HomeMy WebLinkAboutRFP - 8068 ENHANCED TRAVEL CORRIDOR MASTER PLAN FOR WEST ELIZABETH (2)RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 1 of 47
REQUEST FOR PROPOSAL
8068 ENHANCED TRAVEL CORRIDOR MASTER PLAN FOR WEST ELIZABETH
The City of Fort Collins is requesting proposals from qualified firms to assist staff in the creation
of an Enhanced Travel Corridor (ETC) Master Plan for West Elizabeth Street between the
Colorado State University (CSU) Foothills Campus and Main Campus.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy
proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing
Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be
received before 3:00 p.m. (our clock), March 2, 2015 and referenced as Proposal No.
8068. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins,
Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please
note, additional time is required for bids mailed to the PO Box to be received at the
Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
Questions concerning the scope of the bid should be directed to Project Managers, Amy Lewin,
at (970) 416-2040 or alewin@fcgov.com, and Emma Belmont, at (970) 224-6197 or
ebelmont@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen,
CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com.
All questions must be submitted in writing via email to Amy Lewin , with a copy to
John Stephen, no later than 5:00 PM our clock on February 20, 2015. Questions received
after this deadline will not be answered.
A copy of the RFP may be obtained at www.rockymountainbidsystem.com.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in
their entirety. All provisions of any contract resulting from this request for proposal will be
public information.
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 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 2 of 47
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.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
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.
Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of
the organization’s philosophy and approach to Sustainability. In no more than two (2) pages
please describe how your organization strives to be sustainable in the use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates
the Triple Bottom Line into our decision process by including economic (or financial),
environmental, and social factors in our evaluation.
The selected Service Provider shall be expected to sign the City’s standard Agreement without
revision prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 3 of 47
REQUEST FOR PROPOSAL
8068 ENHANCED TRAVEL CORRIDOR MASTER PLAN FOR WEST ELIZABETH
PROJECT DESCRIPTION AND SCOPE OF WORK
The City of Fort Collins is requesting proposals from qualified firms to assist staff in the creation
of an Enhanced Travel Corridor (ETC) Master Plan for West Elizabeth Street between the
Colorado State University (CSU) Foothills Campus and Main Campus. The successful firm or
team will be motivated to work with staff, citizens, and elected officials on a multi-disciplinary
planning effort and will have expertise in the following areas:
Multi-modal transportation planning and operational analysis
Transit service planning
Campus circulation and integration
Station area planning
Sustainability assessments (e.g., environmental, economic, social)
NEPA analyses
Transportation funding
Public participation and communication
Graphics and illustration
City staff will provide overall project management. The Contractor will develop the plan,
collaborating and providing focused specialized expertise, successful experience, and
production capacity for certain topic areas.
The plan process is scheduled to occur over 15-16 months, starting in spring 2015.
This may be Federally funded so please do not include any costs. Please provide work
hours only. Your RFP will be disqualified if you provide costs.
PURPOSE
The Transportation Master Plan (TMP) defines a citywide network of Enhanced Travel Corridors
(ETCs)—uniquely designed corridors with an emphasis on high frequency transit, bicycling, and
walking. The West Elizabeth ETC Plan will develop a long-term vision for the corridor based on
an understanding of the transportation, land use, environmental, economic, and social needs of
the area. The plan will provide concepts and designs for a functional, safe corridor that supports
pedestrians, bicycles, buses, and cars. A successful plan will be easily implementable, including
phasing with both near-term and longer-term actions and potential funding options.
RFP SCHEDULE
Final Day for Questions: February 20 (5:00 p.m.)
Proposals Due: March 2 (3:00 p.m.)
Notify Consultants to be Interviewed: Week of March 9, 2015
Interviews: March 20, 2015
BACKGROUND
West Elizabeth connects the Colorado State University (CSU) main campus with the CSU
Foothills Campus near Overland Trail. The corridor has high population density, vibrant activity
centers and significant infill/redevelopment potential—many of the characteristics needed to
support high-frequency transit and active transportation.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 4 of 47
The corridor has some of the highest transit ridership in the city, currently serving over 200
transit riders per hour when CSU is in session. At the same time, the transit service does not
adequately serve current demand, which is expected to grow as the area continues to develop
and redevelop. One of the key goals of this plan is to develop a design and strategy to more
efficiently and effectively serve existing demand, while planning for future growth. In addition,
current transit service in the West Elizabeth Corridor terminates at the CSU Transit Center. It is
desired to explore ways to extend transit through CSU’s main campus to easily connect to MAX
on the east side of the main campus.
The West Elizabeth corridor also has high bicycle and pedestrian usage, with over 1,700 daily
bicycle trips and over 200 peak hour pedestrians crossing at key intersections when CSU is in
session. The corridor is also the third highest bicycle crash corridor in the city with two of the
three highest bicycle crash intersections: Elizabeth and City Park and Elizabeth and Shields.
