HomeMy WebLinkAboutBID - 10004 Downtown Transit Center (DTC) ADA Improvements
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
DOWNTOWN TRANSIT CENTER (DTC) ADA
IMPROVEMENTS
BID NO. 10004
June 17, 2024
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
CONTRACT DOCUMENTS TABLE OF CONTENTS
BID INFORMATION
00020 Notice Inviting Bids
00100 Instruction to Bidders
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Subcontractors
00440 CDOT Form #606, Anti-Collusion Affidavit
00450 CDOT Form #1413, Bidders List
00460 CDOT Form #1414, Anticipated DBE Participation Plan
00470 Buy America Certification
00480 Certification Regarding Lobbying
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 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 00660-1
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
Davis Bacon Wage Rates
Federal Terms & Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
00965 Prompt Payment Certification
Exhibit A – Drawings Set Dated May 6, 2024
Exhibit B – Project Phasing Plan
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
BID DUE: 3:00 PM MT (MT our clock), July 17, 2024
As part of the City’s commitment to sustainability, sealed Bids must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/colorado/city-of-
fort-collins.
Public Bid Opening: The bid opening will be conducted by video conference per the following
information. At said place and time, and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud. To access the public Bid opening, please
follow the Microsoft Teams link below:
Join the meeting now
Meeting ID: 210 352 086 591 Passcode: EoEZg7
Dial in by phone
1-970-628-0892
Phone conference ID: 136 517 96#
The Work of this Contract consists of removal of pavers, replacement of concrete curb and
gutter, concrete sidewalk, and concrete ramps at the Transfort Downtown Transit Center (DTC)
located at 250 N Mason St in Fort Collins, CO 80524. The objective of this Work is to bring
pedestrian areas of this facility in compliance with ADA (Americans with Disabilities Act).
The Contractor is to minimize disruption to the normal functions of the DTC, its employees,
vendors, visitors, contractors, or related outside businesses during the Work of this project.
Contractor communication with the Owner will be critical in order to maintain operations and
achieve project goals. There is a suggested Phasing Plan that allows for 2 of the 3 drive lanes
and bus stations to be open at all times. Buses will be re-routed as
(1) lane is closed at a time. Contractor shall provide the Owner (1) week minimum notice prior to
commencing any Work activities that will involve the closing of bus lanes and redirection of
operations.
The Bid Schedule of this Bid includes a Base Bid and Three (3) Alternates. Refer to Bid
Schedule for a breakout of Work activities and quantities.
The anticipated construction start date is August 19, 2024, and all construction must be
completed and accepted no later than November 1, 2024. Contractor shall submit all required
closeout documentation to the Owner no later than December 1, 2024.
Note to bidders - Pedestrian crosswalks in drive lanes or bus entrances will be constructed with
red concrete per City of Fort Collins standards. These pedestrian crosswalks are located on
Sheets 2, 4, and 5.
The Exhibit B Project Phasing Plan identifies the sequence of the Work to be completed if the
Contractor is to perform all Alternates. The selected Contractor may propose revisions to the
Project Phasing Plan for Owner approval. All plans must allow for operations of the DTC to
continue undisrupted operations. A maximum of (1) bus lane with associated bus stops may be
closed at a time, the remaining lanes and bus stops are to be fully operational. The sequence of
Work is anticipated to be completed starting in the east moving west. The Project Phasing Plan
is subject to change by mutual agreement of the parties based on Bid Alternates selected and
the selected Contractor’s proposed construction schedule.
Phase 1 will close the eastern most drive lane (closest to the DTC building) and two bus stops
along the east side of the DTC. During Phase 1, these bus routes will be re-routed. The center
island bus stops will still be active. The Contractor must coordinate Work, materials and
equipment to allow safe entrance and exit of pedestrians and buses to and from the center
island, west bus lane, and building. Contractor will be responsible for providing all associated
traffic control including safe pedestrian access.
Phase 2 will close the three center island bus stops and the center driving lane. The routes will
be serviced by the east bus stops completed during Phase 1 Work. The Contractor must
coordinate Work, materials and equipment to allow safe entrance and exit of pedestrians and
buses to and from the east bust stops and east bus lane. Contractor will be responsible for
providing all associated traffic control including safe pedestrian access.
Phase 3 will close the Maxline bus stop (sheet 3) and, depending on selected Bid Alternates.
The Maxline bus exit (sheet 4) and the north alleyway entrance (sheet 5). During Phase 3 the
Maxline bus will be serviced from the center island bus stops. The Contractor must coordinate
Work, materials and equipment to allow safe entrance and exit of pedestrians and buses to and
from the east and center island bus stops as well as the east and west bus lanes. Contractor will
be responsible for providing all associated traffic control including safe pedestrian access.
Phase 4 will close the main bus entrance to the DTC from Mason Street. During Phase 4 the
Maxline bus stop will still be operational. The Contractor must coordinate Work, materials and
equipment to allow safe entrance and exit of pedestrians and buses to and from the Maxline bus
stop. Contractor will be responsible for providing all associated traffic control including safe
pedestrian access.
