HomeMy WebLinkAboutBID - 10095 Center Avenue Bicycle Lane Barrier ProjectBID 10095 Center Avenue Bike Land Barrier Project Page 1 of 38
INVITATION TO BID
10095 Center Avenue Bike Lane Barrier Project
BID OPENING: 3:00 PM MT (our clock), January 31, 2025
The City of Fort Collins is requesting bids from qualified Vendors for the Center Avenue Bike Lane
Barrier Project. The project is intended to separate and protect bicyclists and pedestrians by
narrowing lanes or implementing a road diet. The proposed demonstration will test the
effectiveness of temporary protection along Centre Avenue, from Worthington Circle to Bay Drive,
using flexible posts and curbing. The goal is to evaluate the impact of these changes on
multimodal usage, vehicular speeds, and public perception in the corridor.
The Centre Avenue Corridor is an ideal location for this test, as it has already been restriped
with buffered bike lanes, which can accommodate bolt-down curbing and delineators. This
project will focus on testing the effectiveness of vertical separators, which could inform future
City initiatives.
The City intends to purchase three hundred (300) raised channelizing curbs, three hundred
(300) attachable delineators, and all necessary hardware for the Centre Ave Lane Barrier
project in accordance with Section H Specifications. The installation of the curbing and
delineators will be completed by the City of Fort Collins. Centre Avenue has varying asphalt
thicknesses through this area of 8”-10”, all required hardware will need to be adequate to
accommodate this varying thickness of asphalt. Please reference Attachments B & C for a map
of the area of work as well as site photos. All materials need to be delivered by March 31, 2025.
The selected Vendor must provide a minimum 2-year material and workmanship warranty.
All items should be shipped to 625 9th St., Fort Collins, CO 80524 (City of Fort Collins Streets
Department) during the working hours of 7 AM to 3:30 PM, Monday through Friday. Please
notify the City representative at least (48) hours in advance of any deliveries. The City of Fort
Collins can assist with unloading and storing the materials as long as proper notice is given.
The Agreement will be subject to federal procurement regulations and all work under this
Agreement shall comply with Section F. Appendix II: Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards.
Bid Opening January 31, 2025
Join the meeting now
Meeting ID: 239 681 059 288
Passcode: Gp2746vc
Dial in by phone
+1 970-628-0892,,723416856# United States, Grand Junction
Find a local number
Phone conference ID: 723 416 856#
As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is
preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
fcgov.com/purchasing
BID 10095 Center Avenue Bike Land Barrier Project Page 2 of 38
System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note:
submitting bids through RMEPS may need additional time for completion. Bids not submitted by
the designated Opening Date and Time will not be accepted by the system.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations to bid. No individual or business will be discriminated against on the grounds of race,
color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs
can compete fairly and to ensure nondiscrimination in the award and administration of all
contracts.
Any additional questions should be submitted in writing via email, to Senior Buyer Adam
Hill at adhill@fcgov.com with a copy to Project Manager, Jeff Usher at jusher@fcgov.com,
no later than 3:00 PM MT (our clock) on January 24, 2025. Please format your e-mail to
include: Bid 10095 Center Avenue Bicycle Delineators 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 Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This BID has been posted utilizing the following Commodity Code(s):
550 08 Buttons, Delineators, Reflectors, etc.
550 41 Posts, Flexible (For Delineator Markers)
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Vendor 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 Vendor and their subcontractors/subconsultants at every tier.
Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open
Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject
to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid
Forms, and the awarded contract will be considered public records subject to disclosure
BID 10095 Center Avenue Bike Land Barrier Project Page 3 of 38
under CORA. By responding to this Bid, Contractor hereby waives any and all claims for
damages against the City for the City’s good faith compliance with CORA.
Special Instructions:
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour
set for closing. Once bids have been accepted by the City and closing has occurred, failure to
enter into contract or honor the purchase order will be cause for removal of supplier's name from
the City of Fort Collins' bidders list for a period of twelve months from the date of the opening.
The City may also pursue any remedies available at law or in equity. Bid prices must be held firm
for a period of ninety (90) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the Vendor. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be
clearly identified by the bid number and bid name contained in the bid proposal.
No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation
in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Vendors must be properly licensed and secure necessary permits wherever applicable.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject
any and all bids, and to waive any irregularities or informalities.
