coloradotransit.com · web viewtown of breckenridge – free ride transit system. request for...

TOWN OF BRECKENRIDGE – FREE RIDE TRANSIT SYSTEM Request For Proposal: Transit Master Plan Study

Proposal Deadline: 5:00 pm October 26, 2018

PURPOSE

Description of service and town:The Town of Breckenridge is located 9,603 feet above sea level in a U-shaped valley on the western slope of the Continental Divide. Established in 1859, the Town has survived and thrived throughout history and now boasts world-class amenities for residents and visitors alike. The Breckenridge Ski Resort continues to be one of the most visited amenities in Breckenridge.The Town also proactively supports the needs of residents through an affordable housing program and support of childcare facilities. The Open Space and Trails programs in Breckenridge provide unparalleled access to the natural beauty of Breckenridge year-round. Breckenridge has two elementary schools and multiple childcare facilities. It is still a small Town, but with big town amenities!

There are 5.3 square miles within the town boundary. Although the Town is home to a permanent population of only approximately 4,500 residents, the peak population that includes day visitors, day skiers, overnight guests, and second homeowners, is estimated to exceed 39,000 on a busy day.

Breckenridge Free Ride operates 17.5 hours per day/365 days per year within the town limits of Breckenridge. Our transit system supports many transit dependent low-income job access commuters with fixed route transit services. Transit is convenient and accessible to most areas in the Town. The service also mitigates traffic and congestion issues as a result of significant population increases in the winter months.

The Town of Breckenridge Free Ride Transit System (FREE RIDE) is soliciting bid proposals from qualified individuals, firms, or consortiums to perform consulting research services to provide a Transit Master Plan Study.

I. RFP TERMS AND CONDITIONS

A. The FREE RIDE intends to bind a competent, experienced consultant into a formal Agreement with the Town of Breckenridge (TOWN) to perform the work described in this Request for Proposal and related attachments.

B. Proposers should take due caution to read the entire Request for Proposal, noting all submittal requirements, including substance, format, and required submissions with the proposal. Failure to provide all requested information and in the proper manner, may be cause for rejection of proposal at the sole discretion of the TOWN.

C. This invitation to bid should not be construed as a commitment of any kind on the part of the TOWN, nor does it commit the TOWN to pay for any cost incurred in the submission of a proposer’s bid package, nor for any costs incurred prior to the execution of a formal Agreement.

D. Any person or agency on the US Attorney General’s list of ineligible contractors will not be considered. Bidder shall submit with proposal a certification that they are eligible in which to contract with a recipient of federal financial program assistance funds.

E. The bidder will certify by signing and submitting a proposal that the proposal is made without prior understanding, agreement or accord with any other person submitting a proposal for the same product or service and that this proposal is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person engaged in the same line of business or commerce. Any false statement hereunder constitutes a felony and can result in a fine and imprisonment as well as civil damages.

F. To be considered, proposals must be received by the Town of Breckenridge at the following location before 5:00 pm MDT on Friday, October 26, 2018 at:

Town of Breckenridge Free Ride Transit System

Attn: Fred Williamson, Transit ManagerClerk’s office Town Hall150 Ski Hill RoadBreckenridge, Colorado 80424

The proposal shall be placed inside a sealed envelope and marked “Transit Master Plan Study RFP”.

2

The submittal cover sheet, Attachment E shall be completed and attached to the proposal.

Any proposal received after the specified bid closing date/time shall not be considered and shall be returned unopened to the proposer. Unsealed bids or electronic submissions (email) shall not be considered.

The TOWN shall in no way be responsible for delays in the delivery of any proposal via U.S. Mail or any other method of conveyance. The TOWN shall not be responsible for premature opening of proposals that are not marked properly, as described above. Improperly marked proposals shall be deemed non-responsive and shall be rejected.

G. Procedural or project-related questions should be submitted to Fred Williamson, Transit Manager, at: [email protected] calls will not be accepted.

H. The FREE RIDE has established the following tentative procurement schedule for this RFP. There is no obligation by the TOWN to comply with the schedule shown below, however the TOWN shall make all reasonable efforts to notify all prospective proposers and interested parties known within a reasonable time after such changes are made. In no event shall any proposer have any redress to the TOWN, be it financial or otherwise, in the event that the TOWN alters this schedule in any way. Submitting the proposal before the specified date/time stated above shall remain the responsibility of the proposer.