This is a Federally funded project requiring compliance with the included Federal Transit
Administration Federally Required and Other Model Contract Clauses. Davis Bacon Wages and
all Federally wage reporting is required as part of this bid. A copy of the wage rates can be
found in Section 00800 Supplementary Conditions. There is not a DBE Goal assigned to this
Contract, but DBE’s are strongly encouraged to pursue this bid.
Bidders must complete, sign and submit with the bid all documents in Sections 00300 and 00400
including but not limited to CDOT Bidding forms 606, 1413 and 1414, Buy America Certificate,
and Lobbying Certificate with the Bid. Bids will not be accepted if these documents are not
included.
The City encourages all disadvantaged business enterprises to participate in Invitations to Bid
(ITB) and will not be discriminated against any Bidder on the grounds of race, color, national
origin.
A MANDATORY pre-bid conference and job walk with representatives of prospective
Bidders will be held at the DTC located at 250 North Mason, Fort Collins, CO 80524, on
June 27, 2024 at 2:00 PM MST. Prospective Bidders are invited to present their questions
relative to this Bid proposal at this meeting.
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, no later than 3:00 PM MT on July 9, 2024. Please format your e-mail to
include: Bid 10004 DTC ADA IMPROVEMENTS 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 RMEPS.
The Contract Documents and Construction Drawings may be examined online at:
http://www.bidnetdirect.com/colorado/city-of-fort-collins
Bid Bond in the amount of not less than 5% of the total Bid must accompany each Bid in the form
specified in the Instructions to Bidders.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
performance of the Contract.
No Bid may be withdrawn within a period of ninety (90) days after the date fixed for opening Bids.
The City reserves the right to reject any and all Bids, and to waive any informalities and
irregularities therein.
Prohibition of Unlawful Discrimination: The City, 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,
affirmatively ensures that for all contracts entered into with the City, disadvantaged business
enterprises are afforded a full and fair opportunity to bid on the contract and are not to be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The Bidder acknowledges that the City, 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); Section §§24-34-401, et seq.,
C.R.S., and any associated State or Federal laws and regulations, 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 forty (40) years or older,
marital status, disability, sexual orientation, genetic information, or other characteristics protected
by law. Pursuant to City 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 the employee has been discriminated against in violation
of the above policy or participating in an employment discrimination proceeding.
The City requires the Bidder 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 subcontractors/subconsultants at every tier.
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 the officer or employee exercises directly or indirectly any
decision-making authority concerning the 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.
Contractor Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 and requires all Contractors 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 bid.
Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open
Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any Bid submitted hereunder is subject
to public disclosure by the City pursuant to CORA and City ordinances. All submitted provisions
and pricing of Bids, Bid Forms, and the awarded CONTRACT will be, without redaction,
considered public records subject to disclosure under CORA. By responding to this Bid,
Bidder hereby waives any and all claims against the City relating to CORA.
Collusive or Sham Bid: Any Bid deemed to be collusive or a sham Bid will be rejected and
reported to authorities. Bidder’s authorized signature on its Bid assures that the Bid is genuine
and is not a collusive or sham Bid.
City of Fort Collins
Gerry Paul
Purchasing Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to City (OWNER), as distinct from a sub-bidder, who submits a Bid to Bidder. The
terms "Successful Bidder" means the lowest, qualified, responsible and responsive
Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided)
makes an award. The term "Bidding Documents" includes the Advertisement or
Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract
Documents (including all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to
Bid. No partial sets will be issued. The Bidding Documents may be examined at the
locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include all elements of Sections 00300 and 00400
fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the
time of the Bid Opening, a written statement of qualifications provided in Section
00420. As applicable, Bidder must possess all required state and local licenses.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining
whether a Bidder is responsible, the following shall be considered: (1) The ability,
capacity and skill of the Bidder to perform the CONTRACT or provide the services
required, (2) whether the Bidder can perform the contract or provide the service
promptly and within the time specified without delay or interference, (3) the character,
integrity, reputation, judgment, experience and efficiency of the Bidder, (4) the quality
of the Bidder's performance of previous contracts or services, (5) the previous and
existing compliance by the Bidder with laws and ordinances relating to the contract
or service, (6) the sufficiency of the financial resources and ability of the Bidder to
perform the contract or provide the service, (7) the quality, availability and adaptability
of the materials and services to the particular use required, (8) the ability of the Bidder
to provide future maintenance and service for the use of the subject of the contract,
and (9) any other circumstances which will affect the Bidder's performance of the
contract.
3.3. Each Bidder may be required to show that any Work previously performed by the
Bidder has no claims pending against such Work. No Bid will be accepted from a
Bidder who is engaged on any other Work which would impair its ability to perform or
finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the City
or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
CONTRACT Documents thoroughly, (b) visit the site to familiarize itself with local
conditions that may in any manner affect cost, progress or performance of the Work,
(c) familiarize itself with federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost, progress or performance of the Work,
(d) study and carefully correlate Bidder's observations with the CONTRACT
Documents, and (e) notify City in accordance with Section 00020 of all conflicts, errors
or discrepancies in the Bid and CONTRACT Documents.
