HomeMy WebLinkAboutRFP - 10146 Transfort Bus Shelters & AmenitiesRFP 10146 Transfort Bus Shelters & Amenities Page 1 of 62
REQUEST FOR PROPOSAL
10146 TRANSFORT BUS SHELTERS & AMENITIES
RFP DUE: 3:00 PM MT (Mountain Time), May 9, 2025
The City of Fort Collins is requesting proposals from qualified Service Providers for the design,
engineering and manufacture of bus shelters with bench seating and lighted advertising kiosk,
along with other associated amenities on an as needed basis. The shelter design must support
the City of Fort Collins’ desire for a design that meets the standards and integrates with the City’s
overall cultural, sustainability, and accessibility requirements.
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 Beth Diven, Buyer II at
bdiven@fcgov.com, no later than 3:00 PM MT on April 25, 2025. Please format your e-mail
to include: RFP 10146 Transfort Bus Shelters & Amenities 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):
155-76 Shelters, Bus Waiting
557-12 Bicycle Racks for Transit Buses 650-06 Benches, Park (Including Bus Stop Benches)
650-10 Bicycle Racks
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
f ull 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
Financial Services
Purchasing Division nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10146 Transfort Bus Shelters & Amenities Page 2 of 62
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers/ Professionals receiving awards from the City to submit IRS form W-9 and requires all Service Providers/
Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the
Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these
documents with your proposal, however, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The City may
waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
RFP 10146 Transfort Bus Shelters & Amenities Page 3 of 62
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 Master Services Agreement
Work Order Type (Agreement) prior to commencing services (see sample attached to this
document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10146 Transfort Bus Shelters & Amenities Page 4 of 62
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Service Providers for the design, engineering and manufacture of bus stop amenities, including bus shelters with
bench seating, lighted advertising kiosk, solar panels, along with other associated bus
stop amenities. The shelter design must support the City of Fort Collins’ desire for a design
that meets the standards and integrates with the City’s overall cultural, sustainability, and
accessibility requirements.
Transfort believes bus stops are a critical part of the transit system as they serve as the
first point of contact between the customer and the service. In addition, bus stop placement
throughout the community acts to promote alternative modes of transportation to the
traveling public.
The purchase of the bus shelters and other bus stop amenities will utilize Federal
Transportation Administration (FTA) funding, therefore submission of the Certification
Regarding Lobbying and Buy America Certification forms are required with the proposal.
The amenities may be purchased at any mutually agreed-upon time throughout the
duration of the Master Services Agreement Work Order Type (Agreement).
B. Background
In 2015, the City adopted standards and guidelines for bus stop development and
amenities (Transfort Bus Stop Design Standards & Guidelines) which is included as part
of this RFP as Attachment A. All shelters must meet the functional requirements as stated
in the Transfort Bus Stop Design Standards & Guidelines. Additional specifications are
listed in Section A Bus Stop Amenity Details below. All options for bus stop amenities
meeting the requirements in the Bus Stop Design Standards & Guidelines as well as the
updated specifications in Section A below will be considered.
II. SCOPE OF SERVICES
A. Overview
This Scope of Services includes the design, engineering, manufacturing and delivery of
varying size modular shelter components and bus stop amenities as outlined below. See
Section A for additional shelter specifications and details for bus stop amenities below.
The shelter design must support the City of Fort Collins’ desire for a design that meets the
standards and integrates with the City’s overall cultural, sustainability, and accessibility
requirements, as shown in Attachment A: Transfort Bus Stop Design Standards &
Guidelines. Other amenities include advertising kiosks, lighting, solar lighting options,
benches, trash and recycling bins, and bicycle racks.
The City intends to award an Agreement with an initial term of one (1) year, with the option
to renew for up to four (4) additional one (1) year terms.
The Scope of Services includes an option for shelter installation. If the Service Provider
chooses not to offer installation services or the City elects a different approach, this service
will be performed by Transfort or a vendor separately contracted by the City. To help facilitate installation, the pre-installation manufactured components will be modular in
design. Upon manufacture and agreed-upon delivery dates, the City will provide a shipping
address. The Service Provider is required to work directly with the City’s selected installer
to ensure accurate and timely delivery of the components.
RFP 10146 Transfort Bus Shelters & Amenities Page 5 of 62
B. Bus Stop Amenity Details
1. Bus Shelters
a. The overall bus shelter design shall be consistent with the attached conceptual images and information, as described in the Transfort Bus Stop Design Standards
& Guidelines beginning, page 31 of Attachment A (uploaded to Bidnet as a
separate PDF document). The Transfort Bus Stop Design Standards & Guidelines
should be used as a guide. Updated design specifications outlined are outlined
here.
b. The shelter’s main structure shall be constructed using structural tubing, aluminum
or equal and powder coated. The City will consider other durable materials that
meet the requirements of Attachment A.
i. Small-size model shall be approximately 4-5' deep, 14’ wide, covered shelter;
with an arched roof consistent with the attached conceptual images and
comprised of polycarbonate material or approved equal. Roof shall not exceed
8’ in height at any point. Please provide an option for powder-coated aluminum
panels as an alternate.
ii. Standard full-size model shall be approximately 4-5' deep, 16’ wide, covered
shelter with an arched roof consistent with the attached conceptual images and comprised of polycarbonate material or approved equal. Roof shall not exceed
8’ in height at any point. Please provide an option for powder-coated aluminum
panels as an alternate.
