HomeMy WebLinkAboutRFP - 7418 TEMPORARY PERSONNEL SERVICESAddendum 1 – 7418 Temporary Personnel Services Page 1 of 2
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7418: Temporary Personnel SErvices
OPENING DATE: 3:00 PM (Our Clock) August 24, 2012
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed in the following
sections of this addendum:
Exhibit 1 – List of Typical Job Titles
Please contact Ed Bonnette, CPPB, CPM, Buyer at (970) 416-2247 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.
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
Addendum 1 – 7418 Temporary Personnel Services Page 2 of 2
EXHIBIT 1 – LIST OF TYPICAL JOB TITLES
Administrative Positions
Receptionist
Office Clerk
Office Assistant
Administrative Assistant
Non-Clerical
General Laborer
Technical
Database Administrator
Help Desk/Tech Support
Programmer
Software Engineer
Engineer
Network Engineer
Web Programmer
RFP 7418 Temporary Personnel Services Page 1 of 36
REQUEST FOR PROPOSAL
7418 TEMPORARY PERSONNEL SERVICES
The City of Fort Collins is requesting proposals from qualified firms to provide temporary
employees in a variety of classifications and categories as may be required by various
City departments and agencies on an as-needed basis.
Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail
submittal shall be e-mailed to: purchasing@fcgov.com. If submitting hard copy
proposals, four (4) copies, will be received at the City of Fort Collins' Purchasing
Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will
be received before 3:00 p.m. (our clock), August 24, 2012 and referenced as
Proposal No. 7418. If delivered, they are to be sent to 215 North Mason Street, 2nd
Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort
Collins, 80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Questions concerning the scope of the project should be directed to Project Manager,
Joan Busch at (970) 221-6829 or jbusch@fcgov.com.
Questions regarding bid submittal or process should be directed to
Ed Bonnette, CPPB, CPM, Buyer, Buyer, at (970) 416-2247 or ebonnette@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
The City of Fort Collins is subject to public information laws, which permit access to
most records and documents. Proprietary information in your response must be clearly
identified and will be protected to the extent legally permissible. Proposals may not be
marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to
material treated as confidential in the normal conduct of business, trade secrets,
discount information, and individual product or service pricing. Summary price
information may not be designated as proprietary as such information may be carried
forward into other public documents. All provisions of any contract resulting from this
request for proposal will be public information.
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
RFP 7418 Temporary Personnel Services Page 2 of 36
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision-making authority concerning such sale or any
supervisory authority over the services to be rendered. This rule also applies to
subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal
will be rejected and reported to authorities as such. Your authorized signature of this
proposal assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive
any irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
RFP 7418 Temporary Personnel Services Page 3 of 36
REQUEST FOR PROPOSAL
7418 Temporary Personnel Services
Section 1: Proposal Requirements
1.1 General Description:
The City of Fort Collins is soliciting proposals for contractor(s) to provide temporary
employees in a variety of classifications and categories, as may be required by various
City departments and agencies on an as-needed basis. The City anticipates awarding one
contract for General Service provider (consisting of Administrative staff positions), and one
contract for Technical Service provider (consisting of Technical staff positions, primarily
Information Technology positions). Companies are to indicate in their Proposals which
Contract they are applying for.
1.2 Proposal Submittal:
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation
and presentation of their proposal.
The proposal must be signed by a duly-authorized representative of the firm submitting the
proposal, including the title of the individual signing.
1.3 Proposal Acceptance:
All proposals shall remain subject to initial acceptance 90 days after the day of submittal.
Award may be made on the basis of written proposals, or up to three firms in each
category may be selected for further interviews. Evaluation criteria for any interviews will
be the same as that for written proposals.
Section 2: Background Information & Scope of Work
The City occasionally needs experienced personnel to provide support for various departments
whenever the support workload exceeds the time available to City staff.
Pursuant to this Request for Proposals, the City intends to enter into contracts with one
contractor in each category regularly established in the business of providing temporary
personnel services.
As a standard practice, it is the intent of the City that a City department that determines that it
needs temporary personnel services, beyond the department’s and the City’s internal resources,
would contact the General Services or Technical Services contractor regarding the specifics of
the need.
2.1. Proposal Format Requirements
Your proposal should detail these items, numbered in outline format, to correspond with
the sections below:
A. Firm Capability: Include the time your company has been in the temporary-personnel
services business, and your company ownership structure (public, private, franchise,
partnership, etc.).