4.2. The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without
exception the Bid is premised upon performing and furnishing the Work required by
the CONTRACT Documents and the means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the CONTRACT
Documents, and that the CONTRACT Documents are sufficient in scope and detail
to indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the City in accordance with Section 00020. Interpretation or
clarifications considered necessary in response to the questions will be issued only
by Addenda. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project and submittal of Bids should be
directed to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable
by City.
5.4. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on the Rocky Mountain E-Purchasing System webpage.
6.0 BID BOND
6.1. Each Bid must be accompanied by Bid Bond in an amount no less than five (5) percent
of the Bid. The Bid Bond must be executed by a SURETY meeting the requirements
of the General Conditions for surety bonds. If a SURETY does not issue electronic
Bid Bonds, a scanned copy of the Bid Bond must be submitted electronically through
Rocky Mountain E-Purchasing System at the time of bidding, and the hard copy Bid
Bond must be mailed to the Purchasing Department at PO Box 580, Fort Collins CO
80522 and received by OWNER prior to CONTRACT execution.
6.2. If the successful Bidder fails to execute and deliver the CONTRACT and furnish the
required Payment and Performance Bonds within 15 days of the Notice of Award,
City may annul the Notice of Award and the Bid Bond of that Bidder will be forfeited.
The Bid Bond of other Bidders whom City believes to have reasonable chance
receiving the award may be retained by City until the earlier of the seventh day after
the effective date of the CONTRACT or sixty (60) days after the Bid Opening,
whereupon Bid Bond furnished by the Bidders will be returned. Bid Bonds with Bids
which are not competitive will be returned.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to reach Substantial
Completion and also completed and ready for Final Payment (the CONTRACT Times) are
set forth in the CONTRACT.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in Section 00520.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The CONTRACT, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible substitute
or "or equal" items. Whenever it is indicated on the Drawings or specified in the
Specifications that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to ENGINEER, application for
acceptance will not be considered by ENGINEER until after the "effective date of the
CONTRACT". The procedure for submittal of any application by CONTRACTOR and
consideration by ENGINEER is set forth in the General Conditions which may be further
defined in the Supplementary Conditions.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors proposed for use in the Work. Refer to Section 00430 contained
within the CONTRACT Documents. The Bidder may only use the subcontractors
stated in Section 00430 except in the event that the OWNER requires a change in
accordance with Section 10.2 below. Should the Bidder request a change to the
subcontractor list, OWNER approval shall be required. Proposed
subcontractor/supplier qualifications and references may be requested to be
submitted within three (3) business days after Bid Opening. Subcontractor/supplier
responsibility will be determined in accordance with Section 8-160 of the Code of the
City of Fort Collins.
10.2. If OWNER or ENGINEER after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors. Subcontractors,
suppliers, other persons or organization listed and to whom OWNER or ENGINEER
does not make written objection before the giving of the Notice of Award will be
deemed acceptable to OWNER and ENGINEER subject to revocation of the
acceptance after the effective date of the CONTRACT as provided in the General
Conditions.
11.0 BID FORM.
11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city-
of-fort-collins.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must
be stated in words and numerals; in case of conflict, words will take precedence.
Unit prices shall govern over extensions of sums. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved
in favor of the correct sum. In the event that there are unit price items in a Bid
Schedule and the "extended amount" indicated for a unit price of a Bid item does not
equal the product of the unit price and quantity listed, the unit price shall govern, and
the extended amount will be corrected accordingly. If there is more than one Bid item
in a Bid Schedule, and the total indicated for the schedule does not agree with the
sum of prices of the individual Bid items, the prices listed for the individual items shall
govern and the total for the schedule will be corrected accordingly. The Contractor
will be bound by said corrections.
11.3. Bids by corporations must be executed in the corporate name by the president or a
vice-president (or other appropriate officer accompanied by evidence of authority to
sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be shown
below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, the title must appear under signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an
authorized agent of each participant. The full name of each person or company
interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations,
or otherwise will be acceptable unless each alteration is signed or initialed by the
Bidder; if initialed, OWNER may require the Bidder to identify any alteration so
initialed.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted before the time and date stated in the Bid Documents or any
extension thereof made by addendum, electronically using Rocky Mountain E-
Purchasing System at the time and place indicated in the Invitation to Bid and
accompanied by the documents identified as required in Sections 00300 & 00400.
Bids received after the time and date for receipt of Bids will not be accepted. Bidder
shall assume full responsibility for timely delivery at the location designated for
receipt of Bids.
13.2. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are
invalid and will not receive consideration.
13.3. No Bidder may submit more than one Bid. Multiple Bids under different names will
not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn at any time before the opening of Bids on
RMEPS.
