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HomeMy WebLinkAboutC11-325 Transitplus, Inc. Agreement AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TRANSTTPLUS, INC. This Agreement ( "Agreement ") dated as of this 22 day of pt ein her, 2011, is between the County of Eagle, State of Colorado, a body corporate and politic, ( "County ") and TransitPlus Inc., a Colorado corporation with its principal place of business at 2800 East Ridge Road, Elizabeth, CO 90107 and a mailing address of P.O Box 637, Elizabeth, CO 80107 ( "Consultant "). WHEREAS, the County wishes to identify community - specific and population -based needs for feeder - circulator transit service within Eagle County and to estimate the cost and potential funding mechanisms to provide the identified transit service; and WHEREAS, the Eagle County Regional Transit Authority ( "ECRTA ") issued a Request for Proposals for Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment dated June 28, 2011 (the "RFP "), attached hereto as Exhibit A and incorporated herein by this reference, in order to solicit proposals for consultants willing and able to provide such professional services; and, WHEREAS, Consultant has represented that it has the experience and knowledge in the subject matter necessary to carry out the services outlined in Section 1.1 hereunder; and WHEREAS, after review of proposals submitted in response to Exhibit A, County wishes to hire Consultant to perform the tasks associated with the services outlined in Section 1 hereunder; and WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the services and related terms and conditions to govern the relationship between Consultant and County in connection with the services. Agreement Therefore, based upon the representations by Consultant set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Services Provided 1.1 The Consultant will provide the services and complete the tasks as described in the ECRTA RPF, attached hereto as Exhibit A, and Consultant's Proposal for Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment dated August 1, 2011, attached hereto as Exhibit B and incorporated herein by this reference (hereinafter called "Consulting Services "). • Consultant agrees to furnish the Consulting Services in a timely and expeditious manner consistent with the schedule included in Exhibit B. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit B and the terms and conditions set forth in this Agreement, the terms and conditions of this Agreement shall prevail. <<- �a5 1.2 The Consultant agrees that Consultant will not knowingly enter into any consulting arrangements with third parties that will conflict in any manner with the Consulting Services. 1.3 Consultant has represented to County that it has the expertise and personnel necessary to properly and timely perform the Services. 2. Term of Agreement 2.1 This Agreement shall commence on the agreement date and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect until the Consulting Services have been fully performed, or until the Agreement is otherwise terminated in accordance with Section 2.2 herein. 2.2 This Agreement may be terminated by either party for any other reason with 15 days written notice, with or without cause, and without penalty whatsoever therefore. 2.3 In the event of any termination of this Agreement, Consultant shall be compensated for all incurred costs and hours of work then completed, plus approved expenses. 3. Independent Contractor: 3.1 With respect to the provision of the Consulting Services hereunder, Consultant acknowledges that Consultant is an independent contractor providing Consulting Services to the County. Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or representative of County. 3.2 The Consultant shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. 3.3 The Consultant will maintain liability, unemployment and workman's compensation insurance on his/her behalf, as necessary. 4. Remuneration: 4.1 For the Consulting Services provided hereunder, County shall pay to the Consultant as set forth in Exhibit B (the "Compensation "). The Compensation agreed to and set forth in Exhibit B shall be paid by County in monthly progress payments equal to the percentage complete for each task performed by Consultant and any out -of- pocket expenses are included in the fees estimated in Exhibit B. All invoices shall include the percentage of completion by task with detail regarding hours spent, tasks performed and who performed each task. Upon request, Consultant shall provide County with such other supporting information as County may request. Consultant will not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized to do so by County. Fees for any additional services will be as set forth in an executed addendum between the parties. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Consultant respecting Consulting Services. Original invoices with accompanying support documentation should be forwarded to: Tracy Stowell, Administrative Coordinator, Eagle County Regional Transportation Authority, Post Office Box 1070, Gypsum, Colorado 81637 by US Mail or electronically to (email). The total compensation for the performance of Consulting Services, including reimbursement for direct expenses, described in Exhibit B shall not exceed thirty seven thousand eighty five dollars ($37,085). 42 County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Consultant in excess of the amount for any work done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 5. Ownership of Documents: All documents (including electronic files) which are obtained during or prepared, either partially or wholly, in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Consultant or upon earlier termination of this Agreement. 6. Indemnification: 6.1 Within the limits allowed by law, Consultant shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent acts or omissions of, or presentations by, the Consultant in violation of the terms and conditions of this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Consultant. 7. Consultant's Professional Level of Care: 7.1 Consultant shall be responsible for the completeness and accuracy of the Consulting Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. Consultant shall perform the Consulting Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants, with respect to similar services, in this area at this time. 8. No Assignment: The parties to this Agreement recognize that the Consulting Services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement County is relying upon the professional services and reputation of Consultant and its approved subcontractors. Therefore, neither Consultant nor its subcontractors may assign its interest in this Agreement or in its subcontract, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 9. Notices: 9.1 Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile or U.S. Mail to the other party at the following addresses: (a) County: Ms. Kelley Collier, ECO Transit Director, Eagle County RTA, 3289 Cooley Mesa Road, P.O. Box 1070, Gypsum, Colorado 81637 Facsimile: 970 - 328 -3539 with a copy to: Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle, CO 81631 (b) Consultant: Transit Plus, Ms. Suzanne O'Neill, P.0 Box 637, 2800 East Ridge Road, Elizabeth, CO 80107 Facsimile: 720 - 266 -6174 9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 10. Jurisdiction and Confidentiality: 10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 10.2 The Consultant and County acknowledge that, during the term of this Agreement and in the course of the Consultant rendering the Consulting Services, the Consultant and County may acquire knowledge of the business operations of the other party not generally known deemed confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such confidential knowledge or information and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the other party during the term of this Agreement, and for a period of five (5) years following termination ofthis Agreement. Any such information must be marked as confidential. The parties recognize that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subject to the same. 11. Miscellaneous: 11.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings. 11.2 This Agreement is personal to the Consultant and may not be assigned by Consultant. 11.3 This Agreement does not and shall not be deemed to confer upon or grant to any thirdparty any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 11.4 The Consultant agrees to follow all Federal Clauses as listed in the RFP. 12. Prohibition on Public Contracts for Services: If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Consultant shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: htt p: / /www dhs ov /xpr rot/pro rams /gc 1185 shtm C. The Consultant shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If the Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) Notify the subcontractor and the County within three days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). F. If a Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Consultant shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and the County terminates the Contract for such breach. // SIGNATURE PAGE TO FOLLOW // • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: o4 �atf c ttlait o% Clerk to the B rd of e btoRr+o ° Jer taaruey (k.:t , County Commissioners Chairman CA.." Transit Plus By: ij Title: STATE OF COLORADO ) � ) ss County of I= }j,r�- ) The foregoing was acknowledged before me this 0 2)■ day of 594 20 U by SuZct O`neI t( Witness my hand and official seal. My commission expires: 0(9. / VIRGINIA MARIE SATZ Notary Public Notary Public State of Colorado REQUEST FOR PROPOSALS FOR EAGLE COUNTY LOCAL FEEDER - CIRCULATOR BUS SYSTEM FEASIBILITY STUDY AND NEEDS ASSESSMENT ISSUED BY THE EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY June 28, 2011 1 EXHIBIT A INTRODUCTION The Eagle County Regional Transportation Authority dba Eagle County Transit (ECO Transit) is requesting written proposals from consultant firms to develop a Feeder - Circulator Bus System Feasibility Study and Needs Assessment to encompass all local jurisdictions in Eagle County. A transit needs assessment of the entire region as well as determination of the required estimated level of service to meet the need will be conducted along with identification of the cost to provide the identified transit service. EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY /ECO TRANSIT In 1996, Eagle County voters approved a half -cent sales tax dedicated to regional transportation in Eagle and Lake Counties, allowing transit to evolve from a year -to- year enterprise to an established long -term community service. By 2000, Eagle County had accumulated enough funds to create a regional transit administrative and maintenance center and operate a fleet of 30 buses over a 70 -mile corridor. Today, ECO Transit provides fixed route regional bus service and complementary, demand responsive ADA service to residents and visitors of Eagle and Lake Counties, operating 21 hours a day and 1.2 