HomeMy WebLinkAboutRFP - 9771 CNG SITE MAINTENANCE & REPAIR SERVICESRFP 9771 CNG Site Maintenance & Repair Provider Page 1 of 50
REQUEST FOR PROPOSAL
9771 CNG SITE MAINTENANCE & REPAIR SERVICES
RFP DUE: 3:00 PM MT (Mountain Time), May 26, 2023
The City of Fort Collins is requesting proposals from qualified Service Providers to provide site
maintenance and repairs at three CNG fueling sites owned by the City.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 10:00AM MT on May 11, 2023. The pre-proposal
meeting will be hosted on-line via Zoom. Select or copy/paste the below link into your browser
for access to the meeting. Please be prepared to announce your name and mute your
microphone:
Topic: Pre-Proposal Meeting - 9771 CNG Site Maintenance and Repair Services
Time: May 11, 2023 10:00 AM Mountain Time (US and Canada)
Join Zoom Meeting
https://us02web.zoom.us/j/81251718578?pwd=TWxuSmQrZHBnM3lDV2xUQVd4TEcwZz09
Meeting ID: 812 5171 8578
Passcode: 273607
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Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9771 CNG Site Maintenance & Repair Provider Page 2 of 50
+1 309 205 3325 US
Meeting ID: 812 5171 8578
Passcode: 273607
Find your local number: https://us02web.zoom.us/u/kceykGqpI0
All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at
jrector@fcgov.com, no later than 3:00 PM MT on May 17, 2023. Please format your e-mail to
include: RFP 9771 CNG Site Maintenance & Repair Services in the subject line. Questions
received after this deadline may not be answered. Responses to all questions submitted before
the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing
System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
05520 Conversion Kits and Systems for CNG, LPG, etc. Gases
72019 Compressors, Compressed Natural Gas (CNG)
72033 Gasoline, Compressed Natural Gas (CNG), Liquefied Petroleum Gas (LPG), and
Diesel Fuel Pumps, Service Station Type
92543 Gas Systems (Propane, Natural, etc.) Engineering
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminat ed
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
RFP 9771 CNG Site Maintenance & Repair Provider Page 3 of 50
The City requires its Service Providers to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
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The selected Service Provider shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Service Provider to provide
CNG site maintenance services at three CNG fuel sites owned by the City.
B. Background
The fuel sites and annual projected compressor hours are:
1. 835 Wood Street – ANGI - 700 hours / year
2. 6570 Portner Road (Transfort) – ANGI - 2,000 hours/ year
Gemini – 1,500 hours / year
3. 625 Ninth Street (Streets) - ANGI - 400 hours/ year
II. SCOPE OF PROPOSAL
A. Scope of Work
Scheduled Maintenance
Scheduled maintenance must be performed according to manufacturer's
recommendations, but no less than once per quarter. All scheduled maintenance must
be coordinated first with the customer and is to be performed during off-peak fueling
hours. Service intervals and record-keeping requirements will normally be negotiated by
and agreed to by both parties.
Scheduled maintenance will include, at a minimum:
a. Check fluid levels. Refill as needed.
b. Drain and renew fluids at specified intervals.
c. Replace filter elements at specified intervals.
d. Maintain a log of operational parameters.
e. Check all equipment for proper operation.
f. Check all controls for proper operation.
g. Check dispenser operation including valves, hoses, switches, and nozzles.
h. Check the dew point on the dryer and regenerate if needed.
i. Check and make minor repairs of defective valves, fix fluid leaks, etc.
j. Update site maintenance records.
k. Provide City with weekly maintenance logs.
l. Annual pressure washing of major components.
Parts Inventory
Materials and fluids needed for Scheduled Maintenance services will be provided by the
City. In order to minimize downtime, the Service Provider must provide a recommended
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list of service parts to be kept in inventory at the Transfort Shop. The Service Provider
will supply a list of recommended repair parts and a list of suppliers for those parts. The
City will determine which common items to keep in stock and will be responsible for
maintaining such stock. The Service Provider shall advise the City when stocked parts
are used so those parts can be replaced. All other parts will be ordered as needed.
Service Provider Response Time Requirements
a. For a trouble call requiring telephone consultation: Service Provider must respond
within 30 minutes of the initial phone call from City personnel.
b. For non-emergency unscheduled maintenance or repairs: Service Provider must be
onsite within one business day. If weekend service is requested, the appropriate
overtime rates can apply.
c. For emergency calls: Service Provider must be onsite within two hours after the
initial call from City personnel.
