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HomeMy WebLinkAboutBID - 7373 MASON CORRIDOR TRAFFIC SIGNS & POSTSAddendum 1 – 7373 Mason Corridor Traffic Signs & Posts Page 1 of 1 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7373: Mason Corridor Traffric Signs & Posts OPENING DATE: 3:30 PM (Our Clock) April 27, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: Question & Answer Q. Please clarify on the sign facing Material: HI MICROPRISMATIC HI Intensity Microprismatic, any color or size. Please provide color and size to price. A. 8 sq ft. of Red HI Intensity Microprismatic ASTM type IV sheeting 16 sq ft. of Yellow HI Intensity Microprismatic ASTM type IV sheeting Please contact John Stephen, CPPO, LEED AP, Senior Buyer, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 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 BID 7373 Mason Corridor Traffic Signs & Posts Page 1 of 18 INVITATION TO BID 7373 Mason Corridor Traffic Signs & Posts BID OPENING: 3:30 P.M. (our clock), April 27, 2012 The City of Fort Collins is requesting bids from firms for sign faces, complete signs, roll goods and aluminum sign blanks for the Mason Corridor Project. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. 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. Bids must be received at the Purchasing Office prior to 3:30 p.m. (our clock), April 27, 2012. 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. Questions concerning the scope of the bid should be directed to Rich Brewbaker, Crew Chief at (970) 221-6792 or rbrewbaker@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, LEED AP, CPPO, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly 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 BID 7373 Mason Corridor Traffic Signs & Posts Page 2 of 18 identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management BID 7373 Mason Corridor Traffic Signs & Posts Page 3 of 18 CITY OF FORT COLLINS BID PROPOSAL BID #7373 Mason Corridor Traffic Signs & Posts BID OPENING: April 27, 2012, 3:30 p.m. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR MASON CORRIDOR TRAFFIC SIGNS & POSTS PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids to furnish to the Traffic Signs & Posts per the attached specifications. Vendors responding to this bid must comply with the attached Federal Requirements. Vendors must complete and submit certification for Buy America and Lobbying. Technical questions should be directed to Rich Brewbaker, Crew Chief at (970) 221-6792 or rbrewbaker@fcgov.com. Purchasing questions should be directed to John Stephen, LEED AP, CPPO, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. Price must include all shipping to Streets Department located at 625 9th Street, Fort Collins, CO 80524. No partial bids will be accepted. City will award to the contractor with lowest responsive, responsible total price. PRODUCT MUST BE RECEIVED BY JUNE 15, 2012 BID 7373 Mason Corridor Traffic Signs & Posts Page 4 of 18 BID SCHEDULE 7373 MASON CORRIDOR TRAFFIC SIGNS & POSTS PRICES QUOTED MUST INCLUDE ALL LABOR, OVERHEAD, MATERIAL, AS PER THE SPECIFICATIONS. QUANTITY COST EACH TOTAL COST D11-1 HI Bike Route 24" x 18" (3 SQFT) 2 M4-14 HI "BEGIN" Plaque 24" x 12" (2 SQFT) 1 OM3-L HI Left Object Marker HI 12" x 36" 1 OM3-R HI Right Object Marker 12" x 36" HI 15 R1-136 HI 36" Stop signs 10 R2-1 HI 30" x 36" Speed Limit (Any Speed) HI 30" x 36" 17 R3-14c HI Buses Only 36" x 30" (7.55 SQFT) 1 R3-17 HI Bike Lane 30" x 24" (5 SQFT) 16 R3-17B HI ENDS Plaque 30" x 12" (2.5 SQFT) 3 R3-2 36"HI No Left Turn Sym HI 36" x 36" ( 9 SQFT) 35 R3-5L HI Left Turn Only 30" x 36" HI (7.5 SQFT) 15 R3-5R HI Rt Turn Symb. HI 30' X 36" ( 7.5 SQFT) 1 R3-7 36" HI Right Lane Must Turn Right HI 36" x 36" (9 SQFT) 1 R5-1 36"HI Do Not Enter 36" x 36" (9 SQFT) 13 R7-1081 HI One Hour Parking HI 12"x18" (1.5 SQFT 2 R7-1082 HI Two Hour Parking HI 12"x18" (1.5 SQF 4 R7-1082A HI NP SYM/2HR PARKING HI 24" X 18" (3 SQFT) 5 R7-1082B HI NP SYM/1HR PARKING HI 24" X 18" (3 SQFT) 1 R8-10 HI Stop Here When Flashing 24"x 36" (56SQFT) 1 R8-3A1 No Parking Symbol Anytime (Arrow) 12"x18" (1.5 SQFT) 1 R8-3A1 HI No Parking Symbol Anytime (Arrow) HI 12"x18" (1.5 SQFT) 18 R8-3A9 No Parking Fire Lane (12" x 18") 1.5 SQFT 1 R8-8 HI Do Not Stop on Tracks 24"x 30" (5 SQFT) 29 W10-1 HI RR 36" ROUND HI (9 SQFT) 1 W4-4p HI Cross Street Traffic Does Not Stop HI (24" x 12") 1 Total Completed Signs 195 PRODUCT Completed Signs: BID 7373 Mason Corridor Traffic Signs & Posts Page 5 of 18 12" x 6" B 12" x 6" SIGN BLANK (.5 SQFT) 47 HI MICROPRISMATIC Hi Intensity Microprismatic, any color or size 24 P102 Telespar 10' x 2" Post 163 P33 Telespar 3' x 2.25" Stub 163 326 Band Stainless Steel Roll Strapping/Band 402 Buckle Stainless Steel Roll Band Buckle W/Lock 134 Bracket Stainless Steel Roll Band Bracket w/Bolt and Washer 134 Total