Project schedule:Deadline for Questions Friday October 12, 2018 5:00 pm Proposals Due Friday October 26, 2018 5:00 pm Interviews Week of November 5, 2018 TBD Contract Award Week of November, 2018 TBD

II. PROPOSAL REQUIREMENTS

All proposers must adhere to the following elements in the preparation and submittal of their proposals to the TOWN.

A. Proposals shall be submitted in writing and contain a cover sheet, proposal/scope of work, and proposed timeline for project completion. The following paragraphs briefly outline what is desired response information that must be included with the proposal.

B. The cover sheet shall identify the proposer’s name, phone number, fax number and email address of the person(s) who may be contacted to answer

3

mailto:[email protected]

questions and to notify of the award. Also, the cover sheet shall state who prepared the proposal and how they can be reached. The letter must be signed by the proposer, and should be limited to two (2) pages. Consortiums, joint ventures or teams submitting proposals, although permitted and encouraged, will not be considered to be responsive unless it is established that all contractual responsibility shall rest solely with one firm or one legal entity, which shall not be a subsidiary or affiliate with limited resources. Indicate the entity responsible for execution on behalf of the team, if applicable.

C. Provide a statement of the proposer’s corporate status and background, including but not necessarily limited to the following: Legal status; organizational structure; current list of owners, officers and principals; management philosophy; brief history; type(s) of business conducted; business locations and facilities; customer base; and ability to obtain the required insurance.

D. Reference contacts for prior customers shall be provided. Please include name, business or agency affiliation, phone number, the type of project completed, dates of project, the original project budget, the final project budget, and an explanation of any variance from original and final project cost. Include any projects for other ski-resort towns or cities.

E. Describe the qualifications, experience, and availability of the proposer’s candidate for project manager. Proposers are advised that failure to provide the individual selected as project manager as indicated in the proposal may constitute cause for cancellation of contract award or termination of any Agreement between the TOWN and the proposer. Additionally, describe other key personnel who will contribute to the Project with appropriate expertise in transit operations, system design, and facility construction. Such descriptions shall include, but not necessarily be limited to name and job title, years of experience, qualifications, expertise, and availability. Include resumes as available.

F. Describe the approach that the proposer would take in designing the project to meet the Town’s needs. Project approach should be concise. Design processes and elements should be detailed in this section of the proposal. Any other creative or innovative ideas should be detailed in this section.

I. Provide an estimated schedule that includes constraints, critical issues, meeting dates, review periods, and delivery of documents. The proposer is encouraged to review the site and attend the pre-proposal conference to determine the scope of the project.

H. Proposal shall include a fee schedule for each task. Provide a complete line item budget for the work with explanations as necessary to complete the Project as specified in the RFP, its attachments and other documents referenced. Each proposer shall certify that its price proposal shall remain valid for a period of at least one hundred and twenty (120) days. In the event that a contract award

4

by the TOWN is delayed beyond the 120-day period, such award shall be conditioned upon the proposer's acceptance.

I. Provide a statement of the proposer’s financial condition relative to the performance of this Project, specifically addressing ability to finance and maintain cash flow during the Project. Include an audited financial statement prepared by a certified public accountant, consisting of balance sheet, income statement, applicable notes and disclosures, and statement of changes in financial position, of the proposer’s firm covering the past three (3) fiscal years (or since commencement of operations, if less than three years), and an audited financial statement of any sub-consultant(s) proposed to perform twenty percent (20%) or more of the Project work, covering the past two (2) fiscal years. The most recent year’s financial statements must include either an Auditor's Report Letter or an Accountant's Review Letter.

In the event the proposer intends to borrow any funds to finance any portion of the work pertaining to this Project, a letter of intent from the bank or other lending agency must be attached, indicating the minimum amount which will be loaned and the applicable percentage rate of interest to be charged. The letter of intent may contain the qualification that the loan will only be consummated upon award of a contract by the TOWN.

Financial information submitted to establish the financial capability, price proposal, overhead rates, and other aspects of the proposer’s fiscal condition shall be handled as confidential data and utilized on a "need-to-know" basis for proposal evaluation. The TOWN shall make all reasonable efforts to avoid disclosure to parties unrelated to the proposal evaluation process.

J. The proposer must provide the minimum insurance coverage levels specified in paragraph V in the RFP, and give evidence of same with copies of certificate(s) of insurance or letter(s) of intent to provide insurance from competent provider(s) doing business in the State of Colorado with an “A” rating as shown in the most recent edition of “Best’s Insurance Reports.”