Through the ETC Master Plan, the City of Fort Collins welcomes innovative solutions through a
proactive, context-sensitive approach that address the following (in no particular order):
Ensuring mobility and accessibility for people of all ages and abilities
Improving safety for all modes of travel
Creating a balanced multi-modal corridor, considering auto, bike, pedestrian and transit
improvements
Identifying alternative transit alignments and operational characteristics to better serve
the corridor
Improving bicycle circulation (addressing safety obstacles/challenges and neighborhood
connectivity to Elizabeth and the Low-Stress Bicycle Network corridor on Springfield)
Evaluating and improving crossing conditions for all users at intersections of Elizabeth
with other arterials (e.g., Shields, Taft Hill, and Overland)
Recommending improvements that support local goals of integrating land use and
transportation planning with economic development and environmental stewardship
Improving connectivity through CSU’s main campus for all Fort Collins residents
Providing connectivity to the Mason Corridor/MAX
Providing connectivity to CSU’s planned football stadium
Creating a beautiful, identifiable, and unique design to enhance the area’s sense of
place
Conducting a collaborative effort that includes City staff, CSU, private sector, residents
and other interested parties
Seeking citizen input to help develop transportation design options, identify funding, and
build partnerships
Creating a master plan that supports sustainability principles
PLAN AREA
As shown in Figure 1, the corridor master plan focuses on West Elizabeth Street from Overland
Trail to Shields Street, with an eye towards connectivity to CSU’s Foothills Campus on the west
and CSU’s Main Campus (including MAX stations) on the east. An influence area one-half mile
around the corridor as well as including CSU’s Foothills and Main Campuses will be used for
understanding land use, socioeconomic and other factors that may influence West Elizabeth.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 5 of 47
Figure 1: Study Corridor and Influence Area
GUIDING PLANS AND DOCUMENTS
The intent of the ETC is to position the City to implement infrastructure or programmatic
improvements in the near term and also set the stage to achieve a long-term vision for the
corridor. Implementation will require funding; as such it will be key to conduct this project to
meet federal requirements, which requires a clear statement of need, a description of
conceptual alternatives, and the development of preliminary evaluation criteria. Additionally the
intent of this study is to follow the federal guidelines for “Linking the Transportation Planning and
National Environmental Policy Act (NEPA) Processes" as developed by the FHWA and FTA.
Planning and Environment Linkages (PEL) may also provide valuable guidance. Development
of the West Elizabeth ETC should take advantage of the guidance provided and be structured to
follow the Federal processes as closely as possible to streamline implementation.
Guiding plans and programs include the following:
2015 West Central Area Plan (http://www.fcgov.com/planning/west-area-plan.php)
2014 Bicycle Master Plan (http://www.fcgov.com/bicycling/bike-plan.php)
2011 City Plan (http://www.fcgov.com/planfortcollins/pdf/cityplan.pdf)
2011 Transportation Master Plan (http://www.fcgov.com/planfortcollins/pdf/tmp.pdf)
2011 Pedestrian Plan (http://www.fcgov.com/planfortcollins/pdf/ped-plan.pdf)
2009 Transfort Strategic Operating Plan (http://www.fcgov.com/transfort/plan-index.php)
2001 Campus West Community Commercial District Planning Study Report
(http://www.fcgov.com/planning/pdf/campus-west-doc.pdf)
Other relevant CSU plans include:
2014 CSU Master Plan (https://www.fm.colostate.edu/files/forms/2014_Masterplan.pdf)
2014 CSU Parking and Transportation Master Plan
(https://www.fm.colostate.edu/files/forms/CSU%20Parking%20and%20Transportation%
20Master%20Plan_FINAL.pdf)
2014 CSU Bike Master Plan
(https://www.fm.colostate.edu/files/forms/BikeMasterPlan_2014.pdf)
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 6 of 47
SCOPE OF WORK CONSIDERATIONS
City staff will be responsible for the overall project management, data collection, and will lead
the public outreach process. The consultant is responsible for: technical analysis and
alternative evaluation, NEPA considerations, station area planning, graphics, illustrations,
presentation materials, and the Master Plan development. The consultant is also expected to
support the public outreach process and potentially provide meeting facilitation, as needed.
Similarly, City staff will support the consultant in alternative evaluation and will oversee the
development of the Master Plan.
The draft scope of work outlined below is for the overall project and has been prepared to help
guide the discussions. Note that this scope of work includes tasks that will be performed by
staff and consultant and is not meant to be a document that defines only the tasks the
consultant is expected to perform. The specific “division of labor” between staff and consultant
will be determined through negotiation with the successful consultant based on how the
consultant’s qualifications and experience fit into the needs of the project.
In its proposal, the consultant is encouraged to propose new approaches to complete the West
Elizabeth ETC master plan and to define its role in the preparation of the plan. The consultant
should also identify and emphasize those areas where its qualifications and expertise would
most benefit this project.
STUDY ADMINISTRATION
Amy Lewin and Emma Belmont will serve as the City of Fort Collins co-project managers for the
plan. The consultant will confer/meet with the project managers regularly to review study
progress, present working papers and study findings, and solicit direction.