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.
Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All
freight charges must be included in prices submitted on proposal.
Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and
reported to authorities as such. Your authorized signature of this bid assures that such bid is
genuine and is not a collusive or sham bid.
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.
Vendor Registration: The City requires a new Vendor receiving awards from the City to submit
IRS form W-9 and requires all Vendors to accept Direct Deposit (Electronic) payment. If needed,
BID 10095 Center Avenue Bike Land Barrier Project Page 4 of 38
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.
Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Gerry Paul
Purchasing Director
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CITY OF FORT COLLINS
GENERAL INFORMATION
The City of Fort Collins is requesting bids from qualified Vendors for the Center Avenue Bike Lane
Barrier Project. The project is intended to separate and protect bicyclists and pedestrians by
narrowing lanes or implementing a road diet.
Schedule
The following represents the City’s target schedule for the bid. The City reserves the right to
amend the target schedule at any time.
• Bid issuance: January 10, 2025
• Question deadline: 3:00 PM MT on January 24, 2025
• Final Addendum Issuance: January 27, 2025
• Bid Opening Date: 3:00 MT (our clock) on January 31, 2025
• Award of Contract (tentative): 1st week of February 2025
• Completion of project: March 31, 2025
Method of Award
Award(s) from this bid will be based primarily on lowest bid price. Delivery lead times, warranty,
and exceptions taken to the Specifications will also be considered.
Future orders may be authorized, at the option of the City, from this bid for a period of up to five
(5) years after bid closing date. Satisfactory pricing and delivery are required for future orders
based on this bid.
Agreement
The awarded Vendor will receive a Purchase Order from the City authorizing the purchase of the
raised channelized curbs, attachable delineators, and hardware. Vendor should not begin any
Work prior to receipt of the Purchase Order.
The awarded Vendor is also expected to sign the City’s standard Goods Agreement, a sample of
which is attached in Attachment A. The Agreement will be effective for a period of one (1) year
with options to renew up to four (4) additional one (1) year terms.
Invoices & Payments
Invoices should be emailed monthly or after a shipment to invoices@fcgov.com with a copy to the
Project Manager. The cost of the item(s) delivered shall be paid to the Vendor each month
following the submittal of a correct invoice. Vendor should include Purchase Order Number and
a detailed description of item(s) on each invoice submitted. The City pays invoices on Net 30
terms.
Fees, Licenses, Permits
The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits
without additional expense to the City. All equipment shall be properly licensed and insured, carry
the appropriate permits and be placarded as required by law.
Laws and Regulations
BID 10095 Center Avenue Bike Land Barrier Project Page 6 of 38
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.
The Contractor 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). The
Contractor further agrees to comply fully with the Occupational Safety and Health Act, all
regulations issued there under, and all state laws and regulations enacted and adopted pursuant
thereto.
Insurance
Vendor is responsible for providing the City with insurance as required in the attached Agreement.
Warranty
Vendor warrants all equipment, materials, labor and other work, provided under this Agreement,
except City-furnished materials, equipment and labor, against defects and nonconformances in
design, materials and workmanship/workwomanship for a period beginning with delivery and
ending twenty-four (24) months from and after final acceptance under the Agreement, regardless
whether the same were furnished or performed by Vendor or by any of its subcontractors of any
tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected
item or part thereof shall be redesigned, repaired or replaced by Vendor in a manner and at a
time acceptable to City.
Delivery
Delivery of all items shall be to:
City of Fort Collins Streets Department
625 9th St.
Fort Collins, CO 80524
All deliveries must be during the working hours of 7 AM MST to 3:30 PM MST, Monday through
Friday. Please notify the City representative at least (48) hours in advance of any deliveries. The
City of Fort Collins can assist with unloading and storing the materials as long as proper notice is
given.
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing
submitted on the Bid Schedule. Any surcharges or additional costs shall be noted & included in
proposed pricing.
BID 10095 Center Avenue Bike Land Barrier Project Page 7 of 38
CITY OF FORT COLLINS
BID SUBMITTAL INSTRUCTIONS
The following items must be provided in the bid submittal package:
1) Completed Bid Submittal Form, consisting of seven (7) pages, including:
• Bid Schedule, Section A
• Experience & References List, providing documentation of at least three (3)
reference projects, Section B.
• List of Subcontractors to be used on project (if applicable), Section C.