Additional Requirements
a. Provide services during normal business hours as established in work orders. Normal
Work Hours to be defined by Service Provider as part of proposal.
b. Provide an after-work hours phone number to be used by the City when requesting
emergency or urgently needed services. Provide telephone and email address for
use during normal business hours for service requests and project coordination.
c. Properly label and provide updated schematics of new and modified equipment.
d. Comply with City recycling and solid waste reduction policies.
e. Clean-up the job site at the end of each day and at work completion.
f. Obtain any needed permits for repair or installation work and provide a copy of the
permit to the City representative before work is started.
g. Mobilization, equipment or trip charges: the City will not pay such charges when the
Contractor is providing regular or emergency service work. Contractor may charge
the City a reasonable fee for the use of equipment not normally carried or used in
the course of providing such services, such as special recycling equipment or the
rental of equipment like a forklift. Any such extra charges must be approved in
advance by the City representative.
Equipment List (age) – Site Pictures included in Attachment A for reference
Transfort Site - 6570 Portner Road
a. G.E. Gemini 250 SCFM compressor Model GE-M302-250 SCFM – (2010)
b. ANGI NG-300-E-S-4-Q compressor; (~2019)
c. Gas Dryer Xebec Dryer Model STR24NGX-2; (2005)
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d. Six-tank storage system; ASME Storage Model CPI 5500 (2005)
e. One dual hose ANGI Energy gas dispenser (2013)
f. ANGI Series II dual hose gas dispenser ( ~2015)
g. Electrical panels containing circuit breakers and motor starters (2019)
h. Priority and sequencing valve assembly and monitoring system (2019)
Wood Street Site - 835 Wood Street
a. (2) ANGI Energy NG50 50 SCFM compressor (2010/2013)
b. Three-tank storage system; ASME Storage Spheres (1995)
c. One ANGI Energy dispenser with two hoses (2010)
d. Priority and sequencing valve assembly and monitoring system (2010)
e. Electrical panels containing circuit breakers and motor starters. (2016)
Streets Site - 625 Ninth Street
a. ANGI NG300 compressor (2017)
b. Three-tank storage system; ASME Storage Tubes Model CPI (2012)
c. One ANGI Energy dispenser with two hoses (2017)
d. Priority and sequencing valve assembly and monitoring system (2017)
e. Gas Dryer Xebec Dryer Model (2017)
f. Electrical panels containing circuit breakers and Motor starters. (2017)
B. Minimum Qualifications
a. Service Provider must have at least two (2) qualified service technicians, at least one
of whom must be a licensed electrician capable of performing repairs to system wiring
and control circuitry.
b. Minimum two (2) years experience with the CNG systems and controls used at the
City fuel sites and capable of designing, installing and calibrating retrofits or
modifications.
c. Ability to prepare and produce schematics of existing systems, retrofits and other
requested modifications.
d. Ability to perform refrigerant oil sampling and oil analysis lab reports.
e. Comply with City recycling and solid waste reduction policies.
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: May 2, 2023
• Pre-Proposal Meeting: 10:00AM MT on May 11, 2023
• Question deadline: 3:00 PM MT on May 17, 2023
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• Proposal due date: 3:00 PM MT on May 26, 2023
• Interviews (if applicable): Week of June 12, 2023
• Award of Contract (tentative): June 2023
D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers/Professionals
may be interviewed by the RFP assessment team and asked to participate in an oral
presentation to provide an overview of the company, approach to the project and to
address questions. The evaluation criteria for the oral interviews will be the same as the
criteria for the written evaluations and is included in Section IV.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the optional interview phase of the assessment process. The City will receive and score
written proposals. However, instead of traditional in-person interviews for the optional
interview session, the City may opt to use alternate methods including, but not limited to
remote interviews through a platform such as Microsoft Teams or Zoom.
E. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Service Provider/Consultant will
be required to provide original receipts to the City for all travel expenses.
F. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
G. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
H. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
I. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
J. Work Orders
The awarded Service Provider(s) will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section VI for reference purposes. In the
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event that the City has agreements with multiple Service Providers/Professionals for the
Work, the City reserves the right to request proposals for individual Work Order
assignments from the awarded Service Providers/Professionals or assign Work Orders
directly to a Service Provider at its sole discretion. Selection for individual Work Orders
may be based on, but not limited to, availability, approach, prior experience, firm capability,
and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement. Work Order Maximum for this agreement is $95,000.00
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Service Provider, project manager and Purchasing Department representative.