14.2. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids
provided that they are then fully in conformance with these Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid Tally
of the amounts of the Base Bids and alternates will be made available on RMEPS after
the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid before that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate contract
terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to
reject the Bid of any Bidder if OWNER believes that it would not be in the best interest
of the Project to make an award to that Bidder, whether because the Bid is not
responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet
any other pertinent standard or criteria established by OWNER.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and the alternates, unit
prices and other data, as may be requested in the Bid Form or before the Notice of
Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations is submitted as requested by OWNER. OWNER also may consider
the operating costs, maintenance requirements, performance data and guarantees
of major items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted before the Notice of Award.
17.4. OWNER may conduct investigations as OWNER deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of the Bidder's proposed Subcontractors, Suppliers and other persons and
organizations to do the Work in accordance with the CONTRACT Documents to
OWNER's satisfaction within the prescribed time.
17.5. If the CONTRACT is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder of any combination of the base bid with or without selected
alternates and whose evaluation by OWNER indicates to OWNER that the award
will be in the best interest of the OWNER. The basis for award shall be as noted in
Section 00300. Only one contract will be awarded.
17.6. If the CONTRACT is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within [choose one] days after the date of the Bid opening, or a mutually
agreed upon date.
18.0 PERFORMANCE & PAYMENT BONDS
The General Conditions set forth OWNER's requirements as to Performance and Payment
Bonds. When the awarded CONTRACTOR delivers the executed CONTRACT to the
OWNER, it shall be accompanied by the required contract bonds.
19.0 SIGNING OF CONTRACT
When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be
accompanied by the CONTRACT with all other written CONTRACT Documents attached.
Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the CONTRACT
and attached documents to OWNER with the required Bonds. Within ten (10) days
thereafter, OWNER shall deliver the executed CONTRACT to CONTRACTOR.
20.0 TAXES
OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall
not be included in the CONTRACT Price.
21.0 RETAINAGE
Provisions concerning retainage are set forth in the CONTRACT.
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's
compliance with the City's purchasing restrictions. A copy of the resolutions is available
for review in the Purchasing Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that
suppliers and producers of cement or products containing cement to certify that
the cement was not made in cement kilns that burn hazardous waste as a fuel.
23.0 BID RESULTS
Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
24.0 SCHEDULE
The anticipated schedule for this project is as follows:
Item Dates
Bid Issue Date June 17, 2024
MANDATORY Pre-Bid Meeting June 27, 2024 @ 2:00 PM MST
Deadline for questions July 9, 2024 @ 3:00 PM MST
Addendum issued July 10, 2024
Bid Due July 17, 2024 @ 3:00 PM MST
Tentative start date August 19, 2024
Tentative project completion date November 1, 2024
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 10004 DTC ADA Improvements
Place:
Date:
1. In compliance with your Invitation to Bid dated , 20 and subject to
all conditions thereof, the undersigned a (Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of
Colorado hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed on the following Bid
Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of
($ ) in accordance with the Invitation To Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment Bonds is as
follows: .
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through
.
8. The undersigned Bidder hereby acknowledges the documents listed below are required
elements of the bid and must be submitted with the bid. The City may reject any
incomplete bids as non-responsive.
- Bid Form (Section 00300)
- Certified or Cashier’s Check Bid Bond (Item 3 above and Section 00410)
- Acknowledgement of Bid Addenda (Item 7 above)
- Statement of Bidder's Qualifications (Section 00420)
- Schedule of Subcontractors (Section 00430)
- CDOT Form #606, Anti-Collusion Affidavit (Section 00440)
- CDOT Form #1413, Bidders List (Section 00450)
- CDOT Form #1414, Anticipated DBE Participation Plan (Section 00460)
- Buy America Certification (Section 00470)
- Appendix A, 49 CFR Part 20, Certification Regarding Lobbying (Section 00480)
9. The Bidder acknowledges this is a Federally funded project subject to the Federal Terms
and Conditions incorporated herein as part of the Invitation to Bid. There is not a DBE
goal for this project.
10. BID SCHEDULE (Base Bid & Alternates)
Please complete and submit attached document “10004 - DTC ADA Bid Tab.xlsx”
11. PRICES
The foregoing prices shall include but is not limited to all labor, materials, overhead, profit,
insurance, etc., for completion of the Work.
Bidder acknowledges that the OWNER has the right to change items before award or
during Construction at their sole discretion without affecting the CONTRACT or prices of
any item so long as the deletion or change does not exceed twenty-five percent (25%) of
the total CONTRACT Price.
RESPECTFULLY SUBMITTED:
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Email
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
00440 CDOT Form #606, Anti-Collusion Affidavit
00450 CDOT Form #1413, Bidders List
00460 CDOT Form #1414, Anticipated DBE Participation Plan
00470 Buy America Certification
00480 Appendix A, 49 CFR Part 20, Certification Regarding
Lobbying
SECTION 00410
BID BOND
KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned
as PRINCIPAL, and , as SURETY, are hereby held and firmly
bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of
($ ) for the payment of which, well and truly to be made, we hereby
jointly and severally bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the PRINCIPAL has submitted to the
City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into
a Construction CONTRACT for the construction of Fort Collins Project, 10004 DTC ADA
Improvements.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the PRINCIPAL shall execute the CONTRACT attached
hereto (properly completed in accordance with said Bid) and shall furnish a BOND for their
faithful performance of the CONTRACT, and for payment of all persons performing labor
or furnishing materials in connection therewith, and shall in all other respects perform the
CONTRACT created by the acceptance of said Bid, then this obligation shall be void;
otherwise the same shall remain in force and effect, it being expressly understood and
agreed that the liability of the SURETY for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
The SURETY, for value received, hereby stipulates and agrees that the obligations of the
SURETY and its BOND shall be in no way impaired or affected by any extension of the time within
which the OWNER may accept the Bid; and the SURETY does hereby waive notice of any
extension.
