HomeMy WebLinkAboutRFP - 10206 Electrical Services On-CallRFP 10206 ELECTRICAL SERVICES ON-CALL Page 1 of 62
REQUEST FOR PROPOSAL
10206 ELECTRICAL SERVICES ON-CALL
RFP DUE: 3:00 PM MT (Mountain Time), October 30, 2025
The City of Fort Collins is requesting proposals from qualified contractors for one or multiple
experienced electrical contractors to perform needed electrical repair and maintenance on City
buildings and facilities.
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 Dennis Ralph, Senior Buyer at
dralph@fcgov.com, with a copy to Bryan Garrett, Project Manager, at bgarrett@fcgov.com,
no later than 3:00 PM MT on October 9, 2025. Please format your e-mail to include: RFP 10206
ELECTRICAL SERVICES ON-CALL 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):
91000 BUILDING MAINTENANCE, INSTALLATION AND REPAIR SERVICES
91082 Wiring and Other Electrical Maintenance and Repair Services
91438 Electrical
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
Financial Services
Purchasing Division
nd Floor
970.221.6775
fcgov.com/purchasing
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The City requires its Contractors 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 Contractors 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.
Contractors Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
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the current term or in any future terms.
The selected Contractor shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified contractors for one or
multiple experienced electrical contractors (the Contractor and Contractors) to perform
needed electrical repair and maintenance on City buildings and facilities.
B. Background
For work funded by the City estimated to cost less than $7,500, the City’s Project
Manager will contact one of the awarded Contractors to request a quote to perform the
work. When work is estimated to cost over $7,500 the City’s Project Manager may
request quotes from several of the awarded Contractors and the project work order will
be awarded to the lowest quote with consideration to when the Contractor can initiate
and complete the work.
For work funded utilizing federal funds the City’s Project Manager will contact several of
the awarded Contractors to request quotes for any work estimated to cost more than
$2,000.The work order will be awarded to the lowest quote with consideration to when
the Contractor can initiate and complete the work.
Contractors will perform a wide range of electrical type work to include repair,
maintenance, demolition and new installation on commercial City buildings and various
other City facilities. The Contractors will occasionally be required to perform non-
emergency work on weekends and outside normal business hours of 8:00am to 5:00pm,
Monday through Friday. The City expects quality work meeting or exceeding minimum
industry standards. Needed services during the contract period will be requested
through issuance of work orders. There is no guaranteed minimum amount of services
to be ordered. No work order exceeding $95,000 will be issued except as may be
approved from time-to-time by the Purchasing Director. The ceiling price for any work
order utilizing federal funds is $95,000. The City reserves the right to supply any or all
materials.
II. SCOPE OF PROPOSAL
A. Contractor Requirements
1. Must have licensed Master Electrician(s) on staff.
2. Minimum of a licensed Journeyman electrician to perform work.
3. Provide services as established in the work order during normal work hours. Provide
emergency or urgently requested services within four (4) hours of request.
4. Carry Insurance levels as required in the agreement.
5. Provide an after normal work hours phone number to be used by the City to request
emergency or urgently needed services.
6. Label all new panels, wiring and equipment that is installed.
7. Comply with City recycling and solid waste reduction policies.
8. Clean-up the job site at the end of each day and at work completion.
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9. Obtain any needed permits for repair or installation work and provide a copy of the
permit to City representative before work is started.
10. Perform all work in a safe manner utilizing appropriate Personal Protective Equipment
(PPE) and safe practices. Contractor shall furnish all equipment (ladders, test
equipment, etc.) required to perform the work safely and shall not utilize any City
equipment.
B. Work Order Procedure
1. All job cost estimates and invoices must be prepared using prices established in
section III-F, Cost and work Hours section.
2. Work Order number must be included on the billing invoices along with work address
and the name of the City’s Project Manager responsible for the work.
3. All changes to the scope of the work that impact cost or schedule must be approved
by the City with a signed change order.
C. Minimum Qualifications
A. Must have licensed Master Electrician(s) on staff.
B. A minimum of a Journeyman’s license is required to be on site and performing electrical
services for the City.
D. Special Provisions
A. POLICE FACILITIES – CJIS REQUIREMENTS (This requirement can be completed
after contract award and is not a prerequisite to submitting a proposal)
1. CJIS Security Compliance.
This Agreement is contingent upon the awarded Contractor(s) registering
in the Colorado Bureau of Investigation (CBI) CJIS Vendor Management
Program within 30 days of contract signing and obtaining and maintaining
CJIS Compliance and enrollment throughout the term of the Agreement.