Depending on the cost and nature of the Work, additional signature authorization may be
required. Any changes to the dates, cost or scope of any Work Order must be agreed
upon in writing utilizing the City’s Change Order (included in the Agreement) and will not
be considered valid until signed, at a minimum, by the Service Provider, project manager
and Purchasing Department representative.
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Service Provider each month
following the submittal of a correct invoice by the Service Provider indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Service Provider and the City will negotiate an appropriate unit price for the service prior
to the Service Provider initiating such work.
The City pays invoices on Net 30 terms.
L. COVID-19 Compliance
The Service Provider and its subcontractors/consultants shall comply with all state,
county, and local laws, ordinances, and public health orders established to reduce the
spread of COVID-19, as applicable. The Service Provider shall ensure employees and
subcontractors/subconsultants with COVID-19 symptoms do not report to the job
site. Service Provider must organize work to ensure individuals minimize contact and
maximize social distancing. Individuals must wear all standard worksite personal
protective equipment (PPE). In addition, individuals should wear a mask or cloth face
covering consistent with local public health recommendations and other applicable safety
requirements.
III. PROPOSAL SUBMITTAL
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Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Service Providers/Professionals are required to provide detailed written responses to the
following items in the order outlined below. The responses shall be considered technical offers
of what Service Providers/Professionals propose to provide and shall be incorporated in the
contract award as deemed appropriate by the City. A proposal that does not include all the
information required may be deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers/Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
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5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
7. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
8. Is the project team available to attend meetings as required by the Scope of Work?
9. Provide an outline of the schedule for completing tasks.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Service Provider
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
5. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
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Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title
and employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for the Scope of Proposal. Price all additional
services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. Include a per
meeting rate in the event additional meetings are needed. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers/Professionals will be evaluated on the following criteria. This set of
criteria will be the basis for review and assessment of the written proposals and optional
interview session. At the discretion of the City, interviews of the top-rated Service
Providers/Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Can the work be completed in
the necessary time? Can the target start and
completion dates be met? Are other qualified
personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
4.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
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3.0 Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the historical prices paid? Are the
work hours presented reasonable for the effort
required by each project task or phase?
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V. ACKNOWLEDGEMENT
Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP 9771 CNG Site Maintenance & Repair Services and
sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes
the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
RFP 9771 CNG Site Maintenance & Repair Provider Page 16 of 50
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , a(n) (ENTER STATE) Corporation, hereinafter referred
to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for 9771 CNG Site Maintenance and Repair Services. The conditions set forth herein
shall apply to all services performed by the Service Provider on behalf of the City and
particularly described in Work Orders agreed upon in writing by the parties from time to
time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting
of one (1) page, and incorporated herein by this reference, shall include a description
of the services to be performed, the location and time for performance, the amount of
payment, any materials to be supplied by the City and any other special circumstances
relating to the performance of services. No Work Order shall exceed $95,000.00. A
general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s)
, and incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A to certain named third parties, Service Provider shall be solely
responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a sample
of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated
herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
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Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence , 2023, and shall continue in full
force and effect until , 2024, unless sooner terminated as herein provided. In addition,
at the option of the City, the Agreement may be extended for additional one year periods
not to exceed four (4) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties only at the time of renewal. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of
such condition.
6. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Service Provider shall submit a final
invoice within ten (10) days of the effective date of termination. Undisputed invoices shall
be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Jeff Brown
PO Box 580
Fort Collins, CO 80522
jbrown@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
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8. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
The initial City Representative for this agreement is Jeff Brown and can be reached at
jbrown@fcgov.com. The Representative is subject to change by the City.
9. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
10. Payments.
The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Compensation Schedule, attached hereto as Exhibit D,
consisting of ( ) page(s), and incorporated herein by this reference.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative.
The cost of the work completed shall be paid to the Service Provider following the
submittal of a correct itemized invoice by the Service Provider. The City is exempt from
sales and use tax. The City’s Certificate of Exemption license number is 09804502. A
copy of the license is available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
11. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8 -186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
12. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
13. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
subsequent Work Orders without the prior written consent of the City, which shall not be
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unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
14. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
16. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
17. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default thereof.
