HomeMy WebLinkAboutRFP - 8485 ENGINEERING DESIGN & SUPPORT FOR HORSETOOTH & COLLEGE INTERSECTION IMPROVEMENTSRFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 1 of 53
REQUEST FOR PROPOSAL
8485 ENGINEERING DESIGN & SUPPORT FOR HORSETOOTH & COLLEGE
INTERSECTION IMPROVEMENTS
The City of Fort Collins is requesting proposals from qualified firms to provide the City with
preliminary engineering design, final engineering design and design support during construction
for the Horsetooth Road and College Avenue Intersection Improvements Project; which includes
the West Horsetooth Road bridge over the Larimer Canal #2.
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 28, 2017 and referenced as Proposal No.
8485. 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 proposals 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.
A pre-proposal meeting will be held March 13, 2016 at 2:00 PM in Training Room 2E,
located at 215 N Mason St., Fort Collins, CO. Attendance is highly recommended.
Questions concerning the scope of the bid should be directed to Caleb Feaver, Project
Manager, at (970) 416-4229 or cfeaver@fcgov.com.
Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at
(970) 221-6777 or edale@fcgov.com.
All questions must be submitted in writing via email to Caleb Feaver , with a copy to
Elliot Dale, no later than 5:00 PM our clock on March 16, 2017. Questions received after
this deadline will not be answered.
A copy of the RFP may be obtained at www.bidnetdirect.com/colorado/city-of-fort-collins.
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 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 2 of 53
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
Purchasing Director
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 3 of 53
REQUEST FOR PROPOSAL
8485 ENGINEERING DESIGN & SUPPORT FOR HORSETOOTH & COLLEGE
INTERSECTION IMPROVEMENTS
The City of Fort Collins Engineering Department is issuing a Request for Proposals (RFP) from
consulting firms and/or teams interested in providing the City with preliminary engineering
design, final engineering design and design support during construction for the Horsetooth Road
and College Avenue Intersection Improvements Project; which includes the West Horsetooth
Road bridge over the Larimer Canal #2. It is the City’s intent to write a separate comprehensive
work order for the West Horsetooth Road bridge design using local funds. Although the design
will be with local funds, the Professional should anticipate bridge construction to have CDOT
oversight. The initial work orders shall be written for deliverables through Preliminary
Engineering (30% FIR level plans). It is the City’s intent to use a single Professional team
through the final design of the project. Extension of the design contract past 30% plans will be
based on continued satisfactory performance of the Professional team.
This project contains FHWA funding as administered through CDOT. All work associated with
the project must be in accordance with CDOT specifications and Larimer County Urban Area
Street Standards (LCUASS). All plans must be prepared in CDOT format, and specifications
must be written in the format of the latest CDOT Standard Specifications for Road and Bridge
Construction. A Disadvantaged Business Enterprise (DBE) goal of nine percent (9%) has
been established by CDOT for the design phase of this project. Because this solicitation will
be used for federally funded projects, proposals must NOT include pricing. The City will
follow Brooks Act procedures and negotiate direct labor and overhead with the most qualified
firm or firms.
Proposing firms/teams shall be pre-qualified with CDOT for BR – Bridge Design, HD – Highway
and Street Design, and HY – Hydraulics Design.
The successful firm or team will identify and address all of the tasks, issues and deliverables in
their proposal. Prospective teams must possess the expertise and experience necessary to
complete the project on time and within the established budget, and be motivated to work with
City staff, the Colorado Department of Transportation (CDOT) and all other affected interests to
accomplish the goals and objectives associated with this project.
The City intends to evaluate and determine a preferred project delivery method after conceptual
design and alternative analysis. Options include Design-Bid-Build (DBB), Design-Build (DB),
and Construction Manager / General Contractor (CM/GC). If the CM/GC delivery method is
chosen, the City anticipates awarding a CM/GC contract at 30% design.
The successful firm or team should demonstrate the following in their proposal:
• Plan preparation and coordination involving all aspects of design engineering
• Ability to formulate and analyze multiple alternatives and their effectiveness at meeting
the project goals, while minimizing and mitigating private property impacts
• Thorough understanding and experience with alternative delivery contracts, specifically
CM/GC
• Thorough understanding and anticipation of what assistance the City will require and
how the Professional can assist the city with alternative delivery
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 4 of 53
• Ability to meet aggressive design and construction schedules including accelerated
environmental clearances, historic clearances, and right-of-way acquisition
• Thorough understanding of CDOT and Federal Highway Administration (FHWA)
procedures and requirements
• Roadway and pedestrian bridge design
• Ability to develop effective and creative methods for construction phasing (roadway and
bridge)
• Verifiable experience with the City’s Streetscape Standards for parkway and median
design
Tasks to complete the project include, but are not limited to, those outlined in the attached
preliminary Scope of Work.
I. Introduction
The City of Fort Collins is seeking professional consulting services for design of the
Horsetooth Road and College Avenue Intersection Improvements Project, including
design of the roadway bridge replacement of West Horsetooth Road over the Larimer
County Canal #2 as well as alternatives to the pedestrian bridge on the west side of
College, south of the intersection.
The City recently completed an Arterial Intersection Prioritization Study (AIPS) which
identified traffic safety and congestion problems. The study also identified suggested
enhancements to mitigate problems. Safety concerns include high frequencies of rear
end and approach turn crashes. Operational concerns include high volumes on all
approaches, often exceeding the capacities of the single left turn lanes given the
available green times. Bicycle and pedestrian safety and accessibility are also concerns
at the intersection. The proposed improvements will follow a multi-modal approach to
create a safer intersection for all users. The City recently adopted the Midtown in Motion
Plan. The Plan identifies conceptual improvements along the College Avenue corridor,
including at the intersection of Horsetooth Road.