Failure to comply with CJIS Security Policy/Compliance at any time will
immediately be cause for the termination of this agreement for default with
no remedy period. Note- If CBI is taking longer than 30 days to process
your application please notify FCPS Security for security for ongoing
escorting arrangements and escalation to CBI (pdsecurity@fcgov.com).
Enrollment in CBI’s CJIS Vendor Management Program can be completed
here: https://www.colorado.gov/pacific/cbi/cjis-vendor-management-
program
Forms and Detailed instructions:
https://www.colorado.gov/pacific/cbi/cjis-vendor-management-program-
vendor- instructions.
The Contractor is required to notify Fort Collins Police Services (FCPS) Security in
writing that registration has been submitted and when registration has been completed
and accepted by CBI. (pdsecurity@fcgov.com)
a. Contractor’s employees assigned to support the City under this Agreement
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will be required to be fingerprinted and subject to background check. The
CBI will assign a VCP number after enrollment in the CBI CJIS Vendor
Management Program. After assignment of the VCP number, contact Fort
Collins Police Services to schedule fingerprinting.
b. Security awareness training shall be completed as required by the CBI
CJIS Vendor Management Program within six months of initial
assignment and biennially thereafter, for all personnel who have access
to CJI.
- Level 1 CJIS Security Awareness Training is required.
- CJIS Security Awareness Training certificate renewal is required every two years
for each person requiring unescorted access. Note: It is the Contractors
responsibility to designate a Vendor Services Coordinator to manage their CJIS
Online portal that will be issued by CBI to ensure the right employees are
authorized to participate in the program. The Vendor Services Coordinator must
notify CBI of personnel changes (onboarding/offboarding/access level changes).
For example: If participating employees no longer work for the Contractor, the
Vendor Services Coordinator must notify the CBI's CJIS Vendor Management
Group immediately (CJIS Security Policy 5.12.2).
c. The Contractor shall be solely responsible for compliance to the CBI CJIS
Vendor Management Program.
E. 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: September 24, 2025
• Question deadline: 3:00 PM MT on October 9, 2025
• Final Addendum Issued: October 16, 2025
• Proposal due date: 3:00 PM MT on October 30, 2025
• Interviews (tentative): November 2025
• Award of Contract (tentative): January 2026
F. Interviews
In addition to submitting a written proposal, the top-rated Contractors 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.
G. Travel & Expenses
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Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Contractor will be required to
provide original receipts to the City for all travel expenses.
H. Subcontractors/Subconsultants
Contractor will be responsible for identifying any subcontractors and/or subconsultants in
their proposal. Please note that the City will contract solely with the awarded Contractor;
therefore, subcontractors and/or subconsultants will be the responsibility of the Contractor.
I. Financial Qualifications (CONFIDENTIAL)
Contractors selected as finalists may be required to submit a banking reference and the
most recent financial statement (audited preferred) including balance sheet and income
statement, as well as a statement of cash flows (the “Financial Information”).
J. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
K. Fees, Licenses, Permits
The successful Contractors shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
L. Laws and Regulations
The Contractor agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include American Disabilities
Act (ADA).
M. Work Orders
The awarded Contractor(s) will be required to sign the City’s Work Order Type Agreement,
a sample of which is attached as Section VI for reference purposes. In the event that the
City has agreements with multiple Contractors for the work, the City reserves the right to
request proposals for individual Work Order assignments from the awarded Contractors
or assign Work Orders directly to a Contractor at its sole discretion. Selection for individual
Work Orders may be based on, but not limited to, availability, approach, prior experience,
firm capability, and cost.
Individual work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Contractor, Project Manager and Purchasing Department representative. Depending on
the cost and nature of the work, additional signature authorization may be required. Any
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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 Contractor, project manager and Purchasing
Department representative.
N. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Contractor each month
following the submittal of a correct invoice by the Contractor indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type category,
hourly rate for each employee/work type category, date of the work performed specific to
the task, percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Contractor and the City will negotiate an appropriate unit price for the service prior to the
Contractor 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 Acknowlegement form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Contractors 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 Contractors
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
Contractors 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. Contractor Information
1. Describe the Contractor’s business and background
2. Number of years in the business
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3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
subcontractor.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Contractor authorizes
the City to verify any and all information contained herein and hereby releases all those
concerned providing information as a reference from any liability in connection with
any information provided.
5. Provide any information that distinguishes Contractor from its competition and any
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additional information applicable to this RFP that might be valuable in assessing
Contractor’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 Contractor.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and work Hours
In your response to this proposal, please complete the following:
Hourly rates charged for work ordered under this Agreement will be based on the project
funding source as follows:
Federal funded work:
a. Normal Hours (From A.M. To P.M.)
