Request for Proposal (RFP) Scott Ponds Natural Area Dam … Engineering Services for data collection, hazard classification and design of dam and natural area, and coordination with

\\\

Request for Proposal (RFP)

Scott Ponds Natural Area Dam Modification: Hazard Classification and Consulting Engineering Services

Date: April 9, 2015

Prepared by: Town of Estes Park, Department of Public Works

Proposals must be received and stamped on or before April 30, 2015 at 3:00 pm at this location:

Kevin Ash, P.E., Dept. of Public Works, Town of Estes Park

170 MacGregor Avenue Estes Park, CO 80517

(970) 577-3586

Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works - April 9, 2015

Table of Contents

1.0 SOLICITATION OVERVIEW........................................................................................................ 1

2.0 SUMMARY OF OPPORTUNITY ................................................................................................. 1

2.1 Purpose .......................................................................................................................................... 1

2.2 Expected Result .............................................................................................................................. 2

2.3 Award ............................................................................................................................................. 2

2.4 Project Background......................................................................................................................... 3

3.0 SCOPE OF SERVICES REQUIRED .............................................................................................. 4

3.1 Scope Refinement by Consultant.................................................................................................... 4 3.2 NEPA Analysis and Compliance Development................................................................................ 5

3.3 Engineering Services....................................................................................................................... 5

3.3.1 Research and Pre-Design Documentation...................................................................................... 5

3.3.2 Reference Documents..................................................................................................................... 7

3.3.3 Data Collection and Presentation and Conceptual Design............................................................. 8

3.3.4 30% Engineering Design Documentation…….................................................................................. 9

3.3.5 Permitting…………………………………………….…….................................................................................. 9

3.3.6 90% Engineering Design Documentation……................................................................................ 10

3.3.7 Final Engineering Design Documentation..................................................................................... 11

3.3.7.1 Final Utility Agreements............................................……………………………………............................. 11

3.3.7.2 Final Plans...................................................................……………………………………………………........... 11

3.3.7.3 Specifications and Cost Estimate.................................................................................................. 12

3.3.7.4 Construction Contract Documents............................................................................................... 12

3.3.7.5 Bid Phase and Construction Administration................................................................................. 12


3.3.8 Supplemental Consultant Guidelines........................................................................................... 12

3.3.9 Technical Support......................................……………………………………............................................. 13

3.3.10 Schedule and Execution......................…………………………………….................................................... 14

4.0 PREPARATION OF PROPOSALS – INSTRUCTIONS TO CONSULTANTS....................................... 15

4.1 Communications While Preparing Proposals................................................................................ 15

4.2 Proposed Project Schedule........................................................................................................... 15

4.3 PROPOSALS ......................................................…………………......................................................... 16

4.3.1 Submittal of Proposals ................................................................................................................. 16

4.3.2 Proposal Contents ....................……………………………………………………………………............................. 17

4.3.2.1 Letter of Transmittal..................……………………………………………………………………….......................... 18

4.3.2.2 Project Team Qualifications…………………………………………………………………………..………………………… 18

4.3.2.3 Technical Approach and Schedule………………………………….……………………………..…………….…….……. 19

4.3.2.4 Rate Schedule and Consultant’s Fees ……………………………………………………………………………………… 20

5.0 PROPOSAL EVALUATION........................................................................................................ 21

5.1 Proposal Evaluation Criteria ......................................................................................................... 21

6.0 CONTRACT, TERMS AND CONDITIONS................................................................................... 23

6.1 Contract Formation......................................................………………………………..…........................... 23

6.2 Solicitation Amendments......................................………………………………….................................... 23

6.3 Incorporation of Documents......................................................................................................... 23

6.4 Right to Cancel..................................................................................…………………......................... 23

6.5 Commencement.....................................................................................…………………................... 23

6.6 Variation from Request for Proposal............................................................................................ 24

6.7 State of Colorado Licenses............................................................................................................ 24

6.8 Insurance...................................................................................................................................... 24


6.9 References and Conflict of Interest Inquiry.................................................................................. 24

6.10 Project Interfacing ........................................................................................................................ 24

6.11 Project Documentation and Deliverables..................................................................................... 25

6.12 Fees and Payment ........................................................................................................................ 26

6.13 Sub-consultants ............................................................................................................................ 26

6.14 Financial Capabilities .................................................................................................................... 26

6.15 Conflicts of Interest....................................................................................................................... 27

6.16 Handling of Information................................................................................................................ 27

EXHIBIT A: Acceptance of Conditions Statement & Attestation of Interests

EXHIBIT B: Consultant’s Personnel and Sub-consultant’s Listing

EXHIBIT C: Statement Regarding Illegal Aliens

EXHIBIT D: Reference Authorization and Release Form

EXHIBIT E: NEPA Financial Disclosure Statement

EXHIBIT F: Federally Required Clauses – For Design Professionals

EXHIBIT G: Federally Required Clauses – For Construction

EXHIBIT H: Sample Draft Contract – Town of Estes Park

Page 1 of 27

1.0 SOLICITATION OVERVIEW

The Town of Estes Park, Colorado (the “Town”) is soliciting proposals for the Scott Ponds Natural Area Dam Modification, envisioned as redesign and reconstruction of at least one dam and the adjacent drainage and natural area. Engineering Services for data collection, hazard classification and design of dam and natural area, and coordination with National Environmental Policy Act (NEPA) documentation (separate entity, AEGIS will perform the documentation) are required, as well as construction administrative services for a fast paced construction project. It is expected that FEMA and CDGB-DR funds will be used for this project. The Town is the lead agency on this project, however, Colorado Division of Homeland Security and Emergency Management and Department of Local Affairs (DOLA) are instrumental partners in this project. Please note immediate commencement of work, completion of construction, and all grant documentation, by March 15, 2016 requirement.

2.0 SUMMARY OF OPPORTUNITY 2.1 Purpose Please note: The project timeline/works schedule is aggressive due to the directive placed on the Town by the Division of Water Resources - State Engineer’s Office – Dam Safety Engineer and grant funding requirements. Inspection reports completed after the dam failure in September 2013 indicate a need for required engineering Action Plan in place for compliance with State dam standards by a deadline of November 2015 and funding source requirements impose a strict requirement to have a complete, constructed project by February 15, 2016.

Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015

Page 2 of 27

The purpose of this solicitation is to establish a contract with a Third Party Contractor/Applicant (“Consultant”) for: A. Assessment of Flood Hazards and development of Hazards Risk Assessment. B. Coordination with required NEPA documentation. C. Consulting Engineering Services for conceptual design, design development and final design of Scott

Ponds Natural Area, including Dam as recommended in Hazard Risk Assessment. D. Construction Administration and Grant Documentation requirements. E. Establish a fee table for potential additional services. Provide either a fee for added scope

(preferred method) based on foreseeable tasks or an hourly rate with time estimate to provide any potential additional services.

2.2 Expected Result The Town of Estes Park seeks to acquire consultant services and expertise that best meet the Town of Estes Park’s needs and offers best value. 2.3 Award Only one successful applying Consultant will be identified via this procurement and only one Contract will be awarded.