K. Attachment B: Acknowledgment of Receipt of RFP Packet and Addenda: This form must be completed and signed by the proposer, and attached to the proposal. The form is attached to this RFP.

Any proposal not submitted in this format shall be deemed to be non-responsive and shall not be considered further by the TOWN. The signer of the proposal must declare that the only person(s), company or parties interested in the contract as principals are named herein; that it is, in all respects, fair and in good faith without collusion or fraud; and that the signer of the proposal has the authority to bind the principal offeror.

5

III. INSURANCE REQUIREMENTS

A. Vendor shall provide at their own expense the following insurance for themselves and their employees in connection with their work under this project, and provide the FREE RIDE with a certificate of insurance with the following minimum coverages:

1. Worker’s Compensation: Statutory

2. General Liability: $1,000,000 each occurrence and aggregate

3. Auto Liability Insurance: $500,000 each occurrence and $1,000,000 aggregate

B. The vendor/contractor shall indemnify and hold harmless the FREE RIDE and TOWN against and from all liability, claims, damages, demands and cost; including attorney fees of every kind and nature, and attributable to bodily injury, sickness, disease or death or to damage or destruction of property resulting from or in any manner arising out of or in connection with the Project and the performance of the work under this contract.

IV. AWARD OF CONTRACT

Each responsive proposal received by the TOWN shall be evaluated in a consistent manner as described in this subsection. A responsive proposal is one, which complies with all material aspects of the solicitation, both as to the method and timeliness of submission, and as to the substance of any resulting contract. Prospective proposers are advised to submit all required forms, attachments, insurance certificates, and other information as requested in the RFP. The TOWN shall identify proposers who are considered to be best qualified to perform the work required by the TOWN.

An evaluation committee comprised of Public Works staff will review all responsive technical proposals. A weighted evaluation methodology shall be used to rank each proposal, using the evaluation criteria and relative weighting indicated on the table included herein as Attachment D.

At the Town’s option, the best qualified firms may be invited to participate in oral interviews with the evaluation committee for the purpose of clarifying and confirming offerings and assertions made in the technical proposals.

The TOWN reserves the right to delay making an award as necessary to permit proper study and analysis of all proposals received, to split award on proposals, to reject any or all proposals received, and to make a pre-award survey to determine the capability of any or all proposers. The TOWN reserves the right to reject any or all proposals if it believes there is a sound documented business reason for doing so, and to negotiate matters of Consultant performance, project schedule and other issues not directly

6

related to the proposal price submitted prior to awarding a contract. The TOWN further reserves the right to cancel the procurement process at any time during the evaluation process if it appears that the proposals received are not suitable for any reason whatsoever.

V. GENERAL CONDITIONS

A. Pre-proposal Conference A pre-proposal conference will be held at the administrative offices of Town of Breckenridge Public Works Department, 1095 Airport Road, on Friday, October 5 th at 1:00 p.m. MDT, for the purpose of reviewing the project and responding to questions or clarification regarding the contents of this RFP. Proposers must attend the pre-proposal conference. Proposers may attend telephonically by conference call. Call information will be made available upon request.

B. Inquiries Any and all proposers may make inquiries in writing to TOWN at any time prior to 5:00 pm MDT on Friday, October 12, 2018. Any written question of a proposer regarding the meaning or interpretation of the RFP, work scope, specifications, etc., must be submitted to the TOWN prior to the above-specified date. All clarifications given to any prospective proposer shall be similarly furnished to all prospective proposers in summary form as an addendum to this RFP if the lack of such information could reasonably be considered prejudicial towards uninformed proposers. No technical assistance shall be given by the TOWN to any proposer in preparation of its proposal.

Written inquiries shall be directed to:

Fred WilliamsonTown of Breckenridge – Free Ride Transit System

P.O. Box 168Breckenridge, Colorado 80424

[email protected]

C. Addenda Any or all changes, additions, or clarifications in connection with this RFP shall be issued by the TOWN in the form of written addenda. Each proposer must sign the “Acknowledgment of Receipt of RFP Packet and Addenda” form (Attachment A) and submit the executed form with its proposal. Oral comments, responses and/or representations shall not be binding upon the TOWN.