The existing intersection consists of South College Avenue (US Highway 287) and
Horsetooth Road. College Avenue is a six lane state facility and a major arterial roadway
for north-south travel within the City of Fort Collins and to surrounding areas. College
Avenue has a posted speed of 40 mph at the intersection. Horsetooth Road is a four
lane major arterial serving east-west travel within the City of Fort Collins. Horsetooth
Road has a posted speed of 35 mph at the intersection. All four approaches are
signalized with protected and permitted left turns for northbound and southbound, and
protected only left turns for eastbound and westbound. Signals at the intersection are
part of a citywide coordinated traffic signal system. Average daily traffic (ADT) is
approximately 72,000 vehicles on an average weekday.
The City has secured multiple funding sources for the design, right-of-way (ROW)
acquisition and construction of the project. An approximate breakdown of the funding
sources is shown in the table below:
Source Amount
STP-Metro Federal Grant (FHWA through CDOT) including local
matching funds
$2,860,000
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Local overmatch funds $500,000
Local bridge funds $150,000
City Staff are seeking additional funding opportunities, however proposing teams should
demonstrate ability and experience in regards to value engineering projects of similar
scope and complexity.
CDOT recently completed resurfacing operations on US Highway 287 from Harmony
Road to Mulberry Road in Fort Collins. The successful firm/team will be responsible for
designing the “tie-in” between the Intersection Improvements Project and the CDOT
project, minimizing impacts to the completed resurfacing while maximizing benefit to the
intersection.
Required elements for the Horsetooth and College Intersection Improvements Project:
• Replacement of the roadway bridge carrying West Horsetooth Road over the Larimer
County Canal #2
• Identify and analyze multiple alternatives which will meet project goals of reducing
congestion and improving safety. Solutions may include:
o Add dual left turn lanes for northbound and southbound traffic
o Add eastbound dual left turn lanes
o Add eastbound right turn lane
o Add improvements as identified in the Midtown in Motion Plan
o Identify and implement alternative to current pedestrian bridge on College
Avenue south of Horsetooth Road
• Coordination with CDOT Staff Bridge regarding any modifications to the College
Avenue bridge over the Larimer County Canal #2
• Full replacement of the traffic signal system
• Design and construct utility improvements including water quality features
• Design landscaping, irrigation and urban design elements
• Coordinate with the City’s Art in Public Places program
• Design and construct the project in a sustainable fashion which balances the
environmental, social and economic needs of the City and adjacent land owners and
businesses
The successful firm/team must work together in partnership with the City and CDOT
to coordinate and conduct joint reviews at critical milestones throughout the project.
In addition, the project team will offer an extensive public outreach and engagement
process with the many project area stakeholders to ensure the improvements meet
the immediate needs of the area, as well as to serve the long range vision.
II. Professional Selection Process and Project Schedule
It is the City’s intent to hire a single Professional Firm/Team capable of handling the
following duties:
• Planning
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• Traffic Engineering
• Urban Design
• Landscaping and Irrigation Design
• Hydraulics Engineering
• Public and Stakeholder Involvement
• Roadway Design
• Structural Design
• Utilities Engineering
• ROW Plan Production
• ROW Appraisals and Acquisition
• Environmental and Historic Investigation and Clearance Support
• Design Support during Construction
Traffic Engineering was previously completed as part of the AIPS. The City will provide
this data to the selected firm/team for reference only. The Professional will be
responsible for analyzing data and formulating appropriate alternatives and designs.
On time delivery is imperative for the project. Proposing firms/teams must explain their
approach and innovative delivery strategy to ensure an efficient schedule. Firms/teams
shall submit a detailed project schedule outlining all phases of the project including
critical milestone dates. The City has listed anticipated dates for the Professional
Selection and Project Schedule as noted below.
• Professional Selection Process:
o RFP Available to the Public March 6, 2017
o Pre-Proposal Meeting March 13, 2017
o Last Day to Submit Questions March 16, 2017 @ 5:00 PM
o RFP Submittal Deadline March 27, 2017 @ 3:00 PM
o Conduct Interviews Week of April 10, 2017
o Select and Notify Professional Week of April 17, 2017
• Project Schedule
Due to timeframe limitations for construction of irrigation ditch crossings (typically
between October and April), the City’s goal is to construct the West Horsetooth
bridge during the winter months followed by intersection improvements and paving.
Construction should be completed in 2019. Below is a tentative schedule meeting
this goal. We are interested in the proposing team’s proven ability to meet or exceed
this schedule.
o Project Kick-Off and Preliminary Engineering Spring 2017 – Fall 2017
o Final Engineering Fall 2017 – Fall 2018
o ROW Acquisition Fall 2017 – Fall 2018
o Advertise for Construction Summer 2018 – Fall 2018
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 7 of 53
o Roadway Bridge Replacement October 2018 – April 2019
o Begin Intersection Improvements Immediately After Bridge
Proposing firms/teams shall supply a design schedule with the proposal. The
schedule shall detail all items required to meet the advertisement date and shall
clearly indicate critical path work items. Proposing teams should also describe
scheduling advantages and disadvantages based on delivery method of project
(DBB, CM/GC, DB). Proposal schedule should show the Professional realistically
meeting the above timeline or provide an explanation for why the timeline is not
attainable.
