HomeMy WebLinkAboutRESPONSE - FAX QUOTE - CSU TRANSIT CENTER PA SOUND SYSTEMFirm Name: Electronic Concepts Inc, LLC
DATE: June 5, 2006
Ref.: CSU Transit Center —PA Sound System
THIS IS A PRICE QUOTATION -- NOT AN ORDER
PLEASE SUPPLY PRICING AND DELIVERY INFORMATION, ALL ITEMS TO BE QUOTED
FOB POINT OF SHIPMENT FREIGHT PREPAID AND ALLOWED, AS REQUESTED BELOW
AND RESPONSE VIA FAX OR E-MAIL BY 5:00 P.M. (Our Clock) JUNE 13, 2006 TO:
John Stephen, CPPO
(970) 221-6707 fax
istephen(a)fcgov.com E-mail
Any questions regarding this inquiry should by directed to John Stephen, (970) 221- 6777
The City of Fort Collins is requesting quotes the purchase, installation, testing and acceptance
of a new Public Address System for the City of Ft Collins Transit Center at Colorado State
University for a turn -key project. This is a Federally funded project and will require Davis
Bacon wages.
A pre -bid meeting is set for June 7 at 11:00 am at the north side of Lory Student Center. Please
meet at the Construction Trailers for Mark Young Construction. Bring a hardhat if you have one.
For technical questions, please call Dean Erickson, Project Manager at 970-224-6015.
For purchasing questions, please call John Stephen, CPPO, CPPB, Senior Buyer at 970-221-
6777.
Bid Schedule
Contractor will provide a Public Address Sound System for a complete turn -key project.
Lump Sum $9,946.00
FIRM NAME: Electronic Concepts Inc., LLC
(Please select one:
❑ Corporation ❑ DBA ❑ Partnership LLC ❑ PC
ADDRESS: 614 Bentley Place, Fort Collins, CO 80526
TELEPHONE # 970.206.0070 FAX #: Same
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the parties.
18. 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.
19. Special Provisions. [Optional] Special provisions or conditions relating to
the services to be performed pursuant to this Agreement are set forth in Exhibit _,
consisting of (_) page[s], attached hereto and incorporated herein by this
reference.
ATTEST:
City Clerk
UAI eu 9 W wexxe73"*ii
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [insert name of business]
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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10
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Lobbying
Page 2
Access to Records and Reports
Page 3
Federal Changes
Page 4
Contract Works Hours and Safety Standards
Page 5-9
No Government Obligation to Third Parties
Page 10
Program Fraud and False or Fraudulent Statements
Page 11
Termination
Page 12-14
Governmentwide Debarment and Suspension
(Nonprocurement)
Page 15-16
Privacy Act
Page 17
Civil Rights Requirements
Page 18
Patent and Rights in Data
Page 19-21
Disadvantaged Business Enterprise (DBE)
Page 22-24
Interests of Members of or Delegates to Congress
Page 25
Incorporation of Federal
Transit Administration (FTA) Terms
Page 26
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11
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.
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. 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.
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12
3. 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.
4. 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.
5. 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.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.? 827
-333 (1995)
29 C.F.R.? 5 (1995)
29 C.F.R.? 1926 (1995)
Pursuant to Section 102 (Overtime):
(1) 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.
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mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
Section 107 (OSHA):
Contract Work Hours and Safety Standards Act
(i) The Contractor agrees to comply with section 107 of the Contract t Work
Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL
regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part
1926. Among other things, the Contractor agrees that it will not require any
laborer or mechanic to work in unsanitary, hazardous, or dangerous
surroundings or working conditions.
(ii) Subcontracts - The Contractor also agrees to include the requirements of
this section in each subcontract. The term "subcontract" under this section is
considered to refer to a person who agrees to perform any part of the labor or
material requirements of a contract for construction, alteration or repair. A
person who undertakes to perform a portion of a contract involving the furnishing
of supplies or materials will be considered a "subcontractor" under this section if
the work in question involves the performance of construction work and is to be
performed: (1) directly on or near the construction site, or (2) by the employer for
the specific project on a customized basis. Thus, a supplier of materials which
will become an integral part of the construction is a "subcontractor' if the supplier
fabricates or assembles the goods or materials in question specifically for the
construction project and the work involved may be said to be construction
activity. If the goods or materials in question are ordinarily sold to other
customers from regular inventory, the supplier is not a "subcontractor." The
requirements of this section do not apply to contracts or subcontracts for the
purchase of supplies or materials or articles normally available on the open
market.
