HomeMy WebLinkAboutBID - 7156 TRAFFIC SIGNAL POLESCity of
F6rt Collins
` PurcM1asing
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP 7156: Traffic Signal Poles
OPENING DATE: 3:00 P.M. (Our Clock) July 27, 2010
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. com/purchasing
To all prospective bidders under the specifications and contract documents described
above, the following clarifications are hereby made.
QUESTIONS AND ANSWERS/CLARIFICATIONS:
Q: Do you have any drawings of the Ft. Collins Traffic Signal Pole Standards along
with any written specifications?
A: We are using both of the Colorado Department of Transportation standards (S-
614-40 and S-614-40A) which are available on the following website
htti)://www.coloradodot.info/library/traffic/traffic-s-standard-plans.
Q: It looks as if these are simply CODOT standard poles is that correct? If so do
they have a luminaire arm with the luminaire arm pole extension, or are they just
the pole with the mast arm?
A: We do require a 15 foot luminaire with a 40 foot mounting height on the poles,
per specifications.
Q: What is.the estimated minimum quantity that the City will order? I know this is a
blanket order so the quantities will vary some, but I do not want to assume (4)
poles will be ordered, and that drives the unit price up to cover the freight cost,
versus assuming a full truckload of material to be ordered, which would drive
down the unit price
A: We would order 4 poles immediately and at least 7 more by the end of the year
sizes to be determined. There is also a possibility of ordering additional poles in
early 2011.
respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with 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.
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 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.
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
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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 B, 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, 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 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. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of Homeland Security (the "e-Verify
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Program") or the Department Program (the "Department Program"), an employment verification
program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this Agreement
is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that Service Provider shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an investigation
that the Department undertakes or is undertaking pursuant to the authority established in Subsection
8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement
is so terminated, Service Provider shall be liable for actual and consequential damages to the City
arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
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this provision of this Agreement and the City terminates the Agreement for such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
Martin Vermilyea
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
CORPORATE SECRETARY
(Corporate Seal)
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EXHIBIT "B "
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under this
bid, the Service Provider shall furnish the City with certificates of insurance showing the type,
amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the Service Provider under this Agreement. The City, its officers, agents and employees shall
be named as additional insureds on the Service Provider's general liability and automobile liability
insurance policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during
the life of this Agreement such commercial general liability and automobile liability insurance
as will provide coverage for damage claims of personal injury, including accidental death, as
well as for claims for property damage, which may arise directly or indirectly from the
performance of work under this Agreement. Coverage for property damage shall be on a
"broad form" basis. The amount of insurance for each coverage, Commercial General and
Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property
damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under this
Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
A.1 - Federally Required and Other Model Contract Clauses
1.
Buy America.......................................................................................................................... 3
2.
ENERGY CONSERVATION REQUIREMENTS....................................................................
4
3.
CLEAN WATER REQUIREMENTS.......................................................................................
4
4.
LOBBYING.............................................................................................................................
4
5.
FEDERAL CHANGES............................................................................................................
6
6.
CLEAN AIR.............................................................................................................................
6
7.
RECYCLED PRODUCTS.......................................................................................................
6
8.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES .....................................................
6
9.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS...............................................................................................................................................
6
10.
TERMINATION...................................................................................................................
7
11.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)......
8
12.
CIVIL RIGHTS REQUIREMENTS......................................................................................9
13.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)....................................................10
14.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ..........11
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1. Buy America
The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.
Bids or offers that are not accompanied by a completed Buy America 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 Compliance with 49 U.S.C. 5323(j)(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 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
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2. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - 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.
3. CLEAN WATER REQUIREMENTS
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 sea. 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.
4. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act
of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of
1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which
provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying
Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR
Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
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.
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APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100, 000)
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.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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5. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the
Master Agreement between Purchaser and FTA, as they may be amended or promulgated from
time to time during the term of this contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
6. CLEAN AIR
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 sue. 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.
7. RECYCLED PRODUCTS
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.
8. 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.
9. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
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Clarification: Powder coating must be done over galvanizing.
Clarification: Appropriate anchor bolts and bolt patterns must be included with each
pole.
Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777
with any questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM
HAS BEEN RECEIVED.
where renewal is a way Of life
(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.
10. TERMINATION
a. Termination for Convenience (General Provision) The (Recipient) 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 (Recipient) to be paid the Contractor. If the Contractor has any
property in its possession belonging to the (Recipient), the Contractorwill account forthe same, and
dispose of it in the manner the (Recipient) 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 (Recipient) 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 (Recipient) 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 (Recipient), 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 (Recipient) 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
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which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written
notice from (Recipient) setting forth the nature of said breach or default, (Recipient) 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 (Recipient) 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 (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by (Recipient) shall not limit (Recipient)'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 (Recipient) may terminate
this contract for default. The (Recipient) 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.
11. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide
regulation implements Executive Order 12549, Debarment and Suspension, Executive
Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455,
Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to
equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required
auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar
threshold for application of these rules has been lowered from $100,000 to $25,000. These are
contracts and subcontracts referred to in the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract or
subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded
Parties List System, (b) Collecting a certification from that person, or (c) Adding a
clause or condition to the contract or subcontract. This represents a change from prior
practice in that certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also
must require the entities they contract with to comply with 49 CFR 29, subpart C and
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include this requirement in their own subsequent covered transactions (i.e., the
requirement flows down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method of
verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert
agency name). If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to (insert agency name), the
Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
12. CIVIL RIGHTS REQUIREMENTS
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 VII 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
sec ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal
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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.