FHWA Performance End Dates will be applied to the design, right-of-way acquisition,
and construction phases of this project. Dates will be determined by CDOT and
FHWA, with input from the City, prior to the start of each phase. Proposing
firms/teams should demonstrate ability to accurately estimate design schedules and
to meet firm deadlines set early in the project schedule.
Due to the nature of funding sources for this project, Professional costs and fees will not
be considered when evaluating proposals. The City will negotiate costs and fees with the
successful firm/team after the evaluation process has been completed. The contract will
be set up in a Cost Plus Fixed Fee format.
Proposing firms/teams should demonstrate their ability to create a unique “identity” for
the project location with respect to urban design and landscape architecture.
III. Scope of Work
The following is an outline of a general scope of work. Proposing firms/teams shall
expand each of the tasks listed below. Additional tasks, if deemed necessary by the
proposing firms/teams, shall be added to the list to ensure a successful project.
• Project Kick-Off Phase:
City Tasks
o Provide relevant data from Arterial Intersection Prioritization Study
o Provide aerial maps using 2013 aerial photography
o Provide existing topographic survey per the City of Fort Collins Groundmaster
Coordinate System (Horizontal) and the City of Fort Collins Vertical Control
Network (NGVD 1929 – Unadjusted Vertical)
o Provide a digital copy (CAD format) of the existing surface and point files
o Provide property analysis map including ownership, property lines, relevant
easements, and current tenants based on title commitments
o Provide any known preliminary historical data
o Capture horizontal and vertical survey of potholed utilities
Professional Tasks
o Review provided survey information and request additional survey from City if
needed
o Produce mapping based on information provided by the City
o Communicate with utility companies to ensure accurate information is presented
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o Locate utilities by potholing (City may choose to use separate on-call contractor
for potholing)
o Provide assistance with the identification and assessment of historic properties
• Preliminary Engineering Phase:
This phase entails development of a preliminary engineering plan set or Field
Inspection Review (FIR) level design. The following design considerations shall be
addressed:
o Alternative analysis showing feasible improvement alternatives as well as
describing the advantages and disadvantages of each alternative
o Intersection design including roadway transitions at approaches
o Traffic signal design
o Roadway bridge design
o Safety and drive access improvements
o Proposed property impacts
o Thorough utility design, including storm sewer, water quality and outfall
location(s)
o Pedestrian and bicycle facilities
o Pavement design and geotechnical engineering report
o Urban design, landscaping, and irrigation
o Project delivery method analysis
o Design-bid-build (DBB)
o Construction Manager / General Contractor (CM/GC)
o Design-build (DB)
The following activities shall be completed within this phase of the project. Work
items are identified according to City and Professional tasks.
City Tasks
o Coordination with impacted business and residents regarding proposed
improvements
o Provide legal descriptions and exhibits of right-of-way (ROW), temporary
construction easements (TCE), and permanent easement acquisitions. Property
acquisition tasks will take place after CDOT Right-of-Way Plan Review.
Professional Tasks
o All tasks necessary to deliver preliminary engineering design (FIR) plans,
construction specifications (including Standard Special Provisions and Project
Specific Special Provisions), quantity take-offs, bid tabulations, and cost
estimates. FIR plans also need to be of sufficient detail to determine right-of-way
acquisition areas, including temporary and permanent easements. Plans must be
produced in accordance with all CDOT and LCUASS guidelines, and in CDOT
plan format. Plans, specifications, quantity take-offs, bid tabulations, and cost
estimates will be submitted to the City electronically. The selected firm/team is
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 9 of 53
fully responsible for the Quality Assurance and Quality Control (QA/QC) of the
deliverable documents.
o Development of Structure Selection Report, including:
o A minimum of two structure alternatives
o Cost estimates for each structure in report
o Impacts to traveling public from construction of each structure in report
o Any and all information and formatting requirements by CDOT
o Conceptual urban design for each structure in report
o Exhibits for public meetings if meetings are held prior to alternative
selection
o Development of two (2) urban design and landscape concept plans. Plans shall
reference urban design on the roadway bridge, but must incorporate urban
design throughout the project footprint. One plan will be selected and developed
during the Final Engineering phase.
o Urban design elements may include the following:
Treatment of bicycle and pedestrian facilities
Landscaping and irrigation
Pedestrian lighting
Enhanced corner, parkway, and median treatments
Coordination with Art in Public Places (artist will work within
separate contract)
o Proposing firms/teams should implement a historical and/or cultural
interpretation of the project area
o Coordinate with City Project Manager and City Survey to identify property
impacts and extent of ROW and TCE acquisitions needed. The Professional will
provide a digital copy (CAD format) of the line work to the City of Fort Collins
Survey Department for all proposed acquisition areas (temporary and
permanent).
o Development of preliminary drainage report including outfall locations
o Multi-modal analysis
o Examine interaction of all modes of transportation (vehicle, bicycle,
pedestrian, and transit) within the project area
o Adequately size lanes, access points, and crossing locations
o Thorough utility design
o Coordinate with City Utilities Department, including but not limited to:
Water/wastewater
Stormwater
Light & Power
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 10 of 53
Fiber Optic and Traffic
o Coordinate with all private utilities potentially impacted by the
improvements
o Determine extent and location of any utility relocations
o Develop preliminary level storm water improvement plans
o Development of pavement design and geotechnical engineering report
o Include subsurface exploration (boring) with laboratory test results
o City will provide 20-year and 30-year Equivalent Single Axle Loads
(ESALs) for pavement design calculations
o Include recommendations for Hot Mix Asphalt (HMA) and Portland
Cement Concrete (PCC) pavement sections
o Attend and conduct FIR meeting. Meeting minutes to be developed and provided
by the Professional.