B. Methods and Approach: Describe your company’s methods for recruiting, selecting,
and screening employees for assignment to your customers. Describe in detail how
your company matches the employee’s knowledge, skills, and abilities to those
required for each specific assignment. Please describe in detail any specific steps
RFP 7418 Temporary Personnel Services Page 4 of 36
your company takes to recruit, select, and screen employees for Technical
Service assignments (with concentration upon Information Technology,
Professional, and other degree-bearing disciplines). Describe in detail how your
company matches the employee’s knowledge, skills, and abilities to those
required for each specific assignment. Describe how you ensure that you are
attracting qualified temporary employees. Describe your program for drug testing and
background investigations on the temporary employees you provide.
i. Describe how you ensure Equal Employment Opportunity and prevent
discrimination in employment and in the referral of employees to your customers.
Describe how you ensure compliance with the Immigration Reform and Control
Act of 1996. Describe any programs you have in place locally and nationally for
partnering with minority vendors.
ii. What is your average placement turn-around time after receiving an order?
Explain your service and performance guarantees.
iii. Explain the extent of training you offer for both your full-time staff and for
temporary employees. Describe any testing you perform on temporary-
employee applicants.
iv. Describe how you can help to assess the City’s needs in terms of both the
numbers of temporaries and the requisite skill levels for a specific situation.
Explain how you flex your permanent staff’s time to meet customer needs,
including volume increase or decrease.
v. Describe any arrangements for subcontracting with other contractors if additional
resources were required to meet the City’s needs. Explain how you handle
emergency recruiting efforts.
vi. List benefits available to your temporary workers. Describe any on-the-job
support that you provide to them. Explain how you evaluate your employee job
satisfaction, and the satisfaction level of your customers.
vii. Describe in detail how you follow up to assess and evaluate your temporary
employee’s performance while on assignment. Describe the systems you have in
place to deal with performance problems or misconduct of temporary employees.
viii. Describe the information tracking you provide, and provide examples of reports
you have provided to your customers.
ix. Describe the current extent of operations automation, and additional automation
currently planned or in development, including the time frames to which you can
commit. Describe your electronic data interchange (EDI) and/or electronic funds
transfer (EFT) capabilities. In particular, we are interested in knowing if you have
the ability to receive payment by credit card (i.e., the City of Fort Collins
Procurement Card, which is a Visa Card).
C. Assigned Personnel: The names of all key personnel with primary responsibility for this
contract, along with their titles and their specific task assignment for this contract shall
be provided in this section. Please include highlights of their qualifications. Resumes
are optional and can be attached in an appendix if included.
D. Availability: Describe the availability of project personnel and firm resources to
participate in this project in the context of the firm’s other commitments.
RFP 7418 Temporary Personnel Services Page 5 of 36
As part of (or in addition to) your proposal discussion for the items described above,
please review the items below and incorporate any additional discussion appropriate to
presenting a complete proposal.
2.2. Service Agreement Required:
A sample Service Agreement is attached; awarded Service Provider(s) will be required to
execute this agreement with the City. Please review it carefully prior to submitting your
proposal and complete the form below to be submitted with your proposal.
Vendor Statement: I have read and understand the specifications and requirements for this bid
and I agree to comply with such specifications and requirements. I further agree that the method
of award is acceptable to my company. I also agree to complete SERVICES AGREEMENT with
the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed
within 30 days, City reserves the right to cancel and award to the next highest rated firm.
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
VENDOR IS TO ALSO INCLUDE THE REQUIRED INSURANCE CERTIFICATE
NAMING THE CITY OF FORT COLLINS AS AN ADDITIONAL INSURED.
FIRM NAME:
ADDRESS:
EMAIL ADDRESS: PHONE:
BIDDER’S NAME:
SIGNATURE:
PRIMARY SERVICES ISSUES CONTACT:
TELEPHONE: FAX:
EMAIL:
CELL: EMERGENCY:
BACKUP:
RFP 7418 Temporary Personnel Services Page 6 of 36
2.3. Purchase Order for Each Project
Each separate assignment requiring temporary employee(s) for a department will be
authorized through the issuance of a Purchase Order based on the Service Agreement.