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18. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this
Agreement affirms that they have the necessary authority to sign on behalf of their
respective party and to bind such party to the terms of this Agreement.
20. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit E, consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder shall deliver
to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort
Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. The Parties further agree that Larimer County District Court is the proper venue
for all disputes. If the City subsequently agrees in writing that the matter may be heard in
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federal court, venue will be in Denver District Court. 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.
22. Utilization by Other Agencies. The City of Fort Collins reserves the right to allow other state
and local governmental agencies, political subdivisions, and/or school districts to utilize the
resulting award under all terms and conditions specified and upon agreement by all parties.
Usage by any other entity shall not have a negative impact on the City of Fort Collins in the
current term or in any future terms. Nothing herein shall be deemed to authorize or empower
the Agency to act as an agent for the City of Fort Collins in connection with the exercise of
any rights hereunder, and neither party shall have any right or authority to assume or create
any obligation or responsibility on behalf of the other. The other Agency shall be solely
responsible for any debts, liabilities, damages, claims or expenses incurred in connection
with any agreement established between them and the Service Provider. The City’s
concurrence hereunder is subject to the Service Provider’s commitment that this
authorization shall not have a negative impact on the work to be completed for the City.
23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to
2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
24. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable
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law.
25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant
to CORA.
26. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated
herein by this reference. The City of Fort Collins has implemented this manual for all projects
performed for the City of Fort Collins or located within the City of Fort Collins city limits.
27. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics,
incendiarism, interference by civil or military authorities, compliance with regulations or
orders of military authorities, and acts of war (declared or undeclared), provided such cause
could not have been reasonably foreseen and guarded against by the defaulting
Party. Force majeure shall not include increases in labor, commodity, utility, material,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Consultant must provide written
notice to the City of such condition within ten (10) days from the onset of such condition.
28. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting of
one (1) page and Exhibit G – Federal Transit Administration Federally Required and Other
Model Contact Clauses, consisting of twenty (20) pages attached hereto and incorporated
herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of ( ) page(s) are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Service Provider
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, City Representative
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: Service Provider's Name
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: Service Provider
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, City Representative
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT C
GENERAL SCOPE OF SERVICES
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EXHIBIT D
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT E
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Service Provider 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during
the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement. Workers' Compensation & Employer’s Liability insurance
shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement
such General Liability as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for General
Liability, shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
such Automobile Liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of insurance
for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT G
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
TABLE OF CONTENTS
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 33
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE 33
3. FEDERAL CHANGES 33
4. CIVIL RIGHTS (EEO, TITLE VI & ADA) 34
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 38
6. ENERGY CONSERVATION REQUIREMENTS 38
7. VETERANS EMPLOYEMENT 38
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (2 CFR §200.216) 39
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200) 39
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 39
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD,
WASTE, ABUSE OR OTHER LEGAL MATTERS 40
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) 41
13. CARGO PREFERENCE REQUIREMENTS 41
14. FLY AMERICA REQUIREMENTS 42
15. DAVIS-BACON ACT (APPENDIX II TO PART 200) 42
16. COPELAND ANTI-KICKBACK ACTS (APPENDIX II TO PART 200) 42
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO PART 200) 42
18. BONDING REQUIREMENTS (2 CRF 200.326) 43
19. EQUAL EMPLOYMENT OPPORTUNITY (APPENDIX II TO PART 200) 44
20. SPECIAL DOL CLAUSE 46
21. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT) 46
22. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS 47
23. DRUG AND ALCOHOL TESTING 47
24. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 48
25. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) 48
26. ADA ACCESS 49
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27. ASSIGNABILITY 49
28. CITY OF FORT COLLINS BID PROTEST PROCEDURES 49
29. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 49
30. INCREASING SEAT BELT USE IN THE UNITED STATES 50
31. REDUCING TEXT MESSAGING WHILE DRIVING 50
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1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the sub-contractor who will be subject to it
provisions.
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
1. For a period of three years following Contract closing, the Contractor and its
subcontractors shall maintain, preserve and make available to the City, the FTA
Administrator, the Comptroller General of the United States, and any of their authorized
representatives, access at all reasonable times to any books, documents, papers and
records of Contractor which are directly pertinent to this Contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also agrees,
otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements
as set forth in the applicable U.S. DOT Common Rule.