o Analyze alternate project delivery methods (DBB, CM/GC, DB) including
advantages and disadvantages of each method, impacts to cost, impacts to
schedule, and impacts to traveling public.
o Attend CDOT workshop (estimated to be one full day) to analyze project delivery
methods for this project.
o Provide written analysis and recommendation to City for review.
o Obtain environmental and historic clearances in accordance with City and State
requirements including, but not limited to, preparing necessary resource
management plans and obtaining necessary permits
• Preliminary Engineering Phase Deliverables:
o Preliminary engineering project schedule
o Meeting minutes (see Public and Stakeholder Involvement section for anticipated
meetings)
o Preliminary drainage report
o Pavement design and geotechnical engineering report
o Two (2) urban design and landscape concept alternatives (outside of the
structure selection report concepts)
o Electronic PDF file of preliminary plan set (11x17 page format)
o Electronic AutoCAD format file of design drawings
o Electronic MS Word file of preliminary project specification book
o Electronic MS Excel file of project bid tab and opinion of probable cost
o FIR Review meeting minutes and comment responses
o Alternate project delivery method analysis
o Structure selection report (including urban design for the structures)
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 11 of 53
o All categorical exclusion memorandums necessary for environmental and historic
clearances
• CM/GC Procurement:
This phase applies only if CM/GC is selected as the preferred delivery method. The
Professional shall work with the City to help procure a contractor through a CM/GC
contract. It is expected for the Professional to have thorough knowledge and
understanding of the advantages and requirements of the CM/GC procurement
process. The Professional shall assist the City in developing a Request for Proposals
(RFP) and provide input, analysis, reviews and engineering documents as required.
o The Professional shall have a thorough understanding of the advantages and
disadvantages of the CM/GC process and shall assist the City through the
procurement phase.
o It is anticipated that the City will prepare the RFP with help and input from the
Professional.
o The City understands that CM/GC may be the best method for delivery of the
project. However, the Professional must be familiar with other delivery methods
and provide analysis and input on the preferred delivery method to best suit the
City’s needs.
o It is expected that the Professional will have to meet with City Engineering, City
Utilities, City Purchasing, and CDOT staff, among other agencies, during this
process.
• Right-of-Way Phase:
Right-of-Way Plans
The successful firm/team will assist the City with development of a complete set of
ROW plans to be submitted to CDOT for review and approval. ROW plans must be
in current CDOT format and must be approved by the City of Fort Collins and CDOT.
Plans will be tied to the City of Fort Collins Groundmaster Coordinate System
(Horizontal) and the City of Fort Collins Vertical Control Network (NGVD 1929 –
Unadjusted Vertical). ROW plans will include the following sheets:
o Title Sheet (including project location map)
o Tabulation of Properties
o Project Control Diagram
o Land Survey Control Diagram
o Tabulation of Boundary Evidence
o Monumentation Sheets
o ROW Plan Sheets
o Ownership Map (prepared in Preliminary Engineering phase – updates will be
based on additional information gathered by City Staff)
City Tasks
o Develop legal descriptions and exhibits for all proposed ROW, permanent and
temporary construction easements
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o Review title commitments
o Establish existing ROW per the title commitments
o Investigation of existing property pins
o Develop all existing property lines and easements
o Tabulation of monuments for the proposed ROW and easements
o Provide information to Professional for monumentation sheets for ROW plan set
o Stamping and signing ROW plan set
o Installation of monuments
o Review of ROW plan set and coordination with Professional to implement
comments
Professional Tasks
o All drafting necessary for the ROW plan set
o Development of proposed ROW and easement line work
o Development of site specific mitigation plans for each parcel. For the purposes of
this proposal, proposing firms/teams should anticipate mitigation plans for five (5)
parcels with two (2) iterations per plan.
ROW Plan Deliverables:
o Complete ROW plan set approved by the City of Fort Collins and CDOT
ROW Acquisition
Proposing firms/teams should include personnel qualified by CDOT to complete the
Federal acquisition process including appraisals, negotiations, and other acquisition
tasks. Depending on funding status and City staff availability, the City may perform
appraisals and acquisitions with City staff or previously contracted consultants.
However, the City would like the option of using the Professional firm/team from this
project.
City Tasks
o Seek authorization for the use of eminent domain from City Council
Professional Tasks
o Provide design assistance during acquisition phase
o At the City’s discretion, provide full right-of-way acquisition services
• Final Engineering Phase:
This phase includes all necessary tasks to deliver final engineering design or Final
Office Review (FOR) level plans, construction specifications (including Standard
Special Provisions and Project Specific Special Provisions), quantity take-offs, bud
tabulations, and cost estimates. Plans must be produced in accordance with all
CDOT and LCUASS guidelines. Plans, specifications, quantity take-offs, bid
tabulations, and cost estimates will be submitted to the City electronically. The
successful firm/team is fully responsible for the Quality Assurance and Quality
Control (QA/QC) of the deliverable documents. Comments from the FOR meeting
will be incorporated into the For Advertisement documents.
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 13 of 53
City Tasks
o Coordination with impacted business and residents regarding proposed
improvements
Professional Tasks
o Development of final drainage report
o Finalize urban design and landscape preferred alternative
o Attend and conduct FOR meeting. Meeting minutes to be developed and
provided by Professional.
