HomeMy WebLinkAboutRFP - 10011 Active Vehicle Intrusion Barricade SystemRFP 10011 Active Vehicle Intrusion Barricade System
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REQUEST FOR PROPOSAL
10011 ACTIVE VEHICLE INTRUSION BARRICADE SYSTEM
RFP DUE: 3:00 PM MT (Mountain Time), August 29, 2024
The City of Fort Collins is requesting proposals from qualified Service Providers to provide
portable active vehicle intrusion barricade system (AVB) to be used for special events and other
types of street closures.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Ed Bonnette, CPM, CPPB, Senior
Buyer at ebonnette@fcgov.com, with a copy to Jim Byrne, Project Manager, at
JByrne@fcgov.com , no later than 3:00 PM MT on August 15, 2024. Please format your e-
mail to include: RFP 10011 ACTIVE VEHICLE INTRUSION BARRICADE SYSTEM in the subject
line. Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
15505 Barriers and Enclosures, Construction
25700 DEFENSE SYSTEM AND HOMELAND SECURITY EQUIPMENT, WEAPONS
AND ACCESSORIES
25740 Homeland Security Equipment and Accessories (Not Otherwise Classified)
55042 Safety Barriers, Traffic, Mobile: Energy Absorption Systems, Impact Attenuators
(Crash Barriers), etc.
55078 Traffic Cones, Lane Markers, and Barricades (Portable)
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10011 Active Vehicle Intrusion Barricade System
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harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Service Providers may redact text and/or data that it deems confidential or
proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure
under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version
of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim
of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of
the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Service Provider hereby waives any and all claims for damages against the City for
the City’s good faith compliance with CORA. All provisions and pricing of any contract
resulting from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
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Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Provider shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Service Providers to
provide portable active vehicle intrusion barricade system (AVB) to be used for special
events and other types of street closures..
B. Background
Fort Collins is a vibrant community of approximately 175,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles
in size and is the northern extension of the “Colorado Front Range” urban corridor. The
City’s population includes over 24,000 college students.
The City of Fort Collins has a vibrant special event culture and community identity that
supports outdoor events, large and small. Often these events require the closure of
streets meant for vehicle traffic. They types of events can range from competitive sports,
such as 5K’s and fitness festivals, for outdoor concerts and smaller street closures for art
exhibitions. Attendee and crowd numbers can range from a few hundred to fifteen
thousand or more depending on the event. These events are strongly supported by the
community and can add to the energy and uniqueness that is Fort Collins.
Safety measures related to crowd and participant protection have long been an
expectation placed by the City Office of Special Events (EPS) on event promoters when
seeking permits. There is a recognition of the tension between ensuring that conditions
are as safe as possible, while also making sure the event maximizes both customer
experience and bottom line for promoters.
Vehicle intrusion devices have become an industry standard and expectation for design
and implementation of outdoor events where vehicles and pedestrians have the potential
to interact. In the City of Fort Collins solutions in this space have evolved from simple
traffic barricades, like cones and street closure signs, to more enhanced solutions such
as concrete barricades, water barricades, and strategic vehicle placements. Though
these solutions all meet some baseline standards, they also come with unique
challenges such as placement, cost and upkeep, vendor/contractor support and
availability, and issues around sustainability, and aesthetics.
During permitting, EPS has struggled at times to support event producers in trying to
determine solutions for permitting standards, while recognizing costs and struggles with
contract vendors that provide such services. The City itself is also starting to produce
and promote its own events and City departments are struggling with the same issues
because they are also held to the same permitting standards.
For several years the discussion has come back to a recommendation that the City
purchase viable solutions that are mobile, relatively easy to set up, and have the
potential to be made available to promoters and producers for events at sustainable
rates, while also providing City departments access for events.
There is support across responsible City departments, including at the executive level, to
pursue such a solution and identify potential funding sources. This RFP supports that
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effort with the hope that such a solution is identified and purchased within fiscal calendar
year 2024.