$ per hour (Journeyman) $ per hour (Apprentice)
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b. Overtime Rates:
$ per hour (Journeyman) $ per hour (Apprentice)
In accordance with 2 CFR 200.318(j)(1)(ii), for federally funded time and material
contracts direct labor hours must be changed at a fixed hourly rate that reflect
wages, general and administrative expenses, and profit.
• Note: Davis Bacon wages apply for Federally funded projects >$2,000
c. Material Costs:
Please indicate below the mark-up on materials:
At cost with no mark-up
In accordance with 2 CFR 200.318(j)(1)(i), for federally funded time and material
contracts materials must be invoiced based on the actual cost of the materials
with no mark-up.
Copies of material invoices are to be included with billing statements.
d. Trip Charges
The City does not pay trip charges or travel time for non-emergency service
work.
Emergency call-out trip charge, if any: $
e. Emergency Call-out
When the Contractor responds to an emergency call-out, the City will pay a
minimum of two (2) hours of the assigned technician's applicable rate. If
emergency repairs require more than eight (8) hours, the Contractor will be
expected to assign personnel to minimize overtime charges.
City funded work:
a. Normal Hours (From A.M. To P.M.)
$ per hour (Journeyman) $ per hour (Apprentice)
b. Overtime Rates:
$ per hour (Journeyman) $ per hour (Apprentice)
c. Material Costs:
Please indicate below the mark-up on materials:
Cost plus percent
Copies of material invoices are to be included with billing statements.
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d. Trip Charges
The City does not pay trip charges or travel time for non-emergency service
work.
Emergency call-out trip charge, if any: $
e. Emergency Call-out
When the Contractor responds to an emergency call-out, the City will pay a
minimum of two (2) hours of the assigned technician's applicable rate. If
emergency repairs require more than eight (8) hours, the Contractor will be
expected to assign personnel to minimize overtime charges.
1. Schedule of Rates: Provide a schedule of billing rates for federal funded projects and
City funded work by category of employee and job title for any other positions that may
be required during the term of the Agreement. This fee schedule will be firm for at least
one (1) year from the date of the Agreement. The fee schedule will be used as a basis
for quoting work as necessary for the specific project. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
2. For City funded work, all direct costs (i.e., travel, printing, postage, etc.) specifically
attributed to the project and not included in the billing rates must be identified.
Contractor will be required to provide original receipts to the City for all travel
expenses. For federal funded work, general and administrative expenses must be
incorporated in the hourly rate schedule.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Contractor. The Contractor 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.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Contractor hereby acknowledges receipt of the City of Fort Collins Request
for Proposal and acknowledges that the Contractor 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
Contractors 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 Contractors 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.
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of work,
or agreement?
4.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
3.0 Cost & work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the rates and mark-up competitive?
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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.
Contractor 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 10206 Electrical Services On Call and sample Agreement
except as otherwise noted. Additionally, Contractor 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
Contractor’s knowledge and belief.
b. Contractor 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. Contractor further agrees that the method of award is acceptable.
e. Contractor 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. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Contractor 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, Contractors 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:
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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.
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VI. 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], (Contractor).
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 Contractor 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 Contractor for the
same pursuant to this Agreement. Irrespective of references to certain named third parties
within this Agreement or any Work Order, the Contractor 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(Year) (the Effective Date)
and shall continue in full force and effect until , 20(Year), 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. [Any price changes shall not exceed percent (%) per annual
renewal]. Written notice of renewal shall be provided to the Contractor no later than thirty
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(30) days before Agreement end. Should 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 Contractor.
In the event of early termination by the City, the Contractor shall be paid for Services
rendered to the date of termination, subject only to the satisfactory performance of the
Contractor’s obligations under this Agreement. Contractor shall submit a final invoice within
ten (10) calendar days of the effective date of termination. Payment shall be the Contractor’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:
Contractor: City: Copy to:
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 Contractor [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 Contractor’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 Contractor’s City-verified progress in completing the Service(s) to
be performed pursuant to the Work Order and upon approval of the Contractor’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 Contractor following the
submittal of a correct itemized invoice by the Contractor. The City is exempt from sales and
use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the tax
exempt license is available upon written request.
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The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
8. Design and Service Standards. The Contractor 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 Contractor, and the Project Instruments as
defined in the Project Instruments and License Section below. The Contractor shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies from such standards.
9. Indemnification. The Contractor 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 Contractor 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 Contractor 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 Contractor 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
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Instruments for similar projects, provided however, in such event the Contractor 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
Contractor shall become the City’s property. The Contractor 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 Contractor 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 Contractor’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 Contractor and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Contractor shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
17. Subcontractors/Subconsultants. Contractor 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;
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
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d. the work of the subcontractor will be subject to inspection by the City to the same extent
as the work of the Contractor.