Page 3 of 27

2.4 Project Background

Prior to the 2013 Flood Event in Estes Park, the Scott Ponds Natural Area (SPNA) consisted of a drainage area with wet meadows upstream of two excavated ponds, impounded by two earthen dams. During the September 2013 flood, the east dam was breached due to the flood waters and the west dam suffered significant damage which contributed to downstream Fish Creek corridor property and infrastructure damage. The goal of the Scott Pond dams Modification project is to reduce hazards to downstream properties and infrastructure – while providing a community amenity that supports outdoor recreation, environmental quality and wildlife interaction. It will preserve recreational activities and wildlife habitat, and ponds that have supplied water to fire-fighting efforts in this part of the Estes community. The following statements from John Batka, P.E., Dam Safety Engineer for DWR, from a letter to Frank Lancaster, Town Administrator for Estes Park, dated March 11, 2015, summarize the damage to the two dams: “During the September 2013 flood, the Lower Carriage Hills dam failed and the Upper Carriage Hills Dam was significantly damaged as a result of the overtopping and spillway flow occurring from this rain event. The Upper Dam did survive this flood, but after evaluation, problems were noted that could threaten the safety of the dam during future rain events. Of the deficiencies noted, the most significant is repair of flood related erosion on the downstream slope, modification of the existing outlet structure so the reservoir can be lowered for maintenance and emergency situations, and design of an emergency spillway that complies with current dam safety rules to prevent the damage and the near failure experienced during the 2013 flood from happening again. The Carriage Hills Dams are a significant amenity for the residence of Estes Park but can also pose a risk to the public living downstream if not properly designed and maintained.” Also from Mr. Batka’s letter, “The State Engineer’s Office has been working with the Town and has imposed a deadline of November 2015 for implementation of a plan to address these deficiencies and improve the safety of the dam.” [Note: Upper Carriage Hills Dam is referred to in this document as the West Dam and Lower Carriage Hills Dam is referred to in this document as the East Dam.] The Scott Ponds Natural Area Dam Modification Project supports ideals that are key to Estes Park residents and why they live here: outdoor recreation, environmental quality, wildlife interaction, natural resources. The Scott Ponds Natural Area is known for its environmental benefit to the community. The dams provide a setting that is attractive to many species of wildlife. The opportunity for people to interact with nature in a positive manner is enhanced by a body of water that is created by dams. Beavers, fish, birds, elk and many other wildlife are all very active in the area. The Town of Estes Park is committed to environmental quality and has directed Town Staff to pursue options to keep its property in a condition that is an amenity to the community. Overall, the modification of the Scott Pond dams will contribute greatly to the resiliency of the Fish Creek corridor and the entire Estes Valley area by preparing for the next flood event. The modification of the dams will be a step forward in addressing resiliency to future flood events.


Page 4 of 27

3.0 SCOPE OF SERVICES REQUIRED

This project involves modification of the Scott Pond dams within the Carriage Hills Development in the Town of Estes Park. Modification of the dams will reduce the hazard classification of the dams and reduce the risk of damage to downstream properties and infrastructure. The Consultant will work with the State Engineers Office to develop conceptual designs that will be in

compliance with current standards for dam construction. Possible work involved includes but is not limited to regrading of the east existing dam structure, installation of new outlet works upgrade of the overflow channels (spillways) on the west dam, regrading and revegetation of disturbed areas. Preliminary and Final Engineering plans will be developed concurrently with an environmental study (by others. Bid documents for construction will be developed and a contract issued for construction services. Following stakeholder review and comment, final analysis and design will be conducted to respond to comments as directed and finalize design concepts, then develop construction documents to include a construction drawing set and construction specifications. The submittals will be a 30% complete set, 90% review set and then a Final (100%) set. Plans and specifications will conform to the latest Rules and Regulations for Dam Safety and Dam Construction. The project does not include any properties currently located in a floodway or regulatory floodplain. At this time there is no known significant environmental, historic, or cultural feature affected by the project. This will be determined during the environmental assessment completed by others (with support from consultant proposing on this project) at the beginning of the project. Potential additional services are to be outlined with fee for any potential additional documentation. Additional project information is available at www.estes.org/RFP Kick-Off Meeting: The Consultant must conduct a meeting with Town of Estes Park Staff and other Stakeholders to introduce the project team and discuss project goals immediately following issuance of Notice to Proceed. Project Schedule must be maintained. Construction and Grant Documentation of Project must be completed by March 15, 2016, or grant funding is jeopardized and lost. 3.1 Scope Refinement by Consultant

1. Consultant shall review NEPA documentation and project site and resources to be investigated and confirm coordination with NEPA compliance.

2. In addition to NEPA compliance and permitting, Consultant will establish all additional federal, state and local permits required for design and pre-construction of this project.

3. Consultant will submit a final consolidated list of these permits with due dates and order of sequence to the Town of Estes Park for review and approval.

http://www.estes.org/RFP


Page 5 of 27

4. Consultant shall recommend any adjustments necessary for the scope of work outlined in this request for proposal for Town of Estes Park approval. Services required for these adjustments are to be included as part of original proposal.

3.2 NEPA Analysis and Compliance Development Consultant to this proposal will not provide NEPA documentation (additional consultant will be responsible for NEPA documentation), however, Consultant to this proposal will need to coordinate and provide survey, design and other data required for completion of NEPA documentation. NEPA documentation will occur partially concurrently (general work) and partially following (place specific work) Conceptual Design. All portions of the work designed with or constructed with federal funding (all portions of this work) will require NEPA analysis and permitting. No significant environmental impacts are anticipated as a result of this project. It is intended that identified impacts will be offset with implementation of appropriate mitigation measures or best management practices.

3.3 Engineering Services Engineering Services will include research, survey and engineering design through construction documentation work, public process facilitation and presentation to Town Staff and Administration at Town Board meetings. All Design deliverables will be delivered as:

Up to Five (5) Hard copy Full sized Sets (24 x 36) – confirm necessity for each submittal Three (3)Hard Copy 11x 17 Sets One (1) electronic PDF Set One (1) Set of Electronic CAD or modeling files for use by Town of Estes Park.

3.3.1 Research and Pre-Design Documentation:

For Reference: Scott Ponds Natural Area Dam Modification Project coordinates: 40.34852, -105.52178 (decimal degrees), directly adjacent to and north of the properties between 1120 Lakeshore Drive – 1200 Lakeshore Drive, Estes Park, CO 80517. Information gathering from various Town Departments, including Public Works, Utilities, Community Development and Administrative Services will be required. Some of these documents already collected include previous Scott Ponds Studies which should be considered with input from Town Staff.

Consultant will familiarize themselves with and confer with the Town on applicability of information contained in: Town of Estes Park SPNA Restoration Objectives – 2015 Fish Creek Master Plan for Resiliency The Plan outlines resiliency strategies that this project addresses, in particular: (1) Resiliency requires understanding the river and working with river processes; (2) Planning should fully accommodate the complexities of river systems and inter-relationships between roads, homes, and infrastructure; and (3) A broad range of public, private and non-profit stakeholders and widespread outreach and education is


Page 6 of 27

necessary to garner public support. In addition, the information garnered from this project will directly align with the following goals of the Plan: Create strategies to reduce the impact of future flooding and geomorphic hazards on the community of Estes Park and its economy. 1. The resiliency idea for the Scott Ponds Natural Area is a return to the beaver dominated riparian corridor that existed prior to dam installations. This is a multiple benefits project with goals to be a: • High quality, connected wildlife habitat corridor, including raptor habitat • High quality recreational corridor with opportunities including hiking, exploring, birding, and fishing (both fishable ponds and riverine fishing) • Natural aesthetic community open space corridor that improves property values • Reduced risk environment 2. The numbers and sizes of pond types (fishable, large beaver, small beaver) will be determined as part of detailed analysis and design phases. Fishable ponds will additionally consider hunting needs of raptor species. 3. All ponds are intended to have freshening flows for fishery health and to reduce areas of stagnant water to reduce the potential for concentrated mosquito populations. Options for freshening flows for in-channel pond or off-channel pond systems will be evaluated as part of detailed analysis and design phases, which will also include permitting considerations. Note that permitting under Section 404 of the Clean Water Act is expected to be more complex for in-channel pond systems. 4. Examples of in-channel pond systems and off-channel pond systems are included in these resiliency ideas, as noted on the maps. 5. The Scott Ponds corridor is understood to have intermittent surface flow and a high groundwater table, factors which will be evaluated as part of detailed analysis and design phases. Given the above negative consequences from the severely below standard dams, it is imperative that it be replaced to increase the resiliency of the Town of Estes Park for future flood events. The general purposes, including the intended outcomes and objectives, of the dams modification project are: 1. Reduce future flood risk in Fish Creek corridor downstream of the Scott Ponds Natural Area. 3. Enable individuals and the community to recover more rapidly from future flood events.

4. Lessen the financial impact of flooding, i.e., reduce the risk of repetitive losses from flooding in the Fish Creek corridor. 5. Protect the safety and well-being of the citizens of the Estes Valley area and visitors. 6. Accomplish flood protection while retaining a recreational riparian area for the community. 7. Increase resiliency of the dams, and thereby the Town, by designing and building it to current State standards. Town of Estes Park Floodplain Management Regulations: The Estes Town Board of Trustees unanimously supported and adopted interim floodplain regulations after the September 2013 flood. Those regulations allow the Floodplain Manager to use best available data for regulatory purposes. The Town is currently regulating to a higher standard than the current Flood Insurance Study. The Scott Pond dams modification will be designed best available data; the same data being used by the State (CDOT and CWCB). Northern Colorado Hazard Mitigation Plan: General flood hazard mitigation goals and action items addressed by each community include, but are not limited to: 1. Review and adjust floodplain areas as necessary. 2. Increase the ability to safely divert storm water.


