HomeMy WebLinkAboutRFP - P887 COMPRESSED NATURAL GAS FUELING FACILITYCity of Fort Collins
Administrative Services
Purchasing Division
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
Proposal Number P-887
Compressed Natural Gas Fueling Facility
The City of Fort Collins is soliciting proposals for the purchase and installation of a "fast -fueling"
compressed natural gas (CNG) fuel facility.
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 2:30p.m. (our
clock), May 28, 2003. Proposal No. P-887. If delivered, they are to be sent to 215 North Mason
Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
A pre -proposal conference will take place on May 9, 2003, at 11:00a.m., at the Transfort Facility,
6570 Fortner Road, Fort Collins, CO.
Questions concerning the scope of the project should be directed to Dave Leicester, Project
Manager, (970) 221-6625.
Questions regarding proposals submittal or process should be directed to Jim Hume, CPPO, Senior
Buyer, (970) 221-6776.
A copy of the Proposal may be obtained as follows:
1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #30887.
2. Download the Proposal/Bid from the Purchasing Webpage,
www.fcqov.com/purchasing.
3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a
copy of the Bid.
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.
215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
COMPANY NAME
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Seal)
Exhibit C: Federal Requirements
TABLE OF CONTENTS
Buy America Requirements
Page 2
Cargo Preference Requirements
Page 2
Seismic Safety Requirements Page 2
Energy Conservation Requirements
Page 2
Clean Water Requirements
Page 2-3
Bus Testing
Page 3
Pre -Award and Post Deliver Audits
Page 3
Lobbying
Page 3
Access to Records and Reports
Page 3-4
Federal Changes
Page 4
Clean Air
Page 4
Recycled Products
Page 5
No Government Obligation to Third Parties
Page 5
Program Fraud and False or Fraudulent Statements Page 5
Termination
Page 6-8
Governmentwide Debarment and Suspension
(Nonprocurement)
Page 8-9
Privacy Act
Page 9
Civil Rights Requirements
Page 9-10
Breaches and Dispute Resolution
Page 10
Patent and Rights in Data
Page 11
Disadvantaged Business Enterprise (DBE)
Page 11-13
Interests of Members of or Delegates to Congress
Page 13
Prohibited Interest
Page 13
Incorporation of Federal Transit
Administration (FTA) Terms
Page 14
ATTACHMENTS:
Attachment 1
Buy America Requirements 1 page
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans,
and Cooperative Agreements 1 page
BUY AMERICA REQUIREMENTS
49 U.S.C. 53230)49 CFR Part 661
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C. 53230) and
49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA-funded projects are produced in the United States, unless a
waiver has been granted by FTA or the product is subject to a general waiver. General waivers are
listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and
15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and
small purchases (currently less than $100,000) made with capital, operating, or planning funds.
Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling
stock not subject to a general waiver must be manufactured in the United States and have a 60
percent domestic content.
CARGO PREFERENCE REQUIREMENTS
46 U.S.C. 1241
46 CFR Part 381
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately
owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent
such vessels are available at fair and reasonable rates for United States -Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments originating within the
United States or within 30 working days following the date of leading for shipments originating
outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in
English for each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the
FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.) c. to include
these requirements in all subcontracts issued pursuant to this contract when the subcontract may
involve the transport of equipment material or commodities by ocean vessel
SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49 CFR Part 41
Not applicable
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq. 49 CFR Part 18
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act.
CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et
seg . The Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure notification
to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
BUS TESTING
49 U.S.C. 5323(c)49 CFR PART 665
Not Applicable
PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 U.S.C. 5323 49 CFR PART 663
Not Applicable
LOBBYING
31 U.S.C. 135249 CFR Part 1949 CFR Part 20
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act
of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.]
- Contractors who apply or bid for an award of $100,000 or more shall file the certification required
by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above 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. Each tier shall also disclose
the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to
records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to
provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any
of their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to
provide the FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital project, defined at
49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2. Not applicable
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under
the simplified acquisition threshold and is an institution of higher education, a hospital or other
non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the
Comptroller General of the Unites States or any of their duly authorized representatives with access
to any books, documents, papers and record of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make
available records related to the contract to the Purchaser, the Secretary of Transportation and the
Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of this
contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
FEDERAL CHANGES
49 CFR Part 18
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
Agreement (Form FTA MA (2) dated October, 1995) 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.
CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.. The Contractor agrees
to report each violation to the Purchaser and understands and agrees that the Purchaser
will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
RECYCLED PRODUCTS
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of
the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but
not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES 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 subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C.5307
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining
to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the
Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.Z307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The City of Fort Collins may
terminate this contract, in whole or in part, at any time by written notice to the Contractor when it
is in the Government's best interest. The Contractor shall be paid its costs, including 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 of Fort Collins to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City of Fort Collins, the Contractor
will account for the same, and dispose of it in the manner the City of Fort Collins directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does
not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may
terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for
not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the City of Fort Collins, after setting up a new delivery of performance
schedule, may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion
may, in the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination will state
the time period in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by
Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or
default, the City of Fort Collins shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate to
preclude the City of Fort Collins from also pursuing all available remedies against Contractor and
its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to
waive its remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies
for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any extension or if
the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins
may terminate this contract for default. The City of Fort Collins shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The Contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the termination
had been issued for the convenience of the Recipient.
f. Termination for Default (Transportation Services)
Not Applicable
g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within the time
specified in this contract or any extension or fails to complete the work within this time, or if the
Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may
terminate this contract for default. The City of Fort Collins shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within specified
time, whether or not the Contractor's right to proceed with the work is terminated. This liability
includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor changed with
damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of God,
acts of the Recipient, acts of another Contractor in the performance of a contract with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort
Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is
excusable, the time for completing the work shall be extended. The judgment of the City of Fort
Collins shall be final and conclusive on the parties, but subject to appeal under the Disputes
clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be the
same as if the termination had been issued for the convenience of the Recipient.
h. Termination for Convenience or Default (Architect and Engineering)
Not applicable.
i. Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins
may terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the City of Fort
Collins or for the default of the Contractor. If the termination is for default, the notice shall state
the manner in which the contractor has failed to perform the requirements of the contract. The
Contractor shall account for any property in its possession paid for from funds received from the
City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the
termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a fee,
to be paid the contractor in proportion to the value, if any, of work performed up to the time of
termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins
and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its
Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to
the Work performed up to the time of termination.
If, after serving a notice of termination for default, the City of Fort Collins determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events which
are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after
setting up a new work schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)49 CFR Part
29
Executive Order 12549
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier
participant is providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in addition to
other remedies available to the Federal Government, the City of Fort Collins may pursue
available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to
the City of Fort Collins if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower
tier covered transaction," :"participant," "persons," "lower tier covered transaction," "principal,"
,'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part
29]. You may contact the City of Fort Collins for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized in writing by
the City of Fort Collins.
6. The prospective lower tier participant further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous, A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List issued by U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment
of system of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9• Except for transactions authorized under Paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to all remedies available to the Federal Government, the City of Fort
Collins may pursue available remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or
proposal, that neither it nor its "principals" [as defined at 49 C.F.R. 29.105(p)] is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those
files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts. The Federal Privacy Act requirements flow down to each
third party contractor and their contracts at every tier.
(1) The Contractor agrees to comply with, and assures the compliance of its
employees with, the information restrictions and other applicable requirements of the Privacy Act
of 1974, 5 U.S.C. 552a. Among other things, the Contractor agrees to obtain the express
consent of the Federal Government before the Contractor or its employees operate a system of
records on behalf of the Federal Government. The Contractor understands that the
requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act,
apply to those individuals involved, and that failure to comply with the terms of the Privacy Act
may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract
to administer any system of records on behalf of the Federal Government financed in whole or in
part with Federal assistance provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. 623, 42 U.S.C.12000
42 U.S.C. 6102, 42 U.S.C.412112
42 U.S.C. 12132, 49 U.S.C.3332-
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.. T102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit
law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulations and
other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights
Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C.Z332, the Contractor
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Perely,
C�s B. O'Neill ll, CPPO, FNIGP
or of Purchasing & Risk Management
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = ., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment
Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construction activities undertaken
in the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. 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. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C.Z332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18
FTA Circular 4220.1 D
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of the City
of Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall
be afforded an opportunity to be heard and to offer evidence in support of its position. The
decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall
abide be the decision.
Performance During Dispute - Unless otherwise directed by the City of Fort Collins, Contractor
shall continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City of Fort Collins and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually agree,
or in a court of competent jurisdiction within the State in which the City of Fort Collins is located.