• Complete the Byrd Anti-Lobbying Certification, Section D.
• Acknowledgement, Section E.
• Additional documents may be submitted in Microsoft Word or PDF formats.
Failure to submit any of the above may result in your bid being considered non-responsive.
10095 Center Avenue Bike Land Barrier Project
BID SUBMITTAL FORM
BID 10095 Center Avenue Bike Land Barrier Project Page 8 of 38
VENDOR NAME:
SUBMITTAL DATE:
A. BID SCHEDULE
ADD PRICING, LEAD TIME
Price Price time Period
(include
(include
Total Bid: $
Total Bid in words:
10095 Center Avenue Bike Land Barrier Project
BID SUBMITTAL FORM
BID 10095 Center Avenue Bike Land Barrier Project Page 9 of 38
B. EXPERIENCE & REFERENCES LIST
PROJECT #1
Project Name:
Project Type:
Location:
Contract Amount: $
Client:
Contact Name: Title:
Phone: Email:
Start Date: Completion Date:
Was the Project completed on time? Yes No
If no, please describe:
Was the Project completed within the original budget? Yes No
If no, please describe:
Additional information:
10095 Center Avenue Bike Land Barrier Project
BID SUBMITTAL FORM
BID 10095 Center Avenue Bike Land Barrier Project Page 10 of 38
PROJECT #2
Project Name:
Project Type:
Location:
Contract Amount: $
Client:
Contact Name: Title:
Phone: Email:
Start Date: Completion Date:
Was the Project completed on time? Yes No
If no, please describe:
Was the Project completed within the original budget? Yes No
If no, please describe:
Additional information:
10095 Center Avenue Bike Land Barrier Project
BID SUBMITTAL FORM
BID 10095 Center Avenue Bike Land Barrier Project Page 11 of 38
PROJECT #3
Project Name:
Project Type:
Location:
Contract Amount: $
Client:
Contact Name: Title:
Phone: Email:
Start Date: Completion Date:
Was the Project completed on time? Yes No
If no, please describe:
Was the Project completed within the original budget? Yes No
If no, please describe:
Additional information:
PLEASE NOTE: THE CITY RESERVES THE RIGHT TO REQUEST AND CONTACT ADDITIONAL
REFERENCES.
10095 Center Avenue Bike Land Barrier Project
BID SUBMITTAL FORM
BID 10095 Center Avenue Bike Land Barrier Project Page 12 of 38
C. SCHEDULE OF SUBCONTRACTORS
Please list all subcontractors and their corresponding Work items in the space below. If not
applicable, please note “N/A”.
ITEM SUBCONTRACTOR
10095 Center Avenue Bike Land Barrier Project
BID SUBMITTAL FORM
BID 10095 Center Avenue Bike Land Barrier Project Page 13 of 38
D. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - CERTIFICATION
The Vendor attests that it has filed the required certification under the Byrd Anti-Lobbying
Amendment. The Vendor 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 Vendor 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 Vendor certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Vendor 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
10095 Center Avenue Bike Land Barrier Project
BID SUBMITTAL FORM
BID 10095 Center Avenue Bike Land Barrier Project Page 14 of 38
E. ACKNOWLEDGEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Bid and acknowledges that it
has read and agrees to be fully bound by all of the terms, conditions and other provisions set
forth in ITB 10095 Center Avenue Bike Land Barrier Project except as otherwise noted.
Additionally, Vendor 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
Vendor’s knowledge and belief.
b. Vendor 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. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Notice of Award (NOA) with the City of Fort
Collins within 10 days of notice of award. If NOA is not completed and signed within 10
days, City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledges receipt of addenda.
g. Vendor acknowledges no conflict of interest.
h. Vendor 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 bid submitted hereunder is
subject to public disclosure by the City pursuant to CORA and City ordinances. All
submitted bids, Bid Forms, and the awarded contract will be considered public
records subject to disclosure under CORA. By responding to this Bid, Vendor hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED
WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE.
BID 10095 Center Avenue Bike Land Barrier Project Page 15 of 38
F. Appendix II: Contract Provisions for non-Federal Entity Contracts Under Federal Awards
(A) For a Contract for more than the simplified acquisition threshold ($250,000).