Page 7 of 27

3. Increase the ability to contain the flow of rivers and streams within their banks. Estes Valley Watershed Coalition (EVWC), formed as a result of the master planning process, will be a lead partner with the Town for continued engagement, coordination, and education.

The following relevant information will be made available from the Dept. of Community Development:

GIS Information (extensive): includes pre-and post-flood imagery, September 2013 high water marks flood data collected by ICON Engineering and Brian Varrella City of Fort Collins Floodplain Manager, FEMA floodplain maps, drainage basins, geo-referenced property damage images, river channel migrations, erosion due to the flood, wildfire hazards, geologic hazards, National Wetland Inventory mapped wetlands, and wildlife habitat (elk, deer, big horn sheep, mountain lions, etc).

Flood Studies: Flood Insurance Study which included hydraulic analysis of Fall River conducted in 1985 after the Lawn Lake Flood; study approved by FEMA. Flood Insurance Rate Maps (FIRMS) updated in 2006. The detailed study for the Town includes BFEs and delineated floodways, making the Town a (d) community in the NFIP.

Flood Documentation: Extensive video taken by Floodplain Manager / Chief Building Official Will Birchfield during and immediately following the flood- September 12 and 13.

Estes Valley Habitat Assessment: Narrative which includes specific detail about and maps which show the locations of: Vegetation communities, sensitive resources- wetlands, riparian vegetation, wildlife habitat- sheep, elk, deer, migratory bird habitat, deer/elk corridors, herbaceous uplands moraines, shrubs and juniper. Created in 2008.

Estes Valley Development Code: Section 7.6 Wetlands and Stream Corridor Protection. Requirements and standards that are which are intended to promote, preserve and enhance the important hydrologic, biological, ecological, aesthetic, recreational and educational functions that stream and river corridors, associated riparian areas and wetlands provide.

3.3.2 Reference Documents

Consultant will need to ensure that work is in compliance with:

A. Estes Valley Comprehensive Plan B. Estes Valley Development Code C. All other applicable adopted Local, State or Federal Codes and Standards including Federal

ADA requirements D. Drainage and Flood Control / Storm Drainage Criteria Manual E. CDOT Roadway Design Guide: Ch. 14: Bicycle and Pedestrian Facilities F. For Design and Construction Documentation including Specifications: State of Colorado,

Department of Natural Resources, Division of Water Resources, Office of the State Engineer, Dam Safety Branch, RULES AND REGULATIONS FOR DAM SAFETY AND CONSTRUCTION – 2-CCR 402-1


Page 8 of 27

Where discrepancy or conflict exists between any of these requirements, the more stringent, as interpreted by the Town of Estes Park and associated regulatory agencies, shall apply.

3.3.3 Data Collection and Presentation and Conceptual Design

Additional data will be collected as identified in the Fish Creek Master Plan report and/or as determined to be necessary during office- and field-level assessments. The Engineering design will coordinate directly with the State Engineer’s Office to expedite review and revisions to meet current standards. Additional data collection will be integrated into a detailed assessment of current conditions. The additional data collection is expected to include, but not be limited to cross sectional, profile, and topographic survey, geotechnical investigation and analysis, pebble counts, and office-level estimation of limits of jurisdictional waters of the U.S. in the project reach to support required permitting and authorizations.

A. Hazard Classification: establishment of data required for Hazard Classification and location and

limits of impact, in concurrence with State Engineer Office. The first phase will entail a hazard classification study and detailed engineering analysis and design to address the current unknown impact to downstream properties and infrastructure. A dam breach analysis will be completed to determine what the impacts will be should a large impounded volume of water be released at one time. The resulting downstream impacts will determine the hazard risk classification of the dam (low, medium or high). This classification will factor into the modification measures that are designed into the modification of the dams.

B. “Best Response to Hazard Mitigation” Proposal: Assessment of the existing conditions for reasonable build potential will need to be conducted at the outset of conceptual design. Identification of challenging areas to be made prior to conceptual design. A map of identified issues is to be produced and delivered to Town. At least two (conceptual) designs must be proposed, which in Consultant’s opinion, will be within project budget . Only one conceptual design will be selected for design development and final design within the scope of this project.

C. Pre-Design Surveys: To the extent necessary to inform and facilitate parts A. and B., above, the

Consultant will need to perform project design surveys using conventional field surveying methods encompassing the necessary project area.

D. Conceptual Estimate of Cost: Provide Conceptual Cost Estimate for two (2) selected Conceptual

Design approaches. Include consideration for the following: Equipment Mobilization and Site Clean up Bank Slope Preparation Rock/Material Placement Site Clean-up and Stabilization

E. Provide the Following Design Direction and Documentation:


Page 9 of 27

a. Hazard Classification Report

b. Hydrology Report

c. Geotechnical Report

d. Design Report

e. Instrumentation Plan

f. Right-Of-Way, Easements and Property Ownership Report

g. Survey

h. Drainage Report (integrated with Dam Hydrology Report)

i. Utilities Report

j. Traffic Engineering Report

k. Landscaping and Irrigation (accommodation only) and/or Re-vegetation

l. Recorded Public Comment from Public Presentation

3.3.4 30% Engineering Design Documentation

Consultant will need to provide Preliminary 30% Design Plans. Using selected Conceptual Design accepted by Town Staff, develop additional topographic surveys, geotechnical investigations, soil borings, hydrologic analysis, hydraulic analysis, utility locations, utility engineering, material type and quantity estimates, grading plans, geometric alignment, retaining wall design, design exceptions, storm sewer design (plan & profile), demolition and relocation, preliminary traffic control plans, property easement acquisition etc. to confirm and develop dam and natural are Develop submittal for Development Review package for Town of Estes Park Dept. of Community Development approval.

A. Title Sheet, Project Data, Plans Index B. Typical Sections and General Notes C. Summary of Approximate Quantities D. Appropriate Individual Quantities Tabulation E. Outline Specifications F. Preliminary Cost Estimate G. ROW Ownership Map H. Preliminary Traffic Control Plan I. Preliminary Right-of-Way and Easement Requirements J. Landscaping and Restoration Plans and Strategies K. Preparation of the preliminary plans for the Public Meeting. L. Resolution of concerns raised during the Public Meeting. M. Preparation and distribution of the minutes from the meeting. N. Revisions to the preliminary plans to reflect comments from the Public Meeting. O. Complete a Noxious Weeds Survey P. Plan for dealing with sensitive environmental issues and protected species Q. Recorded Public Comments from Public Presentation

3.3.5 Permitting

Required permits include but are not limited to: Federal Permits: (1) Section 404 of the Clean Water Act Authorization by the U.S. Army Corps of Engineers (USACE); (2) Section 404 to include threatened and endangered (T&E) species under the


Page 10 of 27

Endangered Species Act (ESA); (3) Section 404 to include historic and cultural issues under the National Historic Preservation Act (NHPA); (4) Section 404 to include annual monitoring for the typically required five year period; (5) NEPA Categorical Exclusion or Environmental Assessment (support only) Federal Environmental Laws/Executive Orders: (1) EO 11988 – Floodplain Management; (2) EO 11990 – Wetland Protection; (3) EO 12898 – Environmental Justice; (4) EO 13112 – Invasive Species State Permits: (1) Air Pollutant Emission Notice (APEN) for Land Development; (2) Air Quality Conformity Permit; (3) Colorado Discharge Permit System (CDPS) Construction Storm water and/or Dewatering CDPS Storm water Discharge Associated with Construction Activities, including Storm water Management Plan (SWMP); (4) Senate Bill 40 Wildlife Certification Permits Local Permits: (1) Town Right-of-Way Permit; (2)Town Grading Permit; (3) Utilities Agreements. This scope of work additionally assumes that the project will qualify for authorization under Section 404 of the Clean Water Act using Nationwide and/or Regional General Permits (i.e., not require an Individual Permit) and that no threatened and endangered species, historic or cultural issues of note will need to be addressed. 3.3.6 90% Engineering Design Documentation

Consultant to provide Plans that will be for the Final Review:

A. Designs in compliance with Rules and Regulations for Dam Safety and Construction 2-CCR 402-1 to include but not be limited to Section 5.9:

i. Inflow Design Flood Requirements ii. Seismicity Design Requirements

iii. Geotechnical Investigation and Foundation Requirements iv. Embankment Dam Design Requirements v. Concrete Dam Design Requirements (if applicable)

vi. Reservoir and Water Diversion Requirements vii. River Diversion During Construction Requirements

and as applicable after Hazard Assessment, the following: viii. Rule 6. Requirements for Alteration, Modification, or Repair of an Existing Dam

ix. Rule 7. Requirements for removing or Breaching and existing Dam

B. The 90% Dam and Natural Area Plan Submittal will need to include cross sections and ROW information with the plan and profile sheets. The submittal will need to contain half size sheets (11” x 17”). The Consultant will need to submit hard copy sheets sets per Town requirements (up to 5) in addition to those needed for the utility companies.

