Request for Proposal June 2014 Online Transit Database North Front Range Metropolitan Planning Organization

Transcription

1 Request for Proposal June 2014 Online Transit Database North Front Range Metropolitan Planning Organization Introduction The North Front Range Metropolitan Planning Organization (NFRMPO) requests written proposals from individuals or firms to develop specialized transportation provider information datasets within the NFRMPO area that are compatible with an existing database hosted by the Denver Regional Mobility and Access Council (DRMAC). The project is anticipated to start August 15, 2014 and completion expected by December 15, The project has a budget of $20,000 using Federal Transit Administration (FTA) 5310 funding provided by the Colorado Department of Transportation (CDOT). Purpose Information and Referral Database Application Development for the North Front Range Metropolitan Planning Organization Mobility Management Program The NFRMPO is seeking proposals from individuals or firms interested in creating a relational database of specialized transportation providers that works within the DRMAC Transit Options database platform. For the purpose of this solicitation, the NFRMPO area is defined as the planning area which includes the cities of Fort Collins, Loveland and Greeley as well as the surrounding communities shown in the North Front Range Metropolitan Planning Organizations boundaries map on page 5 of this RFP. The relational database will contain the core information and physical structure required to be compatible and work directly with the DRMAC database. The NFRMPO Mobility Management program was initiated to improve human services transportation. The key goal of improving human services transportation will be achieved by increasing cross-agency collaboration, facilitating coordination, enhancing services, and reducing program duplication and redundancies. In the future it is probable that the NFRMPO information and referral database linked with DRMAC will become a one-call/one phone number hub of trip provider data. The individual or firm the NFRMPO selects will be the database developer responsible for ensuring full compatibility with the DRMAC database. Background The NFRMPO Mobility Management program was formed through extensive public, human service and transit agency outreach in 2006 to comply with federal guidelines for human service transportation coordination. A Coordinated Public Transit/Human Services Transportation Plan was developed through the public process and the updated 2013 Plan is available at - mobility coordination. Concurrently, in late 2005, an interagency task force completed the report Getting There Collaborative, Analysis of Colorado s Human Service and Public Transportation Networks. The report identified the specialized transportation issues of the elderly and persons with special needs in Colorado, with an NFRMPO Online Transit Database Page 1

2 emphasis on the Denver region. A result of the task force, DRMAC was formed to further address the mobility issues and improve accessibility. In August 2008, DRMAC outlined several priority projects including establishing the Call Center Coordination and forming the Technology Taskforce. The Taskforce s initial focus was creation of a transportation database for use in a call center scenario. The Getting There Guide was the starting point for the Transportation Database which has since become an online, user friendly transit database for Denver area residents. The Transit Options Database is available at and provides a full menu of options for individuals looking for information and/or referral for Denver area transportation services. Submission Deadline - All submissions responding to this RFP must be submitted electronically to: Monday July 14, No later than 5:00pm MST The delivery address for submissions is: NFRMPO Mary Warring 419 Canyon Avenue, Suite 300 Fort Collins, CO mwarring@nfrmpo.org Recipients - This document has been dispatched to all interested suppliers/consultants about how the supplier/consultant will meet the requirements of the project along with the cost to perform it. Selection Criteria The qualifying proposal/scope of Work (SOW) will be evaluated by the MPO using the criteria below: 40% Experience and qualifications of the individual or firm. Illustrate experience in and understanding of relational database platform design and administration (SQL, Oracle, Access, Open Office, etc.); successful completion of similar projects; and length of experience. The database must be accessible for non-technical users, including data entry and basic data retrieval. Functionality must include data management, reporting, and querying. 40% Approach to the problem. This includes the applicant s understanding of the existing database, as described in the proposal and any research they complete on the DRMAC database; and the applicant understands the operational and functional relationships between relevant agencies and programs to be included in the database. 20% Cost and Schedule of Project. Preference will be given to those who propose to complete the project in a timely and cost-effective manner. The NFRMPO reserves the right to request additional information, conduct interviews of the top applicants, or make a selection based on materials submitted. The following timeframes will be adhered to during this process: NFRMPO Online Transit Database Page 2