(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.
13. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. The agency's overall goal for DBE participation is 7.6 %. A separate contract goal
[has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry
out these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as the City of Fort Collins deems appropriate. Each subcontract
the contractor signs with a subcontractor must include the assurance in this paragraph (see49 CFR
26.13(b)).
[Bidders][Offerors] must present the information required above [as a matter of responsiveness]
[with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)).
The successful bidder/offeror will be required to report its DBE participation obtained through race -
neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for
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10
satisfactory performance of that work no later than 30 days after the contractor's receipt of payment
for that work from the City of Fort Collins. In addition, [the contractor may not hold retainage
from its subcontractors.] [is required to return any retainage payments to those
subcontractors within 30 days after the subcontractor's work related to this contract is
satisfactorily completed.] [is required to return any retainage payments to those
subcontractors within 30 days after incremental acceptance of the subcontractor's work by
the {insert agency name) and contractor's receipt of the partial retainage payment related to
the subcontractor's work.]
e. The contractor must promptly notify the City of Fort Collins, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must make
good faith efforts to engage another DBE subcontractor to perform at least the same amount of
work. The contractor may not terminate any DBE subcontractor and perform that work through its
own forces or those of an affiliate without prior written consent of the City of Fort Collins.
14. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
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 E, 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 (name of grantee) requests which would cause (name
of grantee) to be in violation of the FTA terms and conditions.
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11
City of
Financial Services
Purchasing Division
F
C h
215 N. Mason St. 2nd Floor
O rt
i n
O �
PO Box 580
Fort Collins, CO 80522
It
Purchasing
970.221.6775
970.221.6707
fcgov.com/Purchasing
INVITATION TO BID
7156 Traffic Signal Poles
BID OPENING: 3:00 P.M. (our clock), July 27, 2010
The City of Fort Collins is requesting bids to furnish to the City Traffic Signal Poles per the attached
specifications. Vendor must comply with attached Federal Requirements.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid�roposal and/or contract documents. If delivered, they are to be sent
to 215 North Mason Street, 2" Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), July 27, 2010.
A copy of the Bid may be obtained as follows:
" 1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into
contract or honor the purchase order will be cause for removal of supplier's name from the City of
Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to acceptor reject any
and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer., employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be rendered.
This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the
bid opening.
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
CITY OF FORT COLLINS
BID PROPOSAL
7156 TRAFFIC SIGNAL POLES
BID OPENING: July 27, 2010 3:00 p.m. (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
TRAFFIC SIGNAL POLES PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS:
The City of Fort Collins is requesting bids to furnish to the City Traffic Signal Poles per the attached
specifications. Vendors responding to this bid must comply with the federal requirements in
Attachment #1. Vendors must complete and submit certification for Buy America and Lobbying. All
bids shall be F.O.B. City of Fort Collins Traffic Department.
For technical questions, please contact Britney Sorensen, Traffic Systems Engineer/Supervisor at
970-416-2268 or bsorensen@fcgov.com.
For purchasing questions, please call John Stephen, CPPO, LEED AP, Senior Buyer at 970-221-
6777 or jsteghenC�fcgov.com.
This is a one year agreement but, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall
be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as
published by the Colorado State Planning and Budget Office as a guide. Written notice of renewal
shall be provided to the Service Provider and mailed no later than 90 days prior to contract end.
Awarded contractor must sign the attached Service Agreement and provide insurance per Exhibit
„B„
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Bid Schedule
7156 Traffic Signal Poles
Mast Arm
Standard
Length
Finish
Quantity
Price Each
Finish
Quantity
Price Each
S-614-40A
15
Galvanized
1
$
Powder Coat
1
$
S-614-40A
20
Galvanized
1
$
Powder Coat
1
$
S-614-40A
25
Galvanized
1
$
Powder Coat
1
$
S-614-40A
30
Galvanized
1
$
Powder Coat
1
$
S-614-40A
35
Galvanized
1
$
Powder Coat
1
$
S-614-40A
40
Galvanized
1
$
Powder Coat
1
$
S-614-40A
45
Galvanized
1
$
Powder Coat
1
$
S-614-40A
50
Galvanized
1
$
Powder Coat
1
$
S-614-40A
55
Galvanized
1
$
Powder Coat
1
$
S-614-40
60
Galvanized
1
$
Powder Coat
1
$
S-614-40
65
Galvanized
1
$
Powder Coat
1
$
S-614-40
70
Galvanized
1
$
Powder Coat
1
$
S-614-40
75
Galvanized
1
$
Powder Coat
1
$
Total
Total
Cost
$
Cost
$
CITY RESERVES
THE RIGHT
TO AWARD
INDIVIDUALLY OR AS A GROUP
FIRM NAME
Are you a Corporation,
Partnership, DBA, LLC, or PC
SIGNATUR
ADDRESS
PHONE/FAX #
E-MAIL ADDRESS
n
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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 , 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 pages 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 ( ) pages, 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 ( ) days following
execution of this Agreement. Services shall be completed no later than Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed
by the parties.
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 ,
200 and shall continue in full force and effect until , 200 , unless
5
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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 ( ) additional one year
periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be
used as a guide. 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
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:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Attn: Purchasing
Attn:
PO Box 580
PO Box 580
Fort Collins, CO 80522
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.
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7. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting
of pages, and incorporated herein by this reference.
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 underthis 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 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. 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
7
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