HomeMy WebLinkAboutRFP - 9927 Transfort Max Line Gate ReplacementsRFP 9927 Transfort Max Line Gate Replacements Page 1 of 165
REQUEST FOR PROPOSAL
9927 TRANSFORT MAX LINE GATE REPLACEMENTS
RFP DUE: 3:00 PM MT (Mountain Time), June 28, 2024
The City of Fort Collins Transfort (Transfort) is requesting proposals from qualified Service
Providers to provide price, delivery, specifications, design and turn-key installation of vehicle
access control gates for our MAX BRT (Bus Rapid Transit) Guideway. Service Provider should
include price for removal and replacement of all current Guideway gates along the MAX
corridor. Transfort is a municipal department of the City of Fort Collins (City), located in Northern
Colorado within Larimer County.
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 2:00PM MT on Tuesday June 11, 2024. The pre-
proposal meeting will be hosted on-line via Microsoft Teams. 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:
Join the meeting now
Meeting ID: 246 776 268 555
Passcode: CLVWvg
A physical on-site job walk will be held at 1:00PM MT on Thursday June 13, 2024 at the
Drake St. Gates 7 & 8, located just north of Drake between the Maxline Gateway and College
Ave. There is a King Soopers that is currently under construction. The parking lot for
Maxline riders to utilize is located just behind the construction area. That is where the
group will meet for the job walk. Prospective Service Providers are asked to bring safety vests
to the job walk.
All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at
jrector@fcgov.com, with a copy to Gretchen Gramling, Project Manager, at
ggramling@fcgov.com, no later than 3:00 PM MT on June 14, 2024. Please format your e-
mail to include: RFP 9927 Transfort Max Line Gate Replacement 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):
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 9927 Transfort Max Line Gate Replacements Page 2 of 165
28536 Gates, Electric (Including Card Readers, etc.)
55006 Bridge and Railroad Crossing Gates
93637 Gates, Electric (Card Reader, etc.) Maintenance and Repair
93653 Parking Equipment Maintenance and Repair (See 936-37 for Parking Gates)
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 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 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.
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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.
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 Transfort (Transfort) is requesting proposals from qualified Service
Providers to provide price, delivery, specifications, design and turn-key installation of vehicle
access control gates for our MAX BRT (Bus Rapid Transit) Guideway. Service Provider
should include price for removal and replacement of all current Guideway gates along the
MAX corridor. Transfort is a municipal department of the City of Fort Collins (City), located in
Northern Colorado within Larimer County.
B. Background
The MAX BRT Guideway is a 5-mile stretch of roadway running north-south through central
Fort Collins. MAX operates an exclusive guideway for 3.6 miles with the remaining 1.4 miles
intermixed with street traffic. The MAX Guideway corridor runs parallel to the existing
Burlington Northern Santa Fe (BNSF) railroad tracks.
The MAX guideway has gates where the guideway meets the cross streets. These gates are
kept in a lowered position when the buses are not entering or exiting the guideway. This
keeps cars off the guideway and from interfering with bus traffic along the route. Vehicle
access gates are an integral part of safety along the guideway to keep unauthorized traffic
and pedestrians off the guideway. There are sixteen (16) HySecurity StrongArm 28 gates
with battery backup in use today along the Guideway. Dimensions and location of existing
gates can be found in Attachment B attached hereto by reference.
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The Service Provider shall furnish a turn-key solution that includes all labor, materials, and
equipment necessary to make the gate system operational.
II. SCOPE OF PROPOSAL
A. Scope of Work
DESCRIPTION
An “automatic” system that integrates with Traffic control to ensure interoperability with our
traffic signals and railroad crossings is a top priority. The traffic system provides the contact
closure via two wires to the gate system. Back-up operating options (buttons for manual
operation) as well as remote operation are desired. Transfort is open to various gate types
and technology. Security, reliability, opening speed, open height (so not to clip buses),
network connection, safety and remote operability are some of the key priorities for
Transfort.
Currently, Transfort buses utilize a combination of Opticom IR, camera detection, and photo
eyes for primary operation of the current gates. Back-up gate openers or “clickers” are also
in use as well as push buttons on the gates for operation of the local gate only. Finally,
remote operation from the Transfort Dispatch office is possible.
There have been some challenges with the current line-of-sight photo-eye solution at
several intersections and the City is interested in improving the experience with
the intersection traffic controller.
Challenges also exist with normal weather affecting the gate operation and the photo-eyes --
sun glare, rain, dew, or shadows falling on the photo-eye sensor cause the gates to
open/close in error. Snow and/or snow plows sometimes block the photo-eye causing
operating issues. Service Providers should propose a solution that provides consistent day
and night functionality and all-weather performance.
Gates with a sensitive edge so they immediately open if the edge comes into contact with a
bus (or other surface) may be considered, but is not required.
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Solutions for non-standard access to the Guideway shall be considered, for example
Roadway Repair and Utilities Services, Emergency Response Vehicles, and Grease Trap
Pumping trucks (only location to do this) that do not usually use the Guideway but may
require access at times. Service Providers shall outline operating procedures for these non-
standard access requirements.
The proposed solution should outline operational requirements, technology, integration with
Traffic controls, network connectivity and backup in the event of a cellular outage or other
disruption, and solutions for gates to function in all weather, including high winds and snow.
Proposals shall include safety and security considerations, such as providing bollards at
safe distances to protect gate infrastructure. The gates should also have a failsafe and/or
breakaway unit if the gate arms are struck by a vehicle.
All work/installation must be closely coordinated with Transfort operations to minimize
impact to service.
Service Provider shall include:
o Description of gate control operation and order of operations as well as backup
and remote options
o Solutions that address outlined current challenges with photo eye sensor and
line-of-sight operations
o Gate opening and closing speeds
Service Provider shall include a timeline for the installation and commissioning of the new
gates.
MAINTENANCE
Transfort is requesting that the successful Service Provider be able to provide repair and
maintenance services for the first five (5) years from the date of installation. Please submit
information regarding your preventative maintenance program as well as a schedule of rates
for evaluation. It is allowable for this service to be sub-contracted. Labor rates must adhere
to current Davis Bacon Wage rates.