2. The Contractor shall maintain and the City shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all prices, costs or rates
negotiated and invoiced in performance of this Contract. This right of examination shall
include inspection at all reasonable times of the Contractor’s offices engaged in
performing the Contract.
3. If this Contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting f inal
termination settlement. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims arising under or
relating to this Contract until such appeals, litigation, or claims are finally resolved.
4. Access to Records and Reports” applies with equal force and effect to any
subcontractors hired by the Contractor to perform Work under this Contract. The
Contractor shall insert this provision in all subcontracts under this Contract and require
subcontractor compliance therewith.
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
Third Party Participants to permit, FTA to have access to the sites of performance of its
Award, the accompanying Underlying Agreement, and any Amendments thereto, and to
make site visits as needed in compliance with the U.S. DOT Common Rules.
6. Closeout. Closeout of the Award does not alter the record retention or access
requirements of this section of this Master Agreement.
3. FEDERAL CHANGES
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Applies to all FTA-Assisted Third-Party Contracts and 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.
4. CIVIL RIGHTS (EEO, TITLE VI & ADA)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
The following requirements apply to the underlying contract:
a) The Recipient agrees that it must comply with applicable federal civil rights laws,
regulations, requirements, and guidance, and follow applicable federal guidance,
except as the Federal Government determines otherwise in writing. Therefore, unless
a Recipient or a federal program, including the Tribal Transit Program or the Indian
Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires
compliance with that civil rights statute, including compliance with equity in service.
b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees
to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination
based on the basis of race, color, religion, national origin, sex, disability, or age. (2)
Prohibit the: (a) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in
employment or a business opportunity identified in 49 U.S.C. § 5332, or (c)
Discrimination, including discrimination in employment or a business opportunity
identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular
4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance, and other applicable federal guidance that may be
issued, but (b) FTA does not require an Indian Tribe to comply with FTA program-
specific guidelines for Title VI when administering its Underlying Agreement supported
with federal assistance under the Tribal Transit Program.
c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant, will: (1) Prohibit discrimination based on
race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part
21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The
most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other
applicable federal guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a)
Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment
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Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c)
Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations,
as provided in Federal guidance, including laws and regulations prohibiting
discrimination on the basis of disability, except as the Federal Government determines
otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants
for employment are employed and employees are treated during employment without
discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6
Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms
of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8
Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title
VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the
definition of "Employer". (3) Equal Employment Opportunity Requirements for
Construction Activities. In addition to the foregoing, when undertaking “construction”
as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to
comply, and assures the compliance of each Third Party Participant, with: (a) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, September 2019
Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal
laws and regulations, the Recipient agrees to facilitate, and assures that each Third-
Party Participant will facilitate, participation by small business concerns owned and
controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as
follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply
with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives planning,
capital and/or operating assistance and that will award prime third-party contracts
exceeding $250,000 in a federal fiscal year must have a DBE program meeting the
requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual
DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer
(TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, and (b)
Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle
purchase, the Recipient must submit to FTA the name of the TVM contractor and the
total dollar value of the third-party contract and notify FTA that this information has
been attached to FTA’s electronic award and management system, the Recipient must
also submit subsequent notifications if options are exercised in subsequent years to
ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. §
26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
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DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary
and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the
award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as
required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreement, and 4 Implementation of its
DBE program approved by U.S. DOT is a legal obligation and failure to carry out its
terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third
Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and
assures that it will include the following assurance in each subagreement and third
party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third
Party Subcontractors to include the following assurance in every subagreement and
third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each
Third Party Subcontractor must not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any FTA or U.S. DOT-assisted
subagreement, third party contract, and third party subcontract, as applicable, and the
administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, third party contracts, and third party subcontracts, as applicable, 3
Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a
material breach of this subagreement, third party contract, or third party subcontract,
as applicable, and 4 The following remedies, or such other remedy as the Recipient
deems appropriate, include, but are not limited to, withholding monthly progress
payments; assessing sanctions; liquidated damages; and/or disqualifying the
Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding
as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as provided
for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud
Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6101 et seq., which prohibits discrimination against individuals on the basis of age in
the administration of Programs, Projects, and related activities receiving federal
assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on
the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
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C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following federal prohibitions against discrimination on the basis of disability: (1)
Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of federally assisted Programs, Projects, or activities, (b) The
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the
ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the
ADA does not apply because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.,
which requires that buildings and public accommodations be accessible to individuals
with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now
includes disability as a prohibited basis for discrimination, and (e) Other applicable
federal laws, regulations and requirements pertaining to access for seniors or
individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT
regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance,”
49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49
C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with
Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations,
“Nondiscrimination on the Basis of Disability in State and Local Government Services,”
28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal
Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part
64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology
Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation
for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable
federal civil rights and nondiscrimination guidance.