C. Preparation of a final opinion of probable cost including item numbers, descriptions, units and quantities.

D. Preparation of finalized project technical specifications. The project technical specifications will need to be prepared using Office of State Engineer format and incorporate all project technical specifications, and special provisions.

E. Completion of the finalized tabulated quantities. F. Finalized Cost Estimate for final design. G. Prepare supplemental cross sections as required for special features such as driveways,

intersections and critical locations where necessary.


Page 11 of 27

H. Completion of any finalized special details needed. I. Confirmation of ownership property line information on plan sheets. J. The 90% Drainage plan submittal will need to include General Notes and Project Special

Provisions. K. The 90% Natural Area and Drainage plans will need to indicate existing utilities and proposed

utility relocations. L. Final Drainage Report and finalized Storm Water Management Plan. M. The Consultant will need to send plans to utility companies and other review agencies fifteen

(15) days prior to design review meetings along with a notice of the 90% Design Review meeting date and location.

N. Attendance and discussion of additions or revisions to the plans and special provisions including decisions made during previous Design Review Meetings.

O. Distribution of minutes to participants within five (5) working days of the meeting. P. The Consultant will need to make necessary corrections to the plans and special provisions

following the 90% Design Review Meeting.

3.3.7 Final Engineering Design Documentation 3.3.7.1 Final Utility Agreements: Utility relocation or adjustment plans will need to be finalized and

utility agreements prepared. Consultant will need to prepare a Utility Clearance letter.

3.3.7.2 Final Plans: The Dam and Natural Area plans will need to be prepared in standard plan formats. Specifications for the project will be based on the latest version of final plans will need to include all required documentation by State, Local and other jurisdictional entities, and not be limited to this partial list of required documents:

A. Title Sheet, Project Data, Plans Index B. Standard Plans List C. Typical Sections and General Notes D. Summary of Approximate Quantities E. Approximate Individual Quantities Tabulation Sheet F. Erosion Control Plan G. Survey Control H. Plan and Profile (at 1”=20’) I. Signage Plans J. Landscape/Irrigation Plans K. Storm Water Management Plan L. Miscellaneous Construction Details M. Right-of-way Sheets N. Traffic Control Plan O. Ground Cover and Erosion Control P. Landscape and Irrigation Restoration


Page 12 of 27

3.3.7.3 Specifications and Cost Estimate:

Final Specifications will need to be prepared by the Consultant in CSI format and must incorporate Town of Estes Park requirements. A final cost estimate will also need to be included in the final submittal. 3.3.7.4 Construction Contract Documents: The Consultant will need to prepare the Construction Contract Documents to include all necessary forms required of the Contractor at the time of bidding. Two original copies will need to be delivered to the Town of Estes Park. 3.3.7.5 Bid Phase and Construction Administration Contractor to Provide Full Construction Administration Support

A. Bid Documents in Compliance with Federal Specifications B. Bid Package and RFP Process C. OEM Meeting coordination and Approving Agency Coordination D. Information provision for permitting requirements for E. Preparation of construction bid F. Contractor prequalification, ranking, and selection processes G. Development of an engineer’s opinion of probable cost H. Design clarification I. Site visits J. Review of shop drawings K. Final inspection L. Close out M. Record drawings N. Final hazard classification of the of the dams O. Construction bid and implementation phases

3.3.8 Supplemental Consultant Guidelines:

A. Preliminary and Final Design for this project will be reviewed by Town Staff which includes the Public Works Director and Public Works Civil Engineer, Dept. of Community Development Staff and other Stakeholders.

B. Design will use standards from the Town of Estes Park, Larimer County and Office of the State Engineer.

C. The plan documents will consist of, but not be limited to, the following formats: layout and cover sheet, plan views, profile views, cross sections, profiles, details, sketches, traffic control plan, general and detailed construction notes, specifications, special conditions, construction explanation notes and details. Plans and specifications should be suitable for bidding and construction.

D. The Consultant shall submit all calculations necessary for BMPs (best management practices), plan quantities, and other work related to producing the design documents.

E. The Consultant will meet with related Agencies as needed to review design, acquire construction easements, develop BMP’s, and all storm water, and run-off factors and satisfy regulatory issues.

F. The Consultant shall generate all clearances and clearance letters including but not limited to: rights-of-way, utilities, materials, environmental, archeology, hydraulics, floodplain, etc.

G. The Consultant shall acquire state & local floodplain permits.


Page 13 of 27

H. The Consultant shall identify required easements and negotiate/acquire required easements with the assistance of Town Staff.

I. The Consultant shall coordinate with all utilities within and along the project and develop a ‘utility clearance’. This includes but is not limited to: Town of Estes Park Water, Town of Estes Park Light & Power, Xcel Energy gas, Baja Cable, Platte River Power Authority fiber, CenturyLink phone, Estes Park Sanitation District and Upper Thompson Sanitation District.

J. The Consultant shall plan a minimum of 6 engineering design meetings with Town Staff. It will be the consultant’s responsibility to coordinate and meet with each Town Department, supply the requested documentation and obtain their approval.

K. The Consultant shall be responsible for all activities related to acquisition of all Permanent and Temporary Construction Easements. This will include research, property owner coordination and development of easement documents and exhibits. Once the documentation is delivered, the Town will formally record final easements. This work shall be inclusive and concurrent with the design process.

3.3.9 Technical Support Public outreach for this project will be a continuance of the extensive outreach conducted during Fish Creek Corridor Plan for Resiliency (aka Master Plan) development, finalized in early 2015. Through ongoing education and outreach. This plan identified the need to rehabilitate the Scott Pond dams. As part of this planning process specific to Scott Ponds Natural Area, Town staff engaged in public discussions with stakeholders about the need for dam removal and modification. Given the severe damage caused by the 2013 flood to downstream properties and infrastructure, residents understand the need to increase resiliency. Consultant will be required throughout the project to provide to the Town Public Information Officer updates for the Town website which will include a brief description of the project; contact information; public meeting schedules; and a progress schedule. In addition, consultant will hold standard public meetings, stakeholder meetings, including public open houses, targeted interviews with agencies and owners as indicated below and as needed:

1. Establish and host a joint public website to provide information, post comments during the scoping and public comment periods, and identify milestones.

2. Arrange facilities and logistics and document up to four public meetings.

A. Project kickoff Meeting to discuss goals and objectives for the project B. Concept Design Presentation Meeting C. Draft Construction Documents Presentation Meeting D. Construction Phase kickoff Meeting

3. Consultant will be responsible for all copying, document preparation, and document mailing.

4. Provide technical support in public meetings, as required, throughout the NEPA approval

process, including Meeting notes, documentation of public presentation and public comments.


Page 14 of 27

5. Provide and implement a Public Participation Plan, and public outreach proposal, to facilitate the public review of status, meetings, studies, and other pertinent information throughout the conceptual, NEPA and Engineering design process.

6. The Consultant shall work in collaboration with Town Staff to contact all adjacent property

owners who will be impacted by the proposed improvements. The Consultant will work with the Town Public Information Officer to inform the public of meetings, concepts, progress and schedules.

3.3.9 Schedule and Execution The Consultant must be prepared to start work immediately upon Notice to Proceed. Consultant must hold Kick-Off Meeting within one week of Award of Contract / Notice to Proceed. Timely completion of contract work is essential for grant compliance. See Proposed Schedule in next section; provide a schedule as requested in proposal materials. Divergence from proposed schedule is not feasible within the grant compliant structure. Grant funds for

entire project, design and construction, will be lost if construction and final grant documentation is not

completed as scheduled. Progress payments for design will not be made if schedule is not on track.