The process will be guided by a Technical Advisory Committee (TAC), as well as a Citizen
Advisory Committee (CAC) comprised of neighbors, business interests, CSU, and other
stakeholders. Technical working groups and/or neighborhood focus groups may be used to
support the TAC and CAC’s understanding of the project at key phases. Regularly-scheduled
meetings with the TAC will allow the consultant to build and maintain the close working
relationship essential for the project’s success. Working drafts developed during the study will
circulate to staff, the TAC and CAC for review and comment. Relevant comments and requests
will be incorporated into the working drafts and final documents.
SCHEDULE
The West Elizabeth ETC Master Plan is scheduled to be completed and presented to City
Council for adoption in July 2016. Below are the major milestones to be met during the study.
April 2015 Consultant Selection
May 2015 Project Startup (Task 1)
May 2015 – July 2015 Corridor Understanding / Data Collection & Analysis (Task 2)
July – Sept. 2015 Corridor Vision (Task 3)
Sept. 2015 City Council Work Session – Study Overview
Sept. 2015 – Dec. 2015 Alternatives Development and Evaluation (Tasks 4 & 5)
Jan. – Feb. 2016 Preferred Alternative and Implementation Planning (Tasks 6 & 7)
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 7 of 47
Feb. 2016 City Council Work Session
Feb. – Apr. 2016 Final Master Plan Drafted (Task 8)
May – July 2016 Adoption Process (Task 8)
July 2016 City Council Hearing
SCOPE OF WORK
The following tasks are provided as a guide for the development of the proposal request. The
intent is to provide a basic structure to achieve the purpose of the study. Innovative and original
ideas are encouraged that build from and strengthen the tasks provided below.
Task 1: Work Plan
The first task will be to develop a work plan to guide the study effort. This will include (at a
minimum) the following elements:
Refined scope of work with detailed study tasks, goals, and objectives
Detailed schedule identifying key milestones and deliverables
Staffing plan which identifies consultant and City staff roles
Strategy to coordinate with relevant ongoing and recently completed studies
Establishment of the Technical and Citizen Advisory Committee
Public Engagement Plan for the study (developed by City, refined with help from
consultant)
Development of an initial purpose and need statement for the study with connections to
FHWA and FTA corridor planning requirements
Task 2: Corridor Understanding Report
The second task will provide a comprehensive understanding of the past, present, and future
conditions of the West Elizabeth corridor. This task will provide the basis for the development of
a vision and alternatives. To make the most of budget and time, this task should utilize the
existing information and analysis where available. Elements of this task include the following:
History of the West Elizabeth Corridor
Regional context
Review of existing plans
Existing Conditions – utilize Bike Master Plan and West Central Area Plan and other
existing data
o Existing physical overview (cross-sections, intersections, bike facilities,
pedestrian facilities, pavement, drainage, environmental, cultural, etc.)
o Existing operational overview (traffic volumes, LOS, bike and pedestrian
LOS/performance, crash data and patterns, transit route profiles, etc.)
o Existing influence conditions (land use, socioeconomic data—regional, city,
corridor, etc.)
Future Conditions
o Future planned improvements
o Future traffic conditions, LOS
o Future planned transit service
o Future land use, socioeconomic projections (regional, city, corridor)
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 8 of 47
Summary of Travel Needs
o Final Purpose and Need Statement
o Existing
o Future
Task 3: Corridor Vision
This task will establish a vision for the corridor with supporting goals and objectives. The vision
will be based on findings from Task 2, initial public involvement, feedback from stakeholders,
and guidance from City Council. The Public Involvement Plan will be a key resource in
establishing a community-supported vision by providing a range of effective community
engagement techniques that involve many different stakeholders within the plan area.
Innovative approaches are encouraged to solicit input, such as community roundtables, a
corridor visioning charrette, or interactive web-based tools.