FEDERALLY REQUIRED AND MODEL CONTRACT CLAUSES
Complete and submit section VI as part of Service Providers proposal.
Davis Bacon Wages and all Federal wage reporting is required as part of this solicitation. A
copy of these wage rates is referenced in Federal Transit Administration Federally Required
and Other Model Contract Clauses Section 18. DAVIS BACON ACT.
There is not a DBE Goal for this project.
WARRANTY
The Service Provider shall warrant and guarantee the gates for a period of one year from
date of acceptance for both labor and materials. Any and all materials, specialties,
equipment or accessories that prove defective in normal operation within the above period
shall be replaced or repaired by the Service Provider free of any cost to Transfort, including
all material, labor, and transportation costs. Transportation of warranty replacement parts
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shall be by the fastest means possible, including airfreight if the part is of a size that can be
reasonably shipped via airfreight. If it becomes necessary under the terms of this guarantee
that any part or material must be redesigned, replaced or repaired by this contractor, such
replaced items and any other item affected by this replacement shall be guaranteed for an
additional one (1) year period from date of replacement. All Service Providers will provide
the Owner with a written Statement of Warranty to include the Material and Labor to replace
any defective parts/components provided under this project for a period of one (1) year.
TRAINING
The Service Provider shall provide adequate training for Transfort and Traffic maintenance
personnel upon initial system installation and for future maintenance and troubleshooting of
the system, including operations and data administration. The Service Provider must include
the following details regarding the training plan: description of the courses, training schedule,
suggested attendees, course length, and suggested timing.
RECOMMENDED SPARE PARTS
The Service Provider shall provide Transfort with a list of recommended spare parts.
Recommended spare parts lists shall minimally define serviceable parts by system,
assembly, noun name of part, the major component the part relates to, original equipment
manufacturer (OEM), the OEM part number, life expectance (in years or usage), unit price,
unique part number and quantity per associated assembly.
The Service Provider shall provide Transfort with recommended spare parts to have on‐hand
for the first year of maintenance and repair.
PAYMENT AND PERFORMANCE BONDS
This project requires for the entire value of the contract to be covered by Payment &
Performance Bonds. Successful Service Provider needs to demonstrate their ability to Bond
the entire cost of the project.
CONSTRUCTION REQUIREMENTS
Contractor shall be responsible to:
a. Provide construction services according to the Agreement and contract
documents.
b. Provide qualified full-time site supervision and management of trade
subcontractors to meet or exceed the defined project schedule.
c. Provide open procurement of subcontractors and suppliers. A minimum of 3
quotes are required for the subcontractor procurement process unless otherwise
approved by the City Project Manager. At the City’s approval, subcontractors may
be selected without receipt of 3 quotes and prior to the price negotiation process
if the subcontractor’s early involvement adds value to the project through
constructability reviews, phase planning, or other factors identified by the project
team. In these cases, subcontractor’s costs must still be validated to be fair and
reasonable and be determined to be an overall value-add to the City and project.
d. Provide a project schedule to coordinate all task to work through project
development review, permitting and construction. The construction schedule will
be required to include procurement of materials, equipment and any anticipated
weather delays.
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e. Provide site security and protection during construction. Provide all site safety
management and compliance with OSHA standards and criteria. Implement a site
safety program that is reported on regularly.
f. Implement the City’s quality control program which is established to ensure a
quality finished product. Coordinate a three phases of the program as necessary
to meet with trades and ensure they understand our quality standards. Perform all
quality control testing and inspections in coordination with the City’s consultants.
All such tests and inspections shall be subject to the City written review and
approval. Link for this QA/QC program is included below.
g. Meet all licensing requirements as set forth by the City of Fort Collins for both
Contractor and subcontracted work.
h. Provide services to manage participation in the City’s project close out procedures
and coordinate trades to correct any issues during the project warranty period.
i. The Contractor’s construction team used for the RFP interviews will be the same
team used on the project by the Contractor. If at any time, the City determines
the Contractor’s construction team has been changed, the City reserves the
right to terminate the contract and procure the construction of the project by
other means.
j. At any time, if the City determines that personnel on the construction team is
not fit to continue, the City reserves the right to request personnel change as
needed.
k. All final construction work must comply with the latest adopted Americans with
Disabilities Act (ADA) as detailed at https://www.ada.gov/
l. Required to adhere to the City of Fort Collins Dust Prevention and Control
Manual. The manual is available at https://www.fcgov.com/airquality/pdf/dust-
prevention-and-control-manual.pdf
m. Required to fill out City of Fort Collins Waste Management Plan Form.
i. The Plan form is available at:
https://www.fcgov.com/recycling/files/construction-waste-management-
plan.pdf.
ii. Contractor may not receive final payment until this has been completed and
returned with back-up.
n. Required to provide dumpsters for waste and recycling and to coordinate the
location of dumpster(s) with the City personnel before construction begins.
o. Required to complete all forms for the Quality Assurance / Quality Control plan.
This work must be coordinated with the City of Fort Collins appropriate
personnel. The Quality Control Plan is available on-line and can be viewed at:
https://www.fcgov.com/opserv/pdf/dsgnstnds/qa-qc-plan.pdf.
p. Any damage caused to the existing buildings, parking lot, site, & landscaping
through access to the construction area will be at the Contractor’s expense to
repair the damaged area to existing conditions before the damage occurred.
q. Ensure a clean and safe work site at all times.
r. Required to pull all appropriate City, State, County, and Fire permits.
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B. Minimum Qualifications
a. City of Fort Collins Contractors License.
b. Demonstrated ability to bond the entire cost of the project.
c. 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.
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 29, 2024
• Pre-Proposal Meeting (TEAMS): 2:00PM MT on Tuesday, June 11, 2024
• Pre-Proposal Job Walk (On-Site): 1:00PM MT on Thursday, June 13, 2024
• Question deadline: 3:00 PM MT on June 14, 2024
• Proposal due date: 3:00 PM MT on June 28, 2024
• Interviews (tentative): Week of July 15th, 2024
• Award of Contract (tentative): July 2024
D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers 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.