(i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The
Recipient agrees to comply with the confidentiality and civil rights protections
of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C.
§ 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §
4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§
290dd – 290dd-2.
(j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees
to promote accessibility of public transportation services to persons with limited
understanding of English by following: (1) Executive Order No. 13166, “Improving
Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
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Reg. 74087, December 14, 2005.
(k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The
Recipient agrees to comply with other applicable federal nondiscrimination laws,
regulations, and requirements, and follow federal guidance prohibiting discrimination.
(l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws,
regulations, requirements, and guidance may be enforced as provided in those federal
laws, regulations, or requirements.
(m) Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and
public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination.
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
City requests which would cause the City to be in violation of the FTA terms and conditions.
6. ENERGY CONSERVATION REQUIREMENTS
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et.
seq., and perform an energy assessment for any building constructed, reconstructed, or
modified with federal assistance required under FTA regulations, “Requirements for Energy
Assessments,” 49 CFR Part 622, subpart C.
7. VETERANS EMPLOYEMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the contractor agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the
skills and abilities required to perform construction work required under a third-party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
2. Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
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8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Contractor is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using
such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200)
Applies to all contracts except micro-purchases.
a. Termination for Convenience. The City may terminate this Contract, in whole or
in part, for any reason, upon five (5) days written notice to the Contractor. In such
event, the City shall pay the Contractor its costs, including reasonable 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 City to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
City, the Contractor will account for the same, and dispose of it in a manner the
City directs.
b. Termination for Breach. Either Party’s failure to perform any of its material
obligations under this Contract, in whole or in part or in a timely or satisfactory
manner, will be a breach. The institution of proceedings under any bankruptcy,
insolvency, reorganization or similar law, by or against Contractor, or the
appointment of a receiver or similar officer for Contractor or any of its property,
which is not vacated or fully stayed within thirty (30) days after the institution of
such proceeding, will also constitute a breach. In the event of a breach, th e non-
breaching Party may provide written notice of the breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within thirty (30) days
after delivery of notice, the non-breaching Party may exercise any of its remedies
provided under this Contract or at law, including immediate termination of the
Contract.
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
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Suspension and Debarment Executive.
The contractor attests that it is not listed on the government-wide exclusions in the System
for Award Management (SAM).
The Contractor agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov, if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov, if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED
TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS
Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is
required to “flow down” this requirement to subcontractors.
a. If a current or prospective legal matter that may affect the Federal Government emerges,
the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel
for the Region in which the Recipient is located. The Recipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party
Participant to include an equivalent provision in its subagreements at every tier, for any
agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying
Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify
the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
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Counsel for the Region in which the Recipient is located, if the Recipient has
knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or
has or may have committed a criminal or civil violation of law pertaining to such
matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement,
bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal,
officer, employee, agent, or Third Party Participant of the Recipient. It also applies
to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is
not limited to, knowledge of a criminal or civil investigation by a Federal, state, or
local law enforcement or other investigative agency, a criminal indictment or civil
complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Recipient. In this paragraph, “promptly”
means to refer information without delay and without change. This notification
provision applies to all divisions of the Recipient, including divisions tasked with law
enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a
proportionate share of any proceeds recovered from any third party, based on the
percentage of the federal share for the Underlying Agreement. Notwithstanding the
preceding sentence, the Recipient may return all liquidated damages it receives to its
Award Budget for its Underlying Agreement rather than return the federal share of those
liquidated damages to the Federal Government, provided that the Recipient receives
FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under
any third party agreement or any federal, state, or local law or regulation.
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed
the required certification under the Byrd Anti-Lobbying Amendment. Contractor
attests that it has certified 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. Contractor further
attests that it has disclosed, and will continue to disclose, any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award.
If contract exceeds $100,000 the contractor is required to sign the attached
certification.