Page 15 of 27

4.0 PREPARATION OF PROPOSALS – INSTRUCTIONS TO CONSULTANTS

4.1 Communications While Preparing Proposals To facilitate questions that may arise in preparing the proposals, the Town of Estes Park will be responding to questions provided in addendum format. All communications regarding this RFP, including technical questions, requests for RFP clarifications shall be directed to:

Kevin Ash, P.E. Dept. of Public Works Town of Estes Park PO Box 1200 170 MacGregor Avenue Estes Park, CO 80517 (970) 577-3586 [email protected]

All questions shall be submitted in writing to the contact above, by the deadline listed in 4.2 Proposed Procurement Schedule. The Town of Estes Park has no obligation to accept further inquiries after this deadline. The Town of Estes Park will be bound only to the Town of Estes Park’ written answers to questions, as issued through the addendum process. Following the deadline for submittal of the questions, an addendum containing the questions and answers will be distributed to all known recipients of the RFP document. Any addenda issued will also be posted as a downloadable document on the Town of Estes Park website by the deadline listed in 4.2 Proposed Procurement Schedule. To be considered, all applicants will be required to sign the Addendum form and submit it with their response. All addenda will become part of the RFP and of any contract awarded. The Town of Estes Park will not be responsible for the accuracy of any other oral explanations, interpretations and/or representations. Access to addenda will be provided at Town of Estes Park website: www.estes.org/RFP 4.2 Proposed Project Schedule The dates listed below represent the estimated project schedule. The Town of Estes Park reserves the right to change the schedule. Issued RFP available: April 9, 2015

Submittal of Questions Close Date: April 23, 2015, 5pm

Issuance of any Addenda: April 24, 2015. 5pm

Proposals Due: April 30, 2015, 3pm

Consultant Selected by Town: May 5, 2015

Memo to Town Board: May 7, 2015

Town Board Approval of Contract: May 12, 2015

mailto:[email protected]

http://www.estes.org/


Page 16 of 27

Notice to Proceed Issued: May 13, 2015

Hazard Study Recommendations June 5, 2015

Public Meeting TBD

NEPA Doc. / Conceptual Design Complete July 1, 2015

Engineering Design 30% complete July 3, 2015

Public Meeting TBD

Engineering Design 90% complete August 1, 2015

Public Meeting TBD

Submittal of Final Construction Documents: August 14, 2015

Construction Bid Opening: September 4, 2015

Public Meeting TBD

Construction Start: October 7, 2015

Construction Complete / Final Accept: January 21, 2016

Deadline for Complete Grant Documentation: March 15, 2016

4.3 PROPOSALS

4.3.1 Submittal of Proposals

1. All Proposing firms shall comply with all conditions, requirements, and specifications, especially including schedule, contained herein, with any departure constituting sufficient cause for rejection of the Proposal.

2. All proposals shall be submitted no later than 3:00 pm MST, April 30, 2015.

3. Proposals shall be addressed to:

Town of Estes Park, Department of Public Works, Room 100 Attn: Kevin Ash, P.E. PO Box 1200 170 MacGregor Avenue Estes Park, CO 80517

4. Each proposal package shall include an original and four (4) hard copies and one (1) electronic

copy on computer readable disk. Fee Schedule shall be in separate sealed envelope (and not included in electronic copy) with Consultant Name and Project Identification labeled. Proposal packages shall be submitted in a sealed package marked on the outside:

a. Name of Consultant b. Subject: Proposal for Professional Services – Scott Ponds Natural Area Dam Modification

5. Proposals shall not exceed 100 pages, including drawings and charts. Tabs and covers are not

counted toward the page limit. 11”x17” sheets count as one page. The Rate Schedule of Consultant’s fees submitted in a separate sealed envelope does not count toward the page limit.

6. It is the submitter's responsibility to deliver the document to the proper address by the due

date. Late submittals will not be accepted. Submittals transmitted directly to Town of Estes Park


Page 17 of 27

electronically or by fax will not be considered. Town of Estes Park accepts no responsibility for lost or misdirected submittals.

7. Proposals may not be modified or withdrawn after 3:00 pm MST, April 30, 2015.

8. To be considered, the consultant must supply all the information requested, in printed form as

requested by this document. The response must be signed by an individual who is authorized to commit the Consultant to a binding agreement.

9. All materials submitted in response to this RFP become the property of the Town of Estes Park,

and will not be returned.

10. Proprietary information on any proposal must be clearly marked as such. The Town of Estes Park shall be held harmless from any claims arising from release of proprietary information not clearly designated as such by the proposing firm.

11. No proposal will be accepted from any person, firm of corporation that is in arrears for any

obligation to the Town of Estes Park, or that otherwise may be deemed irresponsible or unresponsive by the Town of Estes Park of the Board of Trustees.

12. Only one proposal will be accepted from any person firm or corporation.

13. All prices quoted must be firm for a period of ninety (90) calendar days from the proposal

submittal date and until the work is completed on the project.

14. The Town of Estes Park reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any Proposal, and to award the Proposal to the most responsive and responsible proposing firm as deemed in the best interest of the Town of Estes Park.

15. The Town of Estes Park will not reimburse consultants for any costs incurred prior to or during the preparation of proposals, including travel to and attendance at interviews, negotiation of agreements, or any other activities that a prospective consultant may engage in.

4.3.2 Proposal Contents Your proposal must include the following content:

1. Letter of Transmittal 2. Project Team Qualifications 3. Past Project Portfolio 4. Statement of Familiarity of Location 5. Technical Approach and Proposed Project Schedule (if different from this RFP Proposed

Schedule, provide brief explanation for adjustments) 6. Statement of Compliance with Terms and Conditions of this RFP and Signed Pre-Contract

Documentation (See Exhibits) 7. Rate Schedule of the Consultant’s Fees (submitted in a separate sealed envelope)


Page 18 of 27

4.3.2.1 Letter of Transmittal Provide a letter of transmittal that is limited to: 1. The name of the individual who will serve as the Consultant’s representative and have contracting

authority, and who will sign the proposal; 2. The name of the individual who will serve as the primary contact person for the Consultant’s work 3. A description of the corporate ownership of the Consultant or the prime consultant in the case of a

proposing team. 4.3.2.2 Project Team Qualifications A. The Project Team must demonstrate expertise and experience in the following:

1. Specific experience coordinating NEPA documentation including Categorical Exclusion and Environmental Assessment documents for natural areas and /or dams in the State of Colorado. 2. Engineering technical experience with complex hydrologic environments, especially including dams and dam repair work. 3. Familiarity with environmental issues related to construction and operation of natural area facilities. 5. Engineering design natural areas and multi –use recreation facilities: Provide a Project Portfolio of projects most similar to the Scott Ponds Dam and Natural Area. Each project should identify 1) Consultant’s performance in professional fee adherence, 2) construction budgeting accuracy, and 3) public process experience.

B. The Project Team’s qualifications are to be demonstrated by providing the following information:

1. Submit an organizational chart identifying the proposed Project Team’s key personnel and subcontractors, including measures to assure the consistency and retention of key personnel of the Project Team. The key personnel in the Project Team as specified in item 3 below shall remain the Project Team throughout the contract term unless the Town of Estes Park consents to a personnel change. 2. A summary of your firm’s business operations and capabilities as they pertain to the proposed project of not more than three (3) pages in length. If the proposed Project Team includes subcontractors, a summary of not more than one (1) page in length may be provided for each subcontractor. Inclusion of any other descriptions of a firm’s overall business, or promotional material is not encouraged and will not receive review.


Page 19 of 27

3. Provide a personnel table identifying key personnel and proposed subcontractors and identify the key personnel and proposed subcontractors expertise as related to this project’s requirements. 4. For the Project Team’s key personnel, include resume and, at a minimum, the following information for each individual: a. Name/firm; b. Project team assignment and responsibilities; c. Availability during contract term; d. Summary of expertise/experience with respect to the qualifications requirements listed above; e. Education and relevant registrations; f. Years of professional experience; g. Experience with preparation of NEPA documentation including their role in the preparation; h. Experience with Dam and Natural Wetlands Design Engineering, including their role in the preparation; Each resume for key personnel not to exceed two (2) pages. 5. For the proposed Project Manager, key personnel, and subcontractors, provide a list of at least five (5) relevant projects, up to one page each. For each project provide a summary of the project including the individual’s role, the date the project was completed, and a current reference that may be contacted. The Project Manager, key personnel, and subcontractors shall only list projects which their company performed at least 50% of the work. The list and summary of projects shall be no more than ten (10) pages.