The Contractor 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 Contractor shall maintain a
copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance.
Upon request, the Contractor shall provide the City with a copy of the certificate(s) within
two (2) business days.
The Contractor 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 Contractor of responsibility for the quality or technical
accuracy of the Services. The City’s approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided the
City under this Agreement.
19. Warranty.
a. Contractor 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. Contractor warrants all equipment, materials, labor and other Services, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and Service quality for the original
manufacturer’s warranty term or a period beginning with the start of the Services and
ending twelve (12) months from and after final acceptance under the Agreement,
whichever is time is longer, regardless of whether the same were furnished or
performed by Contractor 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 Contractor in a manner
and at a time acceptable to City.
20. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, that party may be declared in default upon notice.
21. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
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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 Contractor. 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 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 Contractor. The City’s concurrence hereunder is subject to the Contractor’s
commitment that this authorization shall not have a negative impact on the work to be
completed for the City.
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25. Prohibition Against Unlawful Discrimination. The Contractor 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 Contractor 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
Contractor 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
Contractor, or which would be imposed on the City as a public entity.
27. Technology Accessibility. The Contractor represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Contractor 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 Contractor may be
required to demonstrate compliance. The Contractor 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 Contractor’s failure to comply with C.R.S. § 24-85-101, or the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
The City may require the Contractor’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).
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28. Data Privacy. Contractor 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). Contractor
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, Contractor shall
require that any subcontractors meet the obligations of Contractor with respect to any
personal data connected to this Agreement and corresponding Work Orders. The parties
agree that upon termination of the Services that Contractor 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. Contractor shall make available to the City all information necessary to demonstrate
compliance with the obligations of the Privacy Act. Contractor 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
Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable law.
30. Colorado Open Records Act. Contractor acknowledges that the City is a governmental entity
subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and
documents in the City’s possession may be considered public records subject to disclosure
under the CORA. The parties agree that this Agreement, all incorporated Exhibits, and all
future Work Orders, unless specifically marked as Confidential, are considered public
records under the CORA.
31. Delay. Time is of the essence. Subject to the Force Majeure section of this Agreement, if the Contractor is
temporarily delayed in whole or in part from performing its obligations, then the Contractor 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
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 Contractor must provide written notice to the City of such condition
within ten (10) days from the onset of such condition.
33. Dust Control. The Contractor shall abide by the City’s “Dust Control and Prevention
Manual,” which is available for public download at https://www.
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fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated
herein by this reference. The City has implemented this manual for all projects performed
for the City or located within Fort Collins city limits.
34. 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, attached hereto and incorporated herein.
35. 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.
36. 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 Contractor harmless;
requires the City to agree to binding arbitration; limits Contractor’s liability; or that conflicts
with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
CONTRACTOR
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:
Contractor 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)
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EXHIBIT B
GENERAL SCOPE OF SERVICES
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
CONTRACTOR: [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)
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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.
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EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
The Contractor will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Contractor shall furnish the City with certificates of insurance showing the type, amount, class of
operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Contractor, insurance as the City may deem proper
and may deduct the cost of such insurance from any monies which may be due or become due
the Contractor under this Agreement.
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
Contractor'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 Contractor shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this Agreement for all of
the Contractor'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 Contractor 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 Contractor shall maintain during the life of this Agreement
Automobile Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability
shall not be less than $1,000,000 combined single limits for bodily injury and property damage.
D. Errors and Omissions. The Contractor shall maintain errors and omissions insurance in the
amount of $1,000,000.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Contractor 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, Contractor 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 Contractor 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 Contractor shall cause
each of their directors, officers, employees, agents, representatives, and subcontractors to
become familiar with, and abide by, the terms of this Exhibit, which shall survive this
Agreement as an on-going obligation of the parties.
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Contractor shall not use such information to obtain any economic or other benefit for itself, or
any third party, other than in the performance of obligations under this Agreement.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, Contractor 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, Contractor 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.
Contractor 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) Contractor’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
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• 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. Contractor may use subcontractors, though such activity shall not release
or absolve Contractor 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 Contractor 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 Contractor
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 Contractor 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 Contractor breaches any of the terms of this Exhibit, in the City’s sole
discretion, the City may immediately terminate this Agreement and withdraw Contractor’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. Contractor Receiving Party acknowledges that the Disclosing Party may,
based upon the representations made in this Agreement, disclose security information that is
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critical to the continued success of the Discloser’s business. Accordingly, Receiving Party
agrees that the Disclosing Party does not have an adequate remedy at law for breach of this
Agreement and therefore, the Disclosing Party shall be entitled, as a non-exclusive remedy,
and in addition to an action for damages, to seek and obtain an injunction or decree of specific
performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy
any violation of this Agreement.