iii. Large-size model shall be approximately 4-5' deep, up to 18’ wide, covered
shelter with an arched roof consistent with the attached conceptual images and
comprised of polycarbonate material or approved equal. Roof shall not exceed
8’ in height at any point. Please provide an option for powder-coated aluminum
panels as an alternate.
iv. Small-size alternate model shall be approximately 4-5' deep, 14’ wide, covered
shelter with sloped roof panels comprised of aluminum sheets, polycarbonate
material, or other approved equal. Please see the separately uploaded
document titled Attachment B.
c. Shelter Frame:
i. Framing shall be comprised of structural tubing, aluminum or approved equal.
ii. Color – frame shall be powder coated in Silver (RAL 7047) and Green (RAL 6017), or approved equals, as depicted in the Attachment A examples. The
City may, depending on business needs, request some shelters in alternate
colors. In this case, the City would provide detailed instructions including
number of shelters and color codes.
d. Shelter Walls:
i. Per design standards, provide perforated metal rear wall.
ii. Rear wall to incorporate runner (material shall be aluminum or approved
equal). Please provide option for rear walls consisting of perforated metal.
iii. Rear wall shall also integrate a fixed position map case to accommodate a
graphic approximately 22” high by 28” wide.
RFP 10146 Transfort Bus Shelters & Amenities Page 6 of 62
iv. Sides of walls shall be no less than 6” from the ground as not to impede
maintenance of snow, debris or general cleaning and to prevent potential water
damage.
v. Per the design standards, provide perforated metal end wall.
vi. Provide alternate options for perforated metal end and side walls as applicable.
vii.
e. The bus shelter roof components shall be modular in design and shall allow for
roof components to be securely fastened to the shelter in a concealed and tamper-
proof manner.
f. All bus shelter structural components shall be clearly labeled and modular in
design.
g. The overall design of the shelter must allow a minimum of 48” of sidewalk
clearance (adjacent to the shelter) for wheelchairs and pedestrians to pass.
h. Given the conceptual design, shelters shall be designed so as to minimize the
collection of debris and trash, facilitate ease of cleaning and provide ample
protection from inclement weather. Additionally, the bus shelter design must be
graffiti-resistant, and vandal-proof. Only materials that meet these guidelines will
be considered. Materials meeting these requirements are described in the design
standards.
i. The structure should maximize shelter from rain, snow, wind and sun.
j. The shelter should allow for the installation of the bench seat in addition to a
minimum clear floor space of 30” wide and 48” deep inside the shelter of
wheelchair access space as indicated in the attachments to this RFP, as well as
an accessible path leading from the shelter to the boarding and alighting area.
k. The front of the shelter should be open.
l. People using the shelter should be able to clearly see buses approaching (which
will always be from the left). People inside the shelter should be able to determine
the presence of anyone nearby, via a sightline at foot level, or otherwise, for
security purposes.
2. Advertising Kiosk
Advertising panels shall be comprised of ad kiosk with up to two (2) side-hinged display
doors, both facing direction of traffic flow, at a “V” angle up to 45°. Display doors to
contain 3/16” clear tempered glass. Panels shall be large enough to accommodate a
graphic approximately 68” tall by 47” wide.
3. Lighting
a. Shelters are preferred to incorporate solar panels for lighting or shall be directly
wired for electric service.
i. Advertising kiosk shall include 8 hours of solar powered illumination and shelter
shall contain solar powered dusk to dawn roof illumination.
ii. Batteries shall be secured behind advertising kiosk and allow for a minimum of
six (6) days of lighting autonomy in the event of a lack of solar exposure. Their
battery storage facility shall be no less than 6” from the ground as not to impede
RFP 10146 Transfort Bus Shelters & Amenities Page 7 of 62
maintenance of snow, debris or general cleaning and to prevent potential water
damage.
iii. Please provide costs for shelter solar kits purchased separately and
replacement parts for these kits. Solar kits should provide at least 6 hours of
illumination per day and ability to be retrofitted to existing shelters.
4. Benches
Benches integrated into the shelter shall be contoured benches ranging from 5- 8’ and
allow for a minimum clear floor space of 30” wide and 48” deep inside the shelter.
Include options for benches with and without delineators. Benches in shelters shall
include stainless-steel anchors and be powder coated in Silver (RAL 7047) or other
approved equal. Other materials that meet these guidelines will be considered.
Stand-alone benches may be utilized at some bus stops. The preferred style is a 6’
Steel Strap Advertising Bench with an acrylic face, aluminum frame capable of
accommodating at least 4 mm thick coroplast plus the acrylic face with tamper resident
fasteners, stainless steel anchors powder coated in RAL 7039 (Quartz Grey) as
displayed in Attachment A page 30 or other approved equal.
5. Trash and Recycling Receptacles
Metal trash and/or recycling receptacles shall be pole mounted or stand-alone as displayed in Attachment A page 33. They shall be powder coated in Silver (RAL 7047)
or Quartz Grey (RAL 7039). All trash/recycling receptacle models proposed shall have
options for lids.
6. Bicycle Racks
The preferred metal bike rack style is a simple hitching post or inverted U, as displayed
Attachment A page 32. They shall be powder coated in Silver (RAL 7047), or Quartz
Grey (RAL 7039), or Green (RAL 6017).
7. Next Bus Arrival Electronic Display
The preferred style is integrated on one side of the shelter, above the side panel and
utilizes solar mounted to the roof, independent of the shelter lighting solar.