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. 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.
F. 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.
G. Fees, Licenses, Permits
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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.
H. 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).
I. 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
event that the City has agreements with multiple Service Providers for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Service Providers 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.
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.
J. 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.
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 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 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 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.
10. Complete and submit Attachment A – Software As A Service (SAAS) Questionnaire
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.
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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.
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:
a. Provide a schedule of billing rates by category of employee and job title to be used
during the term of the Agreement as well as the proposed Preventative
Maintenance and Repair Services. 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.
4. Include any applicable recurring annual costs for support & maintenance for 5 years.
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.
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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 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 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 Project Manager's estimate?
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 9927 Transfort Max Line Gate Replacements 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, Service Providers 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:
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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. REQUIRED PROPOSAL SUBMITTAL DOCUMENTS
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Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
CERTIFICATION
The Contractor attests that it has filed the required certification under the Byrd Anti -
Lobbying Amendment. The Contractor attests that it has certified that it will not and has
not used Federal appropriated funds to pay any person or organization for infl uencing 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.
The 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.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification
and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
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BUY AMERICA CERTIFICATION
BUY AMERICA/BUILD AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA
or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and
include final assembly in the United States for 15 passenger vans and 15 passenger wagons
produced by Chrysler Corporation, and microcomputer equipment and software. Separate
requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling
stock must be assembled in the United States and have a 60 percent domestic content.
Build America, Buy America Act. Construction materials used in the Project are subject to the
domestic preference requirement of the Build America, Buy America Act. Pub. L. 117-58, div. G,
tit. IX 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the
U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement
is neither a waiver of 70914(a) nor a finding under 70914(b).
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.
Bids or offers that are not accompanied by a completed Buy America certification must be
rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and
the applicable regulations in 49 C.F.R. Part 661.5.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name _______________________________________________________________
Title ________________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name ______________________________________________________________
Title ________________________________________________________________________
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FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
TABLE OF CONTENTS
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 26
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE 26
3. FEDERAL CHANGES 26
4. CIVIL RIGHTS (EEO, TITLE VI & ADA) 27
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 31
6. ENERGY CONSERVATION REQUIREMENTS 31
7. VETERANS EMPLOYEMENT 31
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (2 CFR §200.216) 31
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200) 32
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 32
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD,
WASTE, ABUSE OR OTHER LEGAL MATTERS 33
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) 34
13. BUY AMERICA/BUILD AMERICA REQUIREMENTS 35
14. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT 36
15. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH – (APPENDIX II TO PART
200) 37
16. CARGO PREFERENCE REQUIREMENTS 37
17. FLY AMERICA REQUIREMENTS 38
18. DAVIS-BACON ACT (APPENDIX II TO PART 200) 38
19. COPELAND ANTI-KICKBACK ACTS (APPENDIX II TO PART 200) 50
20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO PART 200) 50
21. BONDING REQUIREMENTS (2 CRF 200.326) 51
22. EQUAL EMPLOYMENT OPPORTUNITY (APPENDIX II TO PART 200) 51
23. SEISMIC SAFETY REQUIREMENTS 54
24. SPECIAL DOL CLAUSE 54
25. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT) 54
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26. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS 54
27. DRUG AND ALCOHOL TESTING 55
28. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 55
29. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT 56
30. PROMPT PAYMENT AND RETURN OF RETAINAGE 56
31. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) 57
32. ADA ACCESS 57
33. ASSIGNABILITY 58
34. CITY OF FORT COLLINS BID PROTEST PROCEDURES 58
35. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 58
36. INCREASING SEAT BELT USE IN THE UNITED STATES 58
37. REDUCING TEXT MESSAGING WHILE DRIVING 58
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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 final
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
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
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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
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,
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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
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
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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
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
RFP 9927 Transfort Max Line Gate Replacements Page 30 of 165
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.
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.
RFP 9927 Transfort Max Line Gate Replacements Page 31 of 165
(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.
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).
RFP 9927 Transfort Max Line Gate Replacements Page 32 of 165
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, the 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.
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
RFP 9927 Transfort Max Line Gate Replacements Page 33 of 165
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
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
RFP 9927 Transfort Max Line Gate Replacements Page 34 of 165
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.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
CERTIFICATION
The Contractor attests that it has filed the required certification under the Byrd Anti -
Lobbying Amendment. The Contractor attests that it has certified that it will not and has
not used Federal appropriated funds to pay any person or organization for infl uencing 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.
The 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.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
RFP 9927 Transfort Max Line Gate Replacements Page 35 of 165
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification
and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
13. BUY AMERICA/BUILD AMERICA REQUIREMENTS
Applies to contracts exceeding $150,000 (When tangible property of construction is
acquired.)
Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with
49 U.S.C. 5323(j) apply to this contract.
Uniform Administrative Requirements. Compliance with FTA’s Buy America requirements
shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preference for Procurements”.
Limitations on Certain Rolling Stock Procurements. The contractor will comply with the
limitations on certain rolling stock procurements at 49 U.S.C. § 5323(u).
If contract exceeds $150,000, the contractor is required to sign the attached certification,
except those subject to a general waiver.
BUY AMERICA/BUILD AMERICA
RFP 9927 Transfort Max Line Gate Replacements Page 36 of 165
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA
or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and
include final assembly in the United States for 15 passenger vans and 15 passenger wagons
produced by Chrysler Corporation, and microcomputer equipment and software. Separate
requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling
stock must be assembled in the United States and have a 60 percent domestic content.
Build America, Buy America Act. Construction materials used in the Project are subject to the
domestic preference requirement of the Build America, Buy America Act. Pub. L. 117-58, div. G,
tit. IX 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the
U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement
is neither a waiver of 70914(a) nor a finding under 70914(b).
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.
Bids or offers that are not accompanied by a completed Buy America certification must be
rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and
the applicable regulations in 49 C.F.R. Part 661.5.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name _______________________________________________________________
Title ________________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name ______________________________________________________________
Title ________________________________________________________________________
14. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
Applies to all contracts exceeding $150,000.