II. SCOPE OF PROPOSAL
A. Scope of Work
This request for proposal is to supply an active vehicle intrusion system that can show
significant ability to mitigate the threat of vehicle intrusion into pedestrian areas. The
selected Service Provider must show their system is portable & transportable, and does
not require specialized expertise or tools for setup. The system or device must be able to
be managed by City staff and not require vendor support for implementation. This RFP is
for purchase of such a device; lease or rental agreements will not be considered.
B. Minimum Requirements
1. Active Vehicle Barrier System (AVB) must be designed to deter and stop vehicles
from entering into designated areas within reasonable distances dependent on
speed, vehicle weight, terrain, and proper application of device/system.
2. AVB must be portable. This RFP is not for a permanent, fixed AVB.
3. AVB will be evaluated for ease of set-up and tear down. The selected system must
be able to be managed by trained City staff, with minimal oversight.
4. AVB should be modular, able to be configured for a variety of uses such as streets,
alleys, sidewalks, and managed access/egress. Versatility will weigh significantly.
5. Selected AVB will be evaluated for sustainability in regards to manufacturing,
longevity, and ability to be re-used post impact.
6. Consideration will be given to not only durability, but how minimal maintenance and
potential repairs will be.
7. Aesthetic considerations will not be a primary factor, but will be a consideration.
8. Vendor support after the purchase will also be considered. The preferred AVB will
not require a service or support contract to ensure effectiveness. That said, it is
expected that the vendor will support with initial training and support for a reasonable
period after the purchase.
9. Certifications: ASTM” F2656 and/or PAS 68 Safety Act Certification
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C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: August 8, 2024
• Question deadline: 3:00 PM MT on August 15, 2024
• Final Addendum Issued: August 20, 2024
• Proposal due date: 3:00 PM MT on August 29, 2024
• Interviews (tentative): Week of September 9, 2024
• Award of Contract (tentative): Week of September 16, 2024
• Completion of project: December 31, 2024
D. Budget
The budget for this project is not to exceed a maximum of $200,000.
E. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral
presentation/demonstration to provide an overview of the company, approach to the
project and to address questions. The evaluation criteria for the oral
interviews/demonstration will be the same as the criteria for the written evaluations and is
included in Section IV.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the optional interview phase of the assessment process. The City will receive and score
written proposals. However, instead of traditional in-person interviews for the optional
interview session, the City may opt to use alternate methods including, but not limited to
remote interviews through a platform such as Microsoft Teams or Zoom.
F. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
G. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
H. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
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I. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
J. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager.
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the Agreement, the Service Provider and the City will
negotiate an appropriate unit price for the service prior to the Service Provider initiating
such work.
The City pays invoices on Net 30 terms.
K. COVID-19 Compliance
The Service Provider and its subcontractors/consultants shall comply with all state,
county, and local laws, ordinances, and public health orders established to reduce the
spread of COVID-19, as applicable. The Service Provider shall ensure employees and
subcontractors/subconsultants with COVID-19 symptoms do not report to the job
site. Service Provider must organize work to ensure individuals minimize contact and
maximize social distancing. Individuals must wear all standard worksite personal
protective equipment (PPE). In addition, individuals should wear a mask or cloth face
covering consistent with local public health recommendations and other applicable safety
requirements.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty-five (25) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
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A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider/Professional Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks. Describe in detail how your
proposed system solution will meet all the Minimum Requirements stated in
section II.B.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
6. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
7. Are other qualified personnel available to assist in meeting the project schedule if
required?
8. Is the project team available to attend meetings as required by the Scope of Work?
9. Provide an outline of the schedule for completing tasks.
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D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. The résumés shall include at least three individual references from
previous assignments.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Service Provider
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
5. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
E. Sustainability
Provide details on sustainability in regards to manufacturing, longevity, and ability to
be re-used post impact.