Task 4: Alternatives Development
With guidance resulting from Task 2 and Task 3 a set of context-sensitive alternatives will be
developed to achieve the vision, goals, and objectives. The Public Involvement Plan, developed
as part of Task 1, will need to reflect how the alternatives will be vetted through an open,
interactive and innovative public process ultimately leading to a final preferred plan. This task
includes the following elements:
Forecasted conditions for: No Action, Transportation System Management, and up to
three additional corridor alternatives (including high-frequency/capacity transit service
options)
Corridor continuity enhancements (e.g., through campus)
Medians/access control
Bicycle and pedestrian improvements and connections (including multimodal LOS
analysis)
Task 5: Alternatives Evaluation, including Sustainability Assessment
This task includes evaluation of the alternatives. Part of the evaluation will use the City’s new
sustainability assessment tool (SAT) related to social equity, environmental health, and
economic health (see Appendix A). It is anticipated that the SAT process would be led by the
City with support from the consultant. In addition to sustainability criteria, other evaluation
criteria could include:
Operations and performance for each mode (bicyclists, pedestrians, transit, motorists)
Support for corridor vision
Safety
Community and stakeholder support
Estimated cost for construction, operations, and maintenance
Impact to adjacent properties
Task 6: Preferred Design
Based on the evaluation of alternatives and the public engagement process, a preferred design
(Locally Preferred Alternative) will be developed. The consultant will provide preliminary
design/engineering (minimum of 10% engineering, preferably 30%) and a cost estimate of the
preferred design for West Elizabeth Street with a more refined design and analysis of the
elements listed under Task 4. This task should include the following elements:
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 9 of 47
West Elizabeth Corridor Segments
Cross-section(s)
Intersection improvements (including signal-related)
Access control
Transit facilities and service
Bicycle facilities
Pedestrian facilities
Urban design elements
Transit-oriented design elements
Final Sustainability Assessment Tool application (led by the City with support from the
consultant)
Task 7: Implementation, Funding, and Phasing
This task will include the identification, evaluation, and prioritization of strategies to implement
the preferred design for the West Elizabeth corridor. This will also include an implementation
plan with phasing, funding, and a process for tracking the performance of improvements. The
detailed funding plan will identify the most likely funding sources for each strategy and steps
needed to pursue and acquire the funding. Both near-term and longer-term actions should be
identified.
Task 8: Plan Preparation and Adoption
This task includes the development of Plan, which includes integration of materials from the
previous tasks with technical papers as appendices. This task also includes the plan adoption
phase, allowing time and effort to present to all the various boards and commissions leading up
to adoption by City Council.
Summary of Products/Deliverables
Task
Product / Deliverable
1. Work Plan Work Plan
- Scope of Work
- Schedule
- Public Involvement Plan
2. Corridor Understanding Corridor Understanding Summary Paper
- History of West Elizabeth
- Existing Conditions Technical Paper
- Future Conditions Technical Paper
3. Corridor Vision Vision Statement
- Supporting Goals and Objectives
4. Alternatives Development Alternative Development Technical Paper
- Alternative descriptions
- Graphical representations
5. Alternatives Evaluation Alternative Evaluation Technical Paper
- Sustainability Assessment Tool Analysis
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 10 of 47
Task
Product / Deliverable
6. Preferred Design Preferred Design and Operations
- West Elizabeth Preliminary Design
- Graphical representation of Preferred Design
- Sustainability Assessment Tool Analysis
7. Implementation, Funding and Phasing
Plan
Implementation Plan
- Phasing Recommendations and Costing
- Recommended Implementation Schedule
- Funding Strategies
- Specific Action Items
- Performance Measures
- Monitoring of Plan Implementation
8. Plan Adoption and Final Report West Elizabeth Enhanced Transportation
Corridor Master Plan
- Executive Summary
- Summary chapters of Tasks 2-7
- Details of Recommended Master Plan
- Public Involvement Summary
- Appendices (Technical Papers, etc.)
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 11 of 47
SUBMITTAL REQUIREMENTS
All respondents are required to include the following information in the submittal as a minimum.
1. Project Understanding: Provide a brief summary of your understanding of the project
and the West Elizabeth Corridor.
2. Approach: Describe your recommended approach to achieve each of the tasks
outlined in the Scope of Work described above. Responses 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.
4. Team Profile: Provide relevant information regarding the team you propose to work on
this project including:
a. Overview of firm(s)
b. Example of recent and relevant projects with location and reference contacts
c. People (availability, commitment)
d. Proposed team organization (org chart) of key personnel with titles and specific
tasks
5. Schedule: Provide a detailed project schedule showing key milestones, deliverable
dates, proposed meeting dates for the TAC, public meetings and presentations to
various boards and commissions.
6. Costs: This RFP may use Federal funds. Do not provide any costs. Please
provide work hours to complete the project only. Your RFP will be disqualified if
you provide costs.
It is expected that this project will be a collaborative effort with City. City staff will be working
closely with the successful respondent on all aspects of the study and in some cases leading
elements of the study. Within your response please include how you would work with City staff
to conduct the study in an effort to save costs wherever possible.
A maximum number of 15 double-sided pages (30 pages total) are allowed for this proposal. All
sheets except resumes and samples of work are included in this total.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 12 of 47
REVIEW AND ASSESSMENT
Professional firms 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 firms may be conducted.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal 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?
2.0 Assigned Personnel
Do the persons who will be working on the project have
the necessary skills and qualifications? Are sufficient
people of the requisite skills and qualifications
assigned to the project?
1.0 Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met? Are
other qualified personnel available to assist in meeting
the project schedule if required? Is the project team
available to attend meetings as required by the Scope
of Work?
1.0 Motivation
Is the firm interested and are they capable of doing the
work in the required time frame?
3.0 Firm Capability
Does the firm have the resources, financial strength,
capacity and support capabilities required to
successfully complete the project on-time and in-
budget? Has the firm successfully completed previous
projects of this type and scope?
1.0
UDBE
Is the primary firm a UDBE or has the primary firm
submitted UDBE participation that meets or exceeds
UDBE goal for the project?