RFP 9927 Transfort Max Line Gate Replacements Page 37 of 165
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
15. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH –
(APPENDIX II TO PART 200)
Applies to all contracts over $250,000.
Breach. Any breach of the Contract by Contractor shall be governed by the termination and
remedies provisions of the Contract. Additionally, in the event that the City incurs damages
as a result of Contractor’s breach, the City may pursue recovery of such damages from
Contractor. The City further retains the right to seek specific performance of the Contract at
any time as authorized by law. The City further retains the right to otherwise pursue any
remedies available to the City as a result of the Contractor’s breach, including but not limited
to administrative, Contractual, or legal remedies, as well as any applicable sanctions and
penalties.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Contractor to suspend performance
of all or any portion of the Work pending necessary corrective action specified by the
City and without entitling Contractor to an increase in compensation or extension of the
performance schedule. Contractor must promptly stop performance and incurring costs
upon delivery of a notice of suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Contractor to correct
any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct
rejected Work at Contractor’s sole expense within the time frame established by the City.
Upon completion of the corrections satisfactory to the City, City will remit payment to
Contractor.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Contractor otherwise fails to provide or complete,
as determined by the City in its sole discretion. Upon City request, Contractor will
promptly refund any amounts prepaid by the City with respect to such non-compliant
Work.
d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents
from performance of the Work, if the City, in its sole discretion, deems any such person
to be incompetent, careless, unsuitable, or otherwise unacceptable.
16. CARGO PREFERENCE REQUIREMENTS
RFP 9927 Transfort Max Line Gate Replacements Page 38 of 165
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.
17. 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.
18. 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.
"General Decision Number: CO20240014 01/05/2024
Superseded General Decision Number: CO20230014
State: Colorado
Construction Type: Highway
Counties: Larimer, Mesa and Weld Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
RFP 9927 Transfort Max Line Gate Replacements Page 39 of 165
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2024. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $12.90 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2024. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
RFP 9927 Transfort Max Line Gate Replacements Page 40 of 165
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
ENGI0009-012 05/01/2023
Rates Fringes
POWER EQUIPMENT OPERATOR:
(3)- Drill Rig Caisson
(smaller than Watson 2500
and similar)................$ 33.14 14.20
(4)-Oiler
Weld County................$ 33.30 14.20
(5)-Drill Rig Caisson
(Watson 2500 similar or
larger).....................$ 33.48 14.20
----------------------------------------------------------------
SUCO2011-009 09/15/2011
Rates Fringes
CARPENTER
Excludes Form Work..........$ 20.72 5.34
Form Work Only
Larimer, Mesa..............$ 18.79 3.67
Weld.......................$ 16.54 ** 3.90
CEMENT MASON/CONCRETE FINISHER
Larimer.....................$ 16.05 ** 3.00
Mesa........................$ 17.53 3.00
RFP 9927 Transfort Max Line Gate Replacements Page 41 of 165
Weld........................$ 17.48 3.00
ELECTRICIAN
Excludes Traffic
Signalization
Weld.......................$ 33.45 7.58
Traffic Signaliztion
Weld.......................$ 25.84 6.66
FENCE ERECTOR
Weld........................$ 17.46 3.47
GUARDRAIL INSTALLER
Larmer, Weld................$ 12.89 ** 3.39
HIGHWAY/PARKING LOT
STRIPING:Painter
Larimer.....................$ 14.79 ** 3.98
Mesa........................$ 14.75 ** 3.21
Weld........................$ 14.66 ** 3.21
IRONWORKER, REINFORCING
(Excludes Guardrail
Installation)
Larimer, Weld...............$ 16.69 ** 5.45
IRONWORKER, STRUCTURAL
(Excludes Guardrail
Installation)
Larimer, Weld...............$ 18.22 6.01
LABORER
Asphalt Raker
Larimer....................$ 18.66 4.66
Weld.......................$ 16.72 ** 4.25
Asphalt Shoveler............$ 21.21 4.25
RFP 9927 Transfort Max Line Gate Replacements Page 42 of 165
Asphalt Spreader............$ 18.58 4.65
Common or General...........$ 16.29 ** 4.25
Concrete Saw (Hand Held)....$ 16.29 ** 6.14
Landscape and Irrigation....$ 12.26 ** 3.16
Mason Tender-
Cement/Concrete.............$ 16.29 ** 4.25
Pipelayer
Larimer....................$ 17.27 3.83
Mesa, Weld.................$ 16.23 ** 3.36
Traffic Control (Flagger)...$ 9.55 ** 3.05
Traffic Control (Sets
Up/Moves Barrels, Cones,
Install Signs, Arrow
Boards and Place
Stationary Flags)(Excludes
Flaggers)
Larimer, Weld..............$ 12.43 ** 3.22
PAINTER (Spray Only).............$ 16.99 ** 2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
Larimer....................$ 26.75 5.39
Mesa,Weld..................$ 23.93 7.72
Asphalt Paver...............$ 21.50 3.50
Asphalt Roller
Larimer....................$ 23.57 3.50
Mesa.......................$ 24.25 3.50
Weld.......................$ 27.23 3.50
Asphalt Spreader
Larimer....................$ 25.88 6.80
Mesa, Weld.................$ 23.66 7.36
Backhoe/Trackhoe
Larimer....................$ 21.46 4.85
Mesa.......................$ 19.81 6.34
Weld.......................$ 20.98 6.33
RFP 9927 Transfort Max Line Gate Replacements Page 43 of 165
Bobcat/Skid Loader
Larimer....................$ 17.13 ** 4.46
Mesa, Weld.................$ 15.37 ** 4.28
Boom........................$ 22.67 8.72
Broom/Sweeper
Larimer....................$ 23.55 6.20
Mesa.......................$ 23.38 6.58
Weld.......................$ 23.23 6.89
Bulldozer
Larimer, Weld..............$ 22.05 6.23
Mesa.......................$ 22.67 8.72
Crane.......................$ 26.75 6.16
Drill
Larimer, Weld..............$ 31.39 0.00
Mesa.......................$ 35.06 0.00
Forklift....................$ 15.91 ** 4.68
Grader/Blade
Larimer....................$ 24.82 5.75
Mesa.......................$ 23.42 9.22
Weld.......................$ 24.53 6.15
Guardrail/Post Driver.......$ 16.07 ** 4.41
Loader (Front End)
Larimer....................$ 20.45 3.50
Mesa.......................$ 22.44 9.22
Weld.......................$ 23.92 6.67
Mechanic
Larimer....................$ 27.68 4.57
Mesa.......................$ 25.50 5.38
Weld.......................$ 24.67 5.68
Oiler
Larimer....................$ 24.16 8.35
Mesa.......................$ 23.93 9.22
Roller/Compactor (Dirt and
Grade Compaction)
Mesa, Weld.................$ 21.33 6.99
Roller/Compactor (Dirt and
RFP 9927 Transfort Max Line Gate Replacements Page 44 of 165
Grade Compaction
Larimer....................$ 23.67 8.22
Rotomill
Larimer....................$ 18.59 4.41
Weld.......................$ 16.22 ** 4.41
Scraper
Larimer....................$ 21.33 3.50
Mesa.......................$ 24.06 4.13
Weld.......................$ 30.14 1.40
Screed