All work shall be based on the requirements and guidelines found in current versions
of the following documents:
o Larimer County Urban Area Street Standards
(LCUASS) http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm
o AASHTO LRFD Bridge Design Specifications
o City of Fort Collins Master Street Plan
http://www.fcgov.com/transportationplanning/msp.php
o City of Fort Collins Pedestrian
Plan http://www.fcgov.com/transportationplanning/pedplan.php
o City of Fort Collins Transfort Strategic Plan
http://www.ridetransfort.com/abouttransfort/plans-and-projects/transfort-strategic-
plan
o Colorado Department of Transportation Standard Specifications for Road and
Bridge Construction
o Colorado Department of Transportation Standard Plans, M&S Standards
o American Association of State Highway and Transportation Officials (AASHTO)
guidelines
o Americans with Disabilities Act (ADA) guidelines
o Proposed Right-of-Way Access Guidelines (PROWAG)
• Final Engineering Phase Deliverables:
o Final engineering project schedule
o Meeting minutes (see Public and Stakeholder Involvement section for anticipated
meetings)
o Final drainage report
o Stormwater management plan
o Final urban design and landscape plan
o Electronic PDF file of final plan set
o Electronic MS Word file of final project specification book
o Electronic MS Excel file of project bid tabulation and opinion of probable cost
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 14 of 53
o FOR meeting minutes and comment responses
• Advertisement and Construction Phases:
o Professional will be tasked with providing any necessary responses and
subsequent documentation for revisions to the plans, specifications, and bid
tabulation as a result of Requests for Information (RFI). Professional shall also
be tasked with providing addenda and field memos required during the
advertisement and construction phases.
o Professional shall incorporate any changes and/or modifications to the plan set,
specifications, and bid tabulation as necessary as a result of the advertisement
process. A memo shall be sent to the City stating the changes and how they
were addressed prior to submitting the For Construction documents.
o Professional shall assist the City during construction and must be willing to
address constructability issues in a timely manner
• Advertisement and Construction Deliverables:
o Electronic AutoCAD file of design drawings, including all design drawings,
surfaces, point files, and drawing sheets (delivered prior to construction award)
o Four (4) half size For Construction plan sets (black and white, 11x17), stamped
by Professional Engineer (delivered prior to construction award)
o Electronic PDF For Construction plan set, stamped by Professional Engineer
(delivered prior to construction award)
o Electronic PDF For Construction project specification book, stamped by
Professional Engineer (delivered prior to construction award)
o Electronic PDF As-Constructed plan set (half size, black and white, 11x17)
(delivered after construction is complete)
IV. Public and Stakeholder Involvement
The City will develop and implement a Communication Plan which shall address public
involvement and stakeholder coordination. The process will include potentially affected
interests such as City Council, multiple City departments, City’s Transportation Board,
area property and business owners, and bicycle/pedestrian advocacy groups.
Professional tasks to support the City’s public and stakeholder involvement process may
include:
• Graphics production and/or reproduction
• Public mailing preparation
• Attendance and participation at property owner meetings
• Attendance and participation at project open house events
• Preparation of presentation materials
• Development of press releases and/or media materials
• Attendance at public meetings
For purposes of this proposal, submitting firms/teams should plan on attending and
providing support for the following:
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 15 of 53
• Preliminary Engineering Phase:
o One (1) public open house meeting
o Four (4) project coordination meetings
o Four (4) utility coordination meetings
o One (1) City of Fort Collins Council meeting
• Final Engineering Phase:
o One (1) public open house meeting
o Four (4) project coordination meetings
o Two (2) utility coordination meetings
o One (1) City of Fort Collins Council meeting
V. National Environmental Policy Act Special Requirements
The Professional will be responsible for preparing documents in accordance with the
National Environmental Policy Act (NEPA) of 1969, as well as in accordance with all
federal, state, and local environmental regulations. For NEPA documentation the project
will likely qualify as a Programmatic Categorical Exclusion. Work should include all
preparation and submittal of required documents.
A high level environmental analysis was conducted by CDOT. The following is a list of
requirements determined from the analysis:
• Hazardous Waste (ISA) – Conduct an initial site assessment to determine if any
hazardous materials may exist in the project area. A Phase I Site Assessment will be
conducted in accordance with ASTM E 1527-05 Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process. The City requires
that a Phase I Site Assessment be conducted for each property acquisition as part of the
project.
• Wetland Determination (survey) – Conduct an initial wetlands assessment. If it is
determined that wetlands exist within the project area, a wetland delineation shall be
conducted according to the guidelines outlined in the 1987 Corps of Engineers (Corps)
Wetland Delineation Manual. Wetland boundaries will be surveyed into the project plan
sheets, and temporary and/or permanent impacts determined. If the wetlands are
jurisdictional, project activities will be subject to Section 404 permitting through the US
Army Corps of Engineers (Corps). For permanent impacts of 500 square feet or
temporary impacts of 1000 square feet or more, including wetlands not regulated by the
Corps, a Wetland Finding Report will be required that includes a detailed mitigation plan.
For permanent impacts of 1/10 of an acre or more, a FacWet, functional assessment will
also be conducted and results included in the Wetland Finding Report. Any mitigation
needed, will be at a 1:1 ratio.
• Section 404 Permit – Determine if a section 404 permit is required. If a Section 404
permit is required, the applicant will be responsible to ensure all conditions of the permit
are adhered to, including preparation of a mitigation plan. Running Creek is within the
project area.
• Migratory Bird – Surveys and assessments will be conducted for all migratory birds that
could potentially occur within the project site and affected by the project. This can
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 16 of 53
include removal of trees, work on bridges or other structures, clearing and grubbing of
vegetation, etc. Additionally, CPW Recommended Buffers Zones and Seasonal
Restrictions for Colorado Raptors should be followed.