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law. No action or failure to
act by the City of Fort Collins, (Architect) or Contractor shall constitute a waiver of any right or
duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Not applicable — applies only to development and research work
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the
maximum opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part
23 apply to this agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409
CFR Part 23, have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this Agreement. In
this regard, all grantees and vendors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT -assisted contracts.
Disadvantaged Business Enterprise Provision
1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to
match projected procurements with available qualified disadvantaged businesses. the City of
Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for
Disadvantaged Business Enterprises have been established by the City of Fort Collins as set
forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and
amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is
considered pertinent to any contract resulting from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special
Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and
good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the
Contractor noncompliant and in breach of contract. If a goal is not stated in the Special
Specifications, it will be understood that no specific goal is assigned to this contract.
(a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in
Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987,
shall have the maximum opportunity to participate in the performance of Contract financed in
whole or in part with federal funds under this Agreement. Consequently, the DBE requirements
of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of
the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Agreement. In this regard, the Contractor shall take all
necessary and reasonable steps in accordance with the regulations to ensure that DBEs have
the maximum opportunity to compete for and perform subcontracts. The Contractor shall not
discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in
the award and performance of subcontracts.
It is further the policy of the City of Fort Collins to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all
phases of the City of Fort Collins procurement activities are encouraged.
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that
disadvantaged businesses have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with federal funds provided under the
Agreement. In that regard, all Contractors and subcontractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority
business enterprises have the maximum opportunity to compete for and perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts to involve DBEs in the work provided, the City of Fort Collins may declare the contractor
noncompliant and in breach of contract.
(d) The Contractor will keep records and documents for a reasonable time following
performance of this contract to indicate compliance with the City of Fort Collins DBE program.
These records and documents will be made available at reasonable times and places for
inspection by any authorized representative of the City of Fort Collins and will be submitted to
the City of Fort Collins upon request.
(e) the City of Fort Collins will provide affirmative assistance as may be reasonable and
necessary to assist the prime contractor in implementing their programs for DBE participation.
The assistance may include the following upon request:
Identification of qualified DBE
Available listing of Minority Assistance Agencies
" Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of
the stock of which is owned by one or more socially and economically disadvantaged individuals;
and
ii. Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in the case of
any publicly owned business, at least 51 % of the stock of which is owned by one or more
women individuals; and
iv. Whose management and daily business operations are controlled by one or more
women individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix B - (Section 106(c)) Determinations of Business Size.
(c) "Socially and economically disadvantaged individuals" means those individuals who are
citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully
admitted permanent residents) and who are black Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other
minorities or individuals found to be disadvantaged by the Small Business Administration
pursuant to section 8(a) of the Small Business Act.
i. "Black Americans", which includes persons having origins in any of the Black racial groups of
Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or
South American, or other Spanish or Portuguese culture or origin, regardless of race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or
Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust
Territories of Pacific, and the Northern Marianas;
v. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan,
and Bangladesh.
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any share
or part of this Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
No employee, officer, or agent of the grantee shall participate in selection, or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such
conflict would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner; or an
organization which employs, or is about to employ, has a financial or other interest in the firm
selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or parties
of subagreements.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.I13
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 4220.1 D, dated April 15, 1996, 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 the
City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the
FTA terms and conditions.
Attachment 1
BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and
the applicable regulations in 49 CFR Part 661.
Date
Signature
Company Name
Title
Attachment 1
BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all
bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This
requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Non -Compliance with 49 U.S.C. 5323(f)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or
(j)(2)(D) and the regulations in 49 CFR 661.7.
Date
Signature
Company Name
Title
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein
has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L.
104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.]
The Contractor, , certifies or affirms the
Truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification and disclosure, if any.
Official
Date
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized
Proposal No. P- 887
COMPRESSED NATURAL GAS FUELING FACILITY
Section 1.0: Proposal Requirements
1.1 General Description
The City of Fort Collins is soliciting proposals for the purchase and installation of a "fast -fueling"
compressed natural gas (CNG) fuel facility to be located at the Transfort Facility, 6570 Portner
Road, Fort Collins, CO.
1.2 Proposal Submittal
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
Firms submitting proposals shall submit five (5) copies of the proposal with the following information:
a. Company history and experience in CNG fueling facility design and installation, as
described in the scope of work.
b. The name of the company representative responsible for coordinating with City
representatives during the procurement, design and installation of a CNG facility.