Larimer....................$ 27.20 5.52
Mesa.......................$ 27.24 5.04
Weld.......................$ 27.95 3.50
Tractor.....................$ 13.13 ** 2.95
TRAFFIC SIGNALIZATION:
Groundsman
Larimier....................$ 11.44 ** 2.84
Mesa........................$ 16.00 ** 5.85
Weld........................$ 16.93 ** 3.58
TRUCK DRIVER
Distributor
Larimer....................$ 19.28 4.89
Mesa.......................$ 19.17 4.84
Weld.......................$ 20.61 5.27
Dump Truck
Larimer....................$ 18.86 3.50
Mesa.......................$ 15.27 ** 4.28
Weld.......................$ 15.27 ** 5.27
Lowboy Truck
Larimer....................$ 18.96 5.30
Mesa,Weld..................$ 18.84 5.17
Mechanic....................$ 26.48 3.50
Multi-Purpose Specialty &
Hoisting Truck
RFP 9927 Transfort Max Line Gate Replacements Page 45 of 165
Larimer, Mesa..............$ 16.65 ** 5.46
Weld.......................$ 16.87 ** 5.56
Pickup and Pilot Car........$ 13.93 ** 3.68
Semi/Trailer Truck..........$ 18.39 4.13
Truck Mounted Attenuator....$ 12.43 ** 3.22
Water Truck
Larimer....................$ 19.14 4.99
Mesa.......................$ 15.96 ** 5.27
Weld.......................$ 19.28 5.04
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
RFP 9927 Transfort Max Line Gate Replacements Page 46 of 165
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
RFP 9927 Transfort Max Line Gate Replacements Page 47 of 165
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
RFP 9927 Transfort Max Line Gate Replacements Page 48 of 165
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
RFP 9927 Transfort Max Line Gate Replacements Page 49 of 165
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION"
RFP 9927 Transfort Max Line Gate Replacements Page 50 of 165
19. 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.
20. 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 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
RFP 9927 Transfort Max Line Gate Replacements Page 51 of 165
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.
21. 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
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 t he
execution of the work provided for in the Contract.
22. 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:
RFP 9927 Transfort Max Line Gate Replacements Page 52 of 165
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.
(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:
RFP 9927 Transfort Max Line Gate Replacements Page 53 of 165
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
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 assur ance 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.
RFP 9927 Transfort Max Line Gate Replacements Page 54 of 165
23. SEISMIC SAFETY REQUIREMENTS
Applies to contracts for construction of new buildings or additions to existing buildings.
Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part
41 and will certify to compliance to the extent required by the regulation. The contractor
also agrees to ensure that all work performed under this contract including work performed
by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
24. SPECIAL DOL CLAUSE
Applies to contracts for construction exceeding $10,000.
41 CFR Part 60 – See Section 15 – Contract Clause Civil Rights Requirements
25. 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.
26. 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.§
RFP 9927 Transfort Max Line Gate Replacements Page 55 of 165
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.
27. DRUG AND ALCOHOL TESTING
Applies to all Operational Services contracts except micro-purchases.
Drug and Alcohol Testing
The contractor agrees to (select one option):
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.
28. 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
RFP 9927 Transfort Max Line Gate Replacements Page 56 of 165
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 Cooperative
Contracts,” and any implementing regulations issued by the awarding agency.
29. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 3%. A contract goal of 1.4 % DBE participation has been established for
this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for in
49 CFR 26.53. Award of this contract is conditioned on submission of the following
concurrent with and accompanying sealed bid:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders must present the information required above as a matter of responsiveness (see
49 CFR 26.53(3)).
30. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City. In addition, the contractor
may not hold retainage from its subcontractors. The contractor must promptly notify
the City whenever a DBE subcontractor performing work related to this contract is
RFP 9927 Transfort Max Line Gate Replacements Page 57 of 165
terminated or fails to complete its work and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The
contractor may not terminate any DBE subcontractor and perform that work through
its own forces or those of an affiliate without prior written consent of the City.
31. 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
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 the 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
32. 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
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33. 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.
34. 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.
35. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
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.
36. 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.
37. 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.
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9927 Transfort Maxline Gate Replacements Page 59 of 165
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 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 9927
Transfort Maxline Gate Replacement. 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, samples of which are attached hereto as Exhibit A & B, consisting of two
(2) and ( ) pages 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. A general scope of services is
attached hereto as Exhibit , consisting of ( ) pages, 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 & B 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 C, consisting of ( ) page(s),
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
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
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9927 Transfort Maxline Gate Replacements Page 60 of 165
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 and shall continue in full force
and effect until , 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 is 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/Notices. 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 mailed at least ten (10) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective immediately when
emailed or three 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: Gretchen Gramling
PO Box 580
Fort Collins, CO 80522
ggramling@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
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. 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.