To provide the back-up information needed for each specific Purchase Order, the
contractor will work with the department involved to provide a quotation for each
temporary-employee assignment that includes:
i. a description of the work to be performed;
ii. the number and categories of employees required;
iii. the location and time for initiation and performance of the work;
iv. the payment procedures and amounts;
v. a description of the labor, materials, and support to be supplied by the City;
vi. identification of the supervisor / project manager for the department; and
vii. any other special circumstances relating to the performance of the work
assignment.
2.4. Contract Term, Renewal, & Pricing
The initial term of any agreement will be for one year. At the City’s option, any such
contract may be renewed for an additional one-year term, not to exceed a total of four (4)
additional one-year terms.
Pricing changes for terms subsequent to the first year 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.
2.5. Ability to Provide Personnel As Required
The contractor(s) selected pursuant to this RFP is expected to have available and/or be
able to provide an adequate number of qualified, dependable personnel in each category
for temporary employment by the City on request. As noted above, the exact
requirements in a given situation, such as the number of temporary employees, the
categories required, days, dates, hours, and so on, will be determined by the various
departments and agencies as needs may arise, and will be specified by Purchase Order.
2.6. Prior Expenditure — No Guarantee of Utilization
From July 1, 2010 through June 30, 2012 the City has spent approximately $ 137,438 on
General Services Temporary Personnel Services; and approximately $201,236 on
Technical Services Temporary Personnel Services with the awarded vendors, in a variety
of categories.
However, it is important to note that the City makes no guarantee of any specific amount
or general level of expenditure under any contract(s) that may result from this RFP;
similarly, the City cannot predict or guarantee the frequency of use of any specific job
classification.
2.7. Permanent Employment, Completion of Employment & Liability
Please state what your policy is in the event that the City should elect to hire a Temporary
Associate provided by the Service Provider as an employee of the City of Fort Collins for
the position the Service Provider has assigned them to; or for any other available City
position. If there is a minimum amount of hours the employee must work through your
RFP 7418 Temporary Personnel Services Page 7 of 36
agency before they can be hired directly by the City, please state that clearly in your
proposal.
Otherwise, upon completion of any given temporary-employee assignment and proper
payment to the contractor for the hours of service provided, the City will have no further
obligation, responsibility, or liability with respect to the temporary personnel. Temporary
employment will in no way confer any of the rights of permanent employment with the City.
The City shall have no liability whatsoever for any claims or disputes between the
temporary employee and the contractor, and the contractor shall fully indemnify the City
against any such potential for or claims of liability. In addition, the contractor shall provide
all insurance necessary to protect the City; see Section 2.14 below.
2.8. Employee Listings & Reporting
The contractor will maintain a listing of all temporary employees who have worked on
assignments with the City. This list should include, at a minimum, the following
information:
i. the employee's name
ii. the employee's position classification, and training or skill level(s), as appropriate;
iii. the agency / department assignment;
iv. the employee's total hours worked, salary per hour and cost per hour, and total cost;
v. the supervisor’s performance rating of the employee;
vi. the total hours assigned per classification; and
vii. the total cost to the City for all employees provided.
Utilizing this listing, the contractor will report all activity with the City to the Human
Resources Department and the Purchasing Division on a quarterly basis, within two weeks
after the end of the quarter.
2.9. Employee Résumés, Testing & Personnel Information
As requested by the City department prior to the assignment or acceptance of any
temporary employee, the contractor shall provide copies of résumés, employment
applications, test results, and other relevant information to the department. As necessary,
the contractor will test all potential temporary employees to be sent to the City, so that the
City may determine if they meet the requirements of the job assignment.
To the extent permissible by law, the contractor will also maintain application forms,
résumés, references, and other information provided to the contractor by temporary
employees in the contractor’s hiring process; similarly, the contractor will maintain
evaluation forms and other information received from City departments and agencies
regarding each employee. The contractor will maintain this information on all temporary
employees assigned to the City for a period of one year after the completion of the
employee’s work assignment and one year after the completion or termination of the
contractor’s contract with the City (whichever is later). To the extent permissible by law,
all or any part of this information will be provided to the Human Resources Department
upon request at any time (before, during, or after the work assignment).
RFP 7418 Temporary Personnel Services Page 8 of 36
2.10. Employee Background Checking
To the extent permissible by law, the contractor will perform appropriate background
checks on the contractor’s employees, and will accept full responsibility for the accuracy
and completeness of such background checks. The contractor will not assign to the City
any person for whom the contractor has any background or other information which, in the
contractor’s opinion, would lead a reasonable person to question the suitability of that
person for any specific City assignment or project.