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
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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.
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.
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) If the Contractor fails
to pick up the commodities or to perform the services, including delivery 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
default. The Contractor will only be paid the contract price for services
performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient
goods, the Contractor shall, upon direction of the City of Fort Collins, protect and
preserve the goods until surrendered to the Recipient or its agent. The
Contractor and the City of Fort Collins shall agree on payment for the
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preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
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 City of
Fort Collins.
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)
The City of Fort Collins may terminate this contract in whole or in part, for the
Recipient's convenience or because of the failure of the Contractor to fulfill the
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contract obligations. The City of Fort Collins shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature, extent, and effective
date of the termination. Upon receipt of the notice, the Contractor shall
(1) immediately discontinue all services affected (unless -the notice directs
otherwise), and
deliver to the Contracting Officer all data, drawings, specifications, reports,
estimates, summaries, and other information and materials accumulated in
performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer
shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on
unperformed services. If the termination is for failure of the Contractor to fulfill the
contract obligations, the Recipient may complete the work by contact or
otherwise and the Contractor shall be liable for any additional cost incurred by
the Recipient.
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.
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
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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.
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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.
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■ Supervisor office
■ Conference Room
• Multiple inputs to announcement system with ability to expand capabilities.
o Paging microphone at front counter
o Transit - Automatic Announcement system
o Phone system — (potential)
39"4 swam
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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.. 5307(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.
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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
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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' 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) If the Contractor fails to
pick up the commodities or to perform the services, including delivery 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
default. The Contractor will only be paid the contract price for services
performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient
goods, the Contractor
shall, upon direction of the City of Fort Collins, protect and preserve the goods
until surrendered to the
Recipient or its agent. The Contractor and the City of Fort Collins shall agree on
payment for the
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preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute
clause.
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 City of Fort Collins.
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.
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h. Termination for Convenience or Default (Architect and Engineering) The
City of Fort Collins may terminate this contract in whole or in part, for the
Recipient's convenience or because of the failure of the Contractor to fulfill the
contract obligations. The City of Fort Collins shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature, extent, and effective
date of the termination. Upon receipt of the notice, the Contractor shall
(1) immediately discontinue all services affected (unless -the notice
directs otherwise), and
(2) deliver to the Contracting Officer all data, drawings, specifications,
reports, estimates, summaries, and other information and
materials accumulated in performing this contract, whether
completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an
Equitable adjustment in the contract price but shall allow no anticipated profit on
unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may
complete the work by contact or otherwise and the Contractor shall be liable for any
additional cost
incurred by the Recipient.
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.
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
07/24/98
25
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.
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26
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
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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.
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29
CIVIL RIGHTS REQUIREMENTS
29 U.S.C., 623,42 U.S.C., 2000
42 U.S.C.. 6102,42 U.S.C., 12112
42 U.S.C.. 121329 49 U.S.C.. 5332
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. . 6102, 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. , 5332, the Contractor 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) Age - 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.
5332, 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.
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(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.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix
A, Section 5, but the rights in data clause reflects FTA objectives. For patent
rights, FT/k is governed by Federal law and regulation. For data rights, the text
on copyrights is insufficient to meet FTA's purposes for awarding research
grants. This model clause, with larger rights ,as a standard, is proposed with the
understanding that this standard could be modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
A. Rights in Data - This following requirements apply to each contract involving
experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information,
whether or not copyrighted, that is delivered or specified to be delivered under
the contract. The term includes graphic or pictorial delineation in media such as
drawings or photographs; text in specifications or related performance or design -
type documents; machine forms such as punched cards, magnetic tape, or
computer memory printouts; and information retained in computer memory.