Breach. Any breach of the Contract by Professional shall be governed by the termination
and remedies provisions of the Contract. Additionally, in the event that the City incurs
damages as a result of Professional’s breach, the City may pursue recovery of such
damages from Professional. The City further retains the right to seek specific performance
of the Contract at any time as authorized by law. The City further retains the right to
otherwise pursue any remedies available to the City as a result of the Professional’s breach,
including but not limited to administrative, Contractual, or legal remedies, as well as any
applicable sanctions and penalties.
Remedies for Non-Performance. If Professional fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Professional to suspend performance
of all or any portion of the Work pending necessary corrective action specified by the
City and without entitling Professional to an increase in compensation or extension of
the performance schedule. Professional must promptly stop performance and incurring
costs upon delivery of a notice of suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Professional to correct any
rejected Work at the City ’s discretion. Upon City ’s request, Professional must correct
rejected Work at Professional’s sole expense within the time frame established by the
City. Upon completion of the corrections satisfactory to the City, City will remit payment
to Professional.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Professional otherwise fails to provide or complete,
as determined by the City in its sole discretion. Upon City request, Professional will
promptly refund any amounts prepaid by the City with respect to such non-compliant
Work.
d. Removal: Upon City ’s request, Professional will remove any of its employees or agents
from performance of the Work, if the City, in its sole discretion, deems any such person
to be incompetent, careless, unsuitable, or otherwise unacceptable.
(B) [All Contracts in excess of $10,000 must address termination for cause and for
convenience including the manner by which it will be effected and the basis of the
settlement.]
Termination.
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 Professional. In such event, the City
shall pay the Professional its costs, including reasonable Contract close-out costs, and profit
on Work performed up to the time of termination. The Professional shall promptly submit its
termination claim to the City to be paid the Professional. If the Professional has any property
BID 10095 Center Avenue Bike Land Barrier Project Page 16 of 38
in its possession belonging to the City, the Professional will account for the same, and
dispose of it in a manner the City directs.
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 Professional, or the appointment of a receiver or similar officer for Professional
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.
(C) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the
definition of “federally assisted construction Contract” in 41 CFR Part 60-1.3]
Equal Employment Opportunity. Professional agrees to comply with the Equal Opportunity
Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b)
(Federal Assisted Construction Contracts), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.” Professional further agrees to include this provision, including the Equal Opportunity
Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract.
During the performance of this Contract, the Professional agrees as follows:
(1) The Professional will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The Professional will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Professional agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) The Professional will, in all solicitations or advertisements for employees placed by or
on behalf of the Professional, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The Professional will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
BID 10095 Center Avenue Bike Land Barrier Project Page 17 of 38
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Professional's legal duty to furnish information.
(4) The Professional will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other Contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the
Professional's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The Professional will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The Professional will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Professional's noncompliance with the nondiscrimination clauses of
this Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Professional may be
declared ineligible for further Government Contracts or federally assisted construction
Contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Professional will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Professional will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a Professional becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Professional may request the United States to enter
into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally
assisted construction work: Provided, that if the applicant so participating is a State or
BID 10095 Center Avenue Bike Land Barrier Project Page 18 of 38
local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work
on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Professionals and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or Contract
modification subject to Executive Order 11246 of September 24, 1965, with a
Professional debarred from, or who has not demonstrated eligibility for, Government
Contracts and federally assisted construction Contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon Professionals and subcontractors by the administering
agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order.
In addition, the applicant agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this grant (Contract, loan, insurance,
guarantee); refrain from extending any further assistance to the applicant under the
program with respect to which the failure or refund occurred until satisfactory assurance
of future compliance has been received from such applicant; and refer the case to the
Department of Justice for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Professional or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government Contracts and subcontracts, including
Government bills of lading, transportation requests, Contracts for deposit of
Government funds, and Contracts for issuing and paying U.S. savings bonds and
notes, and such other Contracts and subcontracts as the Director of OFCCP may
designate.
(e) Incorporation by operation of the order. By operation of the order, the equal opportunity
clause shall be considered to be a part of every Contract and subcontract required by
the order and the regulations in this part to include such a clause whether or not it is
physically incorporated in such Contracts and whether or not the Contract between the
agency and the Professional is written.