To the extent permissible by law, the City reserves the right to conduct appropriate
background checks of contractor’s employees who are to be or have been assigned to
service with the City, and to provide the results of such background checks to the
contractor if appropriate.
2.11. Partial Performance & Unsatisfactory Employees
If any person provided by the contractor fails to work for at least the first four hours of the
assignment, the contractor will not charge the City for any hours. Should the City feel that
the temporary employee is not suitable for the assignment, the City will notify the
contractor, who will in turn be responsible for removing the employee from the City
assignment.
If, in the opinion of the City in any specific situation, the contractor is unable to meet the
time frame required for the delivery of sufficient qualified personnel, or fails to provide
sufficient qualified personnel, or proposes personnel that the City does not find to possess
sufficient or applicable skills and experience, or if for any reason the City is not satisfied
with the performance of the contractor, the City reserves the right to utilize other
temporary-personnel service contractors and employment agencies.
2.12. Employee & Contractor Evaluation
The contractor will provide an employee evaluation form to the City department project
manager for each assignment. Completed evaluation forms shall be maintained by the
contractor as provided above in Section 2.9, and copies shall be provided to the Human
Resources Department on request.
In addition, the contractor will also provide a company evaluation form (for evaluation of
the contractor’s performance) to the City department project manager for each
assignment. Completed evaluation forms shall also be maintained by the contractor, and
copies shall be provided to the Human Resources Department on request. The contractor
must maintain an overall satisfactory rating for the duration of the contract term.
Please include your standard employee and company evaluation forms with your proposal.
2.13 Employee and Client Department Orientation
The contractor will provide a “City of Fort Collins Employee Orientation Guide” to
all temporary employees, upon their assignment to the City of Fort Collins. The
Guide will outline the policies and procedures the employee should be aware of
prior to beginning an assignment with the City.
The contractor will also provide client Departments within the City with a “City of Fort
Collins Department Guide to Using Temporary Help”. The Guide will instruct department
clients as to basic procedures to follow when requesting and using the contractor’s
temporary employee services.
RFP 7418 Temporary Personnel Services Page 9 of 36
2.14 Insurance & Bonding
All contractors who provide services under a contract issued pursuant to this RFP must
present proof of insurance prior to the award of such a contract, and, at the City’s request,
must be prepared to bond temporary employees they provide to the City.
Please see the attached sample Service Agreement for information regarding general
insurance requirements. In addition, the contractor will be expected to provide any
specific insurance necessary to provide for the indemnification and protections outlined in
Section 2.7 above.
2.15 Employee Request Procedures
Requests for temporary employees may come from a wide range of City agencies and
departments, covering temporary personnel categories representing a diversity of skills
and duties.
Requests for temporary personnel support will go directly to the contractor from each
individual department or agency. The contractor will then work directly with the
department to meet the need. The contractor’s project manager will need good
communication skills and a focus on customer service.
As noted above in the introduction to Section 2, if the awarded contractor is unable to
meet the department’s specific need in the time-frame required, the City reserves the right
to utilize other contractors.
Section 3: Pricing Options
In your proposal, please provide detailed information regarding the following three possible
pricing options. The purpose of these options is to provide you with the best opportunity to
present the capabilities and costs of your firm, while giving the City a variety of potential
mechanisms for optimum cost-effectiveness. For each option, please incorporate any other
relevant information or suggestions for alternatives.
Temporary-employee pay rates should be appropriate to enable the contractor to attract
qualified, capable, and reliable employees for the classification and type of need to be filled.
The City reserves the right to request quotations for whichever option(s) appear to best meet
the City’s need in any specific situation. As described above, temporary-personnel services will
be requested only through a Purchase Order; each Purchase Order will specify the pricing
option, specific scope of services, and fixed or estimated total price.
3.1. Fixed Hourly Rates by Category
This option provides generally for traditional temporary employees at a fixed cost per hour,
for whatever period of time the employee is required.
At a minimum, please provide the following:
i. Personnel categories you can supply
ii. Skill levels, qualifications, and typical job duties for each category
iii. Employee pay rate for each category
iv. Contractor billing rate for each category
RFP 7418 Temporary Personnel Services Page 10 of 36
3.2. Fixed Mark-Up Percentage
This option is generally an alternative to the first option, fixed hourly rates by category, and
can either substitute for or supplement the first option. It provides generally for a fixed
percentage of mark-up on the employee pay rate (or a set of percentages, varying with the
level of the employee pay rate or the duration of the utilization).