million miles per year. ECO Transit operates in a multi - county, 60 -mile corridor between Gypsum on the west and Vail on the east, along Interstate 70 and US Highway 6, and from Vail south to Leadville on US Highway 24. In addition, ECO operates complementary ADA service within 3 A of a mile of these corridors. BACKGROUND ECO Transit has secured Federal Transit Administration (FTA) Section 5304 funding from the Colorado Department of Transportation (CDOT) to hire a consultant firm to conduct a feasibility study and needs assessment of the capital and operational funding required to support a feeder - circulator bus system along the I -70 corridor between Dotsero to the west, Minturn to the south, and Vail to the east. The new feeder circulator system would connect to the regional transit system and offer viable, intercity connections along a 40 -mile corridor (Colorado Highway 6 and I- 70) in a rural setting, allowing workers access to employment centers in the corridor. PURPOSE AND NEED In 2006, ECO Transit developed its 2030 Transit Vision for regional rail, a local feeder /circulator bus system and transit oriented communities. The Vision for a regional spine system is becoming increasingly integrated into County and 2 municipal long range plans, and is part of the regular dialogue of Eagle County and the municipalities along the I -70 corridor in Eagle County. A key stepping stone to this vision is the development of local transit systems in each town center. The partnership between ECO Transit and the towns it serves will be critical to the future of transit. According to the Economic Development Council of Eagle County, only 4% of remaining land in the County is developable, meaning future population will need to be concentrated into existing town centers in higher, and consequently more transit oriented densities and forms, a concept advocated by Eagle County and its municipalities. Local transit systems will need to serve this population. Successful local transit systems are already in place in Vail and Avon. The Town of Vail Transit boasts the highest ridership in the nation of any free transit system, with over 3 million trips per year. The Town of Avon also has a thriving system that is critical for the mobility of local residents and visitors alike. Together, these two local systems and the ECO Transit network serve 6 million trips per year. The towns of Gypsum, Eagle, Edwards and Minturn show equal promise for local transit service. Edwards is currently the largest in population and its land use mix and population density make it very transit oriented. Eagle and Gypsum are the fastest growing communities in Eagle County. A valley wide feeder - circulator feasibility study and needs assessment is necessary to assist local jurisdictions in planning a seamless, cost effective, and efficient means of connecting local bus services to ECO Transit's regional bus system. Currently local bus service is only available in the towns of Avon and Vail and lacking in the remaining towns and jurisdictions within Eagle County to include Dotsero, Gypsum, Eagle, Wolcott, Edwards, Minturn, and Eagle -Vail. A number of the valley's workforce do not live in close proximity (walking distance) of the Hwy 6 corridor, work in the community where they reside, or use a family motor vehicle to access work, shopping and medical facilities. Development of a local feeder - circulator system within certain areas of Eagle County will provide a means for workers to more efficiently access the employment centers along the I -70 & Hwy 6 corridor. The results of the feeder - circulator feasibility study and needs assessment will be shared with the local governments of each of the representative jurisdictions as a planning document and cost analysis to start a local feeder - circulator system. The benefits to the Local communities will consist of a model for a local feeder- circulator system that includes estimated capital costs, estimated operating costs, and potential options for funding. The study will also identify major affordable housing clusters and major work centers in each area for connectivity to the local bus service. Following completion of the study and needs assessment, ECO Transit will schedule a presentation to the local town councils and /or metro boards named in the study group and offer technical assistance where applicable. 3 PROJECT SUPPORT The project will be conducted under the guidance and supervision of ECO Transit Staff and CDOT Division of Transit and Rail Planning Staff. ECO staff will serve as the contract manager and procurement administrator for the project. CDOT staff will monitor progress of the study per the FTA Section 5304 grant guidelines. WORK PROGRAM The work program for the local feeder - circulator bus system feasibility study and needs assessment is defined by the tasks outlined below. Consultants are invited to propose modifications to these tasks and to exercise creativity in responding to the project's needs. Modifications to the tasks and task sequencing which will improve the effectiveness of the study effort, while containing costs, are encouraged. SCOPE OF WORK Project Objectives: 1. Identify community specific needs for feeder - circulator transit service based on population /demographics for each municipality located in the County; 2. Determine the estimated level of transit service required to meet the identified need; 3. Identify the capital requirements to start a new local feeder - circulator system; 4. Estimate the operational funding required to sustain a local bus service; and 5. Identify potential options to fund new service capital and operations costs. Project Location: The project will focus on a feeder - circulator bus system along the I -70 corridor between Dotsero to the west, Minturn to the south, and Vail to the east. This area covers 1,694 square miles and a total permanent population of approximately 51,000. A map of the location is provided in Attachment A. Project Tasks: Task 1: Working Group ECO Transit and the consultant will establish a project Working Group to provide input and oversee this study effort. This Working Group will include ECO Transit staff and all appropriate parties from the affected communities. Other partners such 4 as CDOT, interest groups, business interests, and human services agencies will be invited to participate. The Working Group will hold a stakeholder kickoff meeting to gain an awareness of the project, develop a vision statement or policy of the desired outcomes, and identify a timeline for results and implementation. Task 2: Public Outreach Process The consultant will incorporate a public outreach process into this feasibility study in order to identify rider needs and preferences, and to gauge opinions on suggested service routes and options. The consultant will develop a public outreach process by using methods such as structured interviews, a public survey, rider surveys, and community phone calls to employers and households. Presentations to town councils in the study area should be considered when developing the outreach process. Task 3: Demand Analysis This study will determine the level of demand for local circulator bus service valley wide and the level of demand in connecting to the ECO Transit regional service in the US 6 /1-70 corridor. Existing travel demand data will be collected from various sources such as ECO Transit ridership data, 2010 Census Data, Journey to Work, CDOT and local traffic counts, and other relevant transportation data and studies. This demand estimation will identify how best to balance convenient and frequent service with limited local and regional transit funding. The final outcome of this task will be an estimate of daily person trips, and the trip type (local, regional, commuter, shopping, health care) that would occur on circulator services and that would be transferring to ECO transit regional service. It should be noted that the demand analysis will consider both permanent population as well as some seasonal population, based on trip needs. Task 4: Service Level Based on the demand analysis in Task 3, the consultant will determine currently available services, and then potentially viable service delivery options, as well as the most appropriate level of circulator service for each community, including service characteristics, hours of operation, trip frequency, and connecting transit centers and park and rides. A detailed analysis will include recommendations on service routes, integration with ECO transit regional service, circulator frequencies, fare and transfer analysis, service operator options, fleet requirements, and vehicle maintenance and administrative staff requirements. Task 5: Capital and Operational Costs Based on the recommendations of Task 4, the consultant will assess the capital and operational costs associated with starting a frequent, localized circulator bus service. The consultant will be expected to conduct a cost - benefit analysis that explores the costs of contracting service out to an existing service such as ECO Transit vs. providing service locally through each municipality. The final outcome of this task will be cost per hour of service, or cost per mile, and a cost per passenger trip for each service. 5 Task 6: Potential Funding Options It is anticipated that funding of any new circulator services will be a significant barrier to final implementation. The consultant will identify options for the combination of local, ECO Transit, state, and federal funding sources that could be used to support the recommended circulator services. Task 7: Prepare Draft Report The consultant will deliver a Draft Report detailing existing services, public and agency outreach efforts, and a cost analysis of the identified circulator services for review by the Working Group. Comments or changes to this Draft Report will then be incorporated into a Final Report. Task 8: Final Report and Dissemination The consultant will provide ECO Transit and the Working Group with an electronic and a bound Final Report documenting the work in each of the identified tasks. A copy of the final report will also be posted on the ECO Transit website and similar copies will also be provided to CDOT. The consultant will also be required to present findings of the final report to the ECO Board of Directors. Deliverables: Deliverables will include route maps, capital and operational costs and a final report with all information from the above tasks clearly presented. Final Feeder - Circulator Feasibility Study and Needs Assessment: • 5 hard copies to Eagle County. • Provide electronic copies on CD of the following items: o The final report in color and in Microsoft Word and a PDF version. For the PDF file, the sections or chapters of the report should be combined into one file, with the option of segmenting the file for easier public downloading. o An electronic JPEG version of all illustrations, including maps, pictures, sketches, and renderings used in the final report. o All Power Point presentations. Project Management: The consultant will participate in either weekly or twice monthly conference calls with ECO Transit staff, as determined by the ECO Transit Project Manager. This will allow for continuous project updates by the consultant and input from key public sponsors. 