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9927 Transfort Maxline Gate Replacements Page 61 of 165
8. Payments.
a. 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 cost s,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
, consisting of ( ) pages, and incorporated herein by this reference.
b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager.
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. Payment shall be made
by the City only upon acceptance of the work by the City and upon the Service Provider
furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials,
and other costs incurred in connection with the performance of such work. 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.
9. 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.
10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in the Work Order, plus any extensions thereof allowed in accordance
with Article 12 of the General conditions. They also recognize the delays, expenses and
difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
11. 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.
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/subconsultants. 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
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9927 Transfort Maxline Gate Replacements Page 62 of 165
not be 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/subconsultant 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/subconsultant 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/subconsultant and the City, nor will it obligate the City to pay or see
to the payment of any subcontractor/subconsultant, and (d) the work of the
subcontractor/subconsultant 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 twenty-four (24) months from and
after final acceptance under the Work Order, regardless whether the same were
furnished or performed by Service Provider or by any of its
subcontractors/subconsultants 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.
18. Remedies. In the event a party has been declared in default, such defaulting party shall be
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9927 Transfort Maxline Gate Replacements Page 63 of 165
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 ,
consisting of ( ) page(s), 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, 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. The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. 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 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.
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22. 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
law.
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/subconsultants at
every tier.
24. 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.
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. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of four
(4) page(s), Exhibit ____ - Federal Transit Administration Federally Required and Other
Model Contract Clauses consisting of thirty-five (35) pages and Exhibit , Section
00700 General Conditions consisting of fifty-three (53) pages.
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[Signature Page Follows]
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
Date:
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9927 Transfort Maxline Gate Replacements Page 66 of 165
EXHIBIT A
WORK ORDER FORM (Short form)
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE: Transfort Maxline Gate Replacement
ORIGINAL BID/RFP NUMBER & NAME: 9927 Transfort Maxline Gate Replacement
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.
The attached forms consisting of ( ) pages 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: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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9927 Transfort Maxline Gate Replacements Page 67 of 165
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
CONSTRUCTION WORK ORDER
FOR
9927 TRANSFORT MAXLINE GATE
REPLACEMENT
WORK ORDER NO.
TITLED
TRANSFORT MAXLINE GATE REPLACEMENT
DATE:
CONTRACTOR:
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9927 Transfort Maxline Gate Replacements Page 68 of 165
TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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9927 Transfort Maxline Gate Replacements Page 70 of 165
SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR OR CM/GC):
WORK ORDER # & TITLE: 9927 Transfort Maxline Gate Replacement
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE: 9927 Transfort Maxline Gate Replacement
ENGINEER:
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance
and Payment Bonds and insurance are required.
3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date
for Substantial Completion of this Work Order is , and after Substantial Completion,
the date for Final Completion is .
4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expenses and difficulties involved in proving in a legal proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter.
1. Substantial Completion: FIVE HUNDRED DOLLARS ($500.00) for each
calendar day or fraction thereof that expires after until the work is
Substantially Complete.
2. Final Acceptance: After Substantial Completion FIVE HUNDRED DOLLARS
($500.00) for each calendar day or fraction thereof that expires after the
period for Final Payment and Acceptance until the Work is ready for Final
Payment and Acceptance.
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9927 Transfort Maxline Gate Replacements Page 71 of 165
5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application
for Payment as recommended by ENGINEER, once each month during
construction as provided below. All progress payments will be on the basis
of the progress of the Work measured by the schedule of values
established in paragraph 2.6 of the General Conditions and in the case of
Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If , in the sole
discretion of Owner, on recommendation of Engineer, Owner determines
that the character and progress of the Work have been satisfactory to
OWNER and ENGINEER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed. 95% of materials and
equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the
application Section 00960.
5.1.2 Upon Substantial Completion payment will be made in an amount sufficient,
if necessary, to increase total payments to CONTRACTOR to 95% of the
Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
6. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this
Agreement, CONTRACTOR makes the following representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2 CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
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9927 Transfort Maxline Gate Replacements Page 72 of 165
6.3 CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
7. CONTRACT DOCUMENTS.
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
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7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4 The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.5 There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners,
successors, assigns and legal representatives to the other party
hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, Agreement and obligations contained in the
Contract Document.
9. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and
accompanying amendments or supplements to the Contract Documents (except any
applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable
Drawings will be delivered separately or otherwise made available to you immediately. You
must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is, by .
A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order,
including all amendments or supplements to the Contract Documents incorporated
herein. Each Work Order must bear your signature as provided.
B. You must deliver with the executed Work Order the Contract Security (Bonds) and
insurance, as specified in the Agreement, this Work Order, the General Conditions
(Article 5.1) and the Supplementary Conditions.
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9927 Transfort Maxline Gate Replacements Page 74 of 165
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after
you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of
this Work Order with any amendments or supplements to the Contract Documents attached.
CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
CONTRACTOR agrees to perform the services identified above, in accordance with the terms
and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF
AWARD dated , between the parties. In the event of a conflict between or ambiguity in the
terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control.
CONTRACTOR:
By: Date:
Name: Title:
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9927 Transfort Maxline Gate Replacements Page 75 of 165
OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference and the attached Notice to Proceed is hereby given.
ACCEPTANCE: Date: _____
, Projects Manager
OWNER: CITY OF FORT COLLINS
ACCEPTANCE: ___________________________________________ Date: __________
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ACCEPTANCE: ___________________________________________ Date: __________
Gerry Paul, Purchasing Director
(if greater than $60,000)
APPROVED AS TO FORM: __________________________________ Date: __________
ATTEST: ___ ________________________________________ Date: __________
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BID SCHEDULE
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SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE: 9927 Transfort Maxline Gate Replacement
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 9927 Transfort Maxline Gate Replacement
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Contract Documents covering
the above described Work have been fully executed by the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance and Payment Bonds and insurance have been
received by the OWNER. That the OWNER has approved the said Work Order and Contract
Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required
by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (OWNER)
By: ___________________________________________
___________________________________________
Name & Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________
day of ___________, _____.