F. Cost
In your response to this proposal, please provide the following:
1. Full purchase price, including delivery F.O.B. Fort Collins, Colorado.
2. Estimated time to set up and tear down.
3. Warranty information.
4. Training required for set up & tear down.
5. Include any applicable recurring annual costs for support & maintenance for 5 years.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
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H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
I. The Byrd Anti-Lobbying Certification and the Buy America Certification (Section
VI) must be signed, dated and returned as part of your Proposal.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Service Providers may be
conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
3.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Can the work be completed in
the necessary time? Can the target start and
completion dates be met? Are other qualified
personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
3.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Sustainability
Did Service Provider provide details on
sustainability in regards to manufacturing,
longevity, and ability to be re-used post impact?
3.0 Cost
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
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V. ACKNOWLEDGEMENT
Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP 10011 Active Vehicle Intrusion Barricade System
and sample Agreement except as otherwise noted. Additionally, Service Provider hereby
makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Service Provider hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
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Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) CERTIFICATION
The Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying
Amendment. The Contractor attests that it has certified that it will not and has not used Federal
appropriated funds to pay any person or organization for 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. The Contractor further attests that it has
disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide
Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
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BUY AMERICA CERTIFICATION
Procurement of Steel, Iron, or Manufactured Products
Applies to contracts exceeding $150,000
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, and any later
amendments, 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. A bidder or offeror must submit to the FTA recipient, the City of Fort
Collins, 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 will be rejected as nonresponsive.
1) Certification required for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j),
as amended, and FTA regulations, “Buy America Requirements”, 49 C.F.R. Part 661, to the
extent consistent with 49 U.S.C 5323(j).
Date: ___________________________________________
Signature: _______________________________________
Company: _______________________________________
Name: __________________________________________
Title: ___________________________________________
2) Certificate of Non-Compliance with 49 U.S.C. 5323(j).
Certificate of Non-Compliance with 49 U.S.C. 5323(j)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j), as amended, and FTA regulations, “Buy America Requirements”, 49 C.F.R. Part 661,
to the extent consistent with 49 U.S.C 5323(j).
Date: ___________________________________________
Signature: _______________________________________
Company: _______________________________________
Name: __________________________________________
Title: ___________________________________________
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VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year
set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS,
COLORADO, a Colorado Municipal Corporation, (CITY) and , a(n) [enter state] [business
type], (SERVICE PROVIDER).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The SERVICE PROVIDER agrees to provide Services in accordance
with the Scope of Services (Services) attached hereto as Exhibit A, consisting of [# of Pages]
and incorporated herein. Irrespective of references to named third parties in this
AGREEMENT and its Exhibits, the SERVICE PROVIDER shall be solely responsible for
performance of all duties hereunder.
2. Project Schedule. The Services to be performed pursuant to this AGREEMENT shall be
performed in accordance with the Project Schedule attached hereto as Exhibit [choose one],
consisting of [# of Pages], and incorporated herein.
3. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective
Date) and shall continue in full force and effect until , 20 , unless sooner
terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT may
be extended for additional one-year periods not to exceed [choose one] additional one-year
period(s). Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. [Any price changes shall not exceed percent (%)
per annual renewal]. Written notice of renewal shall be provided to the SERVICE
PROVIDER no later than thirty (30) days prior to AGREEMENT end.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at least
ten (10) calendar days written notice of termination to the SERVICE PROVIDER.
In the event of early termination by the CITY, the SERVICE PROVIDER shall be paid for
Services rendered to the date of termination, subject only to the satisfactory performance of
the SERVICE PROVIDER's obligations under this AGREEMENT. SERVICE PROVIDER
shall submit a final invoice within ten (10) calendar days of the effective date of termination.
Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination.
