HomeMy Public PortalAboutORD14878 BILL NO. 2911-94
SPONSORED BY COUNCILMAN f� Griffith
/
ORDINANCE NO. I `� y ,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HDR
ENGINEERING, INC., FOR TRAVEL DEMAND MODELING.
WHEREAS, HDR Engineering, Inc. has been selected as the firm best qualified to
provide professional services related to the Travel Demand Modeling,
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1, HDR Engineering, Inc., is hereby approved as the best qualified firm to
provide professional services and its proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with HDR Engineering, Inc.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: 1 ,`3"i� Approved: (1-712-011
LL
Presiding Officer Mayor w
ATTEST: APPROVED AS TO FORM:
Ctty CIe Interim City Counselor
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
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THIS CONTRACT, made and entered into this day oL&� ber, 2011, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter
referred to as the"City,"with offices at 320 East McCarty, Jefferson City, Missouri, 65101,
and HDR Engineering, Inc., hereinafter referred to as the "Consultant," with offices at
4435 Main. Street, Suite 1000, Kansas City, Missouri, 64111.
WITNESSETH:
THAT WHEREAS, the City desires to engage the Consultant to render certain
technical and professional planning services hereinafter described in Exhibit A.
WHEREAS, Consultant has made certain representations and statements to the
City with respect to the provision of such services and the City has accepted said proposal
to enter into a contract with the Consultant for the performance of services by the
Consultant.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and
between the City and the Consultant as follows:
1. Scope of Services. The City agrees to engage the services of the Consultant to
render certain technical and professional planning services hereinafter described in Exhibit
A.
2. Additional Services. The City may add to consultant services or delete therefrom
activities of a similar nature to those set forth in Exhibit A, provided that the total cost of
such work does not exceed the total cost allowance as specified in paragraph 6 hereof. The
consultant shall undertake such changed activities only upon the direction of the City. All
such directives and changes shall be in written form and approved by the Director of
Planning&Protective Services and shall be accepted and countersigned by the Consultant
or its agreed representatives.
3. Existing Data. All information, data and reports as are existing, available and
necessary for the carrying out of the work, shall be furnished to the Consultant without
charge by the City, and the City shall cooperate with the Consultant in every reasonable
way in carrying out the scope of services. The Consultant shall not be liable for the
accuracy of the information furnished by the City.
4. Personnel to be Provided. The Consultant represents that Consultant has or will
secure at its expense all personnel required to perform the services called for under this
contract by the Consultant. Such personnel shall not be employees of or have any
contractual relationship with the City except as employees of the Consultant. All of the
services required hereunder will be performed by the Consultant or under the Consultant's
direct supervision and all personnel engaged in the work shall be fully qualified and shall
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be authorized under state and local law to perform such services. None of the work or
services covered by this contract shall be subcontracted except as provided in Exhibit A
without the written approval of the City.
5. Notice to Proceed. The services of the Consultant shall commence as directed in the
Notice to Proceed and shall be undertaken and completed in accordance with the schedule
contained in Exhibit A.
6. Compensation. The total amount for professional services rendered under this
shall not exceed Ninety-Eight Thousand and Nine Hundred Twenty-Three Dollars
($9$,923.00) for all design and consultant services and printing. No change in
compensation shall be made unless there is a substantial and significant difference
between the work originally contemplated by this agreement and the work actually
required.
7. Failure to Perform, Cancellation.. If, through any cause, the Consultant shall fail
to fulfill in timely and proper manner its obligations under this contract, or if the
Consultant shall violate any of the covenants, agreements, or stipulations of this contract,
the City shall thereupon have the right to terminate this contract by giving written notice
to the Consultant of such termination and specifying the effective date thereof, at least five
(5) days before the effective day of such termination. The Consultant may without cause
terminate this contract upon 30 days prior written notice. In either such event all finished
or unfinished documents,data, studies,surveys, drawings,maps,models,photographs, and
reports or other materials prepared by the Consultant under this contract shall, at the
option of the City, become its property, and the compensation for any satisfactory work
completed on such documents and other materials shall be determined. Notwithstanding
the above, the Consultant shall not be relieved of liability to the City for damages
sustained by the City by virtue of any such breach of contract by the Consultant.