(f) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
(D) [Where applicable, all Contracts awarded by the non-Federal entity in excess of
$100,000 that involve the employment of mechanics or laborers]
BID 10095 Center Avenue Bike Land Barrier Project Page 19 of 38
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Professional must
fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-3708),
including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704
are applicable to construction work and provide that no laborer or mechanic must be required
to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or Contracts for transportation or
transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (a) of this section the contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in
paragraph (a) of this section, in the sum of $26 for each calendar day on which
such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its
own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (b) of this section.
BID 10095 Center Avenue Bike Land Barrier Project Page 20 of 38
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clauses set forth in paragraph (a) through (d) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(a) through (d) of this section.
(E) [If the Federal award meets the definition of “funding agreement” under 37 CFR
§401.2 (a)]
Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by the
Professional or the City with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the parties must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Contracts,” and any implementing regulations issued by the awarding agency.
(F) [Contracts and subgrants of amounts in excess of $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 Professional 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 Professional agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal funds.
(G) [For Contract awards (see 2 CFR 180.220)]
Debarment and Suspension (Executive Orders 12549 and 12689). Professional attests that
it is not listed on the government-wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
BID 10095 Center Avenue Bike Land Barrier Project Page 21 of 38
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such, the Professional is required to verify that none of
the Professional ’s principals (defined at 2 C.F.R. § 180.995) or its affiliates
(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or
disqualified (defined at 2 C.F.R. § 180.935).
b. The Professional must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it
is later determined that the Professional did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to
the City, the Federal Government may pursue available remedies, including but
not limited to suspension and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or
proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(H) [For Contracts exceeding $100,000]
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Professional attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Professional 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. Professional 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.
(I) [All Contracts]
Procurement of recovered materials (2 CFR §200.323). 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.
BID 10095 Center Avenue Bike Land Barrier Project Page 22 of 38
a. In the performance of this contract, the Professional 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.
(J) [All Contracts]
Prohibition on certain telecommunications and video surveillance services or equipment (2
CFR §200.216). Professional is prohibited from using equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in
Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) 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).
(ii) Telecommunications or video surveillance services provided by such entities or
using such equipment.
(iii) 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.
(K) [All Contracts]
2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the
extent consistent with law, Professional should, to the greatest extent practicable, prefer the
purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards including all
Contracts and purchase orders for work or products under this award.
BID 10095 Center Avenue Bike Land Barrier Project Page 23 of 38
Foreign Market Restrictions. The Professional shall not allow funds provided under this
contract to be used to fund the use of any products or service of a foreign country during
the period in which such foreign country is listed by the United States Trade Representative
as denying fair and equitable market opportunities for products and supplies of the United
States in procurement and construction.
(L) [All Contracts]
2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises, and
Labor Surplus Area Firms. The City will take affirmative steps to solicit and include small,
minority, and women-owned businesses when possible in an effort to encourage
participation and fair competition in providing supplies/services described in this solicitation.
As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must include:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
If subcontracts are to be let, Professional must take all necessary affirmative steps
to assure that minority businesses, women’s business enterprises, and labor surplus
area firms are used as required by 2 C.F.R. § 200.321.
(M) Bid Protest Procedures
City of Fort Collins Bid Protest Procedures. 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.
(N) Title VI of the Civil Rights Act of 1964 - 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
BID 10095 Center Avenue Bike Land Barrier Project Page 24 of 38
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.
(O) Increasing Seat Belt Use in the United States – 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.
(P) Reducing Text Messaging While Driving – 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.
BID 10095 Center Avenue Bike Land Barrier Project Page 25 of 38
G. SCOPE OF WORK
The Centre Ave Bike Lane Barriers project is intended to separate and protect bicycle
lanes and pedestrian by narrowing lanes or implementing a road diet. The proposed
demonstration will test the effectiveness of temporary protection along Centre Avenue,
from Worthington Circle to Bay Drive, using flexible posts and curbing. The goal is to
evaluate the impact of these changes on multimodal usage, vehicular speeds, and public
perception in the corridor.
The Centre Avenue Corridor is an ideal location for this test, as it has already been restriped
with buffered bike lanes, which can accommodate bolt-down curbing and delineators. This
project will focus on testing the effectiveness of vertical separators, which could inform future
City initiatives.