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6. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
SERVICE PROVIDER: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER [on a time and
reimbursable direct cost basis] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the
amount of ???? ($????) plus reimbursable direct costs, wherein all such fees and costs
shall not exceed ???? ($????)] in accordance with Exhibit [choose one], consisting of [# of
Pages], attached and incorporated herein. Monthly partial payments based upon the
SERVICE PROVIDER's billings and itemized statements are permissible. The amounts of
all such partial payments shall be based upon the SERVICE PROVIDER's CITY-verified
progress in completing the Services to be performed pursuant hereto and upon the CITY's
approval of the SERVICE PROVIDER's actual reimbursable expenses. Final payment shall
be made following acceptance by the CITY of the Services.
Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project Manager.
The cost of the Services completed shall be paid to the SERVICE PROVIDER following the
submittal of a correct itemized invoice by the SERVICE PROVIDER. The CITY is exempt
from sales and use tax. The CITY’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal
to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The SERVICE PROVIDER warrants and shall be
responsible for the professional quality, technical accuracy, accessibility requirements under
ADA and Public Accommodations and Technology Accessibility sections below, timely
completion and the coordination of all Services rendered by the SERVICE PROVIDER, and
the Project Instruments as defined in the Project Instruments and License section below.
The SERVICE PROVIDER shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies from such standards.
9. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the
CITY and its officers and employees, to the maximum extent permitted under Colorado law,
against and from any and all actions, suits, claims, demands, or liability of any character
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whatsoever claimed by the SERVICE PROVIDER or third parties against the CITY arising
out of or related to this AGREEMENT (including but not limited to contract, tort, intellectual
property, accessibility, or otherwise). This obligation extends to reimbursement of the
CITY's defense costs and reasonable attorney’s fees.
10. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit
[choose one] consisting of [# of Pages], attached and incorporated herein.
11. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation
by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City
Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall
have no obligation to continue this AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the SERVICE PROVIDER grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-
builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and other deliverables (Project Instruments), in any
form whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the CITY substantially
performs its obligations under the AGREEMENT. The license granted hereunder
permits the CITY and third parties reasonably authorized by the CITY to reproduce
applicable portions of the Project Instruments for use in performing the Services or
construction for the project. In addition, the license granted hereunder shall permit the
CITY and third parties reasonably authorized by the CITY to reproduce and use the
Project Instruments for similar projects, provided however, in such event the SERVICE
PROVIDER shall not be held responsible for the design to the extent the CITY deviates
from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment of each invoice, associated Project Instruments rendered by the
SERVICE PROVIDER shall become the CITY’s property. The SERVICE PROVIDER
shall provide the CITY with the Project Instruments in electronic format in a mutually
agreed upon file type.
13. CITY Project Manager. The CITY will designate, before commencement of the Services, the
CITY Project Manager who will make, within the scope of their authority, all necessary and
proper decisions with reference to the Services provided under this AGREEMENT. All
requests for contract interpretations, change order, and other clarification or instruction shall
be directed to the CITY Project Manager.
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The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be reached
at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the
CITY.
14. Project Status Report. Project status reports may be required by Exhibit A – Scope of
Services and shall be submitted to the CITY Project Manager. Failure to provide any
required status report may result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the SERVICE PROVIDER are
those of an independent contractor and not of an employee of the CITY. The CITY shall not
be responsible for withholding or remitting any portion of SERVICE PROVIDER's
compensation hereunder or any other amounts on behalf of SERVICE PROVIDER for the
payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or
benefits or for any other purpose.
16. Personal Services. It is understood that the CITY enters into the AGREEMENT based on
the special abilities of the SERVICE PROVIDER and that this AGREEMENT shall be
considered as an AGREEMENT for personal services. Accordingly, the SERVICE
PROVIDER shall neither assign any responsibilities nor delegate any duties arising under
the AGREEMENT without the prior written consent of the CITY.
17. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the
Services without the prior written consent of the CITY, which shall not be unreasonably
withheld. If any of the Services are subcontracted hereunder (with the consent of the CITY),
then the following provisions shall apply:
a. the subcontractor must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work;
b. the subcontractor will be required to comply with all applicable terms of this
AGREEMENT;
c. the subcontract will not create any contractual relationship between any such
subcontractor and the CITY, nor will it obligate the CITY to pay or see to the payment of
any subcontractor; and
d. the work of the subcontractor will be subject to inspection by the CITY to the same extent
as the work of the SERVICE PROVIDER.
The SERVICE PROVIDER shall require all subcontractor/subconsultants performing
Service(s) hereunder to maintain insurance coverage naming the CITY as an additional
insured under this AGREEMENT in accordance with Exhibit [choose one]. The SERVICE
PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate
evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide
the CITY with a copy of the certificate(s) within two (2) business days.
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The SERVICE PROVIDER shall be responsible for any liability directly or indirectly arising
out of the Services performed under this AGREEMENT by a subcontractor/subconsultant,
which liability is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the SERVICE PROVIDER of responsibility for the quality or
technical accuracy of the Services. The CITY’S approval or acceptance of, or payment for
any of the Services shall not be construed to operate as a waiver of any rights or benefits
provided to the CITY under this AGREEMENT.
19. Warranty.
a. SERVICE PROVIDER warrants that all Services performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted
standards for Services of a similar nature.
b. Unless otherwise provided in the AGREEMENT, all materials and equipment
incorporated into any Services shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all Services must be
of a quality acceptable to CITY.
c. SERVICE PROVIDER warrants all equipment, materials, labor and other Services,
provided under this AGREEMENT, except CITY-furnished materials, equipment and
labor, against defects and nonconformances in design, materials and Service quality for
the original manufacturer’s warranty term or a period beginning with the start of the
Services and ending twelve (12) months from and after final acceptance under the
AGREEMENT, whichever is time is longer, regardless of whether the same were
furnished or performed by SERVICE PROVIDER or by any of its subcontractors of any
tier. Upon receipt of written notice from the CITY of any such defect or
nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by SERVICE PROVIDER in a manner and at a time acceptable to CITY.
20. Default. Each and every term and condition hereof shall be deemed to be a material element
of this AGREEMENT. In the event either party should fail or refuse to perform according to
the terms of this AGREEMENT, that party may be declared in default upon notice.
21. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the AGREEMENT and seek damages;
b. treat the AGREEMENT as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
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In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
22. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT
of the parties regarding this transaction and the matter recited herein. This AGREEMENT
supersedes any prior agreements, promises, or understandings as to the matter recited
herein. The AGREEMENT shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties. Covenants or representations not
contained in this AGREEMENT shall not be binding on the parties. In the event of a conflict
between terms of the AGREEMENT and any exhibit or attachment, the terms of the
AGREEMENT shall prevail. Each person executing this AGREEMENT affirms that they
have the necessary authority to sign on behalf of their respective party and to bind such
party to the terms of this AGREEMENT.
23. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution, and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY subsequently agrees in writing that the matter may be heard in federal court, venue
will be in U.S. District Court for the District of Colorado. In the event any provision of this
AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction,
that holding shall not invalidate or render unenforceable any other provision of this
AGREEMENT.
24. Use by Other Agencies. The CITY reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the CITY’s award determination to the SERVICE PROVIDER. Use by any other
Agency shall not have a negative impact on the CITY in the current term or in any future
terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an
agent for the CITY in connection with the exercise of any rights hereunder, and neither party
shall have any right or authority to assume or create any obligation or responsibility on behalf
of the other. The other Agency shall be solely responsible for any debts, liabilities, damages,
claims or expenses incurred in connection with any agreement established between them
and the SERVICE PROVIDER. The CITY’s concurrence hereunder is subject to the
SERVICE PROVIDER’s commitment that this authorization shall not have a negative impact
on the Services to be completed for the CITY.
Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER 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); C.R.S. § 24-34-401, 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,
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creed, national origin, ancestry, age 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 he or she has been discriminated against in
violation of the above policy or participating in an employment discrimination proceeding.
The SERVICE PROVIDER shall comply with the CITY’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
25. ADA and Public Accommodations. In performing the Services required hereunder, the
SERVICE PROVIDER agrees to meet all requirements of the Americans with Disabilities
Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
SERVICE PROVIDER or which would be imposed on the CITY as a public entity.
26. Technology Accessibility. The SERVICE PROVIDER represents that the Project
Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. §
24-85-101, and the Accessibility Standards for Individuals with a Disability, as established
by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to
C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as
provided by the OIT. The SERVICE PROVIDER shall also comply with all State of Colorado
technology standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the
State of Colorado technology standards.
To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER
may be required to demonstrate compliance. The SERVICE PROVIDER shall indemnify,
save, and hold harmless the CITY against any and all costs, expenses, claims, damages,
liability, court awards and other amounts (including attorneys’ fees and related costs)
incurred by the CITY in relation to the SERVICE PROVIDER’s failure to comply with C.R.S.
§ 24-85-101, or the Accessibility Standards for Individuals with a Disability as established
by OIT pursuant to C.R.S. § 24-85-103 (2.5).
The CITY may require the SERVICE PROVIDER’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the CITY to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
27. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations
and laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act).
SERVICE PROVIDER shall ensure that each person processing any personal data
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connected to the Services is subject to a duty of confidentiality with respect to the data. If
applicable, SERVICE PROVIDER shall require that any subcontractors meet the obligations
of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT.
The Parties agree that upon termination of the Services that SERVICE PROVIDER shall, at
the CITY’s choice, delete or return all personal data to the CITY unless retention of the
personal data is required by law. SERVICE PROVIDER shall make available to the CITY all
information necessary to demonstrate compliance with the obligations of the Privacy Act.
SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and inspections
by the CITY or the CITY’s designated auditor.
28. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed
or interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable
law.
29. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201
(CORA), and documents in the CITY’s possession may be considered public records subject
to disclosure under the CORA.
30. Delay. Time is of the essence. Subject to Force Majeure , if the SERVICE PROVIDER is temporarily
delayed in whole or in part from performing its obligations, then the SERVICE PROVIDER shall provide
written notice to the CITY within two (2) business days defining the nature of the delay. Provision of written
notice under this Section shall not operate as a waiver of any rights or benefits provided to the CITY under this
AGREEMENT.
31. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the SERVICE PROVIDER must provide notice to the CITY of such
condition within ten (10) calendar days from the onset of such condition.
32. Dust Control. The SERVICE PROVIDER shall abide by the City of Fort Collins “Dust Control
and Prevention Manual,” which is available for public download at https://www. fcgov.com/
airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this
reference. The CITY has implemented this manual for all projects performed for the CITY
or located within Fort Collins city limits.
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33. Special Provisions. Special provisions or conditions relating to the Services to be performed
pursuant to this AGREEMENT are set forth in Exhibit [choose one] - Confidentiality,
consisting of four (4) pages, incorporated herein.
34. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT, and
c. The Purchase Order document.
35. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver
of any provision above. Any terms included in any Exhibit or other attachment that requires
the CITY to indemnify or hold SERVICE PROVIDER harmless; requires the CITY to agree
to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with statute,
City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT [CHOOSE ONE]
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
The SERVICE PROVIDER will provide, from insurance companies acceptable to the CITY, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the SERVICE PROVIDER shall furnish the CITY with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the SERVICE PROVIDER, insurance as the CITY may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the SERVICE PROVIDER under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The CITY, its officers, agents and employees shall be named as additional insureds on the
SERVICE PROVIDER's general liability and automobile liability insurance policies by
marking the appropriate box or adding a statement to this effect on the certificate, for any
claims arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The SERVICE PROVIDER shall maintain
Worker’s Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the SERVICE PROVIDER's employees engaged in work performed
under this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall
conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and
$100,000 disease each employee, or as required by Colorado law.