8. Pole-mounted transit stop solar light
The preferred style is a standalone, pole-mounted transit stop solar light with battery
backup. Lights shall mount to a standard transit pole – circular or square – without any
trenching or utility integration. Solution should include an ADA compliant pedestrian
push activation button. Batteries should allow for up to 5 days of lighting autonomy in
the event of a lack of solar exposure.
9. Additional Amenities & Replacement Parts
Additional amenities, which may not be mentioned on the fixed price list and differ from
the items listed above, should be available for purchase.
Transfort requests the ability to order replacement parts for any of the above listed
amenities as needed.
RFP 10146 Transfort Bus Shelters & Amenities Page 8 of 62
B. Optional Services
1. Shelter Assembly and Installation
If interested, the Service Provider will provide a price quote for assembly and installation of shelters as well as demolition or relocation of shelters as an optional
service under this request for proposal. If the Service Provider is interested in providing
this service, please provide an itemized price quote that would include responsibility
for all construction, delivery, storage, and installation costs, including obtaining all
applicable permits, materials, and labor including for installation of electrical, where
applicable.
Please note that any assembly and installation services performed by the Service
Provider will be subject to Davis Bacon prevailing wage rates, which have been
included as an exhibit in the sample Agreement (Section VII).
If included as an option, the Service Provider shall install all Shelters and Amenities in
accordance with industry standards and workmanlike* manner, in compliance with all
applicable codes and regulations. These shall include, but are not limited to, loc al
zoning code, local building and electrical codes, local regulations, and the Americans
with Disabilities Act of 1991 (ADA). If the sidewalk is blocked due to installation, then
the Service Provider will be responsible for notifying pedestrians with signage at each
end of the block.
*Trades - Quality workmanship, provided by skilled and qualified tradesmen, shall
be employed for all items of the work. Licensed electricians shall complete all
electrical work.
Installation Details
Under this option, Service Provider would be responsible for developing installation
details that ensure the safe and secure operation of the Shelters and Amenities per the manufacturer’s specifications, requirements, and guidelines. During the term of the
Agreement, the City may, at its sole discretion, direct the Service Provider to remove,
replace, and relocate Shelters and associated Amenities (i.e. Solar Panels, Trash and
Recycling receptacles, and Bike Racks) as necessary to accommodate changing
needs or to address unforeseen issues. The Service Provider, at the request of the
City, shall be required to remove Shelters that interfere with the construction,
maintenance, or repairs of public utilities, public works or public improvements, or
which the City otherwise deems to be inappropriate at a particular location within two
weeks of notice to remove/relocate the Shelter and associated Amenities. At the
request of the City, Shelters and associated Amenities so removed shall be reinstalled
when construction, maintenance, or repairs are completed, or they will be relocated to
sites approved by the City. The City reserves the right to permanently decommission
bus stops as they see fit and the Service Provider must remove all requested Shelters
and associated Amenities at the City’s request. All such removals, replacements,
and/or relocations shall be accomplished at the expense of the City. In some cases, New Shelters will replace Existing Shelters. Service Provider is responsible for fully
relocating Existing Shelters and/or Benches and all Amenities to new locations agreed
upon by the City. Service Provider is further responsible for the installation of the
Shelters, Benches and Amenities at those sites. In the event this option is executed,
the City will retain responsibility for the purchase and order of Shelters, Benches and
all associated Amenities. Installation, removal, and/or replacement of benches will
remain the responsibility of the City .
RFP 10146 Transfort Bus Shelters & Amenities Page 9 of 62
C. Shelter Structural Engineering and Quality Control Requirements
1. The entire assembly, when anchored in place must meet, without damage, the minimum design loadings as per the latest edition of the International Building Code
and the Americans with Disabilities Act of 1990 Accessibility Guidelines, whichever is
more stringent, as well as applicable state, county and municipal code, whichever is
more stringent.
2. Calculations bearing the name, address, signature, and professional seal of the
structural engineer shall be submitted upon request. Structural Engineer shall be
licensed in the State of Colorado. If costs are associated with providing stamped
designs, include this information as a line item in proposal.
3. All shelter components shall be constructed of new materials.
4. The shelter should be structurally sound with an expected useful life of 30 years.
5. All metal components exposed to weather shall be powder coated with a color to be
selected by the City.
6. Shelter must be able to withstand heavy winds and include design features for properly
securing to the ground.
7. Wind and snow loads shelters must meet:
a. Ground Snow Load: 35 psf
b. Roof Snow Load: 30 psf
c. Wind load: 140mph
D. Warranty
In addition to the requirements in the Bus Stop Amenity Details, all amenities, products,
systems, materials and equipment installed shall be warranted for a minimum period of
two (2) years from the date of installation acceptance.
E. Commencement of Construction and Installation Requirements
1. The City shall have the option to review and evaluate an initial sample or prototype
of each shelter model prior to commencement of the shelter fabrication. This will
provide the City the opportunity to make modification or design adjustments, as
needed, in order to comply with the specifications of this Scope of Services and/or
City preferences.
2. All hardware that will be necessary for the bus shelter installation into concrete
(Including but not limited to nails, nuts, bolts, fasteners, etc.) shall be clearly labeled
and delivered along with the roof and structural components.
3. Three (3) complete sets of each bus shelter model design drawings and engineering
specifications shall be provided to the City of Fort Collins at least twenty (20) days
prior to commencement of construction of any modular components.
4. One (1) complete set of any specialty tools required for installation of the bus shelters
shall be clearly labeled and provided to the City of Fort Collins at least twenty (20)
days prior to the delivery of any components.