This option is sometimes used for personnel categories that are used less frequently or
are more difficult to fill with qualified employees (therefore making fixed hourly rates by
category more difficult to guarantee).
At a minimum, please provide the following:
i. Personnel categories for which this option may be appropriate
ii. Skill levels, qualifications, and typical job duties for each such category
iii. Estimated employee pay rate for each such category
iv. Contractor mark-up percentage for each such category
3.3. Fixed Fee Per Project
This option provides generally for project-based or longer-term temporary employees, at a
fixed fee per project.
Typically, this would be based on a mutually-agreed-upon scope of employment services
and number of hours required, with the City providing project specifications,
documentation, and City-staff availability to ensure that the contractor thoroughly
understands the project before providing a quotation for a Purchase Order. This option
would typically be appropriate for higher-level technical or professional temporary-
employee requirements.
At a minimum, please provide the following:
i. Additional personnel categories you can supply
ii. Skill levels, qualifications, and typical job duties for each category
iii. Methodology you would use to calculate the employee pay rate
iv. Methodology you would use to calculate your total fixed fee
3.4. Other Pricing Options
Please discuss or recommend other pricing options, if appropriate.
RFP 7418 Temporary Personnel Services Page 11 of 36
Section 4: Evaluation
4.1 Evaluation and Assessment of Proposals
Review and Assessment
Proposals will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and any optional interview session. The rating scale shall
be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an
outstanding rating.
WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills? Are sufficient
people of the requisite skills assigned to the
project?
1.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
1.0 Motivation Is the firm interested and are they capable of
doing the work in the required time frame?
2.0 Cost and Work
Hours
Do the proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required in each project task or phase?
2.0 Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
RFP 7418 Temporary Personnel Services Page 12 of 36
4.2 Reference Evaluation (Top-ranked Firms)
References
The Project Manager will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance Would you hire this Professional again? Did they
show the skills required by this project?
Timetable
Was the original Scope of Work completed within
the specified time? Were interim deadlines met in
a timely manner?
Completeness
Was the Professional responsive to client needs;
did the Professional anticipate problems? Were
problems solved quickly and effectively?
Budget Was the original Scope of Work completed within
the project budget?
Job Knowledge If a study, did it meet the Scope of Work?
PLEASE GO TO www.fcgov.com/eprocurement TO REGISTER IN OUR E-PROCUREMENT
SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE
COMMODITY CODES.
COMMODITY CODES USED FOR THIS RFP:
961-02 Administrative Services, All Kinds (Incl. Clerical, Secretarial Services, etc.)
961-30 Employment Agency and Search Firm Services (Including Background Investigations
and Drug Testing for Employment)
961-62 Personnel Services (Not Employment)
RFP 7418 Temporary Personnel Services Page 13 of 36
FEDERAL TRANSIT ADMINISTRATION
Federally Required and Other Model Contract Clauses
1. 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.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
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.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
RFP 7418 Temporary Personnel Services Page 14 of 36
A. 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
United 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.
B. 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.
C. 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).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition of
Rolling Stock
Professional
Services
I State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/531
1
None
None unless
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4. 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.
5. TERMINATION
a. Termination for Convenience (General Provision) The City 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 to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City, the Contractor will account for the same, and
dispose of it in the manner the City 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 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 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, 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 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’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 the City setting forth the nature of said breach or default, the City 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 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 elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City shall not limit the City’s remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
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6. 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 seq., (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 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.
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7. 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 City has an overall DBE goal of 9.9%.
There is no specific contract goal for this project but the City encourages bids from DBE
firms in this project.
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 City of Fort Collins deems
appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the contractor’s
receipt of payment for that work from the City of Fort Collins. In addition, it is required to
return any retainage payments to those subcontractors within 30 days after incremental
acceptance of the subcontractor’s work by the City of Fort Collins and contractor’s
receipt of the partial retainage payment related to the subcontractor’s work.
e. The contractor must promptly notify 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 City of
Fort Collins.
8. 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 4220.1E, 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.
9. 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
RFP 7418 Temporary Personnel Services Page 18 of 36
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 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.