D. Consideration of Proposals The TOWN reserves all rights to investigate the qualifications of any and all individuals

7

and firms under consideration, to perform a financial audit of one or more firms, to confirm any part of the information furnished in a proposal, and to require further evidence of managerial, financial or professional capabilities which are considered necessary for the successful performance of work described in this RFP. The TOWN reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received.

E. Disclosure of Proposal Contents All proposals and supporting documents, except such information that discloses proprietary or financial information submitted in response to qualification statements, becomes public information held in custody of the TOWN after the proposal submittal date given in this RFP. The TOWN assumes no liability for the use or disclosure of technical or cost data submitted by any proposer.

Nevertheless, if a proposal contains information that the respondent does not want disclosed to the public, or used for any purpose other than the evaluation of this offer, all such information must be indicated with the following or similar statement:

"The information contained on pages ________ shall not be duplicated, used in whole or in part for any purpose other than to evaluate the proposal provided; that if a contract is awarded to this firm as a result of the submission of such information, the Town of Breckenridge shall have the right to duplicate, use or disclose this information to the extent provided in the contract. This restriction does not limit the Town of Breckenridge’s right to use the information contained herein if obtained from another source."

All such nondisclosure items specified in the proposal shall be subject to disclosure as provided in Part 2 of Article 72 of Title 24, C.R.S. ("The Colorado Public Records Act") or as otherwise provided by law.

F. Original Proposal The successful proposal must be an original work product of the submitting individual, firm, or team. Copying, paraphrasing, or otherwise using significant portions of the work product of another organization when presenting a proposal to the TOWN shall not be permitted. Failure to adhere to this instruction may result in the rejection of the proposal.

G. Investigation of Conditions All proposers are encouraged to review this RFP carefully and to investigate all conditions involved in the execution of work. The selected firm shall not be allowed additional compensation for items on which it has failed to inform itself prior to the opening of proposals.

H. Withdrawal of Proposal Prior to the due date indicated in the RFP packet, any proposer may withdraw its

8

proposal submitted to the TOWN by written, telegraphic, fax notification, or in person by a firm principal or authorized representative, provided his/her identity is made known and a receipt is signed for the return of the proposal. Regardless of form, such notice must be in written form and received by the TOWN prior to the hour and date specified for receipt of proposals. After proposals are opened as prescribed herein, proposals must be withdrawn within (30) calendar days. Negligence on the part of a proposer in preparing its proposal shall not confer a right of withdrawal after the date proposals are received by the TOWN.

I. Single Proposal Response In the event that only one (1) proposal is received in response to this RFP, the TOWN may require assistance from the single responsive and responsible proposer in the preparation of a proposal price analysis in order to determine whether the single proposal received by the TOWN is fair and reasonable.

J. Conflicts and Inconsistencies In the event of a conflict or inconsistency between any of the RFP and attachments, including scope of work, specifications, and the Appendix thereto, the Town shall resolve such conflict or inconsistency and provide written notice of the single interpretation to all known proposers by written addendum.

K. Contract Award The TOWN maintains the right, but shall be under no obligation, to award a contract to the responsive and responsible proposer whose offer is deemed by the TOWN to be most advantageous to the TOWN as determined by capability, qualifications, and other factors set forth herein. A contract for this project may not be awarded, nor any work commenced on the project, until after a grant contract with the Colorado Department of Transportation is finalized. Proposers are hereby advised that contract award is subject to approval by the Town Council.

L. News Releases Written approval by the TOWN is required prior to any public disclosure regarding this RFP or any subsequent awards.

M. Cost of Proposal Preparation The TOWN shall not be liable for any costs or expenses incurred for preparation of proposals submitted in response to this RFP or for any other cost incurred prior to issuance of a formal Notice to Proceed. Proposers shall not include such expenses as part of the price proposed. The TOWN shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.

N. Omission of Details No advantage shall be taken by any proposer as a result of the omission of any parts or details which are necessary for the provision of detailed design and engineering services even though such details may not be mentioned in this RFP.