The City intends to purchase three hundred (300) raised channelizing curbs, three hundred
(300) attachable delineators, and all necessary supplemental hardware for the Centre Ave Lane
Barrier project with federal funds (SS4A) and must comply with Section H. Installation of the
curbing and delineators will be completed by the City of Fort Collins. Centre Avenue has an 8-
10” asphalt thickness all required hardware will need to be adequate to secure the devices to
this asphalt. All materials need to be delivered by March 31, 2025. All products must come with
a minimum 2-year material and workmanship warranty.
All items should be shipped to 625 9th St., Fort Collins, CO 80524 (City of Fort Collins Streets
Department) during the working hours of 7 AM to 3:30 PM, Monday through Friday. Please
notify the City representative at least (48) hours in advance of the delivery. The City of Fort
Collins can assist with unloading and storing the materials as long as proper notice is given.
BID 10095 Center Avenue Bike Land Barrier Project Page 26 of 38
H. SPECIFICATIONS
PRODUCT SPECIFICATION
BOLT DOWN CURB RAISED CHANNELIZING CURB SYSTEM
I. SCOPE
This specification covers the minimum material and performance requirements for a bolt down
curb channelizing system. This unit may be used to delineate bike and pedestrian lanes, at
medians to provide channelization of traffic on freeways, tollways, or city streets, for
acceleration lanes, left turn lanes, thru lane protection, for work zone 2-way lane separation, for
traffic calming applications (i.e., roundabouts and traffic circles), or anywhere that pavement
markings are insufficient to provide safe channelization of traffic. Bolt down curb raised
channelizing curb system shall be equal to or better than Impact Recovery Systems Tuff Curb.
II. GENERAL REQUIREMENTS
A. DESIGN
The bolt down curb system shall be fabricated to withstand repeated impacts with minimal
maintenance to the unit and minor damage to the impacting vehicle. The system shall incorporate
modular sections of raised curbing which do not interconnect, and each section shall be anchored
independently. The system is comprised of 40” curb sections and 18” tapered nose section
transitions. Additionally, the system shall be available with a wide variety of quick-release,
fixed, or quarter-turn channelizing devices, including hazard markers (Type 3), vertical panels,
delineators, tubular markers, and sergeant stripe units. Each 40” section of curb shall have two
flat areas on the top to accommodate the attachment of raised pavement markers to provide
maximum nighttime visibility for motorists. The use of both raised pavement markers and
channelizers is recommended. The channelizing devices shall incorporate either a flexible post or
post and panel assembly and shall utilize a reactive spring device to absorb the stress from the
impacting vehicle. Spring assembly shall have an anti-twist feature to assure the channelizer is
returned to an upright position facing traffic. The bolt down curb shall be MASH 2016 tested and
approved.
B. MATERIALS
B.1 CURBING
Curbing shall be composed of injection molded HDPE material which is resilient and features
solid color throughout, eliminating the need to repaint scuffed surfaces. The bolt down curb shall
not exceed 4 inches in height or 12 inches in width. It shall possess gently sloping sides in order
to facilitate crossover by emergency or errant vehicles. A tapered end section shall be present on
both ends of curbing. Curbing sections shall not interconnect but have the ability to space
sections to facilitate passage of water between sections of curb. Curbing shall be certified MASH
compliant for crashworthiness.
B.2 CHANNELIZER
All channelizers must conform to the Manual of Uniform Traffic Control Devices.
a. Delineator Post should be available in 36” height, in standard color of white and capable of
BID 10095 Center Avenue Bike Land Barrier Project Page 27 of 38
being removed and replaced from curb section. Delineators shall be capped with two 3” high-
intensity reflective sheeting with 3” spacing.
C. WORKMANSHIP
The bolt down curb shall exhibit good workmanship and shall be free of burns, discoloration,
and other objectionable marks or defects which affect appearance or serviceability.
D. INSTALLATION
Installation and deployment shall be per manufacturer’s recommendations or as directed by the
specifying engineer. Curb spacing recommendation shall be no less than ½” apart, and no more
than 1” for visual considerations, or if drainage or other considerations warrant additional space,
a larger gap is acceptable. Installations should begin and end with a tapered nose section.
Installation shall utilize a minimum of ½"dia zinc plated lag bolts and mungo sleeves.
III. REFLECTIVE SHEETING
The reflective material used on the channelizer shall be made of flexible, ASTM D-4956 TYPE
IV or better, impact resistant, pressure-sensitive sheeting which shall be subject to approval by
the City.