6 The consultant is expected to develop and maintain a project schedule with key milestones and to submit monthly billing and progress reports to ECO Transit. Schedule: The consultant will complete the tasks defined within the work plan, for the preparation of the Feeder - Circulator Feasibility Study and Needs Assessment, within six months from the successful execution of a contract with Eagle County. SCHEDULE AND BUDGET This project is envisioned as a six -month project with an anticipated Notice to Proceed date of September 16, 2011. This project will have a total budget of $37,500 with an 80% Federal and 20% Local split. $30,000 will be provided from FTA and CDOT and $7,500 will come from Eagle County. GENERAL A submitted proposal shall constitute an indication that the consultant will meet the requirements established in the Work Program together with any "Addenda" issued by ECO Transit relative to this procurement of services. This RFP in no way obligates Eagle County to award a contract. The selection of a consultant firm shall be made without regard to race, color, sex, age, religion, national origin, or political affiliation. Eagle County is an Equal Opportunity Employer and encourages proposals from qualified minority and woman -owned businesses. PROCUREMENT SCHEDULE Request for Proposal (RFP) released June 28, 2011 Request for clarifications to the Scope of Work July 11, 2011 Responses to questions /clarifications posted July 18, 2011 Proposals due to ECO Transit August 2, 2011 Consultants contacted to schedule interview time (if needed) August 12, 2011 Consultant interviews (if needed) at ECO Transit August 19, 2011 Award Notification August 26, 2011 Notice to Proceed Issued September 16, 2011 7 REVIEW AND REQUEST FOR CLARIFICATIONS Requests for clarifications to the Scope of Work must be directed in writing and submitted via email to Ms. Kelley Collier at Kelley.collier @eaglecounty.us by the close of business on Monday, July 11, 2011. Any addenda pursuant to these requests will be issued by the close of business on Monday, July 18, 2011 and posted on ECO Transit's website at www.eaglecounty.us /transit. Eagle County reserves the right to respond to inquiries, as it deems necessary. PROPOSAL SUBMISSION Two (2) originals and one Digital CD of the complete proposal package must be received no later than close of business on Tuesday August 2, 2011 at the ECO Transit office. The sealed proposals must be clearly marked " Proposal for the Eagle County Local Feeder- Circulator Feasibility Study" and shall be addressed to: POSTAL SERVICE: Ms. Kelley Collier ECO Transit PO Box 1070 Gypsum, CO 81637 UPS OR FEDEX: • Ms. Kelley Collier ECO Transit 3289 Cooley Mesa Road Gypsum, CO 81637 In addition, one (1) PDF version of the complete proposal package must be sent by email to be received no later than close of business on Tuesday, August 2 2011. The emailed proposal must be clearly marked in the header " Proposal for the Eagle County Local Feeder - Circulator Feasibility Study" and shall be sent to: Ms. Kelley Collier ECO Transit Kelley.collier @eaglecounty.us Responses to this RFP should contain the following: 1. A technical proposal (not more than 25 pages) consisting of: • A cover letter expressing the firm's interest in working with Eagle County and general information on the firm to include identification of the principal 8 individual(s) that will provide the requested services; • A description of the approach to be taken toward completion of the project, an explanation of any variances to the proposed scope of work as outlined in the RFP, and any insights into the project gained as a result of developing the proposal; • A scope of services that includes steps to be taken, including any products or deliverables resulting from each task; • A summary of estimated labor hours by task that clearly identifies the project team members and the number of hours performed by each team member by task; • A proposed schedule that indicates project milestones and overall time for completion; • A list of individuals that will be committed to this project and their professional qualifications. The names and qualifications of any subcontractors shall be included in this list; and • Demonstration of success on similar projects, including a brief project description and a contact name and address for reference. 2. A Cost Proposal consisting of: • A composite schedule by task of direct labor hours; and • An itemized schedule of all expenses, including both labor and direct expenses. If the use of subcontractors is proposed, a separate schedule of expenses must be provided for each subcontractor. 3. Completed Appendix B - Acknowledgement of Requirements of the Federal Transit Administration • Appendix B, provided in this transmittal, contains federal requirements that must be agreed to and included with all proposals submitted. Failure to comply with these requirements may result in finding the Proposal non- responsive. POSTPONEMENT AND AMENDMENT Eagle County reserves the right to revise or amend this RFP and the Scope of Work any time prior to August 2nd, 2011. Revisions, amendments and /or postponement, in the form of an addendum, shall be made available on the ECO Transit website. 9 Eagle County reserves the right to postpone the opening of responses at any time prior to the scheduled date and time if deemed necessary and in the best interest of ECO Transit. REJECTIONS Eagle County reserves the right to waive any minor informalities or irregularities in the proposal received that do not go to the heart of the response, or to reject any and all proposals submitted when it is in the best interest of Eagle County. Proposals lacking key information essential to a fair and subjective review of a submittal against other responses will be rejected outright. CONSULTANT SELECTION CRITERIA A Consultant Selection Committee (CSC) will be convened to review all proposals and select a firm it considers qualified to undertake the project. The following criteria will be used to evaluate the proposals: Project Understanding /Approach 25 Percent Creativity and Clarity of Suggested Approach in the 25 Percent Proposed Scope of Services Project Manager /Staff Qualifications 25 Percent Knowledge of Eagle County Area 10 Percent Firm Qualifications /Consultant References 10 Percent Ability to Meet Project Schedule 5 Percent If the CSC determines that interviews will be required before a final decision can be made, the interviews will take place at the Eagle County RTA offices on Friday, August 19, 2011. Proposers should be willing and able to attend these interviews, if deemed necessary by the CSC. Consultants who are invited to an interview will be notified by the close of business on Friday, August 12, 2011 that an interview has been scheduled. After necessary interviews, the CSC will rank the firms according to the criteria identified above and submit recommendations for award to ECO Transit. Following final negotiations of the work plan and costs satisfactory to ECO Transit, the consultant will be asked to execute a contract with Eagle County. A Notice to Proceed will be issued upon execution of the contract. ECO Transit reserves the right to reject any and all proposals, to contract for any or all portions of the project with the selected consultant, or to hire multiple firms. The successful responder(s) to this Request for Proposals is expected to provide qualified personnel to accomplish each portion of the work in this study. Eagle County will maintain the right to request the removal of any personnel found, in its 10 opinion, during the course of work on this project, to be unqualified to perform the work. BID/PROPOSAL PROTEST PROCEDURE Protests may be made after ECO Transit has announced the successful Proposer and no later than five (5) business days from the date of the Eagle County letter awarding the contract. Protests after award will not be considered unless the protest concerns a matter that arises after the award or could not have been known or discovered prior to award. A person authorized to bind the Proposer to a contractual relationship must sign the protest letter. The letter should be signed, scanned and emailed to Ms. Kelley Collier at: Kelley.collier@eaglecounty.us. Eagle County will issue a written decision within ten (10) business days after receipt of the notice of appeal, unless more time is needed. The protesting Proposer will be notified if additional time is necessary. Eagle County must also postpone further steps in the RFP process until the protest has been resolved. Eagle County's determination is final, and no further administrative appeal is available. 11 • APPENDIX A: MAP OF THE STUDY AREA f d{ E 4 � � # .: a Y 1^F y 4 „tf 1t y, v r ,, J : 3fy ,' r„ a� rd,, f ` "'s a r �, ,� /,� { < $ t H,, r^” y// , � � g ,Na�� i � r r'l f ,.,„,,„,,,,,,,,„:,,,,,,,,„„,,,,,,,„,,,m,,,,,„5 4 z y'�x+ f 5Y d �� � £ R # `� , , r arm , K '" a f' a d ' { i .. { . ' - --- _.r. c ...,1/4. _,,-;--. 1 . r j \ 1 ''',-.. ._.„.....). . -. -' - E .. KEY 12 APPENDIX 8: Requirements of the Federal Transit Administration Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Access to Records and Reports The following access to records requirements apply to this Contract: 1. Where the purchaser is not a State but a local g overnment and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. 2. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) 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 municipal corporation, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11). Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. No Government Obligation to Third Parties (1) The municipal corporation and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the municipal corporation, the contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 13 Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, 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 FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the g P penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n) (1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination a. Termination for Convenience. Eagle County may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in Eagle County's best interest. Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to Eagle County. If contractor is in possession of any the Eagle County property, contractor shall account for same, and dispose of it as Eagle County directs. b. Termination for Default. If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, Eagle County may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by Eagle County that 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 contractor, Eagle County, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure. Eagle County, in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the municipal corporation's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice 14 from Eagle County setting forth the nature of said breach or default, Eagle County 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 Eagle County 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 Eagle County elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by Eagle County shall not limit its remedies for any succeeding breach of that or of any other term, covenant or condition of this Contract. Government Wide Debarment and Suspension 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 contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the municipal corporation. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the municipal corporation, 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. 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. Civil Rights Requirements The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, 15 contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other 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 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Contractor shall 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, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue. (3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties. Patent and Rights Data A. Rights in Data - The following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, 16 manuals, technical reports, catalog item identifications and related information. The term "subject data" does not include financial reports, cost analyses and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save and hold harmless the Federal Government, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights or right of privacy, arising out of the publication, translation, reproduction, delivery, use or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. 17 (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c) and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental or research work financed in whole or in part 18 with Federal assistance provided by FTA. Disadvantaged Business Enterprise 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% and the CDOT approved FFY 2011 Goal for participation to include 5304 funded projects in 4.5 %. 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 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 Eagle County 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, Bidders /offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. e. 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 municipal corporation. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the municipal corporation and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the municipal corporation whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the municipal corporation. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT- required contractual provisions, as stated in FTA Circular 4220.1F, 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 19 comply with any request that would cause the municipal corporation to be in violation of FTA terms and conditions. Compliance with Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the municipal corporation to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the municipal corporation and FTA, as may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute p y st tute a material breach of this contract. Geographic Information and Related Spatial Data Any project activities involving spatial data or geographic information systems activities financed with Federal assistance are required to be consistent with the National Spatial Data Infrastructure promulgated by the Federal Geographic Data Committee, except to the extent that FTA determines otherwise in writing. PLEASE PROVIDE THE FOLLOWING INFORMATION AS ACCEPTANCE OF THE FTA, REQUIREMENTS. Contractor Signature of Authorized Official Date Name and Title of Contractor's Authorized Official 20 GOVERNMENT -WIDE DEBARMENT AND SUSPENSION 49 CFR Part29, Executive Orders 12549, 12689, and 31 U.S.C.6101 (Contracts over$25,000) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103 -355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. Suspension and Debarment. This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the municipal corporation. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the municipal corporation, 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 21 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. I Contractor Signature of Authorized Official Date _ /_ /_ Name and Title of Contractor's Authorized Official 22 REQUEST FOR PROPOSALS FOR EAGLE COUNTY LOCAL FEEDER - CIRCULATOR BUS SYSTEM FEASIBILITY STUDY AND NEEDS ASSESSMENT ADDENDUM #1 ISSUED BY THE EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY July 12, 2011 1 REQUEST FOR CLARIFICATIONS TO THE SCOPE OF WORK AND EAGLE COUNTY RESPONSES REQUEST #1: Under Task 2: Public Outreach Process, are you anticipating holding public meetings in addition to conducting some of the other outreach methods listed? EAGLE COUNTY RESPONSE: Public meetings are not mandatory. If deemed necessary by Eagle County staff and the selected consultant, Eagle County staff can hold public meetings with items recommended by the consultant. REQUEST #2: Roughly speaking, what proportion of the identified budget is expected to be used and /or needed for adequate public outreach in Task 2? EAGLE COUNTY RESPONSE: While the information gathered in Task 2 is important, it is expected that the majority of the consultant's time will be spent working on Tasks 3, 4, and 5. Eagle County staff will be assisting with some of the data required in Task 2. Roughly speaking, approximately 10% of the identified budget has been projected to be used for Task 2 deliverables. REQUEST #3: What is the expectation by current stakeholders about the number of times the four town councils and the county would prefer to be briefed during the study? EAGLE COUNTY RESPONSE: One presentation with the final report will be sufficient. If deemed necessary by Eagle County staff and the selected consultant, a discussion with the various town councils and planning staff will be held midway through the study process. REQUEST #4: In Task 5, how do current stakeholders define "frequent" when talking about feeder - circulator concepts? EAGLE COUNTY RESPONSE: It is anticipated that "frequency" will be defined after work is completed under Tasks 3 and 4. 2 REQUEST #5: Is the 4.5% DBE goal a specific requirement of this project or a generalized CDOT goal for all 5304 projects? EAGLE COUNTY RESPONSE: The 4.5% annual DBE goal is for all CDOT administered FTA funded grant programs, which include 5304 projects. CDOT /FTA grantees are required to make a good faith effort to assist CDOT in achieveing this goal annually. No individual project goal has been set for this study project. 3 Ala egg i !r- -a ' a•• r •oa+w fib• I �.� � . II II w FL ► r_ Proposal For: Eagle County Local Feeder- Circulator Bus ItiN4 System Feasibility Study will . and Needs Assessment Submitted by: 1flSi EXHIBIT B August 1, 2011 pr Ms. Kelley Collier 1 - -tram ECO Transit US 3289 Cooley Mesa Road Gypsum, CO 81627 RE: Eagle County Local Feeder - Circulator Bus System Feasibility Study & Needs Assessment Dear Ms. Collier, TransitPlus, Inc. is pleased to submit this proposal to complete a Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment for Eagle County. Suzanne O'Neill is proposed as project manager and will be supported by Noelle Melchizedek. The TransitPlus team has the necessary experience and understanding. • We understand the details that are important in developing plans that will be viable for ECO Transit and the jurisdictions in the County. Suzanne brings over 30 years in the field of transit and has been exposed to or analyzed dozens of transit systems, including extensive work in Eagle County. • We understand the requirements and constraints of developing and providing high quality transit service. As such, we have identified in our Project Approach some elements that exceed the requirements of the RFP but which we think are useful for a product that will be useful for all parties. • We are experienced in assessing local and regional transit needs and identifying the elements necessary to provide cohesive and seamless transit services. TransitPlus provides excellent value. • We are able to build upon extensive knowledge, including experience with ECO Transit and Avon Transit. Suzanne is also familiar with long -range plans for the 1 -70 corridor. • Our team is small yet highly experienced in the skills and knowledge needed for this project We can complete the scope of work efficiently. • Commitment to our clients is our top priority. We will do an excellent job for you, meeting all commitments to your satisfaction. TransitPlus submits this offer in accordance with the terms and all provisions contained in the Request for Proposal, and the Contract. We are prepared to undertake this project starting immediately and complete within 6 months. TransitPlus is a Colorado corporation in good standing. We are certified as a DBE in Colorado and our certification is located with the required forms at the end of the proposal. We are excited about the prospect of providing a Feeder - Circulator Bus System Feasibility Study and Needs Assessment. We hope that you agree that our team offers the right combination of skills and experience for this project. We look forward to discussing our proposal with you. As President, I am authorized to submit this proposal on behalf of the corporation and would be happy to answer any questions you may have. Sincerely, __.. 0 ` 1,4 '` — – August 1 2011 Suzanne e Ul Dated President TransitPlus, Inc. P.O. Box 637 Elizabeth, CO 80107 303 - 646 -4319 eCID • eagle county r.glonat tramayoortation avthort*y TABLE OF CONTENTS Project Understanding and Approach 1 Project Approach 2 Personnel 3 Scope of Work 4 Budget and schedule 10 Experience 10 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment ,tirsnsai!