(CONTRACTOR)
By: ___________________________________________
___________________________________________
Name & Title
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9927 Transfort Maxline Gate Replacements Page 3 of 165
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
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9927 Transfort Maxline Gate Replacements Page 4 of 165
SECTION 00610
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 2 , for 9927 Transfort
Maxline Gate Replacement a copy of which is hereto attached and made a part hereof, for the
performance of The City of Fort Collins Work Order, titled 9927 Transfort Maxline Gate
Replacement, Work Order Number , dated the day of , , a copy of which
is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement
during the original term thereof, and any extensions thereof which may be granted by the
OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the
Principal shall satisfy all claims and demands incurred under such Work Order and Agreement,
and shall fully indemnify and save harmless the OWNER from all cost and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
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9927 Transfort Maxline Gate Replacements Page 5 of 165
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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9927 Transfort Maxline Gate Replacements Page 6 of 165
SECTION 00615
PAYMENT BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , , for 9927 Transfort
Maxline Gate Replacement, a copy of which is hereto attached and made a part hereof, for the
performance of The City of Fort Collins Work Order, titled 9927 Transfort Maxline Gate
Replacement, Work Order Number , dated the day of , , a copy of which
is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Agreement and any authorized extension or modification
thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
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9927 Transfort Maxline Gate Replacements Page 7 of 165
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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9927 Transfort Maxline Gate Replacements Page 8 of 165
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in
accordance with the following:
1. The Contractor 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 Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
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 Contractor, 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 Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the
Contractor’s general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, 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 Contractor 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.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE:
9927 Transfort Maxline Gate Replacement
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
9927 Transfort Maxline Gate Replacement
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE: OWNER: City of Fort Collins
CONTRACTOR:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Contract Documents, has been
inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER
and the project (or specified part of the project, as indicated above) is hereby decla red to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
_____________________________ By: __________________________ ________
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance
under the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE: ________________, _____
TO:
Gentlemen:
You are hereby notified that on the day of , , the City of Fort Collins, Colorado,
has accepted the Work completed by , for the City of Fort Collins Work Order, titled 9927
Transfort Maxline Gate Replacement, Work Order Number under 9927 Transfort Maxline
Gate Replacement.
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
AGREEMENT, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
WORK ORDER TITLE: 9927 Transfort Maxline Gate Replacement
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 9927 Transfort Maxline Gate Replacement
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the
OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the buildings
on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various Subcontractors
or materialmen or their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or possible future mechanic's
liens or rights or claims against the project or any funds in the OWNER'S possession or
control concerning the project or against the OWNER or its officers, agents, employees or
assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any,
and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys fees,
incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material
bonds for the project.
Signed this ______ day of __________, ___.
CONTRACTOR:
By: ___________________________________________
___________________________________________
Name & Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
_________________________
Notary Public
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
WORK ORDER # & TITLE: 9927 Transfort Maxline Gate Replacement
ORIGINAL BID/RFP # & TITLE: 9927 Transfort Maxline Gate Replacement
CONTRACT DATE:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Contract between the OWNER and the
CONTRACTOR as indicated above, for the Work Order titled 9927 Transfort Maxline Gate
Replacement on bond of , (Surety)
_______________________________________ hereby approves of the Final Payment to the
CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety
Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of
_________ _, _____.
____________________________________________
(Surety Company)
By: ________________________________________
(Name) Attorney-in-Fact
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins
Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project defined in the
Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous,
beneficial operation of the modifications, and all inspections required have been
completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43.A. Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work, pursuant
to the Agreement and all as required by the Contract Documents, and that becomes a
Contract Document when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten days after the Contract Times
for a Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be held to
establish a working relationship among the parties as to the Work and to discuss the
schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and
other submittals, processing Applications for Payment, and maintaining required
records.
SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10. Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract Documents
notwithstanding, no Work shall be initiated or performed until CONTRACTOR has
received a signed and executed Work Order, incorporating the Notice to Proceed, from
OWNER; and no provision of this Article 2 or of the General and Supplementary
Conditions and Contract Documents shall permit or require any action of
CONTRACTOR in the absence of a signed and executed Work Order. All provisions
of this Article 2 and of the General and Supplementary Conditions and Contract
Documents referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as referencing and,
as appropriate, requiring a signed and executed Work Order.
SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the
General Conditions:
4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site have been utilized by the Engineer in preparation
of the Contract Documents, except the following:
SC-5 BONDS AND INSURANCE
SC-5.4.7. Include the following parties or entities as additional insureds, as provided in
paragraph 5.4.7 of the General Conditions:
5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado
80522
5.4.7.2. .
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as follows:
For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B -
$100,000 / $100,000 / $500,000.
For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will
have limits of $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations coverage /
product liability coverage with limits of $1,000,000 combined single limits (CSL). This
policy shall also include an Umbrella Excess Liability as follows: General liability and
automobile liability insurance in an amount not less than $1,000,000 per occurrence
in excess of the above stated primary limits.
SC-6 CONTRACTOR’S RESPONSIBILITIES
SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract Documents
as mandated by statute or for the convenience of the CONTRACTOR. Other Laws
and Regulations apply which are not included herein, and are within the
CONTRACTOR's duty and responsibility for compliance thereto:
6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in
the vicinity of such facilities.
6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price
involved, or other good reason, before or at the time that the contract is awarded to a
corporation outside the State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State of Colorado, designate a
place of business therein, and appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate from the Secretary of
State of Colorado has been issued by its office and there shall also be procured from
the Colorado Secretary of State of photostatic or certified copy of the designated of
place of business and appointment of agent for service of process, or a letter from the
Colorado Secretary of State that such designation of place of business and agent for
service of process have been made.
6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the
Industrial Commission of Colorado. Particular reference is made to rules and
regulations governing excavation Work adopted by the Industrial Commission of
Colorado.
SC-11 CHANGE OF CONTRACT PRICE
SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed
by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee,
overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2,
and 11.6.2.3.