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 13 of 47
REFERENCE EVALUATION (TOP RANKED FIRM)
The Project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Professional again? Did they show the
skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Completeness
Was the Professional responsive to client needs; did the
Professional anticipate problems? Were problems solved
quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction contract,
was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
FUTURE PHASES OF WORK
The City reserves the right to use the selected service provider for future phases of the Project.
This may include, but is not limited to, final design, specifications, plans and project estimates.
The City would require a new agreement for any such services.
APPENDIX A
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 14 of 47
City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT)
(November 2014)
Creating a sustainable community
Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental,
human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we
depend.
How to use the tool
The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social
equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment
Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine:
• The process for cross-department collaboration in using the SAT
• Timing for applying a SAT
• When to apply a SAT
• How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings
Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php
The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some
of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making.
Brief description of proposal
Please provide a brief description of your proposal – 100 words or less
Staff lead(s):
Please note staff name, position/division and phone number
* The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 15 of 47
Social Equity
Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil,
political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a
safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the
differences among people. Emphasizing justice, impartiality, and equal opportunity for all.
Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing,
education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and
seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender,
relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are
addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how
the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in
creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity.
Analysis Prompts
• The prompts below are examples of the issues that need
to be addressed. They are not a checklist. Not all
prompts and issues will be relevant for any one project.
Issues not covered by these prompts may be very
pertinent to a proposal - please include them in the
analysis.
Is this proposal affected by any current policy, procedure
or action plan?
Has advice been sought from organizations that have a
high level of expertise, or may be significantly affected by
this proposal?
Proposal Description
1. Meeting Basic Human Needs
• How does the proposal impact access to food,
shelter, employment, health care, educational and
recreational opportunities, a safe and healthy living
environment or social services?
• Does this proposal affect the physical or mental health of
individuals, or the status of public health in our
community?
• How does this proposal contribute to helping people
achieve and maintain an adequate standard of living,
including housing, or food affordability, employment
opportunities, healthy families, or other resiliency
factors?
Analysis/Discussion
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 16 of 47
2. Addressing Inequities and being Inclusive
• Are there any inequities to specific population subsets in
this proposal? If so, how will they be addressed?
• Does this proposal meet the standards of the
Americans with Disabilities Act?
• How does this proposal support the participation,
growth and healthy development of our youth? Does it
include Developmental Assets?
• If the proposal affects a vulnerable section of our
community (i.e. youth, persons with disabilities, etc.)
3. Ensuring Community Safety
• How does this proposal address the specific safety and
personal security needs of groups within the
community, including women, people with disabilities,
seniors, minorities, religious groups, children,
immigrants, workers and others?
4. Culture
• Is this proposal culturally appropriate and how does it
affirm or deny the cultures of diverse communities?
• How does this proposal create opportunities for
artistic and cultural expression?
5. Addressing the Needs of Neighborhoods
• How does this proposal impact specific Fort Collins
neighborhoods?
• How are community members, stakeholders and
interested parties provided with opportunities for
meaningful participation in the decision making
process of this proposal?
• How does this proposal enhance neighborhoods and
stakeholders’ sense of commitment and stewardship
to our community?
6. Building Capacity to Advance Social Equity
• What plans have been made to communicate about
and share the activities and impacts of this proposal
within the City organization and/or the community?
• How does this proposal strengthen collaboration and
cooperation between the City organization and
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 17 of 47
community members?
Social Equity Summary
Key issues:
Potential mitigation strategies:
Overall, the effect of this proposal on social equity would be:
Please reach a consensus or take a group average on the rating,
enter an “x” in one of the following boxes and indicate the overall
rating.
Rating represents group consensus
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or
neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
Environmental Health
Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to
climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural
resources.
Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for
support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify
and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and
waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources.
Analysis Prompts
• The prompts below are examples of issues that need to
be addressed. They are not a checklist. Not all
prompts and issues will be relevant for any one project.
Issues not covered by these prompts may be very
pertinent to a proposal - please include them in the
analysis.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 18 of 47
• Is this proposal affected by any current policy,
procedure or action plan? Has advice been sought from
organizations that have a high level of expertise, or may
be significantly affected by this proposal?
1. Environmental Impact
• Does this proposal affect ecosystem functions
or processes related to land, water, air, or plant
or animal communities?
• Will this proposal generate data or knowledge related
to the use of resources?
• Will this proposal promote or support education in
prevention of pollution, and effective practices for
reducing, reusing, and recycling of natural
resources?
• Does this proposal require or promote the continuous
improvement of the environmental performance of the
City organization or community?
• Will this proposal affect the visual/landscape or aesthetic
elements of the community?
Analysis/Discussion
2. Climate Change
• Does this proposal directly generate or require the
generation of greenhouse gases (such as through
electricity consumption or transportation)?
• How does this proposal align with the carbon reduction
goals for
2020 goal adopted by the City Council?