BID 10095 Center Avenue Bike Land Barrier Project Page 28 of 38
PRODUCT SPECIFICATION
DELINEATORS
I. SCOPE
This specification covers the minimum material and performance requirements for a Tubular
Marker or Delineator. The unit is designed to be used in work zone areas or any application
requiring flexible, impact-resistant traffic control devices. It may also be used in permanent
installations to provide guidance to motorists where needed, including channelization through
changes in road alignment, to delineate exit lanes or execute turn restrictions, or anywhere that
high-performance delineation is needed. Bolt down curb raised channelizing curb system shall be
equal to or better than Impact Recovery Systems OmegaPost.
II. GENERAL REQUIREMENTS
A. DESIGN
1. The Tubular Marker and/or Delineator shall be fabricated to withstand repeated impacts
with minimal maintenance to the unit and damage to the impacting vehicle. The unit is a
highly durable post that is a two-piece system consisting of a post with a surface-mounted
replaceable delineator for curb.
B. MATERIALS
1. BASE
1. The surface-mounted (fixed) base shall be constructed of high-impact plastic
material.
2. The curbing base shall be constructed of high-impact plastic material.
C. POST
1. The surface of the post shall be smooth and suitable for adherence of appropriate
reflective sheeting and top of post must be capped.
2. The post shall be made of a material resistant to ultraviolet light, ozone, and
hydrocarbons.
3. The post shall have sufficient stiffness to remain rigid in windy conditions.
4. The post shall be capable of withstanding impacts as described in Section III C.
D. WORKMANSHIP
1. The Tubular Markers and Delineators shall exhibit good workmanship and shall be free
of burns, discoloration, and other objectionable marks or defects which affect appearance
or serviceability.
E. INSTALLATION
BID 10095 Center Avenue Bike Land Barrier Project Page 29 of 38
1. SURFACE MOUNT
a. A plastic sleeve (anchor) and lag bolt system may be used.
b. Installation method selected should follow manufacturer’s recommended installation
procedures.
2. CURBING MOUNT
a. A plastic sleeve (anchor) and lag bolt system may be used for bolt down curb.
b. Installation method selected should follow manufacturer’s recommended installation
procedures.
III. PHYSICAL AND MECHANICAL REQUIREMENTS
A. DIMENSIONS
1. BASE
1. Surface mounted base shall have nominal dimensions of 8” x 8” x 1” unless
otherwise specified.
2. CURBING SYSTEMS
1. Curbing shall be 40” or more in length.
2. Bolt down curb shall be 3.5” tall x 10-12” wide.
3. Curbing systems shall include reflectors as specified by the purchasing agency.
3. POST
1. The delineator Tubular Markers and Delineators shall be 36” in length.
2. Diameter shall be 2.25” to 3”.
B. COLOR
1. BASE
1. The color of plastic bases shall be white.
2. POST
1. The color of the post shall be white.
C. IMPACT RESISTANCE
1. The delineator has undergone documented testing against NTPEP 2018 standard and
achieved an ability to survive 200 hits at 70mph without failure.
2. Delineators shall be certified MASH compliant for crashworthiness.
IV. REFLECTIVE SHEETING
A. The reflective material used on the delineator Tubular Markers and Delineators shall be made
of flexible, Type XI, impact-resistant, pressure-sensitive sheeting which shall be subject to
approval by the ordering agency. Shall consist of two 3” white reflective bands at 3” separation
on upper part of post.
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 30 of 38
ATTACHMENT A
SAMPLE GOODS AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)
GOODS AGREEMENT
This Good 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],
(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. The Provider agrees to provide and deliver goods in accordance with the Scope of
Work attached hereto as Exhibit A, consisting of [# of Pages], U.S. Department of
Transportation Federal Terms and Conditions attached hereto as Exhibit C, consisting of
thirty-two (32) pages and incorporated herein. Irrespective of references to named third
parties in this Agreement and its Exhibits, the Provider shall be solely responsible for
performance of all duties hereunder.
2. Time of Commencement and Completion of Services. The goods to be delivered pursuant
to this agreement shall be initiated immediately following execution of this Agreement.
Delivery of the products stated in Exhibit A shall be delivered to the City no later than .