4.3.2.3 Technical Approach and Schedule To demonstrate your understanding of the process and technical analysis required to coordinate NEPA documentation, engineering feasibility studies, conceptual design engineering, and public process integration the proposal must include: 1. SCHEDULE: Prepare and submit a schedule integrating the coordination of NEPA Documentation,

Hazard Classification Study and other data related to dam design with Conceptual Design Engineering. This schedule must include a work breakdown structure that incorporates at a minimum the major tasks required. Please Include:

a. Public Process Integration b. Collaboration with Corp of Engineers and State Office of Engineering c. Permitting and Agency Approval d. Construction Schedule e. Material Aquisition

2. Describe consultant’s standards and procedures for project schedule management and

communications.

3. Describe the technical approach you expect to take in integrating conceptual engineering design with the findings of the hazard classification and environmental documentation.


Page 20 of 27

4. Describe consultant’s standards and procedures for project quality control and quality assurance.

5. Describe consultant’s standards and procedures for project budget management.

6. Please describe experience with grant funded project documentation and record keeping. Describe standards and procedures for project management with particular emphasis on local government administered, federal grant funded projects.

4.3.2.4 Rate Schedule of the Consultant’s Fees The Town of Estes Park plans to contract for services rendered based on Town of Estes Park’s contracting process. Please provide a rate schedule of the consultant’s fees including any known sub-consultants for use in negotiating contracts. Rate schedules are to be submitted in a separate sealed envelope with five (5) hard copies and one (1) electronic copy. A. Hazard Classification Study B. Consulting Engineering Services for Conceptual Design of Scott Ponds Dam Natural Area

Restoration C. Consulting Engineering Services for 30% Development of Scott Ponds Dam Natural Area Restoration D. Consulting Engineering Services for 90% Development of Scott Ponds Dam Natural Area Restoration E. Consulting Engineering Services for Final Design of Scott Ponds Dam Natural Area Restoration F. Additional services: Provide either a fee for added scope (preferred method) based on foreseeable

tasks (e.g., observed geotechnical obstructions) or an hourly rate with time estimate to provide these services:

1. Additional consulting services to comply with NEPA requirements 2. Additional conceptual designs 3. Additional data collection for alternative designs

Fees must be presented in outline as given above. More detailed task specific cost estimates will be reviewed at the time of contracting for services.


Page 21 of 27

5.0 PROPOSAL EVALUATION The Town of Estes Park intends to select a Consultant who is fully qualified and who can provide satisfactory service. The Town of Estes Park will be the sole judge of whether or not a consultant is considered to be fully qualified for purpose of this RFP. The firm selected for the award will be chosen on the basis of the apparent greatest benefit to the Town of Estes Park and the qualifications of the proposing firm(s). Proposals will be evaluated by a project committee assigned by the Estes Park Town Administrator or his designee. The Town of Estes Park Mayor and Board of Trustees shall make final determination of the firm selected. Evaluation and procurement of these services will be in accordance with the Federal Granting agency’s procurement guidelines. The Town may use qualifications based competitive proposal procedures (Brooks Act) as defined in 40 USC 1101-0014 and 49 USC 5325 (b)(1) as required. Proposals shall be evaluated on the basis of Evaluation Criteria noted herein, and possibly by fee proposal if allowed by funding authorities.

1. The Town of Estes Park will determine if the proposals are complete and meet the requirements as described in this RFP.

2. The Town of Estes Park will review the proposals to determine which consultants are most qualified to meet the requirements as described in this RFP. The Town of Estes Park will rank the consultants based on the qualifications in the proposals.

3. The committee will make a selection on the basis of proposals received, or may choose to “short-list” Applicants with highest ranking, most qualified, and complete proposals, who will be contacted and requested to phone interview. Interviews are anticipated to be scheduled within one (1) day of the date that proposals are due.

4. If and after interviews are conducted, the Town of Estes Park will identify a list of the best qualified consultants. The Town of Estes Park will determine if the consultants are qualified to coordinate required documentation to meet NEPA requirements and provide Engineering Services requested.

5. The Town of Estes Park will negotiate and finalize a contract with the selected Consultant. 6. Upon award of the contract, the Consultant will be required to sign a Communication Protocol

prepared by the Town regarding communication between the Consultant, and the Town of Estes Park.

5.1 PROPOSAL EVALUATION CRITERIA – Each submitted proposal will be evaluated on the criteria below, each item receiving up to ten (10) points for each of first ten areas, for a total score of 100 points possible. If interviews are conducted, the interviewed firms will be reassigned post interview point totals which will be used for final ranking of firms:

1. Responsiveness to the Schedule - Time to complete the Project, and in adherence to Project

Schedule. (Note that inability to start and provide first invoice by indicated date will disqualify Consultant.)

2. Project Examples - Responsive designs to natural wetlands areas, with creative solutions to exceptional geophysical challenges demonstrating critical problem solving skills. Examples with


Page 22 of 27

successful final landscaping completion will show collaborative design thought necessary to the successful outcome of this project.

3. Project Team Qualifications – Consultant and Project Team’s qualifications will be evaluated primarily with reference to the expertise and experience of personnel that are assigned and committed to the project. You will also be evaluated for effectiveness of approach and utilization of good management practices.

4. Technical Approach – Your response to the questions listed in the technical approach section will be evaluated to determine your understanding of the technical issues that need to be addressed, your evaluation of the information available on the project, website and literature resources that you have knowledge of, and your ability to meet project milestones.

5. Demonstrated Familiarity with Location – Firms demonstrated understanding of the region and unique qualities that will impact best working method, design approach and features.

6. Public Process Experience -Demonstrate past planning and public involvement expertise where design of this type or other designs were publicly presented and prioritized with local government needs and approved through a local planning approval process.

7. Budget Adherence - Ability to perform work within negotiated fee schedules; Ability to create accurate Cost Estimates for Construction.

8. References - Provide (3) three references from past clients of similar projects and statements from the same clients explaining their experience with the proposing firm.

9. Proposal Presentation – Your proposal will be evaluated as an example of your document preparation capability. It should represent the clarity, conciseness, and editorial precision that you would use to prepare the deliverables required in the Scope of Work.

10. Completeness and Accuracy of Proposal -Ability to observe the proposal instructions. The completeness checklist will be used to evaluate compliance. Incomplete proposals or failure to provide the information required by the RFP will result in the proposal not being considered.

11. [If allowed by funding sources] Fee proposed.


Page 23 of 27

6.0 CONTRACT, TERMS AND CONDITIONS

Submitting Consultants attest that they are competent in conducting this study and assure that their proposal is complete and will result in successful execution of work to achieve approvals necessary to build this project. 6.1 Contract Formation

A Proposal submitted in response to the Solicitation is an offer to contract with the Town of Estes Park. A Proposal becomes a Contract only when legally awarded and accepted in writing by the Town of Estes Park.

6.2 Solicitation Amendments Prior to submittal due date and time, the Town of Estes Park reserves the right to change portions of this RFP. Any changes or corrections will be by one or more written amendment(s), dated, attached to, or incorporated in, and made a part of this solicitation document. All changes must be authorized and issued in writing by the Town of Estes Park. If there is any conflict between amendments, or between an amendment and the RFP, whichever document was issued last in time shall be controlling. It shall be the responsibility of the proposing firm to verify that every addendum has been received prior to submitting proposals and to acknowledge the addenda in Exhibit entitles “Acceptance of Conditions Statement.”

6.3 Incorporation of Documents

This Solicitation document, any subsequent Amendments and the Applicant’s Response will be incorporated into the resulting Contract.

6.4 Right to Cancel

The Town of Estes Park reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability. The Town reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any proposal, and to award the proposal to the most responsive proposing firm as deemed in the best interest of the Town.

6.5 Commencement The selected Consultant shall be expected to enter into the contract agreement with the Town of Estes Park shortly after acceptance. The Consultant shall commence work on the project after receipt of a Notice to Proceed from the Town of Estes Park. The Consultant will hold a Project Kickoff meeting with the Town of Estes Park Staff within one week of Notice to Proceed.