SURETY Companies executing bonds must be authorized to transact business in the State of
Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and
seals this day of , 20 , and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
PRINCIPAL SURETY
Name:
Address:
By: By:
Title: Title:
ATTEST:
By:
(SEAL) (SEAL)
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered, and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information if needed.
1. Name of Bidder:
2. When was Bidder’s firm organized:
3. If your firm is a corporation, where is the firm incorporated:
4. How many years has the firm been engaged in the contracting business under the
present firm or trade name?
5. Provide a list of the contracts on hand: (list these, showing the amount of each contract
and the appropriate anticipated dates of completion.)
6. What is the general character of Work performed by your company:
7. Have you or a firm for which you were a principal ever failed to complete any Work
awarded to you?
If so, where and why?
8. Has the firm ever defaulted on a contract?
If so, where and why?
9. Is the firm debarred by any government agency?
If yes, list agency name.
10. Provide the background and experience of the principal members of your organization,
including officers:
11. Credit available: $
12. Bank Reference:
13. Will you, upon request, provide a detailed financial statement for your Company and
furnish any other information that may be required by the OWNER?
14. Is the firm licensed as a General Contractor, if applicable, in the City of Fort Collins?
15. Are any lawsuits pending against you or your firm at this time?
If yes, provide detail
16. REFERENCES
The undersigned Bidder shall provide three (3) completed or under construction project
references of similar scope and price from the past three (3) years. It is the City’s
preference that the reference projects use the same Project Manager as the
CONTRACTOR is proposing for this project. It is a requirement of the Bid that references
are from three (3) separate owners and shall include a brief project description, owner
contact information (name, title, email, and phone number), and total contract value.
Please do not include the City as one of the required reference projects. References may
be checked by the City and Bids that do not include the required and satisfactory
references may be deemed non-responsive. The City reserves the right to request
additional project references at its sole discretion.
Project 1 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone: Email:
Project 2 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone: Email:
Project 3 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone: Email:
17. The undersigned hereby authorizes and requests any person, firm or corporation to furnish
any information requested by the OWNER in verification of the recital comprising this
Statement of Bidder's Qualifications.
By signing below, the Contractor agrees that the answers to the foregoing questions and
all statements therein contained are true and correct.
Company:
By: Printed:
Title:
State of ____________________
County of ____________________
Signed before me on _______________________, 20____
by __________________________________ (name(s) of individual(s) making statement).
____________________________________ [SEAL]
(Notary’s official signature)
____________________________________
(Title of office)
____________________________________
(Commission Expiration)
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
10% of the contract.
ITEM SUBCONTRACTOR
SECTION 00440
SECTION 00450
SECTION 00460
SECTION 00470
BUY 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.
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 ________________________________________________________________________
SECTION 00480
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification
and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [Date]
TO: [Contractor]
PROJECT: 10004 DTC ADA Improvements
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Contractor's Bid Date] for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 10004 DTC ADA Improvements.
The Price of your Agreement is ($ ).
Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany
this Notice of Award. Three (3) sets of the 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 [Date].
1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement
including all the Contract Documents. Each of the Contract Documents must bear your
signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you one (1)
fully-signed counterpart of the Agreement with the Contract Documents attached.
City of Fort Collins
OWNER
By:
Gerry Paul
Purchasing Director
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
[Contractor] (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may
be the whole or only a part is defined as the construction of the 10004 DTC ADA
Improvements.
ARTICLE 2. ENGINEER
The Project has been designed by Wilson & Company Inc., who is hereinafter
called ENGINEER and who will assume all duties and responsibilities and will
have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract
Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete by October 18, 2024, as
provided in the General Conditions and completed and ready for Final
Payment and Acceptance in accordance with the General Conditions by
November 1, 2024.
3.2. 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 3.1.
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 preceding 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 amounts set
forth hereafter.
1) Substantial Completion:
Five Hundred Dollars and Zero Cents ($500.00) for each calendar day
or fraction thereof that expires after October 18, 2024 for Substantial
Completion of the Work until the Work is Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Five Hundred Dollars and Zero Cents
($500.00) for each calendar day or fraction thereof that expires after
November 1, 2024 for Final Payment and Acceptance until the Work is
ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
($ ), in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 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
00520 Page 3 for payment.
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.
ARTICLE 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.
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.
ARTICLE 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
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
Exhibit A – Drawing Set Dated May 6, 2024, Sheets 1 thru 8
Exhibit B - Project Phasing Plan
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. 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.