`iierms eagle county regional transportation authority PROJECT UNDERSTANDING AND APPROACH ECO Transit has been moving towards the 2030 transportation vision for Eagle County, a vision that includes rail service in the 1 -70 corridor and feeder routes operating within the communities in the Valley. Today, ECO Transit provides bus service linking these communities and carries approximately one million annual trips. Transit is an important mode of transportation in Eagle County, with 8.5% of work trips carried on transit. It serves a wide range of travel needs for residents and visitors alike. Vail and Avon each provide circulator services within their towns, but at present no separate circulator service exists in Edwards, Eagle, or Gypsum. ECO's Highway 6 route carries 70% of the system's passengers and travels through each of the towns. The region is beginning to face trade -offs in service quality and accessibility. As the towns grow in population, people live further from the Highway 6 route. There is a need for more bus stops and desire for more deviations to better serve the new residential and activity centers. The trade -off is that every stop and every deviation takes time, resulting in longer travel times for existing riders. This study will provide models for developing new circulator routes and identify how ECO Transit can operate a spine service in the main travel corridors and provide effective connections for riders from each community. It will provide solid transit planning at the community and county level that identifies: • An estimated level of service for the spine and potential new circulator services based on needs in each community; • Operating and capital costs for potential circulator services; and • Potential sources of funding as well as exploring potential cost sharing for administrative or other services. The service evaluation will also explore the trade -off of travel time versus transfer time to identify when and how development of new services might occur. We will look at what services should most appropriately be covered by ECO versus those that local communities should cover. It will be important to consider the land use and development patterns in each community as well as the roadway networks. The RFP does not specify some items that we believe are important in developing a truly useful product. One is that TransitPlus will examine both current conditions and future growth. We will rely on existing plans in Avon and Vail but provide Minturn, Eagle -Vail, Edwards, Wolcott, Eagle, Gypsum, and Dotsero with information on what level of service will be needed as development continues. While Edwards is not a municipality, it will need to be considered as a community that may need a circulator both to provide adequate access to citizens and assure that the regional service can operate without undue delays. Minturn, while incorporated, has very few roads on TransitPlus, Inc. 1 Eagle County Local Feeder - Circulator Bus System eIC Feasibility Study and Needs Assessment r fiA/xaftaistam •agia county raglans' the authority which a full size bus can travel. While this may change if the resort proposed for the area does develop, at present the circulator options are limited. The questions may revolve more around park- and -ride access and relationship of stops to the proposed rail line. These communities illustrate the variety of conditions that exist; the unique characteristics of each will be considered. The second item is that TransitPlus will provide a budget for the initial year of service as well as an outlying year — perhaps five to ten years out — that reflects mature circulator systems based on growth projections. While policies in support of a spine and circulator network can be adopted immediately, the actual implementation of service will depend on development levels and funding availability and cycles. It is anticipated that a phased approach will need to be considered. PROJECT APPROACH The TransitPlus approach to this project will: • Build upon our existing knowledge of the region, its transit services, and travel patterns. • Our team will work closely with staff from ECO Transit as well as the towns of Avon and Vail. We will work with ECO Transit staff to build a truly representative Working Group to ensure final recommendations work for the region. • Include significant time in the communities, talking with riders and transit drivers and developing viable routing alternatives. • Identify how services can be delivered in a cost - effective and seamless manner through creative problem solving and a flexible approach. We propose to work closely with local transit staff to identify viable service options that work effectively from an operational standpoint. We will combine our strong transit planning skillset for resort communities, small cities and regional services with the knowledge of the local staff. We will work to understand the opportunities and constraints the existing transit providers face. Cohesive and seamless services are critical for passengers and for cost - effective service delivery. Our public outreach approach includes stakeholder interviews, intercept surveys, and a public meeting, as well as community presentations to municipalities and County representatives. The interviews will enable us to reach key stakeholders with whom we would not come in contact through the working group. While a public meeting is proposed, we also expect to obtain some of the most valuable information from bus riders and experienced drivers. Our intercept surveys will provide us with information on questions such as, "How far do you walk from the bus stop to your origin and destinations ?" "What do you think about a trip that requires two transfers ?" "If the transfers are direct, does that influence your response ?" "What range of trips do you TransitPlus, Inc. 2 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment iftmsoftermaan *spa county regional triessporgethen authority make by transit (employment, shopping, medical, social, etc. and what are your preferred destinations ?" The last element of our approach will be in paying close attention to how services can be delivered effectively. This may include options to contract with existing providers (for example, for the Eagle -Vail area a logical contract opportunity would be with that of service provided by Avon or the Village of Avon to the Post Road area). Flexibility and transparency will be important. In some cases it may be more cost - effective to charge a jurisdiction for additional stops, particularly in off -peak times when demand is low, rather than requiring separate services. Transparency will be needed to enable jurisdictions to determine the costs of contracting with existing providers and the minimum service quality standards they will need to meet (transfer connections, span of service) if providing their own services. PERSONNEL Suzanne O'Neill will serve as project manager and lead planner. She brings extensive experience in transit planning, financing, and operations. Her background includes work managing small city and resort transit systems, and over twenty years in transit consulting services. Suzanne is familiar with the demographic characteristics of the region, the demographic and travel projections from the 1 -70 corridor study, 2004 Travel Study, and the Colorado demographer. She has worked closely with ECO Transit on their budget, developing a cost allocation model and developed the service alternatives for the Avon strategic transit plan. NoeIle Melchizedek will serve as project planner. She will assist in compiling and analyzing information, conducting stakeholder and rider surveys, and working with Suzanne on the development of alternatives. While new to TransitPlus, NoeIle brings a solid background in transportation planning, mobility management, and consensus building to this project. Both Suzanne and NoeIle are available to carry-out this study based on the proposed study schedule. Resumes can be found at the end of the proposal, after a description of the firm's related work experience. TransitPlus, Inc. 3 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment 15►st�nte�/t�w� .agl. oaamw r.amius.� ba n .�ra..M SCOPE OF WORK Task 1: Working Group and Project Management Purpose: To provide for effective study guidance, communication, and project management. Subtask 1.1: Project Management Upon receipt of the Notice to Proceed, TransitPlus will confirm the project schedule with ECO Transit. TransitPlus will participate in either weekly or twice monthly conference calls with ECO Transit staff, as determined by the ECO Transit Project Manager, allowing for continuous project updates and input from key public sponsors. TransitPlus will submit monthly billing and progress reports to ECO Transit. Subtask 1.2: Working Group TransitPlus will assist ECO Transit in establishing a Working Group that includes representatives from all stakeholders as described in the RFP. The Working Group will provide oversight for the project and review and comment on the technical reports. They will also establish a vision and identify desired outcomes for the project. ECO will be responsible for inviting participants and arranging meetings. TransitPlus will provide action notes of the meetings to document the decisions made at each meeting. The Working Group will have a kick -off meeting and then meetings to review Technical Report 1, Technical Report 2, and a Draft Final report. Task 2: Public Outreach Process Purpose: To keep community stakeholders informed throughout the planning process about project goals, objectives, alternatives and other information. To identify rider needs, preferences, and reactions as well as to gauge opinions on suggested service routes and options. Subtask 2.1: Stakeholder and Key Person Interviews Interview up to twelve stakeholders and key persons in Eagle County to gain an understanding of policy issues and perspectives as well as a practical understanding of the impacts of changes in the existing transit systems. The stakeholders might include elected officials, individuals in the community development department, town administrators, members of the business community, human service organizations, or the Northwest Colorado Council of Governments. Subtask 2.2: Outreach to Riders - Intercept Survey As data is gathered and analyzed (Task 3), the consultant will talk with drivers regarding passenger travel and transfer patterns. As drivers are generally not in a TransitPlus, Inc. 4 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment e !`rs�x�Jtwwrru�rr single location, this will be a combination of catching them at shift changes and through riding buses. By riding buses, the consultant will also have the opportunity to talk with riders about their travel patterns and travel times. Particular attention will be paid to ECO and Avon drivers. Once conceptual alternatives have been developed (Subtask 4.1), an intercept survey will be conducted for riders with the focus on ECO riders. This survey will present conceptual alternatives and obtain feedback on them. Subtask 2.3: Public Outreach After alternatives are refined and evaluation criteria applied, they will be presented at a public meeting to obtain general comment. It is suggested that this meeting be held at the west side of the ECO region, perhaps in Eagle. Subtask 2.4: Community Presentations As the study draws towards conclusions, a presentation will be prepared that will be given to each of the five primary municipalities and to the County Commissioners. The consultant will confirm the meeting schedule upon receiving the Notice to Proceed. Task 3: Demand Analysis Purpose: To analyze the demand for local community circulator services as well as the transfer volumes anticipated between the circulator and spine services . Subtask 3.1: Analyze Data and Projections The consultant will begin by analyzing projections, travel patterns, development data, and current data from the Census. Growth projections have been developed by the demographers at the CO Department of Local Affairs, for the 1 -70 Corridor Study, and for the 2004 Travel Patterns study, each of which present a different perspective on population and employment growth, travel demand, and travel