C. References from five or more governmental organizations which have used your
company for similar products and services within the last two years.
d. A written description of the proposed products and services as required below.
e. Pricing, as requested.
The proposal must be signed by a duly authorized representative of the firm submitting the proposal.
The signature shall include the title of the individual signing the proposal.
Section 2.0: Background
The City intends to have one third of its fleet fueled by CNG. Beginning with two cutaway buses to
be purchased in 2003, the City will be adding a total of five to seven cutaway buses and eight full
size buses to the Transfort bus fleet. These CNG units should all be in the fleet by the end of 2005
will represent approximately one-third of the Transfort fleet. Although purchase and installation of
CNG fueling equipment may be phased in over the next two years, submitted proposals must
consider the full demand for CNG refueling, as currently planned. Any proposed facility should be
modular in design and easily upgradeable to meet future needs.
Section 3.0: Scope of Work
Construction: All phases of site preparation, installation, setup, and training will be handled by the
selected contractor. Depending on the configuration of the proposed facility, some concrete work
may be required. The attached drawing (Exhibit A) shows the layout of the site, including the
existing propane fuel tank and pump. Onsite power is currently 110/220V. The backup generator
located at Transfort is a 350hp, 301 amp, 277/480v, 250KVA unit. If this generator does not have
enough capacity to operate a single CNG compressor for an extended period, include pricing for a
suitable generator in your proposal.
Dispensing capacity: Beginning in 2003 with two cutaways, the City's fleet of CNG buses will
increase to about seven cutaway buses with a capacity of 30 gallons each and eight full-size buses
with a capacity of 70 gallons each. Ideally, the proposed system should be able to refuel all
vehicles within a four-hour time period. In addition, the system must have enough capacity so
refueling be accomplished in a timely manner even if one of the compressors is out of service.
There is almost no backup fueling capacity available in the local area.
Long-term demand, per unit:
Range Annual Annual Optimum
Vehicles per day Mileage Fuel Usage Fueling window
Cutaway buses 175 40,000 4,000 (10MPG) 6 pm —10 pm
Full-size buses 250 75,000 18,750 (4 MPG) 6 pm —10 pm
Fuel Tracking: Provide cost for the Dispensers to interface with our Fuelmaster FMU-2500 fuel
management tracking system.
Maintenance: Provide pricing for optional maintenance agreement covering repairs and services,
including software and hardware upgrades, if available. The City needs a response time of less
than 12 hours. Include a recommendation of spare parts that could be installed by our trained
technicians.
Modular system: Proposed systems should be designed to be modular, allowing rapid replacement
of failed components. System design should allow additional components, such as compressors,
storage tanks to be added as needed, with minimal disruption to facility operation.
Emergency Fueling Plan: System design must include a minimum of two compressors in order to
provide system redundancy. Provide a proposed plan for refueling vehicles in the event part of the
facility fails.
Section 4.0: Pricing
In your written response to this proposal provide pricing to cover the following items:
1. Complete CNG refueling facility, as specified.
2. Cost for site preparation including natural gas and electrical hookups.
3. Installation costs.
4. Training costs.
5. Interface for Fuelmaster FMU-2500.
6. Maintenance agreement costs
7. Spare parts cost.
8. Cost for a gas detection and safety system.
9. Cost for a de -fueling setup.
10. Cost for backup generator, if the onsite unit does not have enough capacity.
11. Additional pricing, if needed.
Section 5.0: Evaluation
5.1 Evaluation and Assessment of Proposal
An evaluation committee shall rank the interested firms based on their written proposals using the
ranking system set forth below. Firms shall be evaluated on the following criteria. The rating scale
shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating.
Recommended weighing factors for the criteria are listed adjacent to the qualification.
The award may be made based solely on an evaluation of written proposals, or up to four firms may
be selected for further evaluation via interviews/demonstrations. Such interviews/demonstrations
shall be evaluated using the same criteria and rating method.
Weighting
Qualification
Standard
Factor
2.0
Scope of
Does the proposal show an understanding of the project
Proposal
objective and results that are desired from the project?
2.0
Assigned
Are sufficient people of the requisite skills assigned to the
Personnel
contract?
1.0
Availability
Can the work be completed in the time frame required?
Can targeted dates be met?
1.0
Motivation
Is the firm interested and are they capable of doing the
work in the required time frame?
2.0
Cost
Are the costs presented reasonable?