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10. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of City's
[title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from
the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the
[title of employee]. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the [title
of employee] shall be binding upon the Contractor and the Contractor shall abide be the
decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court
of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach thereunder, except as may be specifically agreed in
writing.
11. 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.
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Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply
or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
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.
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[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
12. 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 seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
13. 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 seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance
with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide
that recipients and subrecipients of Federal funds and their contractors are required to use U.S.
Flag air carriers for U.S Government-financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit,
if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to
use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
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15. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The
Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants
from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49
CFR 18.36(i)(6). Although the original Act required its application in any construction contract
over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to
that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an
amount that is not greater than $100,000.” 40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-construction
projects that employ “laborers or mechanics on a public work.” These non-construction
applications do not generally apply to transit procurements because transit procurements (to
include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12).
A grantee that contemplates entering into a contract to procure a developmental or unique item
should consult counsel to determine if the Act applies to that procurement and that additional
language required by 29 CFR 5.5(c) must be added to the basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model
clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied.
Clause Language Contract Work Hours and Safety Standards
(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.
(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 therefore- 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 (write in the name of the
grantee) 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.
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(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1) through (4) of this section.
16. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
Transit Employee Protective Provisions.
(1) The Contractor agrees to the comply with applicable transit employee protective
requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out the
transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect
the interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in the
letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project
from which Federal assistance is provided to support work on the underlying contract.
The Contractor agrees to carry out that work in compliance with the conditions stated in
that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to
any contract financed with Federal assistance provided by FTA either for projects for
elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2),
or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate
provisions for those projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has
determined or determines in the future that the employee protective requirements of 49
U.S.C. § 5333(b) are necessary or appropriate for the state and the public body
subrecipient for which work is performed on the underlying contract, the Contractor
agrees to carry out the Project in compliance with the terms and conditions determined
by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S.
DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and
conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which
is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor
agrees to perform transit operations in connection with the underlying contract in
compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor
agrees to comply with the terms and conditions of the Special Warranty for the
Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and
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Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any
revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal assistance
provided by FTA.
17. CHARTER BUS REQUIREMENTS
Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49
CFR Part 604, which provides that recipients and subrecipients of FTA assistance are
prohibited from providing charter service using federally funded equipment or facilities if there is
at least one private charter operator willing and able to provide the service, except under one of
the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions
must be "incidental," i.e., it must not interfere with or detract from the provision of mass
transportation.
18. SCHOOL BUS REQUIREMENTS
School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and
subrecipients of FTA assistance may not engage in school bus operations exclusively for the
transportation of students and school personnel in competition with private school bus operators
unless qualified under specified exemptions. When operating exclusive school bus service
under an allowable exemption, recipients and subrecipients may not use federally funded
equipment, vehicles, or facilities.
19. DRUG AND ALCOHOL TESTING
Introduction
FTA's drug and alcohol rules, 49 CFR 655 are unique among the regulations issued by FTA.
First, they require recipients to ensure that any entity performing a safety-sensitive function on
the recipient's behalf (usually subrecipients and/or contractors) implement a complex drug and
alcohol testing program that complies with Part 655. Second, the rules condition the receipt of
certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is
not in compliance with the rules unless every entity that performs a safety-sensitive function on
the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a
recipient ensures that its subrecipients and/or contractors comply with them.
How a recipient does so depends on several factors, including whether the contractor is covered
independently by the drug and alcohol rules of another Department of Transportation operating
administration, the nature of the relationship that the recipient has with the contractor, and the
financial resources available to the recipient to oversee the contractor's drug and alcohol testing
program. In short, there are a variety of ways a recipient can ensure that its subrecipients and
contractors comply with the rules.
Therefore, FTA has developed three model contract provisions for recipients to use "as is" or to
modify to fit their particular situations.
Explanation of Model Contract Clauses
Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring the
RFP 7418 Temporary Personnel Services Page 25 of 36
contractor to participate in a drug and alcohol program administered by the recipient. The
advantages of doing this are obvious: the recipient maintains total control over its compliance
with 49 CFR 655. The disadvantage is that the recipient, which may not directly employ any
safety-sensitive employees, has to implement a complex testing program. Therefore, this may
be a practical option only for those recipients which have a testing program for their employees,
and can add the contractor's safety-sensitive employees to that program.