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Exhibit G
DAVIS BACON WAGE RATES
"General Decision Number: CO20250024 09/05/2025
Superseded General Decision Number: CO20240024
State: Colorado
Construction Type: Building
County: Larimer County in Colorado.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
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wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 02/07/2025
2 03/07/2025
3 03/14/2025
4 07/11/2025
5 07/18/2025
6 07/25/2025
7 09/05/2025
ELEC0068-002 06/01/2025
Rates Fringes
ELECTRICIAN......................$ 46.80 19.53
----------------------------------------------------------------
ELEV0025-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 56.57 38.435
FOOTNOTE:
a.Vacation: 6%/under 5 years based on regular hourly rate for
all hours worked. 8%/over 5 years based on regular hourly
rate for all hours worked.
b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence
Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday
after Thanksgiving Day; and Christmas Day.
----------------------------------------------------------------
ENGI0009-017 05/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR
(Crane)
141 tons and over...........$ 39.80 15.20
50 tons and under...........$ 35.78 15.20
51 to 90 tons...............$ 36.09 15.20
91 to 140 tons..............$ 37.34 15.20
----------------------------------------------------------------
IRON0024-009 11/01/2024
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Rates Fringes
IRONWORKER, ORNAMENTAL...........$ 39.21 12.50
----------------------------------------------------------------
IRON0024-010 11/01/2024
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 39.21 12.50
----------------------------------------------------------------
PAIN0079-009 08/01/2024
Rates Fringes
PAINTER (Spray)..................$ 27.41 11.56
----------------------------------------------------------------
* PAIN0419-002 06/01/2022
Rates Fringes
FLOOR LAYER: Carpet Only.........$ 16.25 ** 14.33
----------------------------------------------------------------
PLUM0003-010 06/01/2025
Rates Fringes
PLUMBER (Excludes HVAC Duct
and Pipe Installation)...........$ 47.23 21.68
----------------------------------------------------------------
* PLUM0208-011 09/01/2025
Rates Fringes
PIPEFITTER (Includes HVAC
Pipe Installation; Excludes
HVAC Duct Installation)..........$ 45.55 23.26
----------------------------------------------------------------
SHEE0009-007 07/01/2024
Rates Fringes
SHEET METAL WORKER (Includes
HVAC Duct Inst24allation;
Excludes HVAC Pipe
Installation)....................$ 39.47 21.78
----------------------------------------------------------------
* SUCO2013-010 07/31/2015
Rates Fringes
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ACOUSTICAL CEILING MECHANIC......$ 21.08 0.00
BRICKLAYER.......................$ 21.96 0.00
CARPENTER (Drywall
Finishing/Taping Only)...........$ 17.49 ** 0.00
CARPENTER (Drywall Hanging
Only)............................$ 16.91 ** 0.00
CARPENTER, Excludes
Acoustical Ceiling
Installation, Drywall
Finishing/Taping, and Drywall
Hanging..........................$ 21.87 4.83
CEMENT MASON/CONCRETE FINISHER...$ 21.44 10.23
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
System Insulation)...............$ 18.46 3.10
LABORER: Common or General......$ 13.87 ** 2.80
LABORER: Mason Tender - Brick...$ 15.99 ** 0.00
LABORER: Mason Tender -
Cement/Concrete..................$ 16.00 ** 0.00
LABORER: Pipelayer..............$ 16.96 ** 3.68
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 20.78 5.78
OPERATOR: Bobcat/Skid
Steer/Skid Loader................$ 18.58 2.42
OPERATOR: Grader/Blade..........$ 21.50 0.00
PAINTER (Brush and Roller).......$ 17.00 ** 1.81
ROOFER...........................$ 16.03 ** 0.00
TRUCK DRIVER: Dump Truck........$ 17.34 ** 0.00
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
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** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.75) or 13658
($13.30). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
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whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
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State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
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Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION"
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EXHIBIT H
FEDERAL TERMS AND CONDITIONS
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.
RECORDS RETENTIONS AND ACCESS TO SITES OF PERFOMRANCE
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
1. For a period of three years following Contract closing, the Contractor and its
subcontractors shall maintain, preserve and make available to the City, the FTA
Administrator, the Comptroller General of the United States, and any of their authorized
representatives, access at all reasonable times to any books, documents, papers and
records of Contractor which are directly pertinent to this Contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also agrees,
otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements
as set forth in the applicable U.S. DOT Common Rule.