• Air Quality/Conformity – Determine if the project area is in a nonattainment or
maintenance areas. If the project is within one of these areas, applicant will have to
demonstrate that the project is either exempt from air conformity or will be required to
perform all needed tasks to demonstrate Air Conformity, including but not limited to hot
spot modeling and Level of Service for both existing and future (yr 2040) conditions.
• Noise – Determine if the project requires a noise analysis (Type I). If so, a noise analysis
will be required if noise sensitive receptors are present with the project areas. The
applicant will be responsible for any and all analysis needed to demonstrate compliance.
• Historical Resources – In order to comply with Section 106 of the National Historic
Preservation Act, conduct a file search through History Colorado’s COMPASS cultural
resources database. If the project has the potential to directly or indirectly impact
properties 50 or more years old, conduct intensive-level field survey to document and
evaluate the significance of historical resources per the National Register of Historic
Places eligibility criteria. If appropriate, prepare inventory forms and draft determination
of eligibility and effects letter to facilitate consultation with the State Historic Preservation
Officer (SHPO). The Professional responsible for these tasks must meet the Secretary of
the Interior’s Professional Qualifications Standard for historians and/or architectural
historians. Region 4, Staff Historian will approve APE and will initiate consultation with
SHPO, if needed. If the project should result in a finding of no adverse affect to a historic
resource under Section 106, services should also include the preparation of 4(f) de
minimus letter for FHWA review and approval. Proposing firms/teams should plan on
surveying, researching, and documenting one (1) possible historic property within the
Area of Potential Effect as required for compliance with Section 106 of the NEPA, as
amended.
All applicable documents will be in CDOT format, and will be presented to CDOT and
FHWA as required.
Stormwater Discharge Permit Associated with Construction Activities (CDPS)
If it is anticipated that one or more acre of earth disturbance occurs during construction,
a CDPS permit is required. A Stormwater Management Plan (SWMP) is one requirement
of the CDPS permit. All SWMPs must be approved by CDOT Region 4 Environmental
Staff. The Professional shall be responsible for ensuring design compliance with the
City’s MS4 permit.
All documents will be reviewed by CDOT before being considered final. Section 106
documents will be prepared for CDOT by the Professional. CDOT will then submit to the
respective agencies.
Other NEPA requirements that will be performed by CDOT will include:
• Archeology assessments and/or surveys
• Paleontology assessments and/or surveys
• Threatened and Endangered Species Memo (no effect determination)
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 17 of 53
VI. Submittal Requirements
Proposals should be kept to 25 double-sided pages (50 single-sided) or less. Page
count includes all pages less cover sheets and dividers. Please include the following in
your proposal:
1. Project Understanding: Provide a brief summary of your understanding of the project.
2. Approach: Describe your recommended approach to achieve the Scope of Work
described above. Responses are encouraged to think beyond the outlined Scope of
Work and provide innovative ideas to create a successful plan.
3. Team Profile: Provide relevant information regarding the team you propose to work on
this project including:
a. Overview of firm(s), including ones who are DBE certified
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
4. Schedule: Provide a detailed project schedule showing key milestones, deliverable
dates and public meetings.
5. Certification Regarding Lobbying: All proposals must include a signed copy of the
Certificate Regarding Lobbying found on page 21 of this RFP.
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 18 of 53
VII. Contact Information
Engineering Department Contacts:
Caleb Feaver
Capital Projects Engineer
970-416-4229
cfeaver@fcgov.com
Tim Kemp, PE
Capital Projects Engineer
970-416-2719
tkemp@fcgov.com
City of Fort Collins Engineering Department
281 North College Avenue
PO Box 580
Fort Collins, Colorado 80522
Purchasing Department Contact:
Elliot Dale, MS, LEED AP BD+C
Buyer
970-221-6777
edale@fcgov.com
City of Fort Collins Purchasing Department
215 North Mason Street
PO Box 580
Fort Collins, Colorado 80522
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 19 of 53
VIII. Review & 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 Sustainability
Does the Professional have a demonstrated history of
sustainable practices? How will the Professional’s
services help the City of Fort Collins reach their
Climate Action Plan goals?
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
DBE
Is the primary firm a DBE or has the primary firm
submitted DBE participation that can meet or exceed
the DBE goal for the project?
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 20 of 53
IX. 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?
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 21 of 53
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid, RFP, 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
___________________________ Date
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 22 of 53
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as the "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with any
project Work Orders for , issued by the City. A blank sample of a work order is
attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated
herein by this reference. A general scope of services is attached hereto as Exhibit “B",
consisting of ( ) pages and is incorporated herein by this reference. The City
reserves the right to independently bid any project rather than issuing a Work Order to the
Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit
A to certain named third parties, the Professional shall be solely responsible for
performance of all duties hereunder. The term “Work” as used in this Agreement shall
include the services and deliverables contained in Exhibit A and any Work Orders issued
by the City.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) 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.
5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this agreement shall be effective when mailed,
postage prepaid and sent to the following address:
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 23 of 53
Professional: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
6. Design, Project Insurance and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to
designs, plans, reports, specifications, and drawings and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
The Professional is responsible for and shall ensure the design Work under any Work
Order complies with the most recent revision of the Americans with Disabilities Act of 1990
(“ADA”) Standards for Accessible Design, separate from and in addition to compliance
with applicable building codes. Professional shall ensure that any change orders or other
changes to the Work comply with the ADA Standards for Accessible Design. Professional
shall be responsible for any necessary redesign due to failure to comply with ADA
requirements, including any costs for such redesign. The Professional shall indemnify,
save and hold harmless the City its officers and employees, in accordance with Colorado
law, from all damages whatsoever claimed by third parties against the City and for the
City's costs and reasonable attorney’s fees arising directly or indirectly out of the
Professional's negligent performance of any of the services furnished under this
Agreement. The Professional shall maintain insurance in accordance with Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein.