9

O. Inclusion The submitted proposal will become a part of any contract or Purchase Order issued for this project.



Attachments

A. Project Scope of WorkB. Acknowledgment of Receipt of RFP Packet and Addenda C. Evaluation CriteriaD. Submittal Cover Sheet

10

TOWN OF BRECKENRIDGE – FREE RIDE TRANSIT SYSTEM Request For Proposal Transit Master Plan StudyProposal Deadline: 5:00 pm October 26, 2018

ATTACHMENT A

PROJECT SCOPE OF WORK

Town of Breckenridge Master Transit Plan StudyTown of Breckenridge

September, 2018

Background:

The Town of Breckenridge (TOB) currently provides public transit service within the Town Limits via a spoke and hub fixed route system called the Free Ride Transit System. The Town works in coordination with the Breckenridge Ski Resort (BSR) transportation department to provide transit services within Breckenridge. A schedule is published for routes that are operated by these transit systems. TOB services are coordinated with the county operated transit system, the Summit Stage, for Breckenridge. These transit providers share the use on an intermodal transit center located at the base of the Breck Connect Gondola.

A combination of thousands of visitors and commuters descending on the Town on busy days, mostly by automobile, results in severe traffic congestion on roads leading in and out of town during peak hours. Within town, this is exacerbated by motorists “circling” for parking and by residents and visitors using cars for short trips, due to a real or perceived lack of convenient alternatives. Additionally, the problem has grown worse over time as numbers of visitors have increased. The annual number of “gridlock days” has increased from less than 15 several years ago to over 25 in the winter of 2016/17.

In 2001, Charlier Associates prepared a Transportation, Circulation, and Main Street Reconstruction Plan for the Town of Breckenridge. In 2009 TOB completed a Transit Master

11

Plan study that was inclusive of analyzing the Free Ride for efficiency and maximization of resources.

Since 2000, it has been the goal of the Town of Breckenridge to create a destination resort which is non-auto dependent. The basis of the 2001 Charlier Associates study was to provide a road map of recommendations that would move the community toward the achievement of the overarching goal. The community has prepared and adopted a Vision Plan that called for, among other things, improved transportation. Throughout the visioning process, participants consistently cited traffic, parking, and transportation issues as a primary concern that impacts the livability of the Town of Breckenridge. A Transit Operations Study was done in a 2008 by LSC Transportation Consultants, Inc.

A study was conducted in 2016 to identify possible solutions to this extreme congestion. A number of transportation and urban design-related concerns commonly expressed were

Preserving Breckenridge’s historic “mountain town” character Ensuring a customer-friendly experience for visitors, residents and employees Providing support for downtown businesses Reducing traffic and increasing parking availability Providing frequent, reliable and accessible transit service “Improve Guest Experience” “Get People Out of Cars “Improve Wayfinding” Increased use of the intercept parking lots with improved transit into town To Further the goals of the Town's Vision Plan through developing recommendations for

environmental, economic and social sustainability by integrating the use of Electric buses into the Transit Plan

The final plan will support the following strategies found in the Regional Transit Plan dated

December 2014:

o Strategy 1.1 p72: Maintain operation of existing services to support the travel

needs of residents, employees and tourists throughout the region.

o Strategy 1.3 p73: Improve transit facilities and infrastructure (e.g., bus

shelters/stations, park and rides, transfer centers/stations,

operations/maintenance/administrative facilities) to make transit more attractive

to tourists, employees and residents.

o Strategy 2.1 p73: Expand and/or enhance local and regional services, especially

on congested commuter corridors such as I-70, SH 82, US 6, and SH 9.

o Strategy 3.1 p 74: Implement capital improvements and technology enhancements

for end users of the system.

12

Project Objectives:

This TOB Transit Master Plan will provide an opportunity to analyze transit options and to offer scenarios. The resultant plan should establish a structure for future transit services, routes and capital expansions.

Objectives for this study include:

1. Analysis of current Transit servicesa. Analyzing the current transit service (routes and schedule) (both in house and

outsourced) available to the community will help to provide an accurate picture of what level of service is being provided.

i. Analysis would include the current connectivity to Summit County’s transit agency (Summit Stage).

2. Future needs with emphasis ona. Include identified areas of expansion and evaluate the latent demand for transit

services and recognize areas of need: i. parking lots and structures,

ii. The redevelopment of the main transit center iii. Development of additional transit stations

1. Provide land use and availability considerationsiv. Multiple modal possibilities

1. Connectivity to other transit agencies such as Summit Stage, Bustang and etc.

2. Rideshare, bicycles, and pedestrian connectivity to transit station and services

v. Transit-specific market growth (future housing developments, students, zero-vehicle households, seniors, multi-family residents, etc.)

vi. Recommendations to increase ridership3. This study will need to include the current and future use of the ITS for the transit system

and recommendations to reduce traffic congestion and improve wayfinding. 4. Routes adaptable to Battery Electric

a. Include infrastructure needs and route modifications needed to use electric busesb. Data and specifications of electric buses; current and in development