Examples include, but are not limited to: computer software, engineering
drawings and associated lists, specifications, standards, process sheets,
manuals, technical reports, catalog item identifications, and related information.
The term "subject data" does not include financial reports, cost analyses, and
similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the
performance of the contract to which this Attachment has been added:
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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. 53230)(1)
and the applicable regulations in 49 CFR Part 661.
Date
Sign-C
Coml
Title 04-m Pr
Page 28
(a) Except for its own internal use, the Purchaser or Contractor may not
publish or reproduce subject data in whole or in part, or in any manner or form,
nor may the Purchaser or Contractor authorize others to do so, without the
written consent of the Federal Government, until such time as the Federal
Government may have either released or approved the release of such data to
the public; this restriction on publication, however, does not apply to any
contract with an academic institution. (b) In accordance with 49 C.F.R.. 18.34
and 49 C.F.R.. 19.36, the Federal Government reserves a royalty -free, non-
exclusive and irrevocable license to reproduce, publish, or otherwise use, and
to authorize others to use, for "Federal Government purposes," any subject data
or copyright described in subsections (2)(b)I and (2)(b)2 of this clause below.
As used in the previous sentence, "for Federal Government purposes," means
use only for the direct purposes of the Federal Government. Without the
copyright owner's consent, the Federal Government may not extend its Federal
license to any other party.
1. Any subject data developed under that contract, whether or not a
copyright has been obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor
using Federal assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, it is FTA's general intention to increase transportation
knowledge available to the public, rather than to restrict the benefits resulting
from the work to participants in that work. Therefore, unless FTA determines
otherwise, the Purchaser and the Contractor performing experimental,
developmental, or research work required by the underlying contract to which
this Attachment is added agrees to permit FTA to make available to the public,
either FTA's license in the copyright to any subject data developed in the course
of that contract, or a copy of the subject data first produced under the contract
for which a copyright has not been obtained. If the experimental,
developmental, or research work, which is the subject of the underlying
contract, is not completed for any reason whatsoever, all data developed under
that contract shall become subject data as defined in subsection (a) of this
clause and shall be delivered as the Federal Government may direct. This
subsection (c) , however, does not apply to adaptations of 'automatic data
processing equipment or programs for the Purchaser or Contractor's use whose
costs are financed in whole or in part with Federal assistance provided by FTA
for transportation capital projects.
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(d) Unless prohibited by state law, upon request by the Federal Government,
the Purchaser and the Contractor agree to indemnify, save, and hold harmless
the Federal Government, its officers, agents, and employees acting within the
scope of their official duties against any liability, including costs and expenses,
resulting from any willful or intentional violation by the Purchaser or Contractor
of proprietary rights, copyrights, or right of privacy, arising out of the publication,
translation, reproduction, delivery, use, or disposition of any data furnished
under that contract. Neither the Purchaser nor the Contractor shall be required
to indemnify the Federal Government for any such liability arising out of the
wrongful act of any employee, official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to
the Federal Government under any patent or be construed as affecting the
scope of any license or other right otherwise granted to the Federal
Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely
without using Federal assistance provided by the Federal Government that has
been incorporated into work required by the underlying contract to which this
Attachment has been added is exempt from the requirements of subsections
(b), (c), and (d) of this clause , provided that the Purchaser or Contractor
identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research
work financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in
writing, irrespective of the Contractor's status i.e. , a large business, small
business, state government or state instrumentality, local government, nonprofit
organization, institution of higher education, individual, etc.), the Purchaser and
the Contractor agree to take the necessary actions to provide, through FTA,
those rights in that invention due the Federal Government as described in U.S.
Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts
and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each
subcontract for experimental, developmental, or research work financed in whole
or in part with Federal assistance provided by FTA.
B. Patent Rights - This following requirements apply to each contract involving
experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first
07/24/98
33
actually reduced to practice in the course of or under the contract to which
this Attachment has been added, and that invention, improvement, or
discovery is patentable under the laws of the United States of America or
any foreign country, the Purchaser and Contractor agree to take actions
necessary to provide immediate notice and a detailed report to the party at
a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in
writing, irrespective of the Contractor's status (a large business, small
business, state government or state instrumentality, local government,
nonprofit organization, institution of higher education, individual), the
Purchaser and the Contractor agree to take the necessary actions to
provide, through FTA, those rights in that invention due the Federal
Government as described in U.S. Department of Commerce regulations,
"Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in
each subcontract for experimental, developmental, or research work
financed in whole or in part with Federal assistance provided by FTA.