• Will this proposal, or ongoing operations result in an
increase or decrease in greenhouse gas emissions?
• How does this proposal affect the community’s
efforts to reduce greenhouse gas emissions or
otherwise mitigate adverse climate change
activities?
3. Protect, Preserve, Restore
• Does this proposal result in the development or
modification of land resources or ecosystem functions?
• Does this proposal align itself with policies and procedures
related to the preservation or restoration of natural habitat,
greenways, protected wetlands, migratory pathways, or
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 19 of 47
the urban growth boundary
• How does this proposal serve to protect, preserve, or
restore important ecological functions or processes?
4. Pollution Prevention
• Does this proposal generate, or cause to be
generated, waste products that can contaminate the
environment?
• Does this proposal require or promote pollution
prevention through choice of materials, chemicals,
operational practices and/or engineering controls?
• Does this proposal require or promote prevention
of pollution from toxic substances or other
pollutants regulated by the state or federal
government?
• Will this proposal create significant amounts of waste or
pollution?
5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle
• Does this proposal prioritize the rethinking of the materials
or goods needed, reduction of resource or materials use,
reuse of current natural resources or materials or energy
products, or result in byproducts that are recyclable or can
be re-circulated?
6. Emphasize Local
• Does this proposal emphasize use of local
materials, vendors, and or services to reduce
resources and environmental impact of producing
and transporting proposed goods and materials?
• Will the proposal cause adverse environmental effects
somewhere other than the place where the action will take
place?
Environmental Health Summary
Key issues:
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 20 of 47
Potential mitigation strategies:
Overall, the effect of this proposal on environmental health would
be:
Please reach a consensus or take a group average on the rating,
enter an “x” in one of the following boxes and indicate the overall
rating.
Rating represents group consensus
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or
neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
Economic Health
Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy,
enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs.
Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities.
Analysis Prompts
• The prompts below are examples of the issues that need
to be addressed. They are not a checklist. Not all
prompts and issues will be relevant for any one project.
Issues not covered by these prompts may be very
pertinent to a proposal - please include them in the
analysis
• Is this proposal affected by any current policy, procedure
or action plan? Has advice been sought from
organizations that have a high level of expertise, or
may be significantly affected by this proposal?
1. Infrastructure and Government
• How will this proposal benefit the local economy?
• If this proposal is an investment in infrastructure is it
designed and will it be managed to optimize the use of
resources including operating in a fossil fuel constrained
society?
• Can the proposal be funded partially or fully by grants,
user fees or charges, staged development, or partnering
Analysis/Discussion
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 21 of 47
with another agency?
• How will the proposal impact business growth or
operations (ability to complete desired project or remain
in operation), such as access to needed permits,
infrastructure and capital?
2. Employment and Training
• What are the impacts of this proposal on job creation
within Larimer County?
• Are apprenticeships, volunteer or intern opportunities
available?
• How will this proposal enhance the skills of the local
workforce?
3. Diversified and Innovative Economy
• How does this proposal support innovative or
entrepreneurial activity?
• Will “clean technology” or “green” jobs be created in this
proposal?
• How will the proposal impact start-up or existing
businesses or development projects?
4. Support or Develop Sustainable Businesses
• What percentage of this proposal budget relies on local
services or products? Identify purchases from Larimer
County and the State of Colorado.
• Will this proposal enhance the tools available to
businesses to incorporate more sustainable practices in
operations and products?
• Are there opportunities to profile sustainable and
socially responsible leadership of local businesses or
educate businesses on triple bottom line practices?
5. Relevance to Local Economic Development Strategy
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 22 of 47
Economic Prosperity Summary
Key issues:
Potential mitigation strategies:
Overall, the effect of this proposal on economic prosperity will be:
Please reach a consensus or take a group average on the rating,
enter an “x” in one of the following boxes and indicate the overall
rating.
Rating represents group consensus
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or
neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 23 of 47
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "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 the
scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Professional shall be solely responsible for performance of all duties
hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B",
consisting of ( ) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence , 200 , and shall continue
in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed four (4) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties. Written notice of
renewal shall be provided to the Professional and mailed no later than thirty (30) days prior
to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City
may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid
and sent to the following addresses:
Professional: City: 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
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 24 of 47
performance of the Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to
designs, plans, reports, specifications, and drawings and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
The Professional shall indemnify, save and hold harmless the City, its officers and
employees in accordance with Colorado law, from all damages whatsoever claimed by
third parties against the City; and for the City's costs and reasonable attorneys fees,
arising directly or indirectly out of the Professional's negligent performance of any of the
services furnished under this Agreement. The Professional shall maintain commercial
general liability insurance in the amount of $1,000,000 combined single limits and errors
and omissions insurance in the amount of $1,000,000, in accordance with Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein.