The order shall be shipped and delivered complete and undamaged. The delivery address
is: City of Fort Collins, [Address], Fort Collins, CO [Zip Code], attention [City Contact] at
[Email/Phone].
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 four (4) 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. Written notice of renewal shall be provided to the 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 Provider.
In the event of early termination by the City, the Provider shall be paid only for undamaged
goods provided or services rendered to the date of termination, subject only to the
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 31 of 38
satisfactory performance of the Provider's obligations under this Agreement. Provider shall
submit a final invoice within ten (10) calendar days of the effective date of termination.
Payment shall be the Provider's sole right and remedy for such termination.
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:
PROVIDER: CITY: Copy to:
Attn: Jeff Usher
PO Box 580
Fort Collins, CO 80522
jusher@fcgov.com
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. The City shall pay the Provider for the performance of this Agreement,
subject to additions and deletions provided herein, as per the line item pricing in the attached
Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. This is
an indefinite quantity contract. Shipping terms are FOB Destination(s).
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 Provider following the submittal of a
correct itemized invoice by the 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. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation
by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section
8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no
obligation to continue this Agreement in any fiscal year for which no such supporting
appropriation has been made.
9. 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 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
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 32 of 38
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
Provider. The City’s concurrence hereunder is subject to the Provider’s commitment that
this authorization shall not have a negative impact on the Services to be completed for the
City.
10. 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.
The initial City Project Manager for this Agreement is Jeff Usher and can be reached at
jusher@fcgov.com. The City Project Manager is subject to change by the City.
11. Independent Contractor. The Services to be performed by the 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 Provider's compensation hereunder or any other
amounts on behalf of Provider for the payment of FICA, Workmen's Compensation,
unemployment insurance, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Provider and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
goods shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
14. Warranty.
a. The Provider warrants that all goods delivered, hereunder shall be provided
with the highest degree of competence and care in accordance with
accepted standards for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use.
c. The Provider warrants all products provided under this Agreement, against
defects and nonconformances in design, materials and
workmanship/workwomanship in accordance with product specifications
and/or the original manufacturer’s warranty from date of delivery upon
receipt of written notice from City of any such defect or nonconformances,
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 33 of 38
the affected item or part thereof shall be repaired or replaced by the
Provider in a manner and at a time acceptable to City.
15. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
16. 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.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs.
17. 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.
18. 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.
19. 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.
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 34 of 38
20. Colorado Open Records Act. The 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.
21. Delay. Time is of the essence. Subject to Force Majeure , if the Provider is temporarily
delayed in whole or in part from performing its obligations, then the 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.
22. 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 Provider must provide notice to the City of such condition within
ten (10) calendar days from the onset of such condition.
23. 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 Provider harmless; requires the City to agree to binding
arbitration; limits Provider’s liability; or that conflicts with statute, City Charter or City Code
in any way, shall be void.
[Signature Page Follows]
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 35 of 38
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROVIDER
By:
Printed:
Title:
Date:
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 36 of 38
EXHIBIT A
SPECIFICATIONS
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 37 of 38
EXHIBIT B
COMPENSATION
Official Purchasing Document
Last updated 11/2024
Goods Agreement
10095 Center Avenue Bicycle Delineators Page 38 of 38
EXHIBIT C
APPENDIX II: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
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PAGE 1 CENTRE AVE
WORTHINGTON TO BAY
CENTRE AVE AREA 1
THERMO MATERIALS:
264 LN FT- 18" WHITE LINE
975 LN FT- 6" WHITE LINE
22- STANDARD LEFT ARROWS
18- BIKE RIDER SYMBOLS W/STRAIGHT ARROW
2- GREEN BIKE WAYFINDING DOT
1- SHARED LANE MARKING
1
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CENTRE AVE
WORTHINGTON TO BAY
CENTRE AVE
AREA 1
PAGE 2
ALL THERMOPLASTIC LISTED ON
PAGE1
1
2
LEAVE GAP ON ALL LINES AT THE RAMPS FOR SIGNS AND
PAINT TO INSTALL NEW CROSSWALK IN FUTURE. PAINT
DOUBLE YELLOW ON BOTH SIDES FOR 2OFT TO
ACCOMADATE FUTURE PAINTED ISLAND
STRIPING ADJUSTED TO
ACCOMADATE WIDENING
OF SIDEWALK ON WEST SIDE
ATTACHMENT B
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C