B. General Liability. The SERVICE PROVIDER shall maintain during the life of this
AGREEMENT General 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
General Liability shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The SERVICE PROVIDER shall maintain during the life of this
AGREEMENT Automobile Liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property damage, which
may arise directly or indirectly from the performance of work under this AGREEMENT.
Coverage for property damage shall be on a (broad form) basis. The amount of insurance for
Automobile Liability shall not be less than $1,000,000 combined single limits for bodily injury
and property damage.
D. Errors and Omissions. The SERVICE PROVIDER shall maintain errors and omissions
insurance in the amount of $1,000,000.
E. Cybersecurity. The SERVICE PROVIDER shall maintain cybersecurity insurance in the
amount of $5,000,000.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under
this AGREEMENT, the parties agree to comply with reasonable policies and procedures with
regard to the exchange and handling of confidential information and other sensitive materials
between the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this AGREEMENT and related to the services for which SERVICE
PROVIDER has been engaged shall be considered in the same manner and be subject to the
same treatment as the information disclosed after the execution of this AGREEMENT with
regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY and SERVICE
PROVIDER shall cause each of their directors, officers, employees, agents, representatives,
and subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the Parties.
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SERVICE PROVIDER shall not use such information to obtain any economic or other benefit
for itself, or any third party, other than in the performance of obligations under this
AGREEMENT.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, SERVICE PROVIDER must implement reasonable policies and procedures to
detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red
Flags Rules found at 16 Code of Federal Regulations part 681. Further, SERVICE
PROVIDER must take appropriate steps to mitigate identity theft if it occurs with any of the
CITY’s covered information and must notify the CITY in writing within twenty-four (24) hours
of discovery of any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
SERVICE PROVIDER shall have in place information security safeguards designed to
conform to or exceed industry best practices regarding the protection of the confidentiality,
integrity and availability of Confidential Information and shall have written agreements
requiring any subcontractor to meet those standards. These information security safeguards
(the “Information Security Program”) shall be materially consistent with, or more stringent than,
the safeguards described in this Exhibit.
(a) SERVICE PROVIDER’s information security safeguards shall address the following
elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
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• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall
not release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions
of this AGREEMENT, including the data security measures described in this Exhibit, and
to require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor SERVICE
PROVIDER may use. Accordingly, any release of data, confidential information, or failure
to protect information under this AGREEMENT by a subcontractor or affiliated party shall
be attributed to SERVICE PROVIDER and may be considered to be a material breach of
this AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the SERVICE PROVIDER can ensure security for the Confidential Information
so stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If SERVICE PROVIDER breaches any of the terms of this Exhibit, in
the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and
withdraw SERVICE PROVIDER’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
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12. Injunctive Relief. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing
Party may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent jurisdiction
to enjoin or remedy any violation of this AGREEMENT.
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ATTACHMENT A
AMERICAN RESCUE PLAN ACT (ARPA)
FEDERALLY REQUIRED CONTRACT CLAUSES
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
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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.
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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
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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
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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
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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. 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
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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.
8. 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.
9. 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
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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.
10. 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
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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.
11. 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.
12. BUY AMERICA REQUIREMENTS
Applies to contracts exceeding $150,000 (When tangible property of construction is
acquired.)
Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with
49 U.S.C. 5323(j) apply to this contract.
Uniform Administrative Requirements. Compliance with FTA’s Buy America requirements
shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preference for Procurements”.
Limitations on Certain Rolling Stock Procurements. The contractor will comply with the
limitations on certain rolling stock procurements at 49 U.S.C. § 5323(u).
If contract exceeds $150,000, the contractor is required to sign the attached certification,
except those subject to a general waiver.
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13. 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.
14. 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
15. ASSIGNABILITY
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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.
16. 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.
17. 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.
18. 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.
19. 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.