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the
services to be performed pursuant to this Agreement, the City agrees to pay Professional
a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees
and costs shall not exceed ($ ). Monthly partial payments based upon the
Professional's billings and itemized statements are permissible. The amounts of all such
partial payments shall be based upon the Professional's City-verified progress in
completing the services to be performed pursuant hereto and upon the City's approval of
the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause
Final payment shall be made following acceptance of the work by the City. Upon final
payment, all designs, plans, reports, specifications, drawings, and other services rendered
by the Professional shall become the sole property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed pursuant to
this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost
basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs)
not to exceed ($ ). Monthly partial payments based upon the Professional's
billings and itemized statements of reimbursable direct costs are permissible. The
amounts of all such partial payments shall be based upon the Professional's City-verified
progress in completing the services to be performed pursuant hereto and upon the City's
approval of the Professional's reimbursable direct costs. Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans,
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 25 of 47
reports, specifications, drawings and other services rendered by the Professional shall
become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing
accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable Mylar base material using a non-fading process to provide for long
storage and high quality reproduction. "CD" disc of the as-built drawings shall also be
submitted to the City in an AutoCAD version no older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the
City Representative with a written report of the status of the work with respect to the
Scope of Services, Work Schedule, and other material information. Failure to provide any
required monthly report may, at the option of the City, suspend the processing of any
partial payment request.
10. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
11. Subcontractors. 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.
12. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 26 of 47
written consent of the City.
13. 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.
14. 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.
15. 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.
16. 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.
17. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision
of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 27 of 47
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Professional is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that Professional has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Professional shall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the “Department”) made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Professional shall be liable for actual and
consequential damages to the City arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. 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) pages, and Exhibit “ “ – FTA Terms and Conditions, consisting of
seventeen (17) pages, attached hereto and incorporated herein by this reference.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 28 of 47
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
PROFESSIONAL
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 29 of 47
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.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 30 of 47
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.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 31 of 47
EXHIBIT
FEDERALTERMS & CONDITIONS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES ............................................................... 32
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS .............................................................................................................................................. 32
3. ACCESS TO RECORDS AND REPORTS ..................................................................................... 32
4. FEDERAL CHANGES .................................................................................................................... 34
5. TERMINATION ............................................................................................................................... 34
6. CIVIL RIGHTS REQUIREMENTS................................................................................................... 37
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ................................................................... 38
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .......................... 39
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ..................... 39
10. BUY AMERICA .............................................................................................................................. 40
11. BREACHES AND DISPUTE RESOLUTION .................................................................................. 41
12. LOBBYING ..................................................................................................................................... 42
13. CLEAN AIR .................................................................................................................................... 44
14. CLEAN WATER REQUIREMENTS ................................................................................................ 44
15. SEISMIC SAFETY REQUIREMENTS ............................................................................................ 44
16. PATENT AND RIGHTS IN DATA ................................................................................................... 44
17. ENERGY CONSERVATION REQUIREMENTS.............................................................................. 47
18. ADA Access .................................................................................................................................. 47
19. CITY OF FORT COLLINS BID PROTEST PROCEDURES ............................................................ 47
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 32 of 47
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) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
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
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 33 of 47
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.
B. 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.
C. 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).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operationa
l Service
Contract
Turnkey
Constructio
n
Architectural
Engineering
Acquisitio
n of
Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 34 of 47
4. FEDERAL CHANGES
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. TERMINATION
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.
E. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 35 of 47
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
F. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
G. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the (Recipient).
H. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within
this time, or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. In this event, the Recipient may take over the work and compete it by contract
or otherwise, and may take possession of and use any materials, appliances, and
plant on the work site necessary for completing the work. The Contractor and its
sureties shall be liable for any damage to the Recipient resulting from the Contractor's
refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any
increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 36 of 47
causes include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient),
the delay is excusable, the time for completing the work shall be extended. The
judgment of the (Recipient) shall be final and conclusive on the parties, but subject
to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued for the
convenience of the Recipient.
I. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature, extent, and effective date of the termination. Upon
receipt of the notice, the Contractor shall (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer
all data, drawings, specifications, reports, estimates, summaries, and other information
and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
J. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on
the Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to
the Contractor by the (Recipient). If the termination is for default, the (Recipient) may
fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to
the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the (Recipient) and the parties shall negotiate
the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 37 of 47
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective 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
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 38 of 47
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.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is __ %. A separate contract goal [of __ % DBE participation has]
[has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as 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)).
c. {If a separate contract goal has been established, use the following}
Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53. Award of this contract is conditioned on submission of the following
[concurrent with and accompanying sealed bid] [concurrent with and
accompanying an initial proposal] [prior to award]:
1. The names and addresses of DBE firms that will participate in this
contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as
provided in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerors] must present the information required above [as a matter of
responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR
26.53(3)).