Page 24 of 27

6.6 Variation from Request for Proposal The Town reserves the right to negotiate final terms with the selected proposer that may vary from those contained in this document. 6.7 State of Colorado Licenses The Consultant shall be licensed to do business in the State of Colorado or provide a commitment that it will become licensed in Colorado within thirty (30) calendar days of being selected Consultant. 6.8 Insurance (Certificates not required at time of proposal) The Consultant shall provide proof of insurance of the type and amount as required by the Town of Estes Park, the State of Colorado and the Federal Agencies, including without limitation General Commercial Liability, Workers Compensation, and Professional Liability. Refer to Sample Contract attached as an Exhibit to this proposal for Insurance requirements. Certificates must be approved by Town Staff prior to issuance of Contract. 6.9 References and Conflict of Interest Inquiry The Town reserves the right to request a client list from the Proposer, for the purpose of determining potential conflicts of interest or for obtaining references. Such lists shall be considered proprietary. 6.10 Project Interfacing

1. Upon contract award, the Town of Estes Park will become the exclusive direct project interface with the Consultant. Other than direct contact on administrative matters, Consultant will have no direct contact with other agency personnel without approval of the Town of Estes Park’s representatives. The Town of Estes Park’s points of contact (POC) person for this project is:

For the Town of Estes Park:

Kevin Ash, P. E. Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 (970) 577-3586 [email protected]

2. All information that the Consultant may require will be coordinated through the Town of Estes

Park.

3. Following award of the Contract, the Town of Estes Park will provide a Communications Protocol to the selected Consultant. This document will establish roles and responsibilities and identify project communications protocols with the Consultant, the Town of Estes Park, and other Agencies. The Communication Protocol will include, but is not limited to, the following:

mailto:[email protected]


Page 25 of 27

a. Procedures for scheduling and facilitating status updates and meetings.

b. Consultant will submit a monthly Project Status Report to the Town of Estes Park, in an

agreed upon format. Reports shall commence within four weeks after award and continue through the end of the project.

c. The consultant shall not release project-related documents to anyone other than the

Town of Estes Park who will determine its ultimate release.

6.11 Project Documentation and Deliverables The Consultant shall be responsible for preparing documents, reports, drawings, calculations, tables, and technical specifications that are consistent with and reflect the requirements of the Town of Estes Park, as applicable. Delivery of all project documentation from the Consultant shall be made to the Town of Estes Park through the Town of Estes Park’s POC.

1. Consultant attests that they are capable and willing to provide all documentation required for grant reimbursement, are aware of the scope of this task, and will work diligently with Town of Estes Park Staff to regularly provided data for grant compliance submission requirements.

2. Consultant shall obtain background documents and documentation of previous studies from the

Town of Estes Park to the maximum extent possible.

3. Any pre-existing site-specific information such as survey information, property maps, technical drawings, etc. shall be provided by the Town of Estes Park.

4. Consultant shall document all telephone communications regarding the project.

5. The Consultant shall bi-weekly update the project website with information to be responsive to

changing conditions, tracking progress and milestones.

6. The Project Schedule shall be updated showing progress versus approved schedule and submitted as part of each Project Status Report. Deviation from project schedule shall require immediate personnel and schedule adjustment to re-track the project for timely completion.

7. Consultant shall develop a record management system, maintain documents, and be able to

provide records and access to the Town of Estes Park for public disclosure or Freedom of Information Act (FOIA) requests or litigation. The Consultant shall not release project related documents to anyone other than the Town of Estes Park who will determine its ultimate release.

8. All information related to the NEPA documentation and Design Engineering process will be provided to the Town of Estes Park upon completion of the contract, including an inventory of all documents, phone, email and other records for the administrative record. This includes access to all information that supports the findings, conclusions and recommendations of the Consultant’s reports, including computer models, in CAD or Revit and methodology for those models.


Page 26 of 27

6.12 Fees and Payment It is anticipated the contract will be awarded as time and material with a not-to-exceed value based on separate phases. Payments shall not exceed the Total Contracted Value, for which the Town will generate a Purchase Order, or the total value by phase. Invoicing shall not exceed Contract amount without a previously approved Change Order. Billing and payment cycles are as printed on the Annual Vendor Payment Schedule (available from the Finance Department) generated by the Town’s Finance Department. Public Works will approve invoices on a monthly basis. The amount of such payment shall be based on certified progress reports and billing covering the work performed and percentage complete. Once invoice is approved by Public Works, the Finance Department will process according to the Vendor Payment Schedule. Subcontracting or specialty engineers shall be line item detailed, and an estimated value identified and approved prior to any work. Additional Services will be proposed by the consultant, negotiated and agreed to in writing prior to performance and payment for such services. Payments to the Consultant will not exceed 95% until the project is completed and accepted by the Town. The agreement will be effective through end date of this project. (or until all documentation is approved). 6.13 Sub-consultants Consultant shall indicate in the proposal any work intended to be performed by subcontractors or persons outside their firm. The consultant shall name the subcontractors, if know at the time of the proposal. With the written permission of the Town of Estes Park, the Consultant may hire sub-contractors not identified in the proposal to complete portions of the analysis or engineering if the Consultant lacks sufficient in-house expertise or capacity to complete those portions. Subcontractors shall be bound to meet the same quality standards and schedules and provide the same level of documentation as prime consultant. 6.14 Financial Capabilities The successful proposer must be financially capable and solvent in fulfilling the requirements of the proposed contract.


Page 27 of 27

6.15 Conflicts of Interest Conflict of interest means that because of other activities or relationships, a person or entity is unable or potentially unable to render impartial assistance or advice to the Town of Estes Park, is or might be otherwise impaired in its objectivity in performing the contract work, or has an unfair competitive advantage. Consultant and sub-consultants must disclose any current or expected future contractual relationships which may pose a conflict of interest with this project. Disclosure shall include date and duration of contract, the nature of the service provided, and a plan for managing potential conflicts of interest. If no current or expected future relationships during the expected term of this contract are expected, an affirmative statement from each individual employed by either the Consultant or any sub-consultants working in response to this RFP stating such shall be included. The Consultant Project Team must be an independent third party during preparation of NEPA related documentation. CEQ regulations at 40 CFR 1506.5 require a Consultant who will participate in NEPA documentation to execute a disclosure statement specifying that the Consultant has no financial or other special interest in the project under evaluation. An executed disclosure statement, in the form set forth in attached Exhibits, shall be submitted with the proposal. 6.16 Handling of Information The Consultant shall not disclose any information concerning the Town of Estes Park or the project, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the relevant Agency, or as may be required by law.

EXHIBIT A TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT & ATTESTATION OF INTERESTS

Project under consideration: ___________________________________________________________________________ Proposing Firm: _____________________________________________________________ Address: ___________________________________________________________________ Telephone Number: __________________________________________________________ I/we hereby agree to all instructions, terms and conditions, and specifications contained herein: ___________________________________________________________________________ Printed Name, Title Signature Date I acknowledge receipt of the following Addenda: ___________________________________ ___________________________________________________________________________ Printed Name, Title Signature Date No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing firm of this Request for Proposal, except as follows:

___________________________________________________________________________

___________________________________________________________________________ ___________________________________________________________________________ Printed Name, Title Signature Date Attest: _____________________________________________________________________ My Commission Expires: _______________________________________________________

EXHIBIT B TOWN OF ESTES PARK CONSULTANT’S PERSONNEL AND SUBCONSULTANT’S LISTING Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________

Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________

___________________________________________________________________________ Printed Name, Title Signature Date

EXHIBIT C TOWN OF ESTES PARK

STATEMENT REGARDING ILLEGAL ALIENS: The Contractor certifies that the Contractor shall comply with the provision of CRS 8-17.5-101, et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it:

(i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or

(ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this contract for breach of contract, and the Contractor shall be liable for actual and consequential damages to the Town.

If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall:

(a) Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and

(b) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a.) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.