7. Compensation. In consideration of services to be performed pursuant to this Agreement,
the City agrees to pay the Professional on a time and reimbursable direct cost basis
designated in Exhibit " ", consisting of ( ) page(s), attached hereto and
incorporated herein by this reference. At the election of the City, each Work Order may
contain a maximum fee, which shall be negotiated by the parties hereto for each such
Work Order. Monthly partial payments based upon the Professional's billings and itemized
statements are permissible. The amounts of all such partial payments shall be based
upon the Professional's City-verified progress in completing the services to be performed
pursuant to the Work Order and upon approval of the Professional's direct reimbursable
expenses. Final payment shall be made following acceptance of the Work by the City.
Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
8. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 24 of 53
blueprints, data files, calculations, studies, analysis, renderings, models and other Work
Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding
to the project, provided that the City substantially performs its obligations under the
Agreement. The license granted hereunder permits the City and third parties reasonably
authorized by the City to reproduce applicable portions of the Instruments of Service for
use in performing services or construction for the project. In addition, the license granted
hereunder shall permit the City and third parties reasonably authorized by the City to
reproduce and utilize the Instruments of Service for similar projects, provided however, in
such event the Professional shall not be held responsible for the design to the extent the
City deviates from the Instruments of Service. This license shall survive termination of the
Agreement by default or otherwise.
9. City Representative. The City will designate, prior to commencement of the Work, its
project representative who shall make, within the scope of his or her authority, all
necessary and proper decisions with reference to the project. All requests for contract
interpretations, change orders, and other clarification or instruction shall be directed to the
City Representative.
10. Project Drawings. Upon request and before final payment, the Professional shall provide
the City with reproducible drawings of the project containing accurate information on the
project as constructed. Drawings shall be of archival quality, prepared on stable mylar
base material using a non-fading process to provide for long storage and high quality
reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in
and AutoCAD version no older then the established City standard. The Professional
acknowledges the City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession
may be considered public records subject to disclosure under the CORA.
11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any
Work Order and every thirty days thereafter, the Professional is required to provide the
City Representative with a written report of the status of the Work with respect to the Work
Order, Work Schedule and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial
payment request.
12. Independent Contractor. The services to be performed by the Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of the Professional's compensation
hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for
any other purpose.
13. Subcontractors. The Professional may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 25 of 53
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work
of the subcontractor will be subject to inspection by the City to the same extent as the
Work of the Professional.
The Professional shall require all subcontractors performing Work hereunder to maintain
insurance coverage naming the City as an additional insured under this Agreement of
the type and with the limits specified within Exhibit “ ”, consisting of one (1) page
attached hereto and incorporated herein by this reference. The Professional shall
maintain a copy of each subcontract’s certificate evidencing the required insurance.
Upon request, the Professional shall promptly provide the City with a copy of such
certificate(s).
14. Personal Services. It is understood that the City enters into this Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior
written consent of the City.
15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the Work. The
City's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to the City under this
Agreement.
16. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this Agreement, such party may be declared in default.
17. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-
defaulting party commences legal or equitable actions against the defaulting party, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable attorney fees and costs incurred because of the default.
18. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
Agreement between the parties and shall be binding upon said parties, their officers,
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 26 of 53
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
19. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., the Professional represents and agrees that:
a. As of the date of this Agreement:
1. The Professional does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. The Professional will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. The Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. The Professional is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If the Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, the
Professional shall:
1. Notify such subcontractor and the City within three days that the Professional has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that the Professional shall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. The Professional shall comply with any reasonable request by the Colorado
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 27 of 53
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If the Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, the Professional shall be liable for actual and
consequential damages to the City arising out of the Professional’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
21. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 28 of 53
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 29 of 53
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
The Professional agrees to perform the
services identified above and on the attached
forms in accordance with the terms and
conditions contained herein and in the
Professional Services Agreement between
the parties. In the event of a conflict between
or ambiguity in the terms of the Professional
Services Agreement and this Work Order
(including the attached forms) the
Professional Services Agreement shall
control.
The attached forms consisting of ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
PROFESSIONAL
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Purchasing Director (over $60,000.00)
Date: ____________________________
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 30 of 53
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 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 31 of 53
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 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 32 of 53
EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this
concept should flow down to all levels to clarify, to all parties to the contract, that the
Federal Government does not have contractual liability to third parties, absent specific
written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
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.
X. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or
submit covered claims and statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
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
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 33 of 53
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.
XI. ACCESS TO RECORDS AND REPORTS
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced, but the
language provided paraphrases the statutory or regulatory language.
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any
PMO Contractor, access to the Contractor's records and construction sites pertaining
to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 34 of 53
financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
By definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide
the Purchaser, FTA Administrator, the Comptroller General of the United States or any
of their duly authorized representatives with access to any books, documents, papers
and record of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser,
the Secretary of Transportation and the Comptroller General or any authorized officer
or employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
of Rolling
Stock
Professional
Services
I State Grantees
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-
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 35 of 53
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
Yes3
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
3 18 CFR 18.36 (i)
XII. FEDERAL CHANGES
(49 CFR Part 18)
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
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.