RFP 10146 Transfort Bus Shelters & Amenities Page 10 of 62
F. Commencement of Services and Delivery
Service Provider shall begin work and shall perform in accordance with the project
schedule to be mutually agreed upon by the parties and incorporated into each Work
Order. The Service Provider will be required to coordinate delivery of the shelters with the
City’s installation provider, as the City will not be able to provide a location for temporarily
storage.
G. Cooperative Purchase
As a condition of the Agreement award, the awarded Service Provider will grant
Colorado State University (CSU) the option to purchase shelters at the established price
and similar terms as the City.
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: April 9, 2025
• Question deadline: 3:00 PM MT on April 25, 2025
• Final Addendum Issued: May 2, 2025
• Proposal due date: 3:00 PM MT on May 9, 2025
• Interviews (tentative): End of May 2025
• Award of Contract (tentative): End of May 2025
• Contract Start Date: June 2025
D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company , approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
E. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors in their proposal.
Please note that the City will contract solely with the awarded Service Provider; therefore,
subcontractors will be the responsibility of the Service Provider.
F. 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).
RFP 10146 Transfort Bus Shelters & Amenities Page 11 of 62
G. Work Orders
The awarded Service Provider(s) will be required to sign the City’s Agreement, a sample
of which is attached as Section VII for reference purposes. In the event that the City has
agreements with multiple Service Providers for the Work, the City reserves the right to
request proposals for individual Work Order assignments from the awarded Service
Providers or assign Work Orders directly to a Service Provider at its sole discretion.
Selection for individual Work Orders may be based on, but not limited to, availability,
approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Services. Subsequent supporting documentation pages
may include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Service Provider, project manager and Purchasing Department representative.
Depending on the cost and nature of the Work, additional signature authorization may be
required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not
be considered valid until signed, at a minimum, by the Service Provider, project manager
and Purchasing Department representative.
H. Invoicing and Payment
Invoices should be emailed following completion of each Work Order assignment to
invoices@fcgov.com with a copy to the Project Manager. The cost of the Work completed
shall be paid to the Service Provider following the submittal of a correct invoice by the Service Provider indicating the project name, Purchase Order number, Work Order
number, product description, number of products, per unit price, and total per line item.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Service Provider and the City will negotiate an appropriate unit price for the service prior
to the Service Provider initiating such Work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement 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
RFP 10146 Transfort Bus Shelters & Amenities Page 12 of 62
Providers include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed description of the overall concept based on the photos/renderings
in the Transfort Bus Stop Design Standards & Guidelines. The narrative should include
any options that may be beneficial for the City to consider. Proposals shall include
renderings of the proposed shelter concept.
2. Provide detailed installation instructions and product lead-times.
3. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
4. Provide a written warranty on all manufactured components, materials, workmanship,
and all other pertinent components. At minimum, warranty must meet the requirements
as stated in Section II. D.
5. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
6. Briefly describe the approach to execute the Scope of Services to include the methods
and assumptions used, and any exceptions and/or risks.
7. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
8. Identify what portion of Work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service
Provider.
RFP 10146 Transfort Bus Shelters & Amenities Page 13 of 62
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. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
3. 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 organization name, contact name, email and phone
number, subcontractors on the team and a brief description of the work . 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.
4. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
RFP 10146 Transfort Bus Shelters & Amenities Page 14 of 62
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
1. Provide an itemized price quote with a cost per shelter by model type, advertising
kiosk, lighting, benches, next bus arrival display, trash and recycling bins, bicycle
racks and any other items deemed appropriate. The cost per item shall be all-
inclusive and shall include shipping and delivery to Fort Collins, CO - FOB
Destination. The itemized pricing should include pricing for each major component
and/or shelter module that may be required for future purchases for repairs and
maintenance.
2. If applicable provide an itemized price quote for installation services to address all
Work stated in Section II. B.
G. Federal Signature Forms
All proposals must include completed and signed Certificate Regarding Lobbying and Buy America forms (Section VI). Proposals that do not contain these executed
forms will be considered non-responsive and subject to rejection.
H. Sample Agreement
Included with this request for proposals is a sample Master Services Agreement Work
Order Type (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.
I. 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.
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 .
RFP 10146 Transfort Bus Shelters & Amenities Page 15 of 62
WEIGHTING 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
Services, or Agreement? Are the product lead-
times reasonable?
2.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial strength, capacity and support capabilities
required to successfully complete the project as
defined in the Scope of Services? Has the firm
successfully completed previous projects of this
type and scope? Do the persons who will be
working on the project have the necessary skills
and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the
project?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Services for
the project, and their day-to-day business
operating processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by their day-to-day business operating processes,
practices and procedures?
2.0 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 costs compare favorably with the
Project Manager's estimate and historical pricing
data?
RFP 10146 Transfort Bus Shelters & Amenities Page 16 of 62
V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
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 10146 Transfort Bus Shelters & Amenities and
sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes
the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
RFP 10146 Transfort Bus Shelters & Amenities Page 17 of 62
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP 10146 Transfort Bus Shelters & Amenities Page 18 of 62
VI. FEDERAL SIGNATURE FORMS
BUY AMERICA (BA), BUILD AMERICA/ BUY AMERICA (BABA) CERTIFICATION
Buy America (BA) Act. The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA-funded projects are produced in the United States, unless a waiver has
been granted by FTA or the product is subject to a general waiver. General waivers are listed in
49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15
passenger wagons produced by Chrysler Corporation, and microcomputer equipment and
software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49
C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent
domestic content.