8. Assignment. The Consultant shall not assign any interest in this contract, and shall
not transfer any interest in the same (whether by assignment or novation), without prior
written consent of the City thereto. Any such assignment is expressly subject to all rights
and remedies of the City under this agreement, including the right to change or delete
activities from the contract or to terminate the same as provided herein, and no such
assignment shall require the City to give any notice to any such assignee of any actions
which the City may take under this agreement, though City will attempt to so notify any
such assignee.
9. Confidentiality. Any reports, data or similar information given to or prepared or
assembled by the Consultant under this contract which the City requests to be kept as
confidential shall not be made available to any individual or organization by the
Consultant without prior written approval of the City.
10. Nondiscrimination. The Consultant agrees in the performance of the contract not
to discriminate on the grounds or because of race, creed, color, national origin or ancestry,
sex, religion, handicap, age or political affiliation, against any employee of consultant or
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applicant for employment and shall include a similar provision in all subcontracts let or
awarded hereunder.
11. Independent Contractor. The Consultant is an independent contractor and nothing
herein shall constitute or designate the Consultant or any of its employees as agents or
employees of the City.
12. Benefits not Available. The Consultant shall not be entitled to any of the benefits
established for the employees of the City and shall not be covered by the Workmen's
Compensation Program of the City.
13. Liability. The parties mutually agree to the following:
a. In no event shall the City be liable to the Consultant for special, indirect, or
consequential damages, except those directly or approximately caused by the
City arising out of or in any way connected with this contract.
b. The Consultant shall indemnify and hold the City harmless from and against
all claims, losses and liabilities arising out of personal injuries, including
death, and damages to property to the extent caused by any negligent act or
omission on the part of the Consultant related to the services performed
under this contract.
14. Documents. Reproducible copies of tracings and maps prepared or obtained under
the terms of this Contract shall be delivered upon request to and become the property of
the City upon termination or completion of work. Copies of basic survey notes and
sketches, charts, computations and other data prepared or obtained under this Contract
shall be made available, upon request, to the City without restrictions or limitations on
their use. When such copies are requested, the City agrees to pay the Consultant its costs
of copying and delivering same.
15. Nonsolicitation. The Consultant warrants that he had not employed or retained any
company or person, other than a bona fide employee working solely for the Consultant, to
solicit or secure this Contract, and that he has not paid or agreed to pay any company or
person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon
or resulting from the award or making of this Contract. For breach or violation of this
warranty, the City shall have the right to annul this Contract without liability, or, in its
discretion, to deduct from the Contract price or consideration,or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee.
16. Books and Records. The Consultant and all his subcontractors shall maintain all
books, documents, papers, accounting records and other evidence pertaining to costs
incurred in connection with this Contract,and shall make such materials available at their
respective offices at all reasonable times during the Contract and for a period of three (3)
years following completion of the Contract.
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17. Delays. That the Consultant shall not be liable for delays resulting from causes
beyond the reasonable control of the Consultant; that the Consultant has made no
warranties, expressed or implied, which are not expressly set forth in this Contract; and
that under no circumstances will the Consultant be liable for indirect or consequential
damages.
18. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm
its enrollment and participation in a federalwork authorization program with
respect to the employees working in connection with the contracted services.
b. Contractor shall sign an affidavit affirmingthat it does not knowingly employ
any person who is an unauthorized alien in connection with the contracted
services.
C. If contractor is a sole proprietorship, partnership, or limited partnership,
contractor shall provide proof of citizenship or lawful presence of the owner
prior to issuance of the Notice to Proceed.
19. Notices. All notices required or permitted hereinunder and required to be in writing
may be given by first class mail addressed to the Department of Planning & Protective
Services, 320 East McCarty, Jefferson City, Missouri, 65101, and the Consultant, at 4R.