XIII. CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. §
12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix
A, but FTA has shortened the lengthy text.
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. §
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 36 of 53
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
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.
XIV. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
Applicability to Contracts
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 37 of 53
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
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.
XV. ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their
contracts at every tier and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements are so dependent on the state energy conservation plan. The following
language has been developed by FTA:
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.
XVI. TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of
higher education,) in excess of $10,000 shall contain suitable provisions for termination by
the grantee including the manner by which it will be effected and the basis for settlement.
(For contracts with nonprofit organizations and institutions of higher education the
threshold is $100,000.) In addition, such contracts shall describe conditions under which
the contract may be terminated for default as well as conditions where the contract may be
terminated because of circumstances beyond the control of the contractor.
Flow Down
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 38 of 53
The termination requirements flow down to all contracts in excess of $10,000, with the
exception of contracts with nonprofit organizations and institutions of higher learning.
Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are
suggestions of clauses to be used in different types of contracts:
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.
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 39 of 53
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
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.
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 40 of 53
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
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
RFP 8485 Engineering Design & Support for Horsetooth & College Intersection Improvements Page 41 of 53
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.
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.
XVII. 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
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
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This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
XVIII. BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1E)
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow
for administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate. This may include provisions for bonding, penalties for late or inadequate
performance, retained earnings, liquidated damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions are
developed will depend on the circumstances and the type of contract. Recipients should
consult legal counsel in developing appropriate clauses. The following clauses are
examples of provisions from various FTA third party contracts.
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal,
the Contractor shall be afforded an opportunity to be heard and to offer evidence in
support of its position. The decision of the [title of employee] shall be binding upon the
Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
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Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees,
agents or others for whose acts he is legally liable, a claim for damages therefor shall be
made in writing to such other party within a reasonable time after the first observance of
such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except
as may be specifically agreed in writing.
XIX. LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and
Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational
Service Contract/Turnkey contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-
Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section
7.
Mandatory Clause/Language
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part
20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
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- 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
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.
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This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801,
et seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
XX. CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite
quantities where the amount is expected to exceed $100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts which exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
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.
XXI. CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Applicability to Contracts
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The Clean Water requirements apply to each contract and subcontract which exceeds
$100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every
tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act, as
amended, the following language developed by FTA contains all the mandatory
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.
XXII. SEISMIC SAFETY REQUIREMENTS
(42 U.S.C. 7701 et seq., 49 CFR Part 41)
Applicability to Contracts
The Seismic Safety requirements apply only to contracts for the construction of new
buildings or additions to existing buildings.
Flow Down
The Seismic Safety requirements flow down from FTA recipients and subrecipients to first
tier contractors to assure compliance, with the applicable building standards for Seismic
Safety, including the work performed by all subcontractors.
Model Clauses/Language
The regulations do not provide suggested language for third-party contract clauses. The
following language has been developed by FTA.
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.
XXIII. PATENT AND RIGHTS IN DATA
(37 CFR Part 401, 49 CFR Parts 18 and 19)
Applicability to Contracts
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Patent and rights in data requirements for federally assisted projects ONLY apply to
research projects in which FTA finances the purpose of the grant is to finance the
development of a product or information. These patent and data rights requirements do
not apply to capital projects or operating projects, even though a small portion of the sales
price may cover the cost of product development or writing the user's manual.
Flow Down
The Patent and Rights in Data requirements apply to all contractors and their contracts at
every tier.
Model Clause/Language
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A,
Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is
governed by Federal law and regulation. For data rights, the text on copyrights is
insufficient to meet FTA's purposes for awarding research grants. This model clause, with
larger rights as a standard, is proposed with the understanding that this standard could be
modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
A. Rights in Data - 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
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
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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
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
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(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
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.
XXIV. CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. §
12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
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The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix
A, but FTA has shortened the lengthy text.
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.
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(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(d) Special DOL EEO Clause - In addition to the foregoing, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), the
Recipient agrees to comply, and assures that each Third Party Participant will
comply, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R.
chapter 60, and (b) Executive Order 11246, “Equal Employment Opportunity,” as
amended by Executive Order 11375, “Amending Executive Order 11246, Relating
to Equal Employment Opportunity,” 42 U.S.C. § 2000e note.
(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.
XXV. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
Background and Applicability
The newest version on the Department of Transportation’s Disadvantaged Business
Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to
grantees on the use of overall and contract goals, requirement to include DBE provisions
in subcontracts, evaluating DBE participation where specific contract goals have been set,
reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE
program dictates payment terms and conditions (including limitations on retainage)
applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal clause such
as that below must be included in all contracts above the micro-purchase level. The
requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns
retainage (see section 26.29). Grantee choices concerning retainage should be reflected
in the language choices in clause subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment
terms and conditions applicable to all subcontractors based in Part 26 as well as those
related only to DBE subcontractors. The suggested language allows for the options
available to grantees concerning retainage, specific contract goals, and evaluation of DBE
subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
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
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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 5 %. A contract goal of 9 % DBE participation has been
established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
c. 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:
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 must present the information required above as a matter of responsiveness
(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,
the contractor may not hold retainage from its subcontractors and is required to return
any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.
e. The contractor must promptly notify the City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of the City of Fort Collins.
XXVI. ADA ACCESS
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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.
XXVII. 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.
competitive
award or if
funded thru2
5307/5309/53
11
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
II Non State
Grantees
Yes3
Those imposed
on non-state
Yes
Yes
Yes
Yes