Build America, Buy America (BABA) Act. Construction materials used in the Project are subject
to the domestic preference requirement of the Build America, Buy America Act. Pub. L. 117-58,
div. G, tit. IX 70911 – 70927 (2021), as implemented by the U.S. Off ice of Management and
Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this
agreement is neither a waiver of 70914(a) nor a finding under 70914(b).
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids and pay applications for the duration of the project 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, Build America/Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
BIDDER MUST SIGN THE FOLLOWING:
Certification requirement for Buy America - procurement of steel, iron, or manufactured
products and that the products pass the two part BABA test for determining if a product
qualifies as a domestic end product (i) the item must be manufactured in the US, and (ii)
more than 65 percent of the cost of all the component parts must be manufactured in the
US.
Indemnification: If the products are determined to be non-compliant at any point during the
agreement or future audit, the Contractor will be responsible for any liability incurred by the City.
The Contractor agrees to indemnify and save harmless the City, its officers, agents and
employees against and from any and all actions, suits, claims, demands or liability of any
character whatsoever, brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with the performance of
any service hereunder.
BIDDER or OFFEROR: The bidder or offeror hereby certifies that it will meet the requirements of Buy America 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5, Build America, Buy America
Act. Pub. L. 117-58, div. G, tit. IX 70911 – 70927 (2021).
Date _________________________________________________________________________
Signature ______________________________________________________________________
Company Name ________________________________________________________________
RFP 10146 Transfort Bus Shelters & Amenities Page 19 of 62
Title __________________________________________________________________________
SUPPLIER OR DISTRIBUTOR:
The Supplier or Distributor hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5, Build America, Buy America
Act. Pub. L. 117-58, div. G, tit. IX 70911 – 70927 (2021).
Date _________________________________________________________________________
Signature ______________________________________________________________________
Company Name ________________________________________________________________
Title __________________________________________________________________________
MANUFACTURER:
The Manufacturer hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and
the applicable regulations in 49 C.F.R. Part 661.5, Build America, Buy America Act. Pub. L. 117-58, div. G, tit. IX 70911 – 70927 (2021).
Date _________________________________________________________________________
Signature ______________________________________________________________________
Company Name ________________________________________________________________
Title
RFP 10146 Transfort Bus Shelters & Amenities Page 20 of 62
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
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 21 of 62
VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER 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 Service. The SERVICE PROVIDER agrees to provide Services in accordance with
any project Work Orders for , issued by the CITY. Such Work Orders will be
incorporated into this Agreement. A blank sample of a Work Order is attached hereto as
Exhibit A, consisting of [# of Pages] and incorporated herein. A general Scope of Services
is attached hereto as Exhibit B, consisting of [# of Pages] and incorporated herein. The
CITY reserves the right to independently solicit any project rather than issuing a Work Order
to the SERVICE PROVIDER for the same pursuant to this AGREEMENT. Irrespective of
references to certain named third parties within this AGREEMENT or any Work Order, the
SERVICE PROVIDER shall be solely responsible for performance of all duties hereunder.
The term Service as used in this AGREEMENT shall include the Services and deliverables
contained in any Work Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service. Changes
shall be agreed upon in writing by the parties by Change Order, a sample of which is
attached hereto as Exhibit C, consisting of [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be initiated as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties via a Change Order.
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 (1) year periods not to exceed [choose one] additional one-
year period(s). Renewals and pricing changes shall be negotiated by and agreed to by the
parties only at the time of renewal. Written notice of renewal shall be provided to the
SERVICE PROVIDER no later than thirty (30) days before AGREEMENT end. Should
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 22 of 62
written notice of renewal be delayed, the parties agree that this AGREEMENT may
automatically extend on a month-to-month basis until a renewal is completed. Upon
expiration of the final renewal term, the AGREEMENT may continue but not to exceed one
(1) year if required to complete any active Work Orders in accordance with Section 8-186
of City Code.
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 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:
SERVICE PROVIDER: CITY: Copy to:
Attn:
Email Address
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
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 [choose one] as
designated in Exhibit D, consisting of [# of Pages], attached and incorporated herein. At the
election of the CITY, each Work Order may contain a maximum fee, which shall be
negotiated by the parties. Partial payments based upon the SERVICE PROVIDER’s billings
and itemized statements are permissible as defined in the applicable Work Order. The
amounts of any partial payments shall be based upon the SERVICE PROVIDER’s City -
verified progress in completing the Service(s) to be performed pursuant to the Work Order
and upon approval of the SERVICE PROVIDER’s direct reimbursable expenses. Payment
shall be made following acceptance by the CITY of the Services.
Itemized 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 Certific ate of Exemption license number is
09804502. A copy of the tax exempt license is available upon written request.
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal to
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 23 of 62
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, agents 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 whatsoever claimed by SERVICE PROVIDER or third parties against the
CITY arising out of or related to this AGREEMENT (not limited to contract, tort, intellectual
property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY’s
costs and reasonable attorney fees.
10. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit
[choose one] consisting of [# of Pages], attached hereto 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 the 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 Work Order 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 utilize the Project Instruments for
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 24 of 62
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 under each applicable Work Order, 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 Project Manager will be shown on the specific Work Order
and shall make, within the scope of the CITY Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change orders and other clarification or instruction
shall be directed to the CITY Project Manager.