3 ACTION DATE Begin RFP process and release documentation (RFP with SOW) 06/16/14 Proposals must be submitted by 5:00 pm 07/14/14 Review of consultant proposals completed 07/18/14 Consultant Interviews 07/24/14 Consultant notification 07/28/14 Begin contract negotiations 08/04/14 Contract award and notification to unsuccessful applicants 08/11/14 Qualifications Please provide an overview of your organizations qualifications so the NFRMPO will have a better understanding of your company s qualifications for this project. Please include: Vision, objectives Size, location Number of years in operation Number of customers General Products offered Market segments operating within Level of knowledge of industry Level of knowledge/direct experience with similar projects of employees assigned to proposal Similar jobs completed by the staff proposed Scope of Work (SOW)The NFRMPO will contract for services with an individual or firm to develop the NFRMPO database which interfaces with the DRMAC database. The individual or firm selected will be responsible for completing the following tasks under the direction of the NFRMPO Project Manager and under the guidance of the NFRMPO Planning Council: Understanding of the DRMAC Database Understand the database software platform that DRMAC uses for the TransitOptions database. Database allows for entry and retrieval of key information and updates details about available specialized transportation resources in the Denver Metro area. Identify NFRMPO system requirements to manage NFRMPO portion of database. Meet with NFRMPO staff for details and to explain data requirements. Deliverable: A summary/direction to NFRMPO staff that details specifications of the DRMAC database and what must be added to the DRMAC database to incorporate the NFRMPO area transit options. NFRMPO staff will collect all data for consultant/developer to incorporate into DRMAC database. NFRMPO Online Transit Database Page 3

4 Database Functionality Proposal must describe and/or illustrate the methodology that NFRMPO staff will use to collect information and format that the data must be in for the DRMAC database. Contractor will enter data on available specialized transportation providers after working with NFRMPO staff to ensure all necessary data has been collected. Develop fully functional database that functions independently as well as in full compatibility with DRMAC s database. Deliverable: Once data has been entered, ensure functionality as a stand-alone database and as a replicable template for compatibility with DRMAC s database. Test and Demonstrate the System Verify through testing of the database. Include a template of a test plan for accuracy, features, search functionality, queries and reporting and assure full compatibility with the DRMAC database. Present the final product to both NFRMPO mobility councils at one of their monthly council meetings. Deliverable: A week of sampling and testing database functionality to ensure that the system performs as outlined in this RFP. Provide Documentation and Training Work with designated NFRMPO staff on the use of the system and coordinate with DRMAC staff on functionality. Include system overview, including Adds and Changes to Data Elements/Fields and provide at least two on-site (DRMAC and/or NFRMPO facilities) training sessions. Train designated NFRMPO staff on system administration and routine maintenance data entry/ searches/report running/import/exports Prepare a data dictionary. Provide one printed user s manual and an electronic copy in Microsoft Word. Deliverables: 1. Data dictionary 2. System use (including report generation) and maintenance training to NFRMPO staff 3. Technical documentation on the database 4. A user s manual Provide Technical Assistance Identify the database warranty/de-bug period. Specify base costs and optional costs beyond the debug and warranty period. Specify warranty costs if any. Include the cost for up to one year of ongoing technical assistance. Deliverable: Warranty database for 1 year following completion of project. NFRMPO Online Transit Database Page 4

5 Proposal PROJECT TASK DELIVERABLE COST Database Knowledge Data Collection System Test Documentation & Training Technical Assistance Assumptions and Constraints - In submitting a proposal, the bidder understands that the following expenses will not be considered part of the project budget and will not be reimbursed: Travel expenses - Other than time allocated for travel. Upgrade/modification costs The project budget does not allow for costs beyond what is identified in the winning bid. The NFRMPO will have an enterprise license for the final product and the winning bidder will have no rights to request additional funding following the conclusion of this project. NFRMPO Boundary Map NFRMPO Online Transit Database Page 5

6 Terms and Conditions Applicant agrees to the federally required terms and conditions of the project detailed on the following pages of this RFP. Federally Required Contract Clauses Certification Documents (located at the end of Federal Requirements): 1. NO GOVERNMENT OBLIGATION TOP THIRD PARTIES 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 (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C et seq. and U.S. DOT regulations, Program Fraud Civil Remedies, 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C 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 ACCESS TO RECORDS AND REPORTS Access to Records The following access to records requirements apply to this Contract: A. 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 (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,