7.6. 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.
ARTICLE 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.
OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR]
By:
PRINTED
By:
GERRY PAUL Title:
PURCHASING DIRECTOR
Date: Date:
Attest: (CORPORATE SEAL)
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522 Attest:
Approved as to Form Address for giving notices:
Assistant City Attorney
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 10004 DTC ADA Improvements
To: [Contractor]
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
That the OWNER has approved the said 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 Agreement.
Dated this day of , 20 .
The dates for Substantial Completion and Final Acceptance shall be , 20_ and
, 20__, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR: [Contractor]
By:
Title:
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)
00660 Consent of Surety
00670 Application for Exemption Certificate
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] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins Project, 10004 DTC ADA Improvements.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said 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 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 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 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.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of _____ ____, 20__.
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.
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 the 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] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins Project, 10004 DTC ADA Improvements.
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 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 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 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.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of , 20__.
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.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance
with the following requirements:
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)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 10004 DTC ADA
Improvements
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: [Contractor]
CONTRACT DATE: [Date]
The Work performed under this contract 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 declared 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.
ENGINEER 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.
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, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by [Contractor] for the City of Fort
Collins project, 10004 DTC ADA Improvements.
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents which are dated
[Contract Date].
In conformance with the Contract Documents for this project, your obligations and guarantees
will continue for the specified time from the following date:____________ _, 20__.
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: [Contractor] (CONTRACTOR)
PROJECT: 10004 DTC ADA Improvements
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 and
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 , 20__.
CONTRACTOR: [CONTRACTOR]
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__,
by .
Witness my hand and official seal.
Notary Public
My Commission Expires:
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: [Contractor]
PROJECT: 10004 DTC ADA Improvements
CONTRACT DATE: [Date]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for .
(Surety)
on bond of
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 , 20____ .
(Surety Company)
By:
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
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) and other provisions of the Contract Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
N/A
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
B. 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:
N/A
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 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.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits (CSL).
SC-8.10 OWNER’s Project Manager
A. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a Project Manager. The CONTRACTOR
shall direct all questions concerning Contract interpretation,
Change Orders, and other requests for clarification or instruction to
the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The Project
Manager shall have the authority set forth in the OWNER's Capital
Project Procedures Manual. The Project Manager shall have the
authority to reject work and materials whenever such rejection may
be necessary to ensure the proper performance of the Work in
accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and quality
of the Work and to determine, in general, if the Work is proceeding
in accordance with the Contract Documents. The Project Manager
shall not be required to make comprehensive or continuous
inspections to check the progress or quality of the Work. The
Project Manager shall not be responsible for construction means,
methods, techniques, sequences, or procedures, or for safety
precautions or programs in connection with the Work, or for any
failure of the Contractor to comply with laws and regulation
applicable to the performance or furnishing of the Work. Visits and
observations made by the Project Manager shall not relieve the
CONTRACTOR of his obligation to conduct comprehensive
inspections of the Work, to furnish materials and perform
acceptable Work, and to provide adequate safety precautions in
conformance with the Contract Documents. The Project Manager
shall at all times have access to the Work. The CONTRACTOR
shall provide facilities for such access so the Project Manager may
perform his or her functions under the Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation of
the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or have control or
authority over, nor be responsible for, CONTRACTOR's means,
methods, techniques, sequences or procedures of construction or
the safety precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work. The RCI
will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents. The
RCI's dealings in matters pertaining to the on-site work will be to
keep the Project Manager properly apprised about such matters.
8.10.4 Communications: All instructions, approvals, and decisions of the
Project Manager shall be in writing. The CONTRACTOR may not
rely on instructions, approvals, or decisions of the Project Manager
until the same are reduced to writing.
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero (0) days lost due to abnormal
weather conditions.
SC-13.12 Correction Period:
A. Remove paragraph 13.12.1 and replace with:
If within one year after the date of Substantial Completion or such longer
period of time as may be prescribed by Laws or Regulations or by the terms
of any applicable special guarantee required by the Contract Documents or
by any specific provision of the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost to OWNER and in
accordance with OWNER’s written instructions: (i) correct such defective
Work, or if it has been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii) satisfactorily correct or
remove and replace any damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply with the terms of
such instructions, or in an emergency where delay would cause serious risk
of loss or damage, OWNER may have the defective Work corrected or
rejected Work removed and replaced, and all claims, costs, losses and
damages caused by or resulting from such removal and replacement
(including but not limited to all costs of repairs or replacement of work of
others) will be paid by CONTRACTOR.
SC-DB Davis Bacon Wage Rates
A. The terms and conditions set forth in the following pages are hereby
incorporated as part of this Agreement.
SC-FED Federal Terms & Conditions
A. The terms and conditions set forth in the following pages are hereby
incorporated as part of this Agreement.