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 Work Order 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 any portion of the SERVICE PROVIDER’s compensation
hereunder for the payment of FICA, Worker’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
Work set forth in the subsequent Work Orders without the prior written consent of the CITY,
which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder
(with the consent of the CITY), then the following provisions shall apply:
a. the subcontractor 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;
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 25 of 62
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.
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 Serv ices shall not be construed to operate as a waiver of any rights or benefits
provided 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 shall be
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 twenty -four (24) 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
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 26 of 62
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.
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, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the 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 the 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 Denver 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 such 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 entity
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
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 27 of 62
the other. The other Agency shall be solely responsible for any debts, liabilities, damages,
claims or expenses incurred in connection with any agreement established solely between
the Agency and the SERVICE PROVIDER. The CITY’s concurrence hereunder is subject
to the SERVICE PROVIDER’s commitment that this authorization shall not have a negative
impact on the work to be completed for the CITY.
25. 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,
creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to CITY
policy, sexual orientation means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the CITY strictly
prohibits unlawful retaliation against a person who engages in protected activity. Protected
activity includes an employee complaining that 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.
26. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
SERVICE PROVIDER agrees to meet all the requirements of the Americans with Disabilities
Act of 1990, § 24-85-101, et seq., C.R.S., 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.
27. 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 Gov ernor’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 attorney 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
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 28 of 62
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).
28. 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
connected to the Services is subject to a duty of confidentiality with respect to the data. If
applicable, SERVICE PROVIDER shall require that any subc ontractors meet the obligations
of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT
and corresponding Work Orders. 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.
29. 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 Governm ental Immunity Act, C.R.S. § 24-10-101 and under any other applicable
law.
30. 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 that this AGREEMENT and any Work Orders, Amendments, Project
Instruments, and other documents in the CITY’s possession may be considered public
records subject to disclosure under CORA. The SERVICE PROVIDER hereby waives any
claim for damages against the CITY for the CITY’s efforts to comply with CORA.
31. Delay . Time is of the essence. Subject to the Force Majeure section of this AGREEMENT,
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.
32. 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
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 29 of 62
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 written notice to the CITY of
such condition within ten (10) days from the onset of such condition.
33. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages; Exhibit [choose one] – Federally Required
Contract Provisions, consisting of fourteen (14) pages; and Exhibit [choose one] – Davis
Bacon Prevailing Wage Rates, consisting of eight (8) pages, attached hereto and
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,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
35. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, 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]
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 30 of 62
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 31 of 62
EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
SERVICE PROVIDER agrees to perform the Service(s) identified above and on the attached
forms in accordance with and subject to the terms and conditions contained herein and in the Master Services Agreement (AGREEMENT) between the parties. This Work Order is
incorporated into the AGREEMENT, and the AGREEMENT and all prior amendments or other
modifications to the AGREEMENT, if any, remain in full force and effect. In the event of a conflict
between or ambiguity in the terms of the AGREEMENT and this Work Order (including the
attached forms) the AGREEMENT as set forth in the Order of Precedence section of the
AGREEMENT shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
SERVICE PROVIDER: ____________________________ Date: ___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 32 of 62
EXHIBIT B
GENERAL SCOPE OF SERVICES
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 33 of 62
EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: ____________________________ Date: ___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 34 of 62
EXHIBIT D
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 35 of 62
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.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 36 of 62
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 Confidential Information. The CITY and SERVICE PROVIDER
shall cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the parties.
SERVICE PROVIDER shall not use such information to obtain any economic or other benefit
for itself, or any third party, other than in the performance of obligations under this
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 37 of 62
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 f or release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, SERVICE PROVIDER must implement reasonable policies and procedures to
detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, SERVICE
PROVIDER must take appropriate steps to mitigate identity theft if it occurs with any of the
CITY’s covered information and must notify the CITY in writing within twenty -four (24) hours
of discovery of any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
SERVICE PROVIDER shall have in place information security safeguards designed to
conform to or exceed industry best practices regarding the protection of the confidentiality,
integrity and availability of Confidential Information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards
(the “Information Security Program”) shall be materially consistent with, or more stringent than,
the safeguards described in this Exhibit.
(a) SERVICE PROVIDER’s information security safeguards shall address the following
elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 38 of 62
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall
not release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions
of this AGREEMENT, including the data security measures described in this Exhibit, and
to require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor SERVICE
PROVIDER may use. Accordingly, any release of data, confidential information, or failure
to protect information under this AGREEMENT by a subcontractor or affiliated party shall be attributed to SERVICE PROVIDER and may be considered to be a material breach of
this AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the SERVICE PROVIDER can ensure security for the Confidential Information
so stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If SERVICE PROVIDER breaches any of the terms of this Exhibit, in
the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and
withdraw SERVICE PROVIDER’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 39 of 62
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 f or 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.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 40 of 62
EXHIBIT [CHOOSE ONE]
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL 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.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 41 of 62
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
Third Party Participants to permit, FTA to have access to the sites of performance of its
Award, the accompanying Underlying Agreement, and any Amendments thereto, and to
make site visits as needed in compliance with the U.S. DOT Common Rules.
6. Closeout. Closeout of the Award does not alter the record retention or access
requirements of this section of this Master Agreement.