2. The Contractor shall maintain and the City shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all prices, costs or rates
negotiated and invoiced in performance of this Contract. This right of examination shall
include inspection at all reasonable times of the Contractor’s offices engaged in
performing the Contract.
3. If this Contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final
termination settlement. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims arising under or
relating to this Contract until such appeals, litigation, or claims are finally resolved.
4. Access to Records and Reports” applies with equal force and effect to any
subcontractors hired by the Contractor to perform work under this Contract. The
Contractor shall insert this provision in all subcontracts under this Contract and require
subcontractor compliance therewith.
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
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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.
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.
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
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Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT
regulations, “Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation – Effectuation of Title VI of the Civil Rights Act of
1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. §
5332, and (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title
VI Requirements and Guidelines for Federal Transit Administration Recipients,”
to the extent consistent with applicable federal laws, regulations, requirements,
and guidance, (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil
Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other applicable federal
guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and:
(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§ 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246,
“Equal Employment Opportunity,” as amended by Executive Order No. 11375,
“Amending Executive Order No. 11246, Relating to Equal Employment
Opportunity,” 42U.S.C. § 2000e note, (c) Comply with Federal transit law,
specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with FTA
Circular 4704.1other applicable EEO laws and regulations, as provided in
Federal guidance, including laws and regulations prohibiting discrimination on
the basis of disability, except as the Federal Government determines otherwise
in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for
employment are employed and employees are treated during employment
without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex,
5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes,
but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3Employment, 4
Rates of pay, 5 Other forms of compensation, 6 Selection for training, including
apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11
Terminations, but (b) Indian Tribe. Title VII of the Civil Rights Act of 1964, as
amended, exempts Indian Tribes under the definition of "Employer". (3) Equal
Employment Opportunity Requirements for Construction Activities. In addition
to the foregoing, when undertaking “construction” as recognized by the U.S.
Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures
the compliance of each Third Party Participant, with: (a) U.S. DOL regulations,
“Office of Federal Contract Compliance Programs, September 2019 Equal
Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating
to Equal Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable
federal laws and regulations, the Recipient agrees to facilitate, and assures that
each Third-Party Participant will facilitate, participation by small business
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concerns owned and controlled by socially and economically disadvantaged
individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs),
in the Underlying Agreement as follows: (1) Statutory and Regulatory
Requirements. The Recipient agrees to comply with: (a) Section 1101(b) of the
FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT regulations, “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law,
specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives
planning, capital and/or operating assistance and that will award prime third-
party contracts exceeding $250,000 in a federal fiscal year must have a DBE
program meeting the requirements of 49 C.F.R. Part 26, which is approved by
FTA, and establish an annual DBE participation goal. (3) Special Requirements
for a Transit Vehicle Manufacturer (TVM). The Recipient agrees that: (a) TVM
Certification. Each TVM, as a condition of being authorized to bid or propose
on FTA-assisted transit vehicle procurements, must certify that it has complied
with the requirements of 49 C.F.R. part 26, and (b) Reporting TVM Awards.
Within 30 days of any third-party contract award for a vehicle purchase, the
Recipient must submit to FTA the name of the TVM contractor and the total
dollar value of the third-party contract and notify FTA that this information has
been attached to FTA’s electronic award and management system, the
Recipient must also submit subsequent notifications if options are exercised in
subsequent years to ensure the TVM is still in good standing. (4) Assurance.