Engineering, Inc., 4435 Main Street, Suite 1000, Kansas City, Missouri, 64111. The date
and delivery of any notice shall be the date falling on the second full day after the day of
its mailing.
EXECUTED THIS L DAY OF-Septe-�e;2011.
CITY OF JEFFE N, MISSOURI HDR ENGINEERING, INC.
ti
R. Curtis, Jr., nE
Mayor 8V. Englmaft, Inc,
ATTEST: ATTEST:
City Clerk u Title:
APPROVED AS TO FORM:
Interim City Counselor
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LAMID
Scope of Services-CAMPO Travel Demand Model updated&confirmed June 30,2011
This project has the following major goals:
1. Create, calibrate and validate a daily existing conditions TransCAD model for the CAMPO
region based on 2010 conditions (including documentation).
2. Use the calibrated existing conditions model to create daily models for year 2020 and-2035 for the
CAMPO region(including documentation).
3. Use hourly (diurnal) factors for each model to allow the estimation of peak-hour volumes and
intersection analysis.
4. Provide initial results, documentation, and all model files to CAMPO.
1. Prolert Management
1.1 HDR will conduct project management activities including invoicing, monthly progress reports,
cost control, sub-consultant coordination, and scheduling. HDR will also establish QA/QC
protocols, based on standard company procedures.
1.2 HDR will attend monthly progress meetings (up to 9) to review progress with CAMPO staff and
to discuss any scope adjustments that may be needed as the project develops. Up to three of these
meetings will be in Jefferson City; it is assumed that the rest will be telephone conference calls.
2. Data Gathering
This scope anticipates that the majority of the data listed in Task 3 (below) will be readily available
from CAMPO or other agencies, in electronic formats, or will be developed by CAMPO as requested.
However, it is anticipated that a certain amount of additional data will be needed, primarily
consisting of field verification of certain network attributes, and minimal spot-checking of Iand-use.
This scope includes no new traffic counts by the consultant. Up to 40 hours of planning/engineering
time are allotted to this task.
3. TransCAD model—Existing Conditions
The objective of this task is to develop, calibrate and validate a base year (2010) daily existing
conditions model of the CAMPO area. The model will be developed using TransCAD 5.0.
3.1 Transportation Network
HDR will review CAM-PO's existing region-wide GIS street network to determine adaptations
that may be needed for modeling purposes. This includes a determination of which roadways will
be incorporated into the model. This scope assumes that freeways, expressways, arterials, and
key collectors will be included in the model.
CAMPO will provide (or create) the following electronic GIS-based attributes for the roadways
included in the region-wide network:
• Street names
• Functional classes
• Number of lanes in each direction
• Presence/type of median
.. ....... .. .. ..... . ... ..
• Posted speeds and/or free-flow speeds
• Locations of one-way links
• Locations of turn restrictions
• Grades (where>3 %)
HDR will review the CAMPO-attributed network(via plots, etc.) for reasonableness.
HDR will develop roadway link capacity functions (equations involving the link attributes) based
on standard factors, previous experience, and any capacity data that CAMPO can provide.
Based on the results of Task 3.2 below, HDR will create centroid connectors representing the
locations at which vehicles from Traffic Analysis Zones (TAZs) will access the transportation
network.
3.2 Socioeconomic Data
The objective of this task is to develop a 2010 base-year TAZ database containing socioeconomic
data to underlie the travel forecasting.
• CAMPO will provide a geodatabase of points for each parcel in the CAMPO region, including
the type of land-use by ITE code (both employment and housing) and the magnitude of the land
use (in appropriate units such as square feet, employees, dwelling units, acres, etc.)for 2010.
• HDR will obtain relevant GI5-format census data for the CAMPO area, for use in developing trip
productions (population, income, household size, etc.). HDR will use a combination of available
2010 Census figures and relevant historical Census data.
• HDR will obtain LEND employment data files (available at no charge from Cornell University—
2008 is latest available) for the CAMPO area, for use as a check in developing trip
attractions. CAMPO will also supply information regarding major recent developments in the
region, for use in verifying that model land-use assumptions accurately represent current
conditions.