2.0
Firm Capability
Does the firm have the capability and experience to
successfully complete a project of this type and scope?
5.2 Reference Evaluation (Top -ranked firms)
The Project Managers will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory / Unsatisfactory.
5.3 Qualification and Standard
a. Overall Performance - Would you hire this company again?
b. Timetable - Was the original Scope of Work completed within the specified time?
C. Completeness - Was the company responsive to client needs; did the company
anticipate problems? Were problems solved quickly and effectively?
d. Budget - Was the original Scope of Work completed within the project budget?
e. Job Knowledge - Did company personnel exhibit the knowledge and skills necessary
for the efficient completion of the Scope of Work?
Section 6.0: Proposal Acceptance
All proposals shall remain subject to initial acceptance 90 days after the day of submittal.
Exhibit A — Site Drawing
0
t,l. i +a sca% !
Exhibit B: Sample Services Agreement
SERVICES AGREEMENT
Compressed Natural Gas Fueling Facility
THIS AGREEMENT made and entered into the day and year set forth below by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services
The Service Provider agrees to provide equipment and services for the installation of a complete
Compressed Natural Gas (CNG) fueling system in accordance with the scope of services attached
hereto as Exhibit "A", consisting of (_) pages, and incorporated herein by this reference.
2. Contract Period
This Agreement shall commence upon the date of execution shown on the signature page of this
Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as
herein provided. In addition, at the option of the City, the Agreement may be extended for an
additional period of one (1) year at the rates provided with written notice to the Professional mailed
no later than ninety (90) days prior to contract end.
3. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without its fault or negligence, then the party so prevented
shall be excused from whatever performance is prevented by such cause. To the extent that the
performance is actually prevented, the Service Provider must provide written notice to the City of
such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice
Notwithstanding the time periods contained herein, the City may terminate this Agreement at any
time without cause by providing written notice of termination to the Service Provider. Such notice
shall be delivered at least fifteen (15) days prior to the termination date contained in said notice
unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be
effective when mailed, postage prepaid and sent to the following addresses:
City: Service Provider:
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum
The City shall pay the Service provider for the performance of this Contract, subject to additions and
deletions provided herein, the sum of Dollars ($_), as set forth in Exhibit "A".
6. City Representative
The City will designate, prior to commencement of the work, its representative who shall make,
within the scope of his or her authority, all necessary and proper decisions with reference to the
services provided under this agreement. All requests concerning this agreement shall be directed to
the City Representative.
7. Independent Service provider
The services to be performed by Service Provider are those of an independent service provider and
not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any
portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's
Compensation or other taxes or benefits or for any other purpose.
8. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the Service
Provider and that this Agreement shall be considered as an agreement for personal services.
Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties
arising under the Agreement without the prior written consent of the City.
9. Acceptance Not Waiver
The City's approval or acceptance of, or payment for any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of
action arising out of performance of this Agreement.
10. Warranty
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work of a
similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into
any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, laborand otherwork, provided underthis
Agreement, except City -furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship for a period beginning with the start
of the work and ending twelve (12) months from and after final acceptance under the
Agreement, regardless whether the same were furnished or performed by Service Provider
or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time acceptable to City.
11. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof.
12. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a period of
ten (10) days within which to cure said default. In the event the default remains uncorrected, the
party declaring default may elect to:
a. Terminate the Agreement and seek damages;
b. Treat the Agreement as continuing and require specific performance; or
c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences
legal or equitable actions against the defaulting party, the defaulting party shall be liable to
the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs
incurred because of the default.
13. Binding Effect
This writing, together with the exhibits hereto, constitutes the entire agreement between the parties
and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure
to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of
said parties.
14. Indemnity/Insurance
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with
the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work hereunder
to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit "_", consisting
of one (1) page, attached hereto and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, 215 North Mason, 2"d floor, Fort Collins, Colorado 80524
one copy of a certificate evidencing the insurance coverage required from an insurance
company acceptable to the City.
15. Entire Agreement
This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties. Covenants or representations not contained in this Agreement
shall not be binding on the parties.
16. Law/Severability
The laws of the State of Colorado shall govern the construction interpretation, execution and
enforcement of this Agreement. 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.
17. Special Provisions
Special provisions or conditions relating to the services to be performed pursuant to this Agreement
are set forth in Exhibit "C", Federal Requirements, consisting of eighteen (18) pages, attached
hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
John Fischbach, City Manager