Under Option 2, the recipient relies on the contractor to implement a drug and alcohol testing
program that complies with 49 CFR 655, but retains the ability to monitor the contractor's testing
program; thus, the recipient has less control over its compliance with the drug and alcohol
testing rules than it does under option 1. The advantage of this approach is that it places the
responsibility for complying with the rules on the entity that is actually performing the safety-
sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor
complies with the program. The disadvantage of Option 2 is that without adequate monitoring of
the contractor's program, the recipient may find itself out of compliance with the rules.
Under option 3, the recipient specifies some or all of the specific features of a contractor's drug
and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do
and how it wants to do it. The advantage of this option is that the recipient has more control
over the contractor's drug and alcohol testing program, yet it is not actually administering the
testing program. The disadvantage is that the recipient has to specify and understand clearly
what it wants to do and why.
Drug and Alcohol Testing
Option 1
The contractor agrees to:
(a) participate in (grantee's or recipient's) drug and alcohol program established in
compliance with 49 CFR 655.
Drug and Alcohol Testing
Option 2
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 655, produce any documentation necessary to establish its
compliance with Parts 655, and permit any authorized representative of the United States
Department of Transportation or its operating administrations, the State Oversight Agency of
(name of State), or the (insert name of grantee), to inspect the facilities and records associated
with the implementation of the drug and alcohol testing program as required under 49 CFR
Parts 655 and review the testing process. The contractor agrees further to certify annually its
compliance with Parts 655 before (insert date) and to submit the Management Information
System (MIS) reports before (insert date before March 15) to (insert title and address of person
responsible for receiving information). To certify compliance the contractor shall use the
"Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for
Federal Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register.
RFP 7418 Temporary Personnel Services Page 26 of 36
Drug and Alcohol Testing
Option 3
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 655, produce any documentation necessary to establish its
compliance with Parts 655, and permit any authorized representative of the United States
Department of Transportation or its operating administrations, the State Oversight Agency of
(name of State), or the (insert name of grantee), to inspect the facilities and records associated
with the implementation of the drug and alcohol testing program as required under 49 CFR
Parts 655 and review the testing process. The contractor agrees further to certify annually its
compliance with Parts 655 before (insert date) and to submit the Management Information
System (MIS) reports before (insert date before March 15) to (insert title and address of person
responsible for receiving information). To certify compliance the contractor shall use the
"Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for
Federal Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit
before (insert date or upon request) a copy of the Policy Statement developed to implement its
drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient
wishes the contractor to use) as its policy statement as required under 49 CFR 655; OR (c)
submit for review and approval before (insert date or upon request) a copy of its Policy
Statement developed to implement its drug and alcohol testing program. In addition, the
contractor agrees to: (to be determined by the recipient, but may address areas such as: the
selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or
the use of a consortium).
20. 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.
21. 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.
22. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C.
Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with
Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with
Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192
and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with
Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility
guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37.
DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that
RFP 7418 Temporary Personnel Services Page 27 of 36
buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix
A to 49 CFR Part 37.
23. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available from
the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box
580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
RFP 7418 Temporary Personnel Services Page 28 of 36
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
( ) page 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 ( ) page , 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.
5. Contract Period. [Option 2] This Agreement shall commence , 200 ,
RFP 7418 Temporary Personnel Services Page 29 of 36
and shall continue in full force and effect until , 200 , 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 ( ) 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.
6. 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
7. 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:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
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.
RFP 7418 Temporary Personnel Services Page 30 of 36
8. 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 " ",
consisting of page , and incorporated herein by this reference.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
RFP 7418 Temporary Personnel Services Page 31 of 36
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, 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.
14. 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.
15. 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.
16. 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,
RFP 7418 Temporary Personnel Services Page 32 of 36
personal representatives, successors and assigns of said parties.
17. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within Exhibit
, consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, 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.
18. 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.
19. 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.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
RFP 7418 Temporary Personnel Services Page 33 of 36
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 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
RFP 7418 Temporary Personnel Services Page 34 of 36
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 this provision of this Agreement and the City terminates the Agreement for such breach.
21. 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 ( ) pages, attached hereto and incorporated herein by this reference.
RFP 7418 Temporary Personnel Services Page 35 of 36
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
RFP 7418 Temporary Personnel Services Page 36 of 36
EXHIBIT “ ”
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:
1. 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.
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless non-
competitive
award
II Non State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)