• HDR will work with CAMPO to develop land-use/socioeconomic categories to be incorporated in
the model. Further, HDR will make recommendations regarding the independent variables in the
trip rate equations (square footage, employees, etc.). It is anticipated that no more than 10
categories will be included in the model,plus allowance for special generators.
• HDR will review the current CAMPO Traffic Analysis Zone (TAZ) structure and
recommend refinements if necessary for modeling purposes. This scope assumes only minimal
refinements will be needed. CAMPO staff will make the necessary refinements and provide a
shape file importable into TransCAD.
• HDR will aggregate the socioeconomic data to the TAZ level. HDR will incorporate the
socioeconomic data into a database using TAZ as a unique identifier. HDR will review the data at
a control total level, as well as via inspection of color-theme maps, and will incorporate it into the
TransCAD model.
3.3 External Stations
External stations are roadway links at the edges of the model, where traffic enters or leaves the
model area.
Based on available counts at the external locations, HDR will develop external station volumes,
estimate external-internal (E-I) trips by purpose, and estimate extemaI-external (E- E) matrices
......... .... .....
for daily conditions. Additional sources used in the development of these estimates will include
CAMPO staff, MoDOT staff, previous models, consideration of adjacent land-use, and
consideration of facility fiuictional class.
3.4 Trip GenerationlDistribution
In conjunction with CAMPO, HDR will recommend a set of trip purposes (up to 5) to be used in
the model.
Based on standard published rates, and any data available from CAMPO, HDR will develop daily
person-trip generation rates (by trip purpose) for the production and attraction categories
developed in Task 3.2.
Based on industry standard data, and any additional data available from CAMPO, HDR will
develop average vehicle occupancy assumptions by trip purpose.
3.5 Existing Traffic Counts
CAMPO will provide all available current and historical counts (2005 to present) for
roadways/highways in the CAMPO area, including MoDOT counts, in electronic format (hourly
breakdowns by direction and vehicle classification). HDR will examine the available count
data to determine whether the coverage is adequate for calibration/validation purposes. If not,
HDR will recommend locations where additional counts are needed and request that CAMPO
make such counts. HDR will import the counts into the TransCAD model for use in validation.
CAMPO will provide peak-hour intersection turning-movement counts for up to 10 high-priority
intersections throughout the CAMPO area. CAMPO will also provide lane geometry and signal
timing for each intersection. HDR will work with CAMPO to identify which intersections will be
included.
3.6 Model Process Control
HDR will develop a GISDK-based interface for the CAMPO TransCAD model to automate the
various phases of modeling to the extent feasible. The coding will include the implementation of
time-of-day factors by trip purpose to allow extraction of peak-hour forecasts. Any source code
developed in this task will be an open-source part of the model, and therefore available to
CAMPO staff or its designees to use and edit.
3.7 Model Output/CalibrationlValidation
HDR will run the model developed above, and will create plots and graphics illustrating link
volume assignments. HDR will analyze calibration statistics for assignment vs. count, screen
line vs. count, and trip length frequency distribution. The calibration will be based on industry
guidelines, and will include percent assignment error, Root Mean Square Error (RMSE),
Coefficient of Determination (R2), VMT, VHT, average speed, and other relevant parameters.
HDR will adjust delay functions, trip length functions, and other parameters to improve
calibration statistics if needed.
HDR will extract p.m. peak-hour turning movement forecasts from the model for the 10
intersections referenced in Task 3.7, and will compare them with existing counts using similar
error measures as used for the link volumes.
3.8 Documentation
HDR will create a model development and calibration document that describes the process used
to update the model for existing conditions, includes final volume plots, and summarizes
the calibration statistics.
.. ... .... ...... ... ....... ....
4. TransCAD model development—Year 2020
The purpose of this task is to develop a 2020 TransCAD (version 5.0) model for the CAMPO area,
building on the 2010 base year model developed in Task 3.