SC-12 CHANGE OF CONTRACT TIMES
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions:
12.3. .... Lost days due to abnormal weather conditions will be allocated as
required.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions:
14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the Allowable
Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall
be advanced to the Contractor for mobilization in the first progress payment.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. : 9927 Transfort Maxline Gate Replacement
ORIGINAL BID/RFP # & TITLE: 9927 Transfort Maxline Gate Replacement
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
_________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Purchasing Agent if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
Project Manager Contractor
SECTION 00960
PAYMENT APPLICATION
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00
Exhibit C
Scope of Services
Exhibit D
INSURANCE REQUIREMENTS
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this AGREEMENT.
All insurance policies required by this AGREEMENT that are not provided through self-insurance
shall be issued by insurance companies with an AM Best rating of A-VIII or better.
A. Local Agency Insurance. Local Agency is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, §24-10- 101, et seq., C.R.S. (the “GIA”) and shall maintain at all
times during the term of this AGREEMENT such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements. Local Agency shall ensure that each Subcontractor that is a
public entity within the meaning of the GIA, maintains at all times during the terms of this
AGREEMENT, such liability insurance, by commercial policy or self-insurance, as is
necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall ensure
that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at
all times during the terms of this AGREEMENT all of the following insurance policies:
i. Workers’ Compensation Workers’ compensation insurance as required by state statute,
and employers’ liability insurance covering all Local Agency or Subcontractor employees
acting within the course and scope of their employment.
ii. General Liability Commercial general liability insurance written on an Insurance Services
Office occurrence form, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability, personal
injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate; c. $1,000,000 products and completed operations
aggregate; and d. $50,000 any 1 fire.
iii. Automobile Liability. Automobile liability insurance covering any auto (including owned,
hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined
single limit.
iv. Protected Information Liability insurance covering all loss of State Confidential Information,
such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations
of privacy rights through improper use or disclosure of protected information with minimum
limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance. Professional liability insurance covering any damages
caused by an error, omission or any negligent act with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vi. Crime Insurance. Crime insurance including employee dishonesty coverage with minimum
limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability insurance covering all civil, regulatory and
statutory damages, contractual damages, data breach management exposure, and any
loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI,
and claims based on alleged violations of breach, violation or infringement of right to
privacy rights through improper use or disclosure of protect consumer data protection law,
confidentiality or other legal protection for personal information, as well as State
Confidential Information with minimum limits as follows: OLA #: 331003221 Routing #: 24-
HA4-XC-00244
a. $1,000,000 each occurrence; and b. $2,000,000 general aggregate.
C. Additional Insured.
1) The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed
operations) required of Local Agency and Subcontractors. In the event of cancellation of
any commercial general liability policy, the carrier shall provide at least 10 days prior
written notice to CDOT.
2) 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 certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
D. Primacy of Coverage. Coverage required of Local Agency and each Subcontractor shall be
primary over any insurance or self-insurance program carried by Local Agency or the State.
E. Cancellation. All commercial insurance policies shall include provisions preventing
cancellation or non-renewal, except for cancellation based on non-payment of premiums,
without at least 30 days prior notice to Local Agency and Local Agency shall forward such
notice to the State in accordance with §16 within 7 days of Local Agency’s receipt of such
notice.
F. Subrogation. Waiver All commercial insurance policies secured or maintained by Local
Agency or its Subcontractors in relation to this AGREEMENT shall include clauses stating that
each carrier shall waive all rights of recovery under subrogation or otherwise against Local
Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
G. Certificates. For each commercial insurance plan provided by Local Agency under this
Agreement, Local Agency shall provide to the State certificates evidencing Local Agency’s
insurance coverage required in this Agreement within seven (7) Business Days following the
Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor
insurance coverage required under this Agreement within seven (7) Business Days following
the Effective Date, except that, if Local Agency’s subcontract is not in effect as of the Effective
Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local
Agency’s execution of the subcontract. No later than 15 days before the expiration date of
Local Agency’s or any Subcontractor’s coverage, Local Agency shall deliver to the State
certificates of insurance evidencing renewals of coverage. At any other time during the term
of this Agreement, upon request by the State, Local Agency shall, within seven (7) Business
Days following the request by the State, supply to the State evidence satisfactory to the State
of compliance with the provisions of this §12.
Exhibit E
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under
this AGREEMENT, the parties agree to comply with reasonable policies and procedures with
regard to the exchange and handling of confidential information and other sensitive materials
between the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this AGREEMENT and related to the services for which SERVICE
PROVIDER has been engaged shall be considered in the same manner and be subject to the
same treatment as the information disclosed after the execution of this AGREEMENT with
regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose Confidential Information. The CITY and SERVICE PROVIDER
shall cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the parties.
SERVICE PROVIDER shall not use such information to obtain any economic or other benefit
for itself, or any third party, other than in the performance of obligations under this
AGREEMENT.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, SERVICE PROVIDER must implement reasonable policies and procedures to
detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red
Flags Rules found at 16 Code of Federal Regulations part 681. Further, SERVICE
PROVIDER must take appropriate steps to mitigate identity theft if it occurs with any of the
CITY’s covered information and must notify the CITY in writing within twenty-four (24) hours
of discovery of any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
SERVICE PROVIDER shall have in place information security safeguards designed to
conform to or exceed industry best practices regarding the protection of the confidentiality,
integrity and availability of Confidential Information and shall have written agreements
requiring any subcontractor to meet those standards. These information security safeguards
(the “Information Security Program”) shall be materially consistent with, or more stringent than,
the safeguards described in this Exhibit.
(a) SERVICE PROVIDER’s information security safeguards shall address the following
elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall
not release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions
of this AGREEMENT, including the data security measures described in this Exhibit, and
to require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor SERVICE
PROVIDER may use. Accordingly, any release of data, confidential information, or failure
to protect information under this AGREEMENT by a subcontractor or affiliated party shall
be attributed to SERVICE PROVIDER and may be considered to be a material breach of
this AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the SERVICE PROVIDER can ensure security for the Confidential Information
so stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If SERVICE PROVIDER breaches any of the terms of this Exhibit, in
the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and
withdraw SERVICE PROVIDER’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing
Party may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent jurisdiction
to enjoin or remedy any violation of this AGREEMENT.