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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
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 DBE's 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
07/24/98
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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 DBE's 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
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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.
07/2ais8
37
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.
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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.
Davis Bacon Wages
GENERAL DECISION: CO20030008 06/02/2006 C08
Date: June 2, 2006
General Decision Number: CO20030008 06/02/2006
Superseded General Decision Number: C0020008
State: Colorado
Construction Type: Building
County: Larimer County in Colorado.
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories)
Modification Number
Publication Date
0
06/13/2003
1
08/15/2003
2
09/19/2003
3
10/03/2003
4
01/16/2004
5
02/20/2004
6
05/14/2004
7
06/18/2004
8
07/23/2004
9
08/20/2004
10
09/17/2004
11
01/07/2005
12
01/14/2005
13
02/04/2005
14
03/04/2005
15
05/06/2005
16
06/03/2005
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17
08/05/2005
18
11/04/2005
19
01/13/2006
20
02/03/2006
21
04/07/2006
22
05/05/2006
23
06/02/2006
ASBE0028-001 01/01/2006
Rates Fringes
Asbestos Workers/Insulator
(Includes application of
all insulating materials,
protective coverings,
coatings and finishings to
ail types of mechanical
systems) ....................$ 20.82 9.33
--------------------------------------------------------------
CARP1001-001 05/01/2005
Rates Fringes
Carpenter
(Including Formbuilding
and Metal Stud Work) ........ $ 22.70 7.99
CARP2834-001 05/01/2006
Rates Fringes
Millwright .....................$ 25.42 9.03
-----------------------
ELEC0068-009 01/01/2005
Rates Fringes
Electrician
(Including Low Voltage
Wiring and Installation of
Communications Systems,
Security Systems,
Telephones, and
Temperature Controls) ....... $ 28.91 10.19
----------------------------------------------------------------
ELEV0025-002 01/01/2006
Rates Fringes
Elevator Constructor ........... $ 32.025 13.265
FOOTNOTE:
a. Employer contributes 8% of basic hourly rate for over 5
years' service and 6% basic hourly rate for 6 months' to 5
years' service as Vacation Pay Credit.
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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) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write 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 by any information (wage
payment data, project description, area practice material,
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SERVICES AGREEMENT
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 Electronic Concepts Inc., 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 services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of fifteen (15)
page[s], and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of E (__) page[s], and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within Fourteen (14) days following
execution of this Agreement. Services shall be completed no later than July 28, 2006. Time is
of the essence. Any extensions of the time limit set forth above must be agreed upon in a
07/24/98
4
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
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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BY
SPECIFICATIONS
Public Announcement System Requirements for City of Fort
Collins Transit center at Colorado State University
The public address system will be used to make announcements at the City of Fort Collins
Transit Center at Colorado State University located at the Lory Student Center. The system
should consist of state of the art quality sound system with automatic and manual
announcements from multiple sources. The use of Toa Sound components or similar
components for Desk microphone, Amplifier, Modules, and Speakers is preferred. The system
requirements are highlighted below:
• Quality sound system with coverage in designated areas both internal and external,
Please see included map of areas to cover.
• Zone 1
o Sound system to connect to output of ITS solution. ITS — Intelligent
Transportation System. Connection to input will be from TV tuner PC card or
computer in Data Telecom Room. The dedicated speakers will be in an
immediate area around the large LCD displays.
o Volume control to be provided for each of the two screens. Infrared preferred.
• Zone 2
o Sound System to provide quality sound to space internal and external to the new
Transit Center Space. The areas to be included in the internal portion are the
following:
■ Open spaces to include cafe area, atrium area and near the two entry
areas.