43 Transportation Net►vork
HDR will confer with CAMPO to verify roadway network assumptions to be used for the 2020
scenario. This will include an examination of committed and planned projects. HDR will
modify the TransCAD network to represent the 2020 scenario. Similar to Task 3.1, this task
includes discussion between HDR and CAMPO regarding which 2020 roadway modifications
and new roadways will be incorporated into the model. Related link.attributes (listed in Task 3.1)
and centroid connectors will be edited accordingly by HDR.
4.2 Socioeconomic Data
CAMPO will provide (in electronic format) 2020 TAZ-Ievel forecasts of the socioeconomic
variables developed in Task 3.2 for the entire CAMPO area. No TAZ structure refinements are
assumed necessary in this task; the structure developed in Task 3 will be retained. HDR will
review these forecasts for reasonability, and will incorporate them into the TransCAD model.
4.3 External Stations
HDR will develop external 0-D forecasts for the 2020 scenario. Sources to be examined in
developing the external O-D forecasts include historical traffic growth trends, control-total land-
use forecasts, and/or other applicable information from available studies.
4.4 Model Rnns/Outputs
HDR will modify the TransCAD model to create a daily 2020 scenario. HDR will run the model,
and will create plots and graphics illustrating link assignments. HDR will review the model
outputs with CAMPO staff for reasonableness, and make mutually agreeable adjustments if
necessary.
4.5 Intersection Analysis
HDR will extract p.m. peak-hour turning movement forecasts from the model for the ten
intersections referenced in Task 3.7, and will conduct level-of-service (LOS) analysis using the
Synchro software.
4.6 Documentation
HDR will update the documentation developed in Task 3 to describe/illustrate the process used,
and results obtained, in creating the 2020 model.
5. TraitsCAD utodel denelopttte►tt--2035
The purpose of this task is to develop a 2035 TransCAD (version 5.0) model for the CAMPO area,
building on the 2010 and 2020 models developed in Tasks 3 and 4,respectively.
5.1 Transportation Network
HDR will confer with CAMPO to verify roadway network assumptions to be used for the 2035
scenario. This will include an examination of committed and planned projects. HDR will modify
the TransCAD network to represent the 2035 scenario. Similar to Task 3.1, this task includes
discussion between HDR and CAMPO regarding which 2035 roadway modifications and new
roadways will be incorporated into the model. Related link attributes (listed in Task 3.1) and
centroid connectors will be edited accordingly by HDR.
5.2 Socioeconomic Data
..... ... . ............. . ..... .. ................. ......
CAMPO will provide (in electronic format) 2035 TAZ-Ievel forecasts of the socioeconomic
variables developed in Task 3.2 for the entire CAMPO area. No TAZ structure refinements are
assumed necessary in this task; the structure developed in Task 3 will be retained. HDR will
review these forecasts for reasonability, and will incorporate them into the TransCAD model.
5.3 External Stations
HDR will develop external O-D forecasts for the 2035 scenario. Sources to be examined in
developing the external O-D forecasts include historical traffic growth trends, control-total land-
use forecasts, and/or other applicable information from available studies.
5.4 Model Runs/Outputs
HDR will modify the TransCAD model to create a daily 2035 scenario. HDR will run the model,
and will create plots and graphics illustrating link assignments. HDR will review the model
outputs with CAMPO staff for reasonableness, and make mutually agreeable adjustments if
necessary.
5.5 Intersection Analysis
HDR will extract p.m. peak-hour turning movement forecasts from the model for the ten
intersections referenced in Task 3.7, and will conduct level-of-service (LOS) analysis using the
Synchro software.
5.6 Documentation
HDR will update the documentation developed in Tasks 3 and 4 to describe/illustrate the process
used, and results obtained,in creating the 2035 model.
HDR will also create a model user manual, documenting file management, general model
structure/processes, and instructions for specific tasks. The document will be up to 15 pages in
length.
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Federal Contract Provisions
Notice of Federal Requirements:
The use of Federal funding requires compliance with state and federal regulations, certifications
and assurances on non-discrimination and Title VI requirements.