patterns. The County has unique characteristics of visitor trips and seasonal employment that are not readily captured in standard models, so more than one source of data is needed for a comprehensive picture. Suzanne O'Neill is familiar with the data from these sources; her emphasis will be on calibrating and updating the estimates base on current information. Limited 2010 Census information is now available that can assist in calibrating where Eagle County stands in relationship to these projections. In addition, the consultants will contact the county and municipal community development departments to get updated information on planned growth and development within each community. A consensus projection on employment and population growth will be developed from this information. TransitPlus, Inc. 5 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment eCO tramsliaamans easier cam* r+ownal transportation aufho,ft . Subtask 3.2: Develop Estimation Methodology The consultant will review transit boardings and travel patterns from ECO ridership data and market research. This will be compared to the historical ridership records to develop trips per capita. We will look back two years as ridership declined with service cuts. The objective is to develop a reasonable estimate of erson trips and P p trip types based on anticipated service levels. To the extent possible trip rates will be identified by market group and /or geographic location so we can best estimate the impact of residential growth and employment travel in the communities that do not now have transit services. A general demand estimation methodology will be developed to identify the range of demand in Edwards, Eagle, Minturn, and Gypsum, identified by type of trip. In Task 4 these will be refined to reflect various levels of service, transfer penalties, and travel time changes under different scenarios. Subtask 3.3: Documentation of Task Findings Task 3 will be documented in Technical Report One. Task 4: Service Level Purpose: To develop service alternatives, analyze fare options, and evaluate the alternatives through a combination of objective measures, criteria and stakeholder and public involvement (see task 2). Subtask 4.1: Conceptual Alternatives Analyze service patterns and, using demand estimations, develop conceptual alternatives for the spine and circulator systems. The primary concepts at play will be the frequency of service for the spine and circulator services, transfer connections, and effective use of vehicles in the towns. Travel times developed by ECO staff for the spine service will be used to determine the times at which transfers will be needed. - Immediate transfers are desired in each community for riders traveling in both directions. While transfers can be set up for one direction, the key is whether or not direct transfers can be established in both directions. How this can be best accomplished will be different in each community and could involve some combination of demand response service, buses scheduled at different times for morning and afternoon travelers, or regular fixed route service. - Effective use of vehicles in the towns will require balancing the need for coverage with the travel time. Buses can make a loop that is a portion of an hour (15- minute, 20- minute, 30- minute loop) but if 1.5 hours of service is needed to provide adequate service in a community, options will need to be considered for making good use of vehicle time. Peak period and mid -day options will be considered, based on demand, as will the Paratransit requirements. TransitPlus, Inc. 6 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment eCO teantairall11111111111 •+al* county regional tranaportation authority - Transfer connections in each town will consider the locations and amenities needed at each. - Alternatives for the spine system will be developed by working closely with ECO Transit staff. They will consider the phased development of circulators and how the ECO system will respond to each new system. Alternatives will also address circumstances where: o Rider travel patterns result in a need for more than one stop in a town; o Services that are shared between ECO and a local jurisdiction would eliminate a need for a 3 -seat ride (2 transfers) or would serve mid -day or evening off -peak periods. The alternatives may consider providing one stop per community or one stop per X number of residents. They may consider direct or through service for peak employment trips to reduce transfers. The objective is to identify the types of alternatives that make good sense from a rider's perspective (based on travel patterns) and an operating perspective (making efficient use of driver time and vehicles. Minimum service quality standards will be identified for connecting services, addressing issues such as fares, transfer times, and span of service. The objective is to identify the minimums that will be needed for a viable and seamless transit network. Paratransit, vehicle, maintenance, and staffing requirements will be estimated for the spine and circulator options. Also, maps will be prepared illustrating the various options. Finally, evaluation criteria will be developed against which alternative service options can be ranked. The consultant will prepare draft criteria and consult with the Working Group before final criteria are selected. The activities in this subtask will be presented to the Working Group prior to conducting the rider intercept survey identified in Subtask 2.2. Subtask 4.2: Fare Analysis A fare structure will be developed that considers rates for local circulator and transfers to regional services. The consultant will evaluate how different fare structures would integrate with that of ECO Transit. Both Avon and Vail are fare -free services, and this option will also be considered. Subtask 4.3: Selection of Alternatives After obtaining rider and public comment on the alternatives (Task 2), those with the most promise will be further refined and ranked based on the evaluation criteria. This will include a general estimation of operating and capital costs. A recommended service option for ECO will be identified which includes location of stops in each TransitPlus, Inc. 7 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment t a/ #_fie ..91e noun* regional tramaportartion we*.rga municipality and a phasing plan. For the jurisdictions with no service, recommended service levels will be identified, along with timing that will result in ideal transfer connections. Alternatives will be provided for current and projected levels of population and development. Adequate detail will be provided to enable agencies to budget for and apply for grants to fund the alternatives. For the municipalities with existing services, proposed changes to the ECO routes will be identified. In addition, the associated service changes needed for Avon and Vail services will be identified. Subtask 4.4: Documentation of Task Findings Task 4 will be documented in two phases. Subtasks 4.1 and 4.2 will be documented in Technical Report One, along with the demand estimation findings from Task 3. Subtask 4.3 will be documented in Technical Report Two, along with the findings from Task 5. Task 5: Capital Costs and Operating / Administrative Options Purpose: To estimate capital costs for the preferred alternative (the operating costs were estimated in Task 4). To identify options for service contracting or for shared administrative functions. Subtask 5.1: Capital Costs The estimated capital costs for the recommended alternatives will be identified, based on recommended vehicle types and sizes. In addition, the need for capital facilities (transfer centers, amenities, and park- and -ride facilities) will be identified for each municipality. Subtask 5.2: Operating and Administrative Arrangements Potential operating arrangements will be identified. For the municipalities this is anticipated to include direct operation, contract with a third party, or contract with an existing provider. The administrative and capital requirements will be detailed. Functions that could be contracted to ECO or another public agency will be identified. Subtask 5.2: Documentation of Task Findings Task 5 will be documented in Technical Report Two. Task 6: Potential Funding Options Purpose: To identify potential funding sources and how they might be shared among the partners. To prepare estimated budgets for both the initial and mature services. Subtask 6.1: Funding Sources Potential funding options will be identified that will consider local support, ECO Transit, state, and federal sources. The existing funding arrangements will be documented for each of the transit systems. Discussion issues will focus on how TransitPlus, Inc. 8 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment O transitimmisi .ogle count' regional transportation sotitarity changes to a spine / circulator system will impact the existing systems and how costs can be shared equitably. Subtask 6.2: Budget Applying costs and the anticipated phasing plan, a sample budget will be prepared that illustrates the costs for at least two time periods — the initial phase of implementation and the fully implemented system. Subtask 6.3: Task Documentation Task 6 will be documented in the draft final report. Task 7: Prepare Draft Report Purpose: To prepare a draft final report that considers all comments and provides an opportunity for stakeholder review. Subtask 7.1: Draft Final Report Compile a draft final report comprised of all previous work. It will address all comments received and allow for one final round of review. The draft final report and a presentation on its recommendations will be presented to the Working Group for review and then to interested jurisdictions. Task 8: Final Report and Dissemination Purpose: To complete and distribute the report. Subtask 8.1: Final Report The draft final report will be revised as needed and a final report published. Five hard copies and electronic copies on CD will be provided to Eagle County. The electronic copies will include a Word version, a PDF version (single copy and individual chapters), JPEG versions of graphics and PowerPoint presentations. TransitPlus, Inc. 9 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment e MMIX5✓1`wr f *Milo own* roytonat t•ansporlitten authority BUDGET AND SCHEDULE A budget and schedule are attached on the following two pages. The project is proposed to be completed between the end of August, 2011 and February, 2012. The proposed budget is $37,085 and includes 373 labor hours. Both the budget and schedule have some flexibility in them and can be adjusted as needed to better meet the needs of ECO Transit. For example, the schedule can be tightened up if desired, to enable the project to be completed in 5 months rather than 6 months. EXPERIENCE PROPOSED PROJECT BUDGET TRANSIT PLUS Suzanne Emily NoeIle Brandon Michelle LABOR O'Neill, Jackson, Melchizdek, Shaver, Mirabal, Principal Planner 111 Planner 1 Planning Admin. Intern Assistant Task to Billin• Rate: $140.00 $85.00 $60.00 $60.00 $60.00 Total Task 1.1 Project Management 3 0 2 $540 $2,140 1.2 Working Group - Kick -off Mtg 8 8 $1,600 pF , 2.1 Stakeholder Interviews 8 8 $1,600 2.2 Intercept Survey 8 16 $2,080 2.3 Public Outreach 8 8 $1,800 $8,060 2.4 Community Presentations 16 4 $2,580 3.1 Analyze Data and Projections 8 8 $1,600 3.2 Estimation Methodology 8 $1,120 $3,440 3.3 Document Task Findings 8 4 $720 4.1 Conceptual Alternatives 16 16 16 $4,560 4.2 Fare Analysis 8 8 $1,600 4.3 Selection of Alternatives 16 8 $2,720 $10,640 4.4 Document Findings 4 12 8 $1,760 5.1 Capital Costs 6 8 $1,320 5.2 Operatng &Administrative Options 8 8 $1,600 $4,440 5.3 Document Findings 4 12 4 $1,520 6.1 Funding Sources 4 8 $1,040 6.2 Budget 8 8 $1,600 $3,760 6.3 Document Task 2 10 4 $1,120 7.1 Draft Final Report 2 12 8 $1,480 $1,480 8.1 Draft Final Report 2 8 4 $1,000 $1,000 147 28 166 32 $34,960 DIRECT EXPENSES Lodging and per diem (7 person nights) $875 Printing $500 Milea•eEx•enses fourtri.s $750 TOTAL PROJECT COST $37,085 TransitPlus, Inc. 10 N ',":„:',•„!.7, . L... csi u � la 1. N • E jt" r a ' ry' yt •`i' J�. ryE'�r N 0 J ! O ,:,,:„.',,,„:, ., se '-,,- "':' n ';'.e!'"';',: ,,, , :,''',.,'',,,,,,'",',.