13. CARGO PREFERENCE REQUIREMENTS
Applies to purchases of property suitable for shipment by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees comply
with the shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration
regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.
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14. FLY AMERICA REQUIREMENTS
Applies to property or persons transported by air between U.S. and foreign destinations, or
between foreign locations.
Fly America Requirements. The contractor agrees to air transportation requirements of
Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as
amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA)
regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143.
15. DAVIS-BACON ACT (APPENDIX II TO PART 200)
Applies to all prime construction contracts in excess of $2,000.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Contractor must fully comply
with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”). In
accordance therewith, Contractor must pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by
the Secretary of Labor. In addition, Contractors must be required to pay wages not
less than once a week.
The applicable Davis-Bacon Wage Determination is attached hereto.
16. COPELAND ANTI-KICKBACK ACTS (APPENDIX II TO PART 200)
Applies to all prime construction contracts in excess of $2,000.
Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Contractor must fully comply with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States”). Pursuant to the Act, Contractor is prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise
entitled. The City shall report all suspected or reported violations of the Copeland
“Anti-Kickback” Act to the Federal awarding agency.
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO PART
200)
Applies to all contracts over $100,000 that involve the employment of mechanics or
laborers.
Contractor must fully comply with the Contract Work Hours and Safety Standard Act
(40 U.S.C. 3701-3708), including 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
Contract is required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week
is permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or
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dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or Contracts for
transportation or transmission of intelligence.
a. 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.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (a) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory), 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 (a) of this section, in the sum
of $26 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 (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA 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 (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) 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 (a) through (d) of this section.
18. BONDING REQUIREMENTS (2 CRF 200.326)
Applies to construction or facility improvement contracts or subcontracts exceeding the
Simplified Acquisition Threshold ($250,000).
Except where the Federal awarding agency or pass-through entity has made a
determination that alternative bonding policy and requirements adequately protect
the Federal interest, Contractor agrees to comply with the following minimum
bonding requirements:
a. Contractor must provide a bid guarantee equivalent to five percent of the bid price. The
"bid guarantee" must consist of a firm commitment such as a bid bond, certified check,
or other negotiable instrument accompanying a bid as assurance that the Contractor
will, upon acceptance of the bid, execute such Contractual documents as may be
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required within the time specified.
b. Contractor must provide a performance bond on the part of the Contractor for 100
percent of the Contract price. A "performance bond" is one executed in connection with
a Contract to secure fulfillment of all the Contractor's obligations under such Contract.
c. Contractor must provide a payment bond on the part of the Contractor for 100 percent
of the Contract price. A "payment bond" is one executed in connection with a Contract
to assure payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the Contract.
19. EQUAL EMPLOYMENT OPPORTUNITY (APPENDIX II TO PART 200)
Applies to all contracts that meet the definition of “federally assisted construction contract”.
Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity
Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b)
(Federal Assisted Construction Contracts), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.” Contractor further agrees to include this provision, including the Equal Opportunity
Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin. 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. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
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(4) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other Contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government Contracts or federally assisted construction
Contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (8) in every subContract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subContract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or Contract
modification subject to Executive Order 11246 of September 24, 1965, with a Contractor
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debarred from, or who has not demonstrated eligibility for, Government Contracts and
federally assisted construction Contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon Contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (Contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government Contracts and subcontracts,
including Government bills of lading, transportation requests, Contracts for deposit
of Government funds, and Contracts for issuing and paying U.S. savings bonds and
notes, and such other Contracts and subcontracts as the Director of OFCCP may
designate.
(e) Incorporation by operation of the order. By operation of the order, the equal
opportunity clause shall be considered to be a part of every Contract and
subContract required by the order and the regulations in this part to include such a
clause whether or not it is physically incorporated in such Contracts and whether or
not the Contract between the agency and the Contractor is written.
(f) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
20. SPECIAL DOL CLAUSE
Applies to contracts for construction exceeding $10,000.
41 CFR Part 60 – See Section 15 – Contract Clause Civil Rights Requirements
21. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT)
Applies to all turnkey, rolling stock and operational contracts (excluding contracts for
transportation services exceeding $100,000.
The contractor agrees to comply and assures that each subcontractor will comply with all
federal laws, regulations, and requirements providing wage and hour protections for
nonconstruction employees, including Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40
U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards
Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and
Safety Standards Act),” 29 CFR Part 5.