Sign Fasteners 670 Grand Total Posts: Sign Fasteners: Sign Facing Material: Signs Blanks: Total Posts IN WORDS: FIRM NAME Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE PRINT NAME ADDRESS PHONE CELL PHONE EMAIL BID 7373 Mason Corridor Traffic Signs & Posts Page 6 of 18 SPECIFICATIONS SIGN FACES, COMPLETE SIGNS, ROLL GOODS, & ALUMINUM SIGN BLANKS FOR THE MASON CORRIDOR PROJECT CATEGORY I: SIGN FACES CATEGORY IA: SIGN FACES - MICRO-PRISMATIC (PRESSURE SENSITIVE) To be fabricated from micro-prismatic retroreflective sheeting meeting ASTM Specification D- 4956-09-e1 for (Type XI). Full Cube Micro Prismatic. DG³ or equal. Sign designs to conform to the latest revision of the "Manual on Uniform Traffic Control Devices". Adhesive type to be Class 1 (pressure sensitive). CATEGORY IC: SIGN FACES MICRO-PRISMATIC HIGH INTENSITY GRADE – ASTM TYPE IV (PRESSURE SENSITIVE) To be fabricated from high-intensity retroreflective sheeting meeting ASTM Specification D-4956-09- e1 for (Type IV). Sign designs to conform to the latest revision of the "Manual on Uniform Traffic Control Devices". Adhesive type to be Class 1 (pressure sensitive). CATEGORY II: COMPLETE SIGNS CATEGORY II: COMPLETE SIGNS - MICRO-PRISMATIC CATEGORY IIC: COMPLETE SIGNS – MICRO-PRISMATIC HIGH INTENSITY GRADE – ASTM TYPE IV (PRESSURE SENSTIVE) To be fabricated from high-intensity retroreflective sheeting meeting ASTM Specification D-4956-09- e1 for (Type IV). Sheeting to be applied in accordance with the sheeting manufacturer's recommendations to .080 thick 5052-H38 aluminum blanks cut in accordance with ASTM Specification B209 and prepared in accordance with ASTM Practice B449. Sign designs shall conform to the latest revision of the "Manual on Uniform Traffic Control Devices". BID 7373 Mason Corridor Traffic Signs & Posts Page 7 of 18 CATEGORY III: ROLL GOODS III – I HIGH INTENSITY GRADE MICRO-PRISMATIC SHEETING, ANY COLOR ASTM TYPE IV High intensity grade micro-prismatic reflective sheeting is a non-metalized micro-prismatic lens reflective sheeting meeting or exceeding performance requirements of ASTM Specification D- "Micro-prismatic fluorescent reflective sheeting in yellow/yellow-green color shall meet the Type XI requirements of ASTM D 4956 -09-e1. After 10 years of use, the sheeting shall have a minimum retained retro-reflection after cleaning of not less than 70% of the initial specified minimums. The supplier shall replace all material that fails to meet the above requirements within the ten-year warranty period". (Type IV). Material to be provided in standard widths on 50-yard rolls. Class 1 (pressure sensitive) III – II: ELECTRO CUT (EC) FILM ANY COLOR – ACRYLIC Durable acrylic transparent film with pressure sensitive adhesive for use in the production of traffic sign legends on electronic cutting machines. Film thickness to be 3 mil. (.075 mm) and rated for unprocessed exterior durability of ten (10) to twelve (12) years. Material to be provided in standard widths on 50-yard rolls in all standard traffic sign colors. Non punched. ALUMINUM SIGN BLANKS 5052-H38 aluminum, deburred, degreased, anodyne coated, cut in accordance with ASTM Specification B209 with 3/8" mounting holes and radius corners in accordance with the manual on Standard Highway Signs (except those noted without). Gauge or thickness of blanks to be 0.080. SIGN POSTS Anchor (Stub). A 2-1/4-inch 12-gauge galvanized steel square stub section With holes, three (3) feet long, The sign post system’s material specification is Telspar 22F12A 03PG, 2-1/4-inch x 3 feet anchor post with holes, or perforated. Must meet the Federal breakaway standards. b. Sign Post. A 2-inch square galvanized steel post section with holes is inserted into the stub and bolted. The material specification is Telspar 20F12P-10PG, 2-inch square 12-gauge 10-foot post with holes. Must meet the Federal breakaway standards. BID 7373 Mason Corridor Traffic Signs & Posts Page 8 of 18 Sign Fasteners C206R9 ¾” band in totes / C20699 ¾” band in card board cartons Material type 201 SS Per ASTM A240 Austenitic, Chromium-Nickel-Manganese Grade Material thickness - .029” +/- .0015” Material width - .750” +/- .005” 100’ per roll dispensed in recyclable Red HDPE tote or Cardboard cartons C25699 ¾” Buckles in boxes Material type 201 SS Per ASTM A240 Austenitic, Chromium-Nickel-Manganese Grade Material thickness - .070 +/- .003” Quantity – 100/box BID 7373 Mason Corridor Traffic Signs & Posts Page 9 of 18 D02189 or D00189 - Flared leg or Straight leg Sign mounting *include hardware *Band slot - 3/16” X 13/16” wide to allow a double wrap of ¾” max width band Material type 200/300 SS Austenitic Material thickness - .070” +/- .003” Quantity 50/box Includes - SS bolts - 5/16”-18 X 3/4”, SS washers, poly washers for sign face protection BID 7373 Mason Corridor Traffic Signs & Posts Page 10 of 18