3. FEDERAL CHANGES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
4. CIVIL RIGHTS (EEO, TITLE VI & ADA)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
The following requirements apply to the underlying contract:
a) The Recipient agrees that it must comply with applicable federal civil rights laws,
regulations, requirements, and guidance, and follow applicable federal guidance,
except as the Federal Government determines otherwise in writing. Therefore, unless
a Recipient or a federal program, including the Tribal Transit Program or the Indian
Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires
compliance with that civil rights statute, including compliance with equity in service.
b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees
to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination
based on the basis of race, color, religion, national origin, sex, disability, or age. (2)
Prohibit the: (a) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in
employment or a business opportunity identified in 49 U.S.C. § 5332, or (c)
Discrimination, including discrimination in employment or a business opportunity
identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular
4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance, and other applicable federal guidance that may be
issued, but (b) FTA does not require an Indian Tribe to comply with FTA program -
specific guidelines for Title VI when administering its Underlying Agreement supported
with federal assistance under the Tribal Transit Program.
c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant, will: (1) Prohibit discrimination based on
race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 42 of 62
“Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part
21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The
most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other
applicable federal guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a)
Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment
Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c)
Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations,
as provided in Federal guidance, including laws and regulations prohibiting
discrimination on the basis of disability, except as the Federal Government determines
otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants
for employment are employed and employees are treated during employment without
discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6
Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms
of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8
Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title
VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the
definition of "Employer". (3) Equal Employment Opportunity Requirements for
Construction Activities. In addition to the foregoing, when undertaking “construction”
as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to
comply, and assures the compliance of each Third Party Participant, with: (a) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, September 2019
Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal
laws and regulations, the Recipient agrees to facilitate, and assures that each Third-
Party Participant will facilitate, participation by small business concerns owned and
controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as
follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply
with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 43 of 62
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives planning,
capital and/or operating assistance and that will award prime third-party contracts
exceeding $250,000 in a federal fiscal year must have a DBE program meeting the
requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual
DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer
(TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, and (b)
Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle
purchase, the Recipient must submit to FTA the name of the TVM contractor and the
total dollar value of the third-party contract and notify FTA that this information has
been attached to FTA’s electronic award and management system, the Recipient must
also submit subsequent notifications if options are exercised in subsequent years to
ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. §
26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary
and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the
award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as
required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreem ent, 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,
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 44 of 62
as applicable, and 4 The following remedies, or such other remedy as the Recipient
deems appropriate, include, but are not limited to, withholding monthly progress
payments; assessing sanctions; liquidated damages; and/or disqualifying the
Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding
as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as provided
for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6101 et seq., which prohibits discrimination against individuals on the basis of age in
the administration of Programs, Projects, and related activities receiving federal
assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on
the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following federal prohibitions against discrimination on the basis of disability: (1)
Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of federally assisted Programs, Projects, or activities, (b) The
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., whic h 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.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 45 of 62
part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance,”
49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49
C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with
Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations,
“Nondiscrimination on the Basis of Disability in State and Local Government Services,”
28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal
Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part
64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology
Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation
for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable
federal civil rights and nondiscrimination guidance.
(i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The
Recipient agrees to comply with the confidentiality and civil rights protections of: (1)
The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et
seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The
Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.
(j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees
to promote accessibility of public transportation services to persons with limited
understanding of English by following: (1) Executive Order No. 13166, “Improving
Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
Reg. 74087, December 14, 2005.
(k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The
Recipient agrees to comply with other applicable federal nondiscrimination laws,
regulations, and requirements, and follow federal guidance prohibiting discrimination.
(l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws,
regulations, requirements, and guidance may be enforced as provided in those federal
laws, regulations, or requirements.
(m) Free Speech and Religious Liberty . The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and
public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination.
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 46 of 62
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
City requests which would cause the City to be in violation of the FTA terms and conditions.
6. ENERGY CONSERVATION REQUIREMENTS
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et. seq., and perform an energy assessment for any building constructed, reconstructed, or
modified with federal assistance required under FTA regulations, “Requirements for Energy
Assessments,” 49 CFR Part 622, subpart C.
7. VETERANS EMPLOYEMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the contractor agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the
skills and abilities required to perform construction work required under a third-party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
2. Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Contractor is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 47 of 62
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or
using such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200)
Applies to all contracts except micro-purchases.
a. Termination for Convenience. The City may terminate this Contract, in whole or in
part, for any reason, upon five (5) days written notice to the Contractor. In such event,
the City shall pay the Contractor its costs, including reasonable Contract close-out costs,
and profit on Work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City, the Contractor will
account for the same, and dispose of it in a manner the City directs.
b. Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization
or similar law, by or against Contractor, or the appointment of a receiver or similar officer
for Contractor or any of its property, which is not vacated or fully stayed within thirty (30)
days after the institution of such proceeding, will also constitute a breach. In the event
of a breach, the non-breaching Party may provide written notice of the breach to the
other Party. If the notified Party does not cure the breach, at its sole expense, within
thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its
remedies provided under this Contract or at law, including immediate termination of the
Contract.
10. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
Suspension and Debarment Executive.
The contractor attests that it is not listed on the government-wide exclusions in the System
for Award Management (SAM).