7 examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or B. 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. C. 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). D. FTA does not require the inclusion of these requirements in subcontracts FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor s failure to so comply shall constitute a material breach of this contract TERMINATION A. Termination for Convenience - the NFRMPO 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 the NFRMPO to be paid the Contractor. If the Contractor has any property in its possession belonging to the NFRMPO, the Contractor will account for the same, and dispose of it in the manner the NFRMPO directs. B. Termination for Default - If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the NFRMPO 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 NFRMPO 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 NFRMPO, 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 - The NFRMPO in its sole discretion may, in the case of a termination for breach or default, allow the Contractor thirty days 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.

8 If Contractor fails to remedy to the NFRMPO 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 the NFRMPO setting forth the nature of said breach or default, the NFRMPO 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 the NFRMPO 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 the NFRMPO elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the NFRMPO shall not limit the NFRMPO s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract CIVIL RIGHTS REQUIREMENTS Civil Rights The following requirements apply to the underlying contract: (1) Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C , and Federal transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 C.F.R. Parts 60 et seq., (which implement Executive Order No , Equal Employment Opportunity, as amended by Executive Order No , Amending Executive Order Relating to Equal Employment Opportunity, 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C , 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

9 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 DISADVANTAGED BUSINESS ENTERPRISE (DBE) (1) 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 0.03%. A separate contract goal has not been established for this procurement. (2) 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 NFRMPO deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through raceneutral means throughout the period of performance. (3) 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 NFRMPO. (4) The contractor must promptly notify the NFRMPO 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 NFRMPO GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 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 , or affiliates, as defined at 49 CFR , are excluded or disqualified as defined at 49 CFR and 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 NFRMPO. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the NFRMPO, 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.

10 9. - BREACHES AND DISPUTE RESOLUTION 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 NFRMPO s Executive Director. 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 Executive Director shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute Unless otherwise directed by the NFRMPO, 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 therefore 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 NFRMPO 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 NFRMPO is located. Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the NFRMPO, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L [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 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 Such disclosures are forwarded from tier to tier up to the recipient CLEAN AIR ** COMPLETE AND SUBMIT APPENDIX A: 49 CFR PART 20 CERTIFICATION REGARDING LOBBYING (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 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

11 (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 CLEAN WATER REQUIREMENTS (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 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages The MPO shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section ENERGY CONSERVATION REQUIREMENTS 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

12 compliance with the Energy Policy and Conservation Act RECYCLED PRODUCTS Recovered Materials The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections et seq. and DOT regulations, Transportation Services for Individuals with Disabilities (ADA), 49 CFR Part 37; and Joint ATBCB/DOT regulations, Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles, 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB s Americans with Disabilities Act Accessibility Guidelines (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 5323(l) and FHWA s implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: (1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists: (1) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications GOVERNING LAW The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement SEVERABILITY In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS This paragraph shall apply to all Professionals whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section , C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: Professional does not knowingly employ or contract with an illegal alien; and

13 Professional has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the Basic Pilot Program ) in order to confirm the employment eligibility of all newly hired employees. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Professional is prohibited from using Basic Pilot Program procedures to undertake preemployment screening of job applicants while this Agreement is being performed. e. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: Notify such subcontractor and the MPO within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection (5), C.R.S. g. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection , C.R.S. the NFRMPO may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the NFRMPO arising out of Professional s violation of Subsection , C.R.S. h. The NFRMPO will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the NFRMPO terminates the Agreement for such breach.

14 APPENDIX A: 49 CFR PART 20 - CERTIFICATION REGARDING LOBBYING 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 (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 , 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 sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients 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 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor,, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official: Name of Contractor's Authorized Official: Title of Contractor's Authorized Official Date:

15 ADDENDUM The following RFP terms from Page 5 under Constraints and Assumptions was changed on July 1, 2014: Licensing rights The NFRMPO will own all rights to the code and database and the winning bidder will hold no licensing rights associated with the project. As of July 1, 2014 the replacement for the terms above will be as follows: The NFRMPO will have an enterprise license for the final product and the winning bidder will have no rights to request additional funding following the conclusion of this project.