DAVIS BACON WAGE RATES
"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
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: | $12.90 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2024. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
ENGI0009-012 05/01/2023
Rates Fringes
POWER EQUIPMENT OPERATOR:
(3)- Drill Rig Caisson
(smaller than Watson 2500
and similar)................$ 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
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
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
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
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
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
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
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
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:
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"
FEDERAL TERMS & CONDITIONS
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
TABLE OF CONTENTS
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 73
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE 73
3. FEDERAL CHANGES 73
4. CIVIL RIGHTS (EEO, TITLE VI & ADA) 74
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 77
6. ENERGY CONSERVATION REQUIREMENTS 77
7. VETERANS EMPLOYEMENT 78
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (2 CFR §200.216) 78
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200) 78
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 79
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD,
WASTE, ABUSE OR OTHER LEGAL MATTERS 80
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) 80
13. BUILD AMERICA, BUY AMERICA REQUIREMENTS 81
14. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT 81
15. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH – (APPENDIX II TO PART
200) NOT APPLICABLE 81
16. CARGO PREFERENCE REQUIREMENTS NOT APPLICABLE 82
17. FLY AMERICA REQUIREMENTS NOT APPLICABLE 83
18. DAVIS-BACON ACT (APPENDIX II TO PART 200) 83
19. COPELAND ANTI-KICKBACK ACTS (APPENDIX II TO PART 200) 83
20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO PART 200) 83
21. BONDING REQUIREMENTS (2 CRF 200.326) 85
22. EQUAL EMPLOYMENT OPPORTUNITY (APPENDIX II TO PART 200) 85
23. SEISMIC SAFETY REQUIREMENTS NOT APPLICABLE 88
24. SPECIAL DOL CLAUSE 88
25. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT) NOT APPLICABLE 88
26. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS NOT APPLICABLE 89
27. CHARTER SERVICES NOT APPLICABLE 89
28. SCHOOL BUS OPERATIONS NOT APPLICABLE 90
29. DRUG AND ALCOHOL TESTING NOT APPLICABLE 90
30. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT NOT APPLICABLE 91
31. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT 91
32. PROMPT PAYMENT AND RETURN OF RETAINAGE 92
33. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) 92
34. ADA ACCESS 93
35. ASSIGNABILITY 93
36. CITY OF FORT COLLINS BID PROTEST PROCEDURES 93
37. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 93
38. INCREASING SEAT BELT USE IN THE UNITED STATES 94
39. REDUCING TEXT MESSAGING WHILE DRIVING 94
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.
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, 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 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 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.
(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 employment
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).
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 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 local law enforcement or other investigative
agency, a criminal indictment or civil complaint, or probable cause that could support a
criminal indictment, or any other credible information in the possession of the Recipient. In
this paragraph, “promptly” means to refer information without delay and without change. This
notification provision applies to all divisions of the Recipient, including divisions tasked with
law enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share
of any proceeds recovered from any third party, based on the percentage of the federal share for
the Underlying Agreement. Notwithstanding the preceding sentence, the Recipient may return all
liquidated damages it receives to its Award Budget for its Underlying Agreement rather than
return the federal share of those liquidated damages to the Federal Government, provided that
the Recipient receives FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under any third
party agreement or any federal, state, or local law or regulation.
12. BYRD ANTI-LOBBYING amendment (31 u.s.c. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it
has certified that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
If contract exceeds $100,000 the contractor is required to sign the attached certification.
13. BUILD AMERICA, BUY AMERICA REQUIREMENTS
Applies to contracts exceeding $150,000 (When tangible property of construction is
acquired.)
Build America – 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).
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.
14. CLEAN AIR and Federal Water Pollution Control Act
Applies to all contracts exceeding $150,000.
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
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.
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 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 the 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:
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:
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 assurance of future
compliance has been received from such applicant; and refer the case to the
Department of Justice for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall
include the equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal
opportunity clause may be included by reference in all Government Contracts
and subcontracts, including Government bills of lading, transportation
requests, Contracts for deposit of Government funds, and Contracts for
issuing and paying U.S. savings bonds and notes, and such other Contracts
and subcontracts as the Director of OFCCP may designate.
(e) Incorporation by operation of the order. By operation of the order, the equal
opportunity clause shall be considered to be a part of every Contract and
subContract required by the order and the regulations in this part to include
such a clause whether or not it is physically incorporated in such Contracts
and whether or not the Contract between the agency and the Contractor is
written.
(f) Adaptation of language. Such necessary changes in language may be made
in the equal opportunity clause as shall be appropriate to identify properly the
parties and their undertakings.
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.§ 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. CHARTER SERVICES
Applies to all contract for Operational Services except micro-purchases.
Charter Service Operations - The contractor agrees that neither it nor any Third-
Party Participant involved in the contract will engage in charter service, except as
permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r),
FTA regulations, “Charter Service,” 49 CFR Part 604, any other federal Charter
Service regulations, federal requirements, or federal guidance from the provision of
mass transportation.
28. SCHOOL BUS operations
Applies to all contract for Operational Services except micro-purchases.
School Bus Operations - Recipient agrees that neither it nor any Third Party
Participant that is participating in its Award will engage in school bus operations
exclusively for the transportation of students or school personnel in competition with
private school bus operators, except as permitted by federal transit laws, 49 U.S.C.