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22. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS
Applies to all Contracts for transit operations except micro-purchases.
(1) The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out
the transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to
protect the interests of employees employed under this contract and to meet the
employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines
at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions
are identified in the letter of certification from the U.S. DOL to FTA applicable to the
ITP's project from which Federal assistance is provided to support work on the
underlying contract. The Contractor agrees to carry out that work in compliance with
the conditions stated in that U.S. DOL letters. The requirements of this subsection
(1), however, do not apply to any contract financed with Federal assistance provided
by FTA either for projects for elderly individuals and individuals with disabilities
authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas
authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth
in subsections (b) and (c) of this clause.
b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation
has determined or determines in the future that the employee protective
requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and
the public body subrecipient for which work is performed on the underlying contract,
the Contractor agrees to carry out the Project in compliance with the terms and
conditions determined by the U.S. Secretary of Labor to meet the requirements of
49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's
letter of certification to FTA, the date of which is set forth Grant Agreement or
Cooperative Agreement with the state. The Contractor agrees to perform transit
operations in connection with the underlying contract in compliance with the
conditions stated in that U.S. DOL letter.
c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty
for the Nonurbanized Area Program agreed to by the U.S. Secretaries of
Transportation and Labor, dated May 31, 1979, and the procedures implemented by
U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
23. DRUG AND ALCOHOL TESTING
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Applies to all Operational Services contracts except micro-purchases.
Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized representative
of the United States Department of Transportation or its operating administrations, the State
Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities
and records associated with the implementation of the drug and alcohol testing program as
required under 49 CFR Parts 653 and 654 and review the testing process. The contractor
agrees further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date before
March 15) to (insert title and address of person responsible for receiving information). To
certify compliance the contractor shall use the "Substance Abuse Certifications" in the
"Annual List of Certifications and Assurances for Federal Transit Administration Grants and
Cooperative Agreements," which is published annually in the Federal Register. The
Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request)
a copy of the Policy Statement developed to implement its drug and alcohol testing program;
OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use)
as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review
and approval before (insert date or upon request) a copy of its Policy Statement developed
to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to
be determined by the recipient, but may address areas such as: the selection of the certified
laboratory, substance abuse professional, or Medical Review Officer, or the use of a
consortium).
24. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
Appendix II to Part 200
Applies to “funding agreement” under 37 CFR Part §401.2(a)
Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by
the Contractor or the City with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the parties must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooper ative
Contracts,” and any implementing regulations issued by the awarding agency.
25. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322)
Applies to all contracts except micro-purchases.
Recovered Materials - All parties agree to comply with all applicable requirements of
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
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establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired:
• Competitively within a timeframe providing for compliance with t he contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
26. ADA ACCESS
Applies to contracts for rolling stock or facilities construction/renovation
1. The City must comply with 49 U.S.C. § 5332, which states the Federal policy that elderly
individuals and individuals with disabilities have the same right as other individuals to
use public transportation services and facilities, and that special efforts shall be made
in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities; all applicable
provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
794, which prohibits discrimination on the basis of disability; the Americans with
Disabilities Act of 1990 (ADA), as amended; 42 U.S.C. § 12101 et seq., which requires
that accessible facilities and services be made available to individuals with disabilities;
and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which
requires that buildings and public accommodations be accessible to individuals with
disabilities.
2. All deliverable items deliverable items provided by the contractor for the City under this
contract shall comply with the above-referenced laws as well as all other applicable
federal, state and local regulations and directives and any subsequent amendments
27. ASSIGNABILITY
Applies to all contracts except micro-purchases.
Neither the City nor the Contractor shall assign or transfer any of its rights or obligations
hereunder without the prior written consent of the other.
28. CITY OF FORT COLLINS BID PROTEST PROCEDURES
Applies to all contracts except micro-purchases.
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available
from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P.
O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by
emailing: Purchasing@fcgov.com or calling 970-221-6775.
29. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
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Applies to all contracts except micro-purchases.
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part
of this contract (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
30. INCREASING SEAT BELT USE IN THE UNITED STATES
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its
contractors to adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company-owned, rented, or personally owned vehicles.
31. REDUCING TEXT MESSAGING WHILE DRIVING
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its
employees, subrecipients, and contractors to adopt and enforce policies that ban text
messaging while driving, and the City has established workplace safety policies to decrease
accidents caused by distracted drivers.