{If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 39 of 47
[the contractor may not hold retainage from its subcontractors.] [is required to
return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.] [is
required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor’s work by the City of
Fort Collins and contractor’s receipt of the partial retainage payment related to
the subcontractor’s work.]
e. The contractor must promptly notify 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 City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
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.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 40 of 47
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert
agency name}. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to {insert agency name}, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA-funded projects are produced in the United States, unless a waiver
has been granted by FTA or the product is subject to a general waiver. General waivers
are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, and
microcomputer equipment and software. Separate requirements for rolling stock are set
out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in
the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification (below) with all bids or offers on FTA-funded contracts, except those subject to
a general waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to lower
tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date ___________________________________________________________________
Signature ________________________________________________________________
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 41 of 47
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certification requirement for procurement of buses, other rolling stock and
associated equipment
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to
49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
11. BREACHES AND DISPUTE RESOLUTION
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
City's [title of employee]. This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes
a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 42 of 47
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 City, 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 City 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 City 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 City, (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.
12. LOBBYING
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
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
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 43 of 47
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.]
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
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 44 of 47
___________________________ Date
13. CLEAN AIR
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.
14. CLEAN WATER REQUIREMENTS
Clean Water –
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et 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.
15. SEISMIC SAFETY REQUIREMENTS
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.
16. PATENT AND RIGHTS IN DATA
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
A. Rights in Data - This following requirements apply to each contract involving
experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or
not copyrighted, that is delivered or specified to be delivered under the contract.
The term includes graphic or pictorial delineation in media such as drawings or
photographs; text in specifications or related performance or design-type
documents; machine forms such as punched cards, magnetic tape, or computer
memory printouts; and information retained in computer memory. Examples
include, but are not limited to: computer software, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 45 of 47
reports, catalog item identifications, and related information. The term "subject
data" does not include financial reports, cost analyses, and similar information
incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance
of the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may
the Purchaser or Contractor authorize others to do so, without the written
consent of the Federal Government, until such time as the Federal Government
may have either released or approved the release of such data to the public;
this restriction on publication, however, does not apply to any contract with an
academic institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal
Government reserves a royalty-free, non-exclusive and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for
"Federal Government purposes," any subject data or copyright described in
subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous
sentence, "for Federal Government purposes," means use only for the direct
purposes of the Federal Government. Without the copyright owner's consent,
the Federal Government may not extend its Federal license to any other party.
1. Any subject data developed under that contract, whether or not a
copyright has been obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using
Federal assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, it is FTA's general intention to increase transportation
knowledge available to the public, rather than to restrict the benefits resulting
from the work to participants in that work. Therefore, unless FTA determines
otherwise, the Purchaser and the Contractor performing experimental,
developmental, or research work required by the underlying contract to which
this Attachment is added agrees to permit FTA to make available to the public,
either FTA's license in the copyright to any subject data developed in the
course of that contract, or a copy of the subject data first produced under the
contract for which a copyright has not been obtained. If the experimental,
developmental, or research work, which is the subject of the underlying
contract, is not completed for any reason whatsoever, all data developed under
that contract shall become subject data as defined in subsection (a) of this
clause and shall be delivered as the Federal Government may direct. This
subsection (c) , however, does not apply to adaptations of automatic data
processing equipment or programs for the Purchaser or Contractor's use
whose costs are financed in whole or in part with Federal assistance provided
by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the
Purchaser and the Contractor agree to indemnify, save, and hold harmless the
Federal Government, its officers, agents, and employees acting within the
scope of their official duties against any liability, including costs and expenses,
resulting from any willful or intentional violation by the Purchaser or Contractor
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 46 of 47
of proprietary rights, copyrights, or right of privacy, arising out of the
publication, translation, reproduction, delivery, use, or disposition of any data
furnished under that contract. Neither the Purchaser nor the Contractor shall be
required to indemnify the Federal Government for any such liability arising out
of the wrongful act of any employee, official, or agents of the Federal
Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the
Federal Government under any patent or be construed as affecting the scope
of any license or other right otherwise granted to the Federal Government
under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without
using Federal assistance provided by the Federal Government that has been
incorporated into work required by the underlying contract to which this
Attachment has been added is exempt from the requirements of subsections
(b), (c), and (d) of this clause, provided that the Purchaser or Contractor
identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research
work financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (i.e., a large business, small business, state
government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual, etc.), the Purchaser and the Contractor
agree to take the necessary actions to provide, through FTA, those rights in that
invention due the Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving
experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually
reduced to practice in the course of or under the contract to which this Attachment
has been added, and that invention, improvement, or discovery is patentable under
the laws of the United States of America or any foreign country, the Purchaser and
Contractor agree to take actions necessary to provide immediate notice and a
detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (a large business, small business, state
government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual), the Purchaser and the Contractor agree
to take the necessary actions to provide, through FTA, those rights in that invention
due the Federal Government as described in U.S. Department of Commerce
regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
RFP 8068 Enhanced Travel Corridor Master Plan for West Elizabeth Page 47 of 47
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each
subcontract for experimental, developmental, or research work financed in whole
or in part with Federal assistance provided by FTA
17. ENERGY CONSERVATION REQUIREMENTS
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.
18. 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.
19. 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.
311
None
None unless
non-
competitive
award
None
None
unless
non-
competitiv
e award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee
pass thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)