DBE Qualified firms are encouraged to participate in thus solicitation.
All agreements or contracts for professional services to be undertaken will include, and are
subject to Federal contract conditions, statements, assurances and certifications. The following
federal clauses shall be fully considered in preparing responses.
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
Energy Conservation-The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Clean Water- (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et sere . The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2)The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in park with Federal assistance provided by FTA.
LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted zvith each bid or offer exceeding$100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that;
. ...... ... ...... ___. ..... ....
(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant,the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by"Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:Language in paragraph (2)herein
has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L.
104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3)The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject
to a civil penalty of not less than$10,000 and not more than$100,000 for each such expenditure
or failure.)
The Contractor, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if
any.
7Z Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
gCz,atnR .jt[.C,� Q 'sSIt7Fit�
Date
Notes:Mandatory Clause/Language
-Clause and specific Inguage therein are mandated by 49 CFR Part 19,Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995,P.L.104-
65[to be codified at 2 U.S.C.§1601,et serf.]
-Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C.
1352(b)(5),as amended by Section 10 of the Lobbying Disclosure Act of 1995,and DOT implementing regulation,
"New Restrictions on Lobbying,"at 49 CFR§20.110(d)
-Language in Lobbying Certification is mandated by 49 CFR Part 19,Appendix A,Section 7,which provides that
contractors file the certification required by 49 CFR Part 20,Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act
of 1995.
-Use of"Disclosure of Lobbying Activities,"Standard Form-LLL set forth in Appendix B of 49 CFR Part 20,as
amended by"Goverment wide Guidance For New Restrictions on Lobbying,"61 Fed.Reg.1413(1/19/96)is
mandated by 49 CFR Part 20,Appendix A.
Byrd Anti-Lobbying Amendment,31 U.S.C.1352,as amended by the Lobbying Disclosure Act of 1995,P.L.104-65[to
be codified at 2 U.S.C.§1601,et seq.]-Contractors who apply or bid for an award of$100,000 or more shall file the
certification required by 49 CFR part 20,"New Restrictions on Lobbying."Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of
Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any
other award covered by 31 U.S.C.1352.Each tier shall also disclose the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that
Federal contract,grant or award covered by 31 U.S.C.1352.Such disclosures are forwarded from tier to tier up to the
recipient.
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Access to Records-The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to
provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or
any of their authorized representatives access to any books, documents,papers and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees,pursuant to 49 C. F. R. 633.17
to provide the FTA Administrator or his authorized representatives including any PMD
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the
programs described at 49 U.S.C.5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser,the FTA
Administrator or his authorized representatives,including any PMO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project, defined at 49
U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less
than the simplified acquisition threshold currently set at$100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, a hospital
or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 C.F.R. 19.48,Contractor agrees to provide the Purchaser,FTA
Administrator, the Comptroller General of the United States or any of their duly authorized
representatives with access to any books,documents, papers and record of the Contractor
which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U,S.C. 5302(a)1)through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
5.The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration
of this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser,the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives,have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11),
FEDERAL CHANGES
49 CFR Part 18
Contractor shall at all times comply with all applicable FTA regulations,policies, procedures
and directives, including without limitation those listed directly or by reference in the Master
Agreement between Purchaser and FTA, as they may be amended or promulgated from time to
time during the term of this contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
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(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended,42 U.S.C. §§7401 et sec . The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the Purchaser will,in
turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that,notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government,the Federal
Government is not a party to this contract and shall not be subject to any obligations or
liabilities to the Purchaser, Contractor, or any other party(whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
(2)The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 3118 U.S.C. 1001
49 U.S.C.5307
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. §§3801 et seq. and U.S.DOT regulations, "Program Fraud Civil
Remedies,"49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make,or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the
Federal Government deems appropriate.