As required by 49 C.F.R. § 26.13(a): (a) Recipient Assurance. The Recipient
agrees and assures that: 1 It must not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any FTA or U.S. DOT-
assisted contract, or in the administration of its DBE program or the
requirements of 49 C.F.R. part 26, 2 It must take all necessary and reasonable
steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and
administration of U.S. DOT- assisted contracts, 3 Its DBE program, as required
under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreement, and 4 Implementation
of its DBE program approved by U.S. DOT is a legal obligation and failure to
carry out its terms shall be treated as a violation of this Master Agreement. (b)
Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The
Recipient agrees and assures that it will include the following assurance in each
subagreement and third party contract it signs with a Subrecipient or Third Party
Contractor and agrees to obtain the agreement of each of its Subrecipients,
Third Party Contractors, and Third Party Subcontractors to include the following
assurance in every subagreement and third party contract it signs: 1 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor
must not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any FTA or U.S. DOT-assisted subagreement, third
party contract, and third party subcontract, as applicable, and the administration
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of its DBE program or the requirements of 49 C.F.R. part 26, 2 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor
must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, third party contracts, and third party subcontracts, as
applicable, 3 Failure by the Subrecipient and any of its Third Party Contractors
or Third Party Subcontractors to carry out the requirements of this
subparagraph 13.d(4)(b) is a material breach of this subagreement, third party
contract, or third party subcontract, as applicable, and 4 The following
remedies, or such other remedy as the Recipient deems appropriate, include,
but are not limited to, withholding monthly progress payments; assessing
sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third
Party Contractor, or Third Party Subcontractor from future bidding as non-
responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as
provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with
federal prohibitions against discrimination on the basis of sex, including: (1)
Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681
et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financial Assistance,” 49
C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with
federal prohibitions against discrimination on the basis of age, including: (1)
The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which
prohibits discrimination on the basis of age, (2) U.S. Equal Employment
Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in
Employment Act,” 29 C.F.R. part 1625, (3) The Age Discrimination Act of 1975,
as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against
individuals on the basis of age in the administration of Programs, Projects, and
related activities receiving federal assistance, (4) U.S. Health and Human
Services regulations, “Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and (5)
Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply
with the following federal prohibitions against discrimination on the basis of
disability: (1) Federal laws, including: (a) section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the
basis of disability in the administration of federally assisted Programs, Projects,
or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as
amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities
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and services be made available to individuals with disabilities: 1 For FTA
Recipients generally, Titles I, II, and III of the ADA apply, but 2 For Indian Tribes,
Titles II and III of the ADA apply, but Title I of the ADA does not apply because
it exempts Indian Tribes from the definition of “employer,” (c) The Architectural
Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires
that buildings and public accommodations be accessible to individuals with
disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now
includes disability as a prohibited basis for discrimination, and (e) Other
applicable federal laws, regulations and requirements pertaining to access for
seniors or individuals with disabilities. (2) Federal regulations, including: (a)
U.S. DOT regulations, “Transportation Services for Individuals with Disabilities
(ADA),” 49 C.F.R. part 37, (b) U.S. DOT regulations, “Nondiscrimination on the
Basis of Disability in Programs and Activities Receiving or Benefiting from
Federal Financial Assistance,” 49 C.F.R. part 27, (c) Joint U.S. Architectural
and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT
regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (d) U.S.
DOT regulations, “Transportation for Individuals with Disabilities: Passenger
Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations, “Nondiscrimination on
the Basis of Disability in State and Local Government Services,” 28 C.F.R. part
35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by
Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g)
U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal
Communications Commission regulations, “Telecommunications Relay
Services and Related Customer Premises Equipment for Persons with
Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations,
“Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part
1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped
Persons,” 49 C.F.R. part 609, and (k) Other applicable federal civil rights and
nondiscrimination guidance.
(i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The
Recipient agrees to comply with the confidentiality and civil rights protections of: (1)
The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et
seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The
Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.
(j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees
to promote accessibility of public transportation services to persons with limited
understanding of English by following: (1) Executive Order No. 13166, “Improving
Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
Reg. 74087, December 14, 2005.
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(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.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
City requests which would cause the City to be in violation of the FTA terms and conditions.
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.
VETERANS EMPLOYMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the contractor agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the
skills and abilities required to perform construction work required under a third-party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
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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.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Contractor is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using
such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
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
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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.
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
Suspension and Debarment Executive.
The contractor attests that it is not listed on the government-wide exclusions in the System
for Award Management (SAM).
The Contractor agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov, if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov, if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
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
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agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying
Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify
the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
Counsel for the Region in which the Recipient is located, if the Recipient has
knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or
has or may have committed a criminal or civil violation of law pertaining to such
matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement,
bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal,
officer, employee, agent, or Third Party Participant of the Recipient. It also applies
to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is
not limited to, knowledge of a criminal or civil investigation by a Federal, state, or
local law enforcement or other investigative agency, a criminal indictment or civil
complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Recipient. In this paragraph, “promptly”
means to refer information without delay and without change. This notification
provision applies to all divisions of the Recipient, including divisions tasked with law
enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a
proportionate share of any proceeds recovered from any third party, based on the
percentage of the federal share for the Underlying Agreement. Notwithstanding the
preceding sentence, the Recipient may return all liquidated damages it receives to its
Award Budget for its Underlying Agreement rather than return the federal share of those
liquidated damages to the Federal Government, provided that the Recipient receives
FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under
any third party agreement or any federal, state, or local law or regulation.
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Applies to all contracts except micro-purchases.
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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.
INCREASING SESAT 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.
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.
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.
BUILD AMERICA, BUY AMERICA REQUIREMENTS
Applies to contracts exceeding $150,000 (When tangible property of construction is
acquired.)
Build America – Construction materials used in the Project are subject to the domestic
preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit.
