
11. LOBBYING .......................................................................................................................................... 42
12. CLEAN AIR .......................................................................................................................................... 44
13. CLEAN WATER REQUIREMENTS ........................................................................................................ 44
14. SEISMIC SAFETY REQUIREMENTS ...................................................................................................... 44
15. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ............................................................................... 44
16. ADA ACCESS....................................................................................................................................... 45
17. CITY OF FORT COLLINS BID PROTEST PROCEDURES .......................................................................... 45
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1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.
§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
3. ACCESS TO RECORDS AND REPORTS
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
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agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the Contractor's records and construction sites pertaining to a
major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition of
Rolling Stock
Professional
Services
I State Grantees
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a. Contracts below SAT
($100,000) None
Those imposed
on state pass
thru to
Contractor
None None None None
b. Contracts above
$100,000/Capital Projects
None unless1
non-competitive
award
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5311
None unless
non-competitive
award
None unless
non-competitive
award
None unless
non-competitive
award
II Non State Grantees
a. Contracts below SAT
($100,000) Yes
3 Those imposed
on state pass
thru to
Contractor
Yes Yes Yes Yes
b. Contracts above
$100,000/Capital Projects Yes
3 Yes Yes Yes Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
3 18 CFR 18.36 (i)
4. FEDERAL CHANGES
(49 CFR Part 18)
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
5. CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132,
49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Civil Rights - The following requirements apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
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No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor
agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed,
national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
7. ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
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Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
8. TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
a. Termination for Convenience (General Provision) The (Recipient) may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in
the Government's best interest. The Contractor shall be paid its costs, including contract
close-out costs, and profit on work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from (Recipient) setting forth the nature of said breach or
default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor and
its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
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e. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract obligations.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature, extent, and effective date of the termination. Upon receipt of the
notice, the Contractor shall (1) immediately discontinue all services affected (unless the
notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings,
specifications, reports, estimates, summaries, and other information and materials
accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the Recipient.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, 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.
10. BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1E)
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
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furnishes a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor and
the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person
or property because of any act or omission of the party or of any of his employees, agents
or others for whose acts he is legally liable, a claim for damages therefor shall be made in
writing to such other party within a reasonable time after the first observance of such injury
of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
11. LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section
7, which provides that contractors file the certification required by 49 CFR Part 20,
Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
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required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expenditure or failure.]
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The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
12. CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et
seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
13. CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. SEISMIC SAFETY REQUIREMENTS
(42 U.S.C. 7701 et seq., 49 CFR Part 41)
Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part
41 and will certify to compliance to the extent required by the regulation. The contractor
also agrees to ensure that all work performed under this contract including work performed
by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
15. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
of DBE subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
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a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 2 %. A contract goal of 0 % DBE participation has been established for
this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
the contractor may not hold retainage from its subcontractors and is required to return
any retainage payments to those subcontractors within 30 days after the subcontractor's
work related to this contract is satisfactorily completed.
e. The contractor must promptly notify the City of Fort Collins 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 City of Fort Collins.
16. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
17. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd
Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the
procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775.
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order