(2)The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. §5307, the Government reserves
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the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. §5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with.Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C.C 623,42 U.S.C.§2000
42 U.S.C. §6102,42 U.S.C. § 12112
42 U.S.C. § 12132,49 U.S.C. §5332
29 CFR Part 1630,41 CFR Parts 60 et seq.
(1)Nondiscrimination-In accordance with Title VI of the Civil Rights Act, as amended,42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. g 6102,
section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 1.2132, and Federal transit
law at 49 U.S.C. §5332, the Contractor agrees that it will not discriminate against any employee
or applicant for employment because of race, color, creed,national origin, sex, age, or
disability. In addition, the Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity-The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex-In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. §2000e, and Federal transit laws at 49 U.S.C. C 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor,"41 C.F.R. Parts 60 et sec
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"42 U.S.C. §2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project.The Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include,but not be limited to, the following: employment,upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination;rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition,the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) AZee- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. §§623 and Federal transit law at 49 U.S.C. §5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(c)Disabilities-In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,pertaining
to employment of persons with disabilities.In addition,the Contractor agrees to comply with
any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
TERMINATION
49 U.S.C.Part 18
FTA Circular 4220.1E
a. Termination for Convenience (General Provision)The (Recipient) may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor
has any property in its possession belonging to the (Recipient), the Contractor will account for
the same, and dispose of it in the manner the (Recipient) directs.
b.Termination for Default[Breach or Cause] (General Provision)I£the Contractor does not
deliver supplies in accordance with the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the (Recipient) may
terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default.
The contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the (Recipient)that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor,the (Recipient), after setting up a new delivery of performance
schedule, may allow the Contractor to continue work, or treat the termination as a termination
for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period
of timel in which to cure the defect.In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
. .... ....
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the
terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from (Recipient) setting forth the nature of said breach or default,
(Recipient) shall have the right to terminate the Contract without any further obligation to
Contractor. Any such termination for default shall not in any way operate to preclude
(Recipient) from also pursuing all available remedies against Contractor and its sureties for
said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies
for any breach by Contractor of any covenant, term or condition of this Contract, such waiver
by (Recipient) shall not limit(Recipient)'s remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient),by
written notice, may terminate this contract, in whole or in part, when it is in the Government's
interest. If this contract is terminated, the Recipient shall be liable only for payment under the
payment provisions of this contract for services rendered before the effective date of
termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, the (Recipient) may
terminate this contract for default. The (Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default.The Contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
g. Termination for Default(Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in
this contract or any extension or if the Contractor fails to comply with any other provisions of
this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of
default. The Contractor will only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall,upon direction of the (Recipient), protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on
payment for the preservation and protection of goods.Failure to agree on an amount will be
resolved under the Dispute clause.
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If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the (Recipient).
h. Termination for Default(Construction)If the Contractor refuses or fails to prosecute the
work or any separable part, with the diligence that will insure its completion within the time
specified in this contract or any extension or fails to complete the work within this time, or if
the Contractor fails to comply with any other provisions of this contract, the (Recipient)may
terminate this contract for default. The (Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default.In this event,the
Recipient may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within
specified time, whether or not the Contractor's right to proceed with the work is terminated.
This liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of God,
acts of the Recipient, acts of another Contractor in the performance of a contract with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes;and
2. the contractor,within [10] days from the beginning of any delay,notifies the (Recipient) in
writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the
time for completing the work shall be extended. The judgment of the (Recipient) shall be final
and conclusive on the parties,but subject to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor
was not in default, or that the delay was excusable, the rights and obligations of the parties will
be the same as if the termination had been issued for the convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may
terminate this contract in whole or in part, for the Recipient's convenience or because of the
failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective
date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately
discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the
Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other
information and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contact or otherwise and the Contractor shall be liable for any
additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default(Cost-Type Contracts) The (Recipient) may terminate
this contract, or any portion of it,by serving a notice or termination on the Contractor. The
notice shall state whether the termination is for convenience of the (Recipient) or for the default
of the Contractor. If the termination is for default, the notice shall state the manner in which the
contractor has failed to perform the requirements of the contract. The Contractor shall account
for any property in its possession paid for from funds received from the (Recipient), or
property supplied to the Contractor by the (Recipient). If the termination is for default, the
(Recipient)may fix the fee, if the contract provides for a fee,to be paid the contractor in
proportion to the value, if any, of work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall
negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its
contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to
the work performed up to the time of termination.