5. How expansion will be fundeda. Overall grant and other funding opportunities b. Review of state and federal current and proposed legislation that provides

transportation funding options6. Analysis of Transit personnel structure compared to similar transit organizations

a. Number of drivers and support staffb. Schedulesc. Structured. Make recommendations that would improve effectiveness, reliability, efficiency

and any other problems identified in this study if needed.7. Evaluate Breckenridge Station operation.

a. Traffic Flow

14

b. Expansion Potential 8. Evaluate the need for “Demand response service” for those areas that are within the town

service area. a. This exercise should determine the cost and demand as well as the operational

impacts associated with a service of this type.9. Identify any efficiencies of consolidating between the town and ski area transit operations 10. Identify performance guidelines that will allow Transit staff to determine if future

proposed routes would be feasible and productive. Some examples are:i. Physical route conditions

ii. Road grade and widthiii. Turn around areaiv. Ridership projection formulasv. Desired population with in route area

vi. Any other characteristics that should be expected or are appropriate for service consideration

11. Analysis of fleet vs. similar agenciesa. Number of Mechanicsb. Schedulesc. Bus availability ratiod. Preventative maintenance schedule

Draft and Final Reports: The consultant team will compile a Draft Final Report, with an Executive Summary, for review by TOB staff. The Draft Final report will be given to TOB electronically, and any comments received will be incorporated into a final electronic version of the document. The Final Report, including both the source files (in Word and Excel) and PDF formatted documents will be provided to the TOB electronically. This Final Report will be presented to the Town Council for the Town of Breckenridge.

Deliverables: Public outreach for the study will be targeted toward potential users of the report. Specific deliverables include:

A report with executive summary and easy to read graphics:

16 bound copies of full report 30 bound copies of executive summary 1 electronic copy containing reports and power point presentations

PowerPoint presentation to the following groups may be desired:

Free Ride Transit Advisory Committee Town Council for the Town of Breckenridge

Project Schedule:

This study will take an estimated six months to complete once a consultant is chosen through a competitive bid process. A consultant is anticipated to be selected in the fall, 2018, with the study to begin no later than December 17, 2018, and completing by April, 2019.

15

Contacts:

16

Fred WilliamsonTransit Manager - Free Ride Transit SystemTown of Breckenridge P.O. Box 168, Breckenridge, CO [email protected] 970-547-3141 (direct)970-453-0693 (fax)

Jennifer PullenAssistant Director Public WorksTown of BreckenridgePO Box 168, Breckenridge, CO [email protected]




ATTACHMENT B

Acknowledgment of Receipt of RFP Packet and Addenda ATTACHMENT B

ACKNOWLEDGMENT OF RECEIPT OF RFP PACKET AND ADDENDAS

The undersigned hereby acknowledges receipt of the Town of Breckenridge Request for Proposals (RFP) packet for the Integrated Transportation Feasibility Study, and the following addenda issued during the procurement process.

Addendum #1: ______________________________________ dated _________

Addendum #2: ______________________________________ dated _________

Addendum #3: ______________________________________ dated _________

Failure to acknowledge receipt of the proposal packet and all addenda issued may cause the proposal to be considered non-responsive to this solicitation.

Name of Proposer: _______________________________

Signature of Proposer: _______________________________

17

Date: ______________________________

18


ATTACHMENT C

FEDERAL TRANSIT ADMINISTRATIONFEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES

1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

Applicability to ContractsApplicable to all contracts.

Flow DownNot 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/LanguageWhile 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.

19

2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)

Applicability to ContractsThese requirements are applicable to all contracts.

Flow DownThese requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements.

Model Clause/LanguageThese 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 that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

3. ACCESS TO RECORDS AND REPORTS (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)

Applicability to ContractsReference Chart "Requirements for Access to Records and Reports by Type of Contracts"

Flow Down20

FTA does not require the inclusion of these requirements in subcontracts.

Model Clause/LanguageThe 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 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

21

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

StockProfessional

Services

I State Grantees

a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects

None None unless1

non-competitive award

Those imposed on state pass thru to Contractor

None Yes, if non-competitive award or if funded thru2 5307/5309/5311

None None unless non-competitive award



II Non State Grantees

a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects

Yes3

Yes3

Those imposed on non-state Grantee pass thru to Contractor

Yes Yes

Yes Yes

Yes Yes

Yes Yes

Sources of Authority:1 49 USC 5325 (a)2 49 CFR 633.173 18 CFR 18.36 (i)

4. FEDERAL CHANGES (49 CFR Part 18)

Applicability to ContractsThe Federal Changes requirement applies to all contracts.