§ 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR Part 605, and
any other applicable federal “School Bus Operations” laws, regulations,
requirements, or applicable federal guidance.
29. DRUG AND ALCOHOL TESTING
Applies to all Operational Services contracts except micro-purchases.
Drug and Alcohol Testing
The contractor agrees to (select one option):
Option 1
Participate in the City’s drug and alcohol program established in compliance with 49 CFR
653 and 654.
Option 2
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.
Option 3
The contractor agrees to establish and implement a drug and alcohol testing
program that complies with 49 CFR Parts 653 and 654, produce any documentation
necessary to establish its compliance with Parts 653 and 654, and permit any
authorized representative of the United States Department of Transportation or its
operating administrations, the State Oversight Agency of (name of State), or the
(insert name of grantee), to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program as required under 49 CFR
Parts 653 and 654 and review the testing process. The contractor agrees further to
certify annually its compliance with Parts 653 and 654 before (insert date) and to
submit the Management Information System (MIS) reports before (insert date before
March 15) to (insert title and address of person responsible for receiving
information). To certify compliance the contractor shall use the "Substance Abuse
Certifications" in the "Annual List of Certifications and Assurances for Federal Transit
Administration Grants and Cooperative Agreements," which is published annually in
the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit
before (insert date or upon request) a copy of the Policy Statement developed to
implement its drug and alcohol testing program; OR (b) adopt (insert title of the
Policy Statement the recipient wishes the contractor to use) as its policy statement
as required under 49 CFR 653 and 654; OR (c) submit for review and approval
before (insert date or upon request) a copy of its Policy Statement developed to
implement its drug and alcohol testing program. In addition, the contractor agrees
to: (to be determined by the recipient, but may address areas such as: the selection
of the certified laboratory, substance abuse professional, or Medical Review Officer,
or the use of a consortium).
30. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
Appendix II to Part 200
Applies to “funding agreement” under 37 CFR Part §401.2(a)
Rights to Inventions Made Under a Contract or Contract. For Contracts entered
into by the Contractor or the City with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the parties must
comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Contracts,” and any implementing regulations issued by
the awarding agency.
31. 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 agency’s
overall goal for DBE participation is 2.29%. A contract goal of 0 % 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. The successful bidder/offeror will be required to report its DBE participation
obtained through race-neutral means throughout the period of performance.
32. 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 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. See Contract Section 00965 Prompt Payment Certification form which
must be completed with each pay application.
33. 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
34. 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
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
00965 Prompt Payment Certification
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: 10004 DTC ADA Improvements
CONTRACTOR: [Contractor]
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(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 over $60,000
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: $
Total Completed and Stored to Date: $
Less Previous Applications: $
Amount Due this Application - Before Retainage $
Less Retainage $
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $
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.
OR
The undersigned CONTRACTOR certifies that to the best of its knowledge, information and belief the Work covered by this Application for Payment has been completed in
accordance with the CONTRACT Documents, that all accounts have been paid for Work for which previous Applications for Payment were issued and payments received,
and this current payment requested herein is now due.
The above Amount Due this Application is requested by the CONTRACTOR.
Date: By:
In accordance with the CONTRACT Documents, based on site observations and the data comprising the above Application, the ENGINEER certifies to the OWNER that the
Work has progressed to the point indicated; that to the best of its knowledge, information and belief, the quality of the Work is generally in accordance with the CONTRACT
Documents, and that the CONTRACTOR is entitled to payment of the amount requested herein subject to any set-offs set forth on the attached exhibit.
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
TOTALS $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
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
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00
SECTION 00965
PROMPT PAYMENT CERTIFICATION
Contractor will place a check in the appropriate box below that applies to this payment request.
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: ____________________________
PROJECT: _10004 DTC ADA Improvements ___________________________
CONTRACT DATE: _________________
This certification is submitted in conjunction with Pay Application or Invoice # ____________.
In accordance with the requirements of 49 CFR §26.29, the Contractor hereby states the following
with regard to payments made under Contract No. ________ (the “Contract”)
1. ______ Subcontractors, at the first tier, both DBE and non-DBE, who satisfactorily completed work and were
listed for payment on the prior Payment Application No. _________ dated _____, were paid no later than 30 days
after the Contractor’s receipt of payment for that work from the City.
2. _______ All retainage amounts withheld from any subcontractor who satisfactorily completed its portion of the
Contract work, including punch list items, were paid to the subcontractor(s) no later than 30 days after it
satisfactorily completed its work, whether or not the City has paid said amounts to Contractor.
3. ________ There was no delay in or postponement of any payment owed to a subcontractor, whether period
payment or retainage amount, except for good cause and after receipt of prior written approval from the City.
The Contractor shall retain all subcontractor payment records for a minimum period of three (3) years
from the date of Substantial Completion under the Contract. The City shall have the right, with
reasonable notice to audit such payment records.
Signed this ______ day of ____________, 20______.
By: ____________________________
Title: ___________________________