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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.
CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTT
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.
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.
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.
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DAVIS-BACON ACT (APPENDIX II TO PART 200)
Applies to all prime construction contracts in excess of $2,000.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Contractor must fully comply with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction”). In accordance
therewith, Contractor must pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, Contractors must be required to pay wages not less than once a week.
The applicable Davis-Bacon Wage Determination is attached hereto.
COPELAND ANTI-KICKBACK ACTS (APPENDIX II TO PART 200)
Applies to all prime construction contracts in excess of $2,000.
Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Contractor must fully comply with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
work Financed in Whole or in Part by Loans or Grants from the United States”). Pursuant to
the Act, Contractor is prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The City shall report all suspected or reported
violations of the Copeland “Anti-Kickback” Act to the Federal awarding agency.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO PART 200)
Applies to all contracts over $100,000 that involve the employment of mechanics or laborers.
Contractor must fully comply with the Contract work Hours and Safety Standard Act (40
U.S.C. 3701-3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required
to compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or Contracts for transportation
or transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (a) of this section the contractor and any
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subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (a) of this section, in the sum
of $26 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its
own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
BONDING REQUIREMENTS (2 CRF 200.326)
Applies to construction or facility improvement contracts or subcontracts exceeding the
Simplified Acquisition Threshold ($250,000).
Except where the Federal awarding agency or pass-through entity has made a
determination that alternative bonding policy and requirements adequately protect the
Federal interest, Contractor agrees to comply with the following minimum bonding
requirements:
a. Contractor must provide a bid guarantee equivalent to five percent of the bid price. The
"bid guarantee" must consist of a firm commitment such as a bid bond, certified check,
or other negotiable instrument accompanying a bid as assurance that the Contractor
will, upon acceptance of the bid, execute such Contractual documents as may be
required within the time specified.
b. Contractor must provide a performance bond on the part of the Contractor for 100
percent of the Contract price. A "performance bond" is one executed in connection with
a Contract to secure fulfillment of all the Contractor's obligations under such Contract.
c. Contractor must provide a payment bond on the part of the Contractor for 100 percent
of the Contract price. A "payment bond" is one executed in connection with a Contract
to assure payment as required by law of all persons supplying labor and material in the
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execution of the work provided for in the Contract.
EQUAL EMPLOYMENT OPPORTUNITY (APPENDIX II TO PART 200)
Applies to all contracts that meet the definition of “federally assisted construction contract”.
Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity
Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b)
(Federal Assisted Construction Contracts), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.” Contractor further agrees to include this provision, including the Equal Opportunity
Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
(4) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other Contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
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(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government Contracts or federally assisted construction
Contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (8) in every subContract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subContract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or Contract
modification subject to Executive Order 11246 of September 24, 1965, with a Contractor
debarred from, or who has not demonstrated eligibility for, Government Contracts and
federally assisted construction Contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon Contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
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applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (Contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government Contracts and subcontracts,
including Government bills of lading, transportation requests, Contracts for deposit
of Government funds, and Contracts for issuing and paying U.S. savings bonds and
notes, and such other Contracts and subcontracts as the Director of OFCCP may
designate.
(e) Incorporation by operation of the order. By operation of the order, the equal
opportunity clause shall be considered to be a part of every Contract and subcontract
required by the order and the regulations in this part to include such a clause whether
or not it is physically incorporated in such Contracts and whether or not the Contract
between the agency and the Contractor is written.
(f) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
SEISMIC SAFETY REQUIREMENTS
Applies to contracts for construction of new buildings or additions to existing buildings.
Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part
41 and will certify to compliance to the extent required by the regulation. The contractor
also agrees to ensure that all work performed under this contract including work performed
by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
SPECIAL DOL CLAUSE
Applies to contracts for construction exceeding $10,000.
41 CFR Part 60 – See Section 15 – Contract Clause Civil Rights Requirements
RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
Appendix II to Part 200
Applies to “funding agreement” under 37 CFR Part §401.2(a)
Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by
the Contractor or the City with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
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research work under that “funding agreement,” the parties must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Contracts,” and any implementing regulations issued by the awarding agency.
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 2.29%. A contract goal of % DBE participation has been
established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for in
49 CFR 26.53. Award of this contract is conditioned on submission of the following
concurrent with and accompanying sealed bid:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders must present the information required above as a matter of responsiveness (see
49 CFR 26.53(3)).
{If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained through
race-neutral means throughout the period of performance.
PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
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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.
6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322)
Applies to all contracts except micro-purchases.
Recovered Materials - All parties agree to comply with all applicable requirements of
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247
that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
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
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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
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.
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.