EXHIBIT D TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM

To: Town of Estes Park By (Proposer): ___________________________________________________________________________ Firm Name Select: A Partnership / A Corporation / An Individual ___________________________________________________________________________ Firm Address Proposer hereby authorizes Owner to perform such investigation of Proposer as Owner deems necessary to establish the qualifications, responsibility and financial ability of Proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and Owner from any and all liability to Proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to Owner. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. ___________________________________________________________________________ Printed Name, Title Signature Date

EXHIBIT E TOWN OF ESTES PARK

NEPA Financial Disclosure Statement

Project under consideration: For Coordination of the NEPA documentation for the Scott Ponds Dam and Natural Area

___________________________________________________________________________ Proposing Firm: _____________________________________________________________ Address: ___________________________________________________________________ Telephone Number: __________________________________________________________ The Federal Transit Administration determined that a National Environment Policy Act (“NEPA”) Categorical Exclusion (CE) is needed to evaluate the impacts for the above project. Pursuant to the Council of Environmental Quality regulations at 40 CFR 1506.5, a CE may be prepared by a third party who has been selected by the lead Federal Agency and has executed a disclosure statement specifying that the consultant does not have financial or other interest in the outcome of the project. “Financial or other interest” is interpreted broadly to cover any known benefits other than general enhancement of professional reputation. This includes any financial benefit such as a promise of future construction or design work on the project, as well as indirect benefits the consultant is aware of (e.g. if the project would aid proposals sponsored by the firm’s other clients). As a duly authorized representative of __________________________________, the undersigned certifies the following: the company, its officers, employees, agents and subconsultants have no direct or indirect financial or other interest – to include any known benefit other than general enhancement of professional reputation – in the outcome of the NEPA CE developed for the above project. The undersigned further certifies that the company, its officers, employees, agents, and sub-consultants have no current involvement in the development, or the environmental evaluation, of the above stated project, to include generating data and plans for the project. The company, its officers, employees, agents, and sub-consultants’ prior involvement in the development, or the environmental evaluation, of the above project, to include generating data and plans for the project include the following:


1 | P a g e

EXHIBIT F: TOWN OF ESTES PARK FEDERALLY REQUIRED AND OTHER CLAUSES – FOR DESIGN PROFESSIONALS Professional Services Contracts performing Design Services must provide Construction Documentation in Compliance with the following requirements. These requirements will become part of contract for performance. See additional Exhibits for guidance on FEDERALLY REQUIRED AND OTHER CLAUSES - FOR CONSTRUCTION attached. All provided design must allow feasible compliance with these construction contract required clauses.

Federally Required and Other Clauses

1. Fly America Requirements 49 U.S.C. §40118

41 CFR Part 301-10

The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

5. Seismic Safety Requirements 42 U.S.C. 7701 et seq. 49

CFR Part 41

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.

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.

2 | P a g e

6. Energy Conservation Requirements 42 U.S.C. 6321 et seq.

49 CFR Part 18

The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier.

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.

7. Clean Water Requirements 33 U.S.C. 1251

Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

10. Lobbying 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20

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.

Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.

Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ]

Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)

Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.

Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995.

Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.

3 | P a g e

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.

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

4 | P a g e

___________________________ Date

11. Access to Records and Reports 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17

Access to Records - The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

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

Sources of Authority

5 | P a g e

1. 49 USC 5325 (a) 2. 49 CFR 633.17 3. 18 CFR 18.36 (i)

12. Federal Changes 49 CFR Part 18

Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

14. CLEAN AIR 42 U.S.C. 7401 et seq

40 CFR 15.61 49 CFR Part 18

Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

15. Recycled Products 42 U.S.C. 6962

40 CFR Part 247 Executive Order 12873

These requirements flow down to all to all contractor and subcontractor tiers.

Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

17. Contract Work Hours and Safety Standards Act

1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

http://www.fta.dot.gov/3162.html

6 | P a g e

2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

19. No Government Obligation to Third Parties No Obligation by the Federal Government.

1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

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

20. 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

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

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

7 | P a g e

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.

21. Termination 49 U.S.C.Part 18

FTA Circular 4220.1E

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.

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

http://www.fta.dot.gov/legislation_law/12349_4063.html

8 | P a g e

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 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.

9 | P a g e

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 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.

10 | P a g e

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.

22. Government-Wide Debarment and Suspension (Nonprocurement)

49 CFR Part 29 Executive Order 12549

Suspension and Debarment

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

23. Privacy Act 5 U.S.C. 552

The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier.

Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:

1. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974,

5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.

2. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

11 | P a g e

24. 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.

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

Civil Rights - The following requirements apply to the underlying contract: 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.

§ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

a. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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

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

25. Breaches and Dispute Resolution

12 | P a g e

49 CFR Part 18 FTA Circular 4220.1E

The Breaches and Dispute Resolutions requirements flow down to all tiers.

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.

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.

28. Disadvantaged Business Enterprise(DBE) 49 CFR Part 26

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 __ %. A separate contract goal [of __ % DBE participation has] [has not] been established for this procurement.

b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively,


13 | P a g e

document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]:

1. The names and addresses of DBE firms that will participate in this contract;

2. A description of the work each DBE will perform;

3. The dollar amount of the participation of each DBE firm participating;

4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal;

5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment; and

6. If the contract goal is not met, evidence of good faith efforts to do so.

[Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.

d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the {insert agency name} and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.]

e. The contractor must promptly notify {insert agency name}, 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 {insert agency name}.

30. Incorporation of Federal Transit Administration (FTA) Terms

FTA Circular 4220.1E

The incorporation of FTA terms has unlimited flow down.

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.




1 | P a g e

EXHIBIT G: TOWN OF ESTES PARK FEDERALLY REQUIRED AND OTHER CLAUSES – FOR CONSTRUCTION Professional Services Contracts performing Design Services must provide Construction Documentation in Compliance with FEDERALLY REQUIRED AND OTHER CLAUSES - FOR CONSTRUCTION below. All provided design must allow feasible compliance with these construction contract required clauses.

Federally Required and Other Clauses

2. Buy America Requirements 49 U.S.C. 5323(j) 49 CFR Part 661

The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5.

Date ____________________________________________________________

Signature______________________________________________________

Company Name_______________________________________________________

Title _____________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

2 | P a g e

Date _________________________________________________________________

Signature ___________________________________________________________

Company Name _________________________________________________________

Title _______________________________________________________________

Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.

Date _________________________________________________________________

Signature ____________________________________________________________

Company Name ____________________________________________________________

Title _________________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _______________________________________________________________

Signature ____________________________________________________________

Company Name ________________________________________________________

Title _______________________________________________________________

4. Cargo Preference Requirements 46 U.S.C. 1241

46 CFR Part 381

The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel.

Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargodescribed in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

3 | P a g e

13. Bonding Requirements

Applicability to Contracts

For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows:

a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows:

1. 50% of the contract price if the contract price is not more than $1 million;

2. 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or

3. $2.5 million if the contract price is more than $5 million.

d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond.

Flow Down

Bonding requirements flow down to the first tier contractors.

Bid Bond Requirements (Construction )

a. Bid Security

A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder.

b. Rights Reserved

In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient).

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor.

4 | P a g e

It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole.

The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive.

Performance and Payment Bonding Requirements (Construction)

The Contractor shall be required to obtain performance and payment bonds as follows:

a. Performance bonds

1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient).

2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

b. Payment bonds

1. The penal amount of the payment bonds shall equal:

i. Fifty percent of the contract price if the contract price is not more than $1 million.

ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or

iii. Two and one half million if the contract price is more than $5 million.

2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased.

Performance and Payment Bonding Requirements (Non-Construction)

The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest.

a. The following situations may warrant a performance bond:

1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material).

2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable.

3. Substantial progress payments are made before delivery of end items starts.

4. Contracts are for dismantling, demolition, or removal of improvements.

b. When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows:

5 | P a g e

1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient).

2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

c. A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest.

d. When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows:

1. The penal amount of payment bonds shall equal:

i. Fifty percent of the contract price if the contract price is not more than $1 million;

ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or

iii. Two and one half million if the contract price is increased.

Advance Payment Bonding Requirements

The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient).

Patent Infringement Bonding Requirements (Patent Indemnity)

The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient).

Warranty of the Work and Maintenance Bonds

1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all).

6 | P a g e

16. Davis-Bacon and Copeland Anti-Kickback Acts

Background and Application

The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that “at least partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below.

The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts’ requirements are satisfied.

Clause Language Davis-Bacon and Copeland Anti-Kickback Acts

(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officershall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is utilized in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and

7 | P a g e

4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is utilized in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

8 | P a g e

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

9 | P a g e

1. (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;

2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,

10 | P a g e

withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.