„;: r :: ::::: ,,,,, : i: . : . it f o , ,:,:::,: rn Cn m . _ iF: L m C @ o E 1 a s O h. U Q 'Cu 1,:"..; j y U t to v p o N T O I 0 > ++ C d o C U O` li CD Z C> H E Y 12-:..";,,,,,,, : w x >tu 1 N "O 'O a ' d E Q c �, : y Q c c d u LLi' c c 1., _ m r , o 0 m m E c c ° 0, rno n o d a c o ; U c g' 0 HI d o f d o > Q E m m E � 1 v m t C o •0 0 0 , , 1-, o° o m d o w a o d m m ; U d U ? d ', c d U ;< w Ot, U u_ v) U O O to O F u c7r) as L ; { E 1 '` .. N N° ' N M y"'k' N M 1 N M N M ,— N M 0,.; 7 • W as La) d H '' 7 ; 1,'H� N N N N i M M M a V d' V, til: lf) u7 CO C CO M!., 1.... � •,`' co Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment alCID 11ramsll`wwatan •agle aeon* regional t ampere a•n authergy RFTA- ECO Canyon Connector 2008 -2009 Roaring Fork Transit Authority Contact: Jason White 0766 Industry Way 970.384.4968 Carbondale, CO 81623 Assessed the viability of providing connecting bus service between RFTA operations in Glenwood Springs and ECO Transit operations in Dotsero and Gypsum. The demand assessment used projections from the 1 -70 Corridor Model along with updated demographic and economic projections and assessments of activity centers. In addition, qualitative information was gathered through key person interviews. The assessment showed a solid demand, so service alternatives were designed. For the selected alternative, TransitPlus developed schedules, identified how connections would be made, and identified how the fare structure could be set up to allow for seamless connections and a fair sharing of revenues. As a result of a facility and system capacity assessment, ECO was recommended as the provider. Budgets and necessary agreements between the two agencies were identified. Key Personnel: Suzanne O'Neill, William Hoople, Emily Jackson ECO Transit Evaluation of Consolidation Opportunities 2011 ECO Transit Contact: Kelley Collier 3289 Cooley Mesa Rd, P.O. Box 1070 970- 328 -3533 Gypsum, CO TransitPlus worked with local business and transit agency leaders to analyze the potential for consolidating regional and local transit systems. This project provided a first phase analysis of the issues, including an assessment of existing conditions, evaluation of expenses and revenues and identification of governance options. Russell Molina, a local businessman, carried out the budget evaluation. In addition, the team identified questions regarding how overhead charges, capital assets, and debt would impact how a merger of services would be accomplished. Next steps, including identification of how planned future studies would support continued discussions, were identified. Key Personnel: Suzanne O'Neill North Front Range Regional Transit Element 2010 - 2011 North Front Range Metropolitan Planning Organization Contact: Suzette Mallette 419 Lincoln Avenue 970 - 416 -2257 Fort Collins, CO TransitPlus updated the Regional Transit Element for the 2035 Regional Transportation Plan. The focus was on how to implement regional transit services and the roles and responsibilities of the various funding partners. It included alternative service level scenarios, a financial analysis for various service levels, and a strong outreach TransitPlus, Inc. 12 Eagle County Local Feeder - Circulator Bus System Feasibility Study and Needs Assessment eCCO eagle county regional traneportanon authority component to local jurisdictions and CDOT to map out strategies for implementing the regional services identified in the North 1 -25 EIS and regional services needed to meet other local travel needs. Finance and governance options were a key component. TransitPlus moved this discussion forward by identifying how various fund sources could be leveraged (resulting in budget requirements that are manageable) and identifying the questions that need to be addressed by potential funding partners, including the share each partner would cover. The plan recognized the role of and impacts on local, regional, and state entities. It mapped out a process for addressing the complex questions and honoring the needs of State and local entities in the decision- making process. Key Personnel: Suzanne O'Neill and Emily Jackson Town of Chino Valley 2009 - 2010 Prime: RAE Consultants Contact: Vicky McLane, Central Yavapai MPO 1029 E. 8th Avenue, #807 Phone: (928) 759 -5519 Denver, CO 80218 e-mail: vmclaneApvaz.net TransitPlus developed general public transit service options for the Town of Chino Valley. The planning process included data evaluation, fieldwork to determine routing options and stops, assessment of resources, and public input. A service plan was developed that included local services and regional service to the town of Prescott. Detailed financial plans were developed that enable the town of Chino Valley to leverage available resources and fund service for two years. This project resulted in services that were on the scale of what will be required for circulators in some of the larger communities in the 1 -70 corridor. It illustrates the firm's ability to develop workable service and financial plans for such services. The contact for this project is a transportation planner at the MPO who is familiar with this project. The planner for the Town of Chino Valley has since left the employ of the town. Key Personnel: Suzanne O'Neill and Emily Jackson TransitPlus, Inc. 13 • RESUME 1 Suzanne O'Neill has thirty years experience in transit planning and management. tJ10Vinq iP She is experienced in all aspects of public transportation systems and brings P.O. Box 637 extensive knowledge of routing, scheduling, and intermodal connections to this 2800 East Ridge Road Elizabeth, Colorado project, including detailed knowledge of the project. She is accomplished 80107 in issues identification and public involvement. 303 - 646 -4319 Fax 303 - 646 -1565 www.transitplus.biz EXPERIENCE Transportation Consultant 1990 - Present Principal of TransitPlus, Inc., a Colorado firm specializing in planning and management of public transportation systems. Ms. O'Neill has prepared a wide variety of short and long -range transit development plans, regional transportation plans, and coordination plans. She has completed CD routing analysis and scheduling assignments in all sizes of transit systems. She frequently works on intercity or regional services as well as in all aspects of financial and regulatory work for transit --- properties. She is knowledgeable about integration of transit with other modes of transportation and the Americans with Disabilities Act as it pertains to public transit and to public rights-of-way. Example projects are: °°° • A feasibility study for connecting service between Glenwood Springs and Gypsum, Colorado to bridge the gap between two transit systems and serve as a precursor and feeder for rail services. (2009) • Transit planning work for the Fastracks 1 -225 Corridor project in Denver /Aurora CO where she identified existing services and recommended restructuring the bus services that feed into the corridor. (2008) • For Denver's Southeast Light Rail Corridor, she was responsible for a feasibility study to identify commuter travel demand to and from the corridor. She worked with RTD to design the feeder services in the corridor and to transition The Link circulator bus into the new network of services. (2006) Transportation Director, Steamboat Springs, CO 1981 -1986 Responsible for all aspects of starting and operating a new local bus system. Duties included general administration, hiring & supervision, training and safety; budget preparation and grant management; purchasing; planning; marketing; working with the City Council, Transit Advisory Committee, community leaders, and citizens. Managed projects involving construction of a maintenance and operations facility, and purchase of buses and related equipment. Transit Manager, Salinas, CA 1978 -1981 Responsible for the administration, operations, and maintenance of a small municipal bus system. Negotiated a merger of the system with a neighboring system. EDUCATION B.A., June - 1976 in Social Ecology at the University of California, Irvine Campus. Emphasis in Planning and Public Policy. • W I RESUME TranS1 1-4r Noelle Melchizedek has four years experience in mobility management, transportation coordination, group facilitation and examining the intersection t ,I of transportation planning, land use planning and impacts to community health. analysis and creating East Ridge Box 637 She is skilled in data collection and anal y g presentations, fact 2800 East Ridge Road sheets, brochures, and other media materials. She has specific training in Elizabeth, Colorado charrette design and leadership and facilitation. 