Flow DownThe Federal Changes requirement flows down appropriately to each applicable changed requirement.

Model Clause/LanguageNo 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

22

may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

5. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)

Applicability to ContractsThe Civil Rights Requirements apply to all contracts.

Flow DownThe Civil Rights requirements flow down to all third party contractors and their contracts at every tier.

Model Clause/LanguageThe 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

23

may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1E)

Applicability to ContractsThe 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.

7. ENERGY CONSERVATION REQUIREMENTS (42 U.S.C. 6321 et seq. 49 CFR Part 18)

Applicability to ContractsThe Energy Conservation requirements are applicable to all contracts.

Flow DownThe Energy Conservation requirements extend to all third party contractors and their

24

contracts at every tier and subrecipients and their subagreements at every tier.

Model Clause/LanguageNo 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.

8. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1E)

Applicability to ContractsAll 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 DownThe 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/LanguageFTA 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

25

contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions

If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is 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

26

other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.

If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient).

h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work.

The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-

1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such 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.

27

i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process.

If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.

If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.

j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor.

If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.

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.

9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

28

Background and ApplicabilityIn 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 LanguageThe 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 DebarmentThis 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 Town of Breckenridge. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the Town of Breckenridge, 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.

29

10. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26)

Background and ApplicabilityThe 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 LanguageThe 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 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 5 % DBE participation has been established for this procurement.

30

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 Town of Breckenridge 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)).

31

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below.

(1)It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR part 180,

(2)To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:

a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:

(1) Debarred,(2) Suspended,(3) Proposed for debarment,(4) Declared ineligible,(5) Voluntarily excluded, or(6) Disqualified,

b. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for:

(1)Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction,

(2)Violation of any Federal or State antitrust statute, or(3)Commission of embezzlement, theft, forgery, bribery, falsification or

destruction of records, making any false statement, or receiving stolen property,

c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification,

d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification,

32

e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA,

f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:

(1)Equals or exceeds $25,000,(2) Is for audit services, or(3)Requires the consent of a Federal official, and

g. It will require that each covered lower tier contractor and subcontractor:(1)Comply and facilitate compliance with the Federal requirements of 2 CFR parts

180 and 1200, and(2)Assure that each lower tier participant in its Project is not presently

declared by any Federal department or agency to be:

a. Debarred from participation in its federally funded Project,b. Suspended from participation in its federally funded Project,c. Proposed for debarment from participation in its federally funded

Project,d. Declared ineligible to participate in its federally funded Project,e. Voluntarily excluded from participation in its federally funded Project, orf. Disqualified from participation in its federally funded Project, and

3. It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third-Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.

Certification

Contractor_____________________________________________

Signature of Authorized Official _____________________________________________

Date _____/_____/______

Name and Title of Contractor's Authorized Official _____________________________________________

33



ATTACHMENTD

Draft Evaluation CriteriaTown of BreckenridgeFree Ride Transit SystemTransit Master Plan Study First Round Consultant Draft Proposal Evaluation Form

EVALUATION CRITERIA VALUE FIRMS SUBMITTING PROPOSALS

RFP Quality 10

SIMILAR PROJECT EXPERIENCE & TEAM QUALIFICATIONS

25

ESTIMATING & COST CONTROL CAPABILITIES

25

PROPOSED PROJECT APPROACH 25

REFERENCES 15

TOTAL 100

34



ATTACHMENT E

Submittal Cover SheetPROPOSAL SUBMITTAL CHECKLIST This form must be completed and returned with the proposal submittal.Please initial by each required component as a check step.

Attachment DescriptionProposer’sInitials

Town’sInitials

Signed Cover LetterOrganizational InformationReferencesProject Management and PersonnelProject ApproachEstimated ScheduleFee Schedule with itemized tasksFinancial InformationStatement of Insurance

B

C

Acknowledgment of Receipt of RFP Packet and AddendaRequired Certificates of Assurances

Name of Proposer: ______________________________________________________35

Signature of Proposer: _________________________________________________

Date: ____________________________________

36

coloradotransit.com · web viewtown of breckenridge – free ride transit system. request for...

Documents