■ Rest rooms
■ Convenience Store
• Zone 3
o Sound System to provide quality sound to the internal offices of operations for
Transfort / Dial -A -Ride to include the following rooms
■ Copier / open area room
■ Break room
• Manager office
• Supervisor office
• Conference Room
o Volume controls to be installed in the following rooms, manual volume control
acceptable:
■ Manager office
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2
(2) Violation; liability for unpaid wages; liquidated damages - In the event
of any violation of the clause set forth in paragraph (1) of this section the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States 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
(1) of this section, in the sum of $ 10 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 (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of
Fort Collins 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 (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in 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 this section.
(5) Payrolls and basic records - (i) Payrolls and basic records relating
thereto shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics
working at the site of the work (or under the United States Housing Act of 1937,
or under the Housing Act of 1949, in the construction or development of the
project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in section 1
(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act,
the contractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the laborers or
07/24/98
14
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.
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28
SEVEN PAID HOLIDAYS: New Year's
Day; Memorial Day;
Independence Day; Labor Day; Veterans
Day;
Thanksgiving
Day; Friday after Thanksgiving Day; and Christmas Day.
----------------------------------------------------------------
IRON0024-001 08/01/2005
Rates
Fringes
Ironworker, Structural ......... $
21.25
8.16
----------------------------------------------------------------
* PAIN0930-001 07/01/2005
Rates
Fringes
Glazier ........................$
25.85
6.70
----------------------------------------------------------------
PLAS0577-001 05/01/2006
Rates
Fringes
Cement Mason/Concrete Finisher.$
23.01
7.65
----------------------------------------------------------------
PLUM0003-001 01/01/2006
Rates
Fringes
Plumber
(Excluding HVAC work) ....... $
28.67
9.40
----------------------------------------------------------------
PLUM0208-001 07/01/2005
Rates
Fringes
Pipefitter
(Including HVAC pipe) ....... $
29.52
8.60
----------------------------------------------------------------
SHEE0009-001 07/01/2003
Rates
Fringes
Sheet metal worker
(Includes HVAC duct and
installation of HVAC
systems) ....................$
26.59
9.70
----------------------------------------------------------------
SUCO2001-015 12/20/2001
Rates
Fringes
Laborer
Common ......................$
----------------------------------------------------------------
9.56
2.36
WELDERS - Receive rate prescribed
for craft
performing
operation to which welding is incidental.
07/24/98
41
writing signed by the parties.
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4. Contract Period. [Option 1] 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.
4. Contract Period. [Option 2] This Agreement shall commence June 15
2006, and shall continue in full force and effect until July 28, 2006, unless sooner
terminated as herein provided. In addition, at the option of the City, the Agreement may
be extended for additional one year periods not to exceed _ (j additional one year
periods. Pricing changes shall be negotiated by and agreed to by both parties and may
not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning
and Budget Office. Written notice of renewal shall be provided to the Service Provider
and mailed no later than ninety (90) days prior to contract end.
5. 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.
[Early Termination clause here as an option.
6. 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
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h
V
Agreement shall be effective when mailed, postage prepaid and sent to the following
addresses:
City: Service Provider:
In the event of early termination by the City, the Service Provider shall be paid for
services rendered to the date of termination, subject only to the satisfactory performance
of the Service Provider's obligations under this Agreement. Such payment shall be the
Service Provider's sole right and remedy for such termination.
7. 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 Nine Thousand Nine Hundred Forty Six Dollars ($9,946). [Option Cost Breakdown is
attached Exhibit "C"]
8. 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.
9. 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.
10. 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
07/24/98
7
Provider shall neither assign any responsibilities nor delegate any duties arising under
the Agreement without the prior written consent of the City.
11. 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.
12. 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. All goods supplied to the City shall be of the grade and quality specified
hereunder, or, if not specified, of the most suitable grade and quality of
their respective kinds for their intended use.
C. Service Provider warrants all goods, provided under this Agreement,
except City -furnished goods, against defects and nonconformances in
grade 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 good shall be replaced by Service Provider in a manner and at a
time acceptable to City.
13. 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.
14. 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
07/24/98
8
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.
15. 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.
16. 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 (_) pages[s], 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, P. O. Box 580,
Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance
coverage required from an insurance company acceptable to the City.
17. 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
07/24/98
0