6 303 - 646 -4314319 9 Fax 303- 646 -1565 o.a EXPERIENCE www.transitplus.biz Noelle Melchizedek has four years experience in mobility management, transportation coordination, group facilitation and examining the intersection of transportation planning, land use planning and CD impacts to community health. She is skilled in data collection and analysis and creating presentations, fact sheets, brochures, and other media materials.She has specific training in 0 charrette design and leadership and facilitation. Project Coordinator, Redwood Community Action Agency 2007 - 2011 CD CL Noelle led two key partnerships while at the Redwood Community Action Agency: The Humboldt Partnershp for Active Living and the Humboldt County Mobility Management Coalition. She also led projects focused on relationship building, developing tools to empower local governments to impact community health, and transportation service assessments. As Project Coordinator for these programs, her responsibilities included: o Taking projects from vision to implementation; directing and supervising staff; developing grant applications, timelines, and reports; creating and managing budgets; managing invoicing, subcontracts and consultants; creating and giving presentations. o Planning trainings, events, facilitating meetings, and creating outreach and meeting CD materials. - o Led the Humboldt County Transportation Services Gaps Analysis, an assessment of all human EINUM service, non - profit, and transit agency transportation services in the County, including GIS mapping, research of barriers and solutions to coordination, and recommendations for next steps to increase service and coordination. o Created and led the Mobility Management Coalition, comprised of social service, transportation providers, community planners, health advocates, and the Regional Transportation Planning Agency. Led the strategic planning process to create a Mobility Management Center; successfully catalyzed implementation of the Center. o Facilitated the Humboldt Partnership for Active Living, an unusual, multidisciplinary partnership consisting of engineers, planners, social service providers, research institutions, public health staff, foundations, and others, dedicated to improving active living and public transportation policy and access. Steering Committee Member, Humboldt Community for Activity and Nutrition 2008 -2011 Led the strategic planning process for the collaborative; facilitated the planning and implementation of the Humboldt Healthy Heroes Media Campaign, focused on highlighting organizations making policy and institutional change to increase healthy eating and active living opportunities; oversaw community organizing efforts; assisted with grant writing. EDUCATION Humboldt State University, Arcata, CA; B.S. Environmental Policy, GPA 3.83 Eagle County Local Feeder - Circulator Bus System eal Feasibility Study and Needs Assessment +�+* aowdn�o++ +waeellj. APPENDIX B: ACKNOWLEDGEMENT OF REQUIREMENTS OF THE FEDERAL TRANSIT ADMINISTRATION TransitPlus, Inc. 16 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Office of Certification ,: • 0 4201 East Arkansas Avenue, Room 200 Denver, Colorado 90222 303-5124140 ssavrmrrranuromrnah fax 303 - 512 -414.6 July 12, 2010 Ms. Suzanne O'Neill TransitPlus, Inc. PO Box 637 Elizabeth, CO 80107 Dear Ms. O'Neill, ANNUAL APPROVAL OF CERTIFICATE #6072 The Office of Certification is pleased to inform you that TransitPlus, Inc. has been reviewed and deemed eligible for continued participation in the United States Department of Transportation's (U.S. DOT) Disadvantaged Business Enterprise (DBE) Certification Program. This letter serves as your official certification. Your firm will continue to be included on the Colorado Uniform Certification Program's on -line directory of eligible DBE's. You can access the directory at www.dotstate.cous/app_ucp/. Certification number is 6072 Expiration July 31, 2013 Certified to participate as a DBE on U.S. DOT financially-assisted projects in the State of Colorado For the duration of your fun's continued eligibility, business development assistance is available from Colorado's UCP members. To inquire about particular programs available through these entities, please contact them directly. In accordance with U.S. DOT Regulations found at 49 CFR Part 26, your firm is certified for a period of three years, provided annual updates are timely submitted. You will be notified each June, the month prior to the anniversary of your certification, that your certification status must be re- evaluated. The notification provides instructions on documents to submit to the Office of Certification. However, should you not receive notification from this office during that month, it is your responsibility to contact us. Submittal of this information is necessary to ensure that there is no interruption in your certified status during the three -year period. The State of Colorado's UCP partners wish you continued success in all your business endeavors. Sincerely, Greg Diehl, BO Supervisor Office of Certification r -~-- - -- - -- - -- 4 ahr -- - -- - -- A `- 1 - - - lA 0 44 rj v N I 1 1 4 N - tz.1 ■ I 4 °' o �' N ! I ci.; CNI ELI ti, It'".. t.,) : r3.., \I 4t .N -1-1 ?. Ni �' 4 KJ z ! o V, cl cu ■ '� V 5( : H z • N C3 I i et g ` � i ( [� a� o o n ° °' , i t C ► l I ,...r...,%..,:t.12 t.„...., ,..._,,...5: I ( 1 { N �� 11 I tt II ki t2 N E ,., , ` it ,z3, . , ,. ,,, APPENDIX 8: Requirements of the Federal Transit Administration Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Access to Records and Reports The following access to records requirements apply to this Contract: 1. Where the purchaser is not a State but a local government and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PM0 contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. 2. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. Contractor shall maintain all books, records, accounts and reports required under this contract fora period of not less than three (3) 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 municipal corporation, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11). Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. No Government Obligation to Third Parties (1) The municipal corporation and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the municipal corporation, the contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 13 Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, 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 FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination a. Termination for Convenience. Eagle County may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in Eagle County's best interest. Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to Eagle County. If contractor is in possession of any the Eagle County property, contractor shall account for same, and dispose of it as Eagle County directs. b. Termination for Default. If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, Eagle County may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by Eagle County that 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 contractor, Eagle County, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure. Eagle County, in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the municipal corporation's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice 14 from Eagle County setting forth the nature of said breach or default, Eagle County 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 Eagle County 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 Eagle County elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by Eagle County shall not limit its remedies for any succeeding breach of that or of any other term, covenant or condition of this Contract. Government Wide Debarment and Suspension 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 contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the municipal corporation. ]fit is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the municipal corporation, 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. 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. Civil Rights Requirements The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, 15 contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other 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 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Contractor shall 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, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue. (3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties. Patent and Rights Data A. Rights in Data - The following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, 16 manuals, technical reports, catalog item identifications and related information. The term "subject data does not include financial reports, cost analyses and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. § 1$.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non - exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2) (b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. if the experimental, developmental or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save and hold harmless the Federal Government, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights or right of privacy, arising out of the publication, translation, reproduction, delivery, use or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. 17 (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c) and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution • of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions' to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental or research work financed in whole or in part 18 with Federal assistance provided by FTA. Disadvantaged Business Enterprise 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% and the CDOT approved FFY 2011 Goal for participation to include 5304 funded projects in 4.5 %. 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 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 Eagle County 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, Bidders /offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. e. 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 municipal corporation. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the municipal corporation and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the municipal corporation whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the municipal corporation. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT- required contractual provisions, as stated in FTA Circular 4220.1F, 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 19 comply with any request that would cause the municipal corporation to be in violation of FTA terms and conditions. Compliance with Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the municipal corporation to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the municipal corporation and FTA, as 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. Geographic Information and Related Spatial Data Any project activities involving spatial data or geographic information systems activities financed with Federal assistance are required to be consistent with the National Spatial Data Infrastructure promulgated by the Federal Geographic Data Committee, except to the extent that FTA determines otherwise in writing. PLEASE PROVIDE THE FOLLOWING INFORMATION AS ACCEPTANCE OF THE FTA REQUIREMENTS. Contractor f f'a/lilfrOGi. Signature of Authorized Official Date `7 /n/my) Name and Title of Contractor's Authorized Official 5t- iZ(trti l r O II 1 rr6icfret 1- 20 GOVERNMENT -WIDE DEBARMENT AND SUSPENSION 49 CFR Part 29. Executive Orders 12549. 12689, and 31 U.S C 6101 (Contracts over S25.0O0) Background and Applicability � PP tY In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103 -355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.3 00. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. Suspension and Debarment. This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the municipal corporation. flit is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the municipal corporation, 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 21 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. Contractor �1?/}�S %u5 Signature of Authorized Official : 7L4t ' 112.( - 11 1 Date 7 /2 /z' // Name and Title of Contractor's Authorized Official 5 r..ai4» i 0'4 /f / sidoott 22