The Contractor agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 48 of 62
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov, if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov , if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED
TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS
Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is
required to “flow down” this requirement to subcontractors.
a. If a current or prospective legal matter that may affect the Federal Government emerges,
the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel
for the Region in which the Recipient is located. The Recipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party
Participant to include an equivalent provision in its subagreements at every tier, for any
agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying
Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify
the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
Counsel for the Region in which the Recipient is located, if the Recipient has
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 49 of 62
knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or
has or may have committed a criminal or civil violation of law pertaining to such
matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement,
bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal,
officer, employee, agent, or Third Party Participant of the Recipient. It also applies
to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is
not limited to, knowledge of a criminal or civil investigation by a Federal, state, or
local law enforcement or other investigative agency, a criminal indictment or civil
complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Recipient. In this paragraph, “promptly”
means to refer information without delay and without change. This notification
provision applies to all divisions of the Recipient, including divisions tasked with law
enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a
proportionate share of any proceeds recovered from any third party, based on the
percentage of the federal share for the Underlying Agreement. Notwithstanding the
preceding sentenc e, the Recipient may return all liquidated damages it receives to its
Award Budget for its Underlying Agreement rather than return the federal share of those
liquidated damages to the Federal Government, provided that the Recipient receives
FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under
any third party agreement or any federal, state, or local law or regulation.
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it
has certified that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
If contract exceeds $100,000 the contractor is required to sign the attached certification.
13. BUILD AMERICA, BUY AMERICA REQUIREMENTS
Applies to contracts exceeding $150,000 (When tangible property of construction is
acquired.)
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 50 of 62
Build America – Construction materials used in the Project are subject to the domestic
preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit.
IX, §§70911 – 70927 (2021), as implemented by the U.S. Office of Management and
Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that
this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with
49 U.S.C. 5323(j) apply to this contract.
Uniform Administrative Requirements. Compliance with FTA’s Buy America requirements
shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preference for Procurements”.
Limitations on Certain Rolling Stock Procurements . The contractor will comply with the
limitations on certain rolling stock procurements at 49 U.S.C. § 5323(u).
If contract exceeds $150,000, the contractor is required to sign the attached certification,
except those subject to a general waiver.
14. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
Applies to all contracts exceeding $150,000.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
15. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH –
(APPENDIX II TO PART 200)
Applies to all contracts over $250,000.
Breach. Any breach of the Contract by Contractor shall be governed by the termination and
remedies provisions of the Contract. Additionally, in the event that the City incurs damages
as a result of Contractor’s breach, the City may pursue recovery of such damages from
Contractor. The City further retains the right to seek specific performance of the Contract at
any time as authorized by law. The City further retains the right to otherwise pursue any
remedies available to the City as a result of the Contractor’s breach, including but not limited
to administrative, Contractual, or legal remedies, as well as any applicable sanctions and
penalties.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 51 of 62
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Contractor to suspend performance
of all or any portion of the Work pending necessary corrective action specified by the
City and without entitling Contractor to an increase in compensation or extension of the
performance schedule. Contractor must promptly stop performance and incurring costs
upon delivery of a notice of suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Contractor to correct
any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct
rejected Work at Contractor’s sole expense within the time frame established by the City.
Upon completion of the corrections satisfactory to the City, City will remit payment to
Contractor.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Contractor otherwise fails to provide or complete,
as determined by the City in its sole discretion. Upon City request, Contractor will
promptly refund any amounts prepaid by the City with respect to such non-compliant
Work.
d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents
from performance of the Work, if the City, in its sole discretion, deems any such person
to be incompetent, careless, unsuitable, or otherwise unacceptable.
16. CARGO PREFERENCE REQUIREMENTS
Applies to purchases of property suitable for shipment by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees comply
with the shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration
regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.
17. FLY AMERICA REQUIREMENTS
Applies to property or persons transported by air between U.S. and foreign destinations, or
between foreign locations.
Fly America Requirements. The contractor agrees to air transportation requirements of
Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as
amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA)
regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143.
18. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT)
Applies to all turnkey, rolling stock and operational contracts (excluding contracts for
transportation services exceeding $100,000.
The contractor agrees to comply and assures that each subcontractor will comply with all
federal laws, regulations, and requirements providing wage and hour protections for
nonconstruction employees, including Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 52 of 62
Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and
Safety Standards Act),” 29 CFR Part 5.
19. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 3%.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
20. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor’s receipt
of payment for that work from the City. In addition, the contractor may not hold retainage from
its subcontractors. The contractor must promptly notify the City whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its
work and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written
consent of the City.
21. 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.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 53 of 62
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
22. ADA ACCESS
Applies to contracts for rolling stock or facilities construction/renovation
1. The City must comply with 49 U.S.C. § 5332, which states the Federal policy that elderly
individuals and individuals with disabilities have the same right as other individuals to
use public transportation services and facilities, and that special efforts shall be made
in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities; all applicable
provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
794, which prohibits discrimination on the basis of disability; the Americans with
Disabilities Act of 1990 (ADA), as amended; 42 U.S.C. § 12101 et seq., which requires
that accessible facilities and services be made available to individuals with disabilities;
and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which
requires that buildings and public accommodations be accessible to individuals with
disabilities.
2. All deliverable items deliverable items provided by the contractor for the City under this
contract shall comply with the above-referenced laws as well as all other applicable
federal, state and local regulations and directives and any subsequent amendments
23. ASSIGNABILITY
Applies to all contracts except micro-purchases.
Neither the City nor the Contractor shall assign or transfer any of its rights or obligations
hereunder without the prior written consent of the other.
24. 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.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 54 of 62
25. 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.
26. 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.
27. 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.
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 55 of 62
EXHIBIT [CHOOSE ONE]
DAVIS BACON PREVAILING WAGE RATES
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 56 of 62
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 57 of 62
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 58 of 62
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 59 of 62
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 60 of 62
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 61 of 62
Official Purchasing Document
Last updated 5/2024
RFP 10146 Transfort Bus Shelters & Amenities Page 62 of 62