If, after serving a notice of termination for default,the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events which
are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up
a new work schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
49 CFR Part 29
Executive Order 12549
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is
required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940
and 29.945.
The contractor is required to comply with 49 CFR 29,Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
. ....... ... ..... . ......... . . ....
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by{insert agency
name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to(insert agency name}, the Federal
Government may pursue available remedies,including but not limited to suspension and/or
debarment.The bidder or proposer agrees to comply with the requirements of 49 CFR 29,
Subpart C while this offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1E
Disputes-Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee].This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the [title of employee]. In connection with any such appeal, the Contractor
shall be afforded an opportunity to be heard and to offer evidence in support of its position.
The decision of the [title of employee] shall be binding upon the Contractor and the Contractor
shall abide be the decision.
Performance During Dispute-Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages-Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage.
Remedies-Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the (Recipient) and the Contractor arising out of or relating
to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in
a court of competent jurisdiction within the State in which the (Recipient) is located.
Rights and Remedies -The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise unposed or available by law. No action or
failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right
or duty afforded any of them under the Contract,nor shall any such action or failure to act
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constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
DISADVANTAGED BUSINESS ENTERPRISE (DBE
49 CFR Part 26
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. The agency's overall goal for DBE participation is_2 %.A separate contract goal
has not been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color,national origin, or sex in the
performance of this contract.The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor
to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the Capital Area Metropolitan Planning
Organization (CAMPO) deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. The successful bidder offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the City of Jefferson. In addition, the contractor is required to
return any retainage payments to those subcontractors within 30 days after incremental
acceptance of the subcontractor's work by the City of Jefferson and contractor's receipt of the
partial retainage payment related to the subcontractor's work.
e. The contractor must promptly notify City of Jefferson, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must
make good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The contractor may not terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent of the City of
Jefferson.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1E
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions.All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
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deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the FTA
terms and conditions.
PROTEST PROCEDURE
For all bids not exempted from the competitive bidding procedures, the City of Jefferson will
provide a tabulation of bids and recommendation for award by telephone, fax, or mail to all
responding bidders. Bidders wishing to challenge the award decision shall have a specified
time, as listed on the recommendation for award, to file a bid protest with the purchasing agent.
The protest period will be two (2) working days for telephone bids, ten (10)working days for
informal written bids, and fifteen (15) working days for formal sealed bids.
The protest must be filed in writing to the purchasing agent and must specify the grounds upon
which the protest is based. A valid protest must 1) come from an actual bidder or offeror for the
request, and 2) who claim to be the rightful award. That is, protest is not valid if filed by a
bidder who cannot show they would be awarded the contract if their protest were accepted.
The purchasing agent will review the protest and issue a written decision. If the bidder
disagrees with the decision of the purchasing agent, the decision may be appealed to the finance
director. The request for appeal must be filed within a specified time, as listed on the protest
decision, with the purchasing agent. The request must describe the specific reason for the
appeal and is limited to those matters that were raised in the original protest letter.
The finance director will review the protest and issue a written decision. If the bidder is not
satisfied, it may ask that its protest be considered by the city administrator if the award is less
than $25,000.00 or the city council if the award is in excess of$25,000.00. Any decision
regarding the matter made by the city administrator or city council is final.
All protests will be reported to the Federal Transportation Administration.
PROMPT PAYMENT CLAUSE
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than thirty days from receipt of each payment the prime
contract receives from City of Jefferson, Missouri. The prime contractor agrees further to return
retainage payments to each subcontractor within thirty days after the subcontractors work is
satisfactorily completed. Any delay or postponement of payment from the above referenced
time frame may occur only for good cause following written approval of the City of Jefferson,
Missouri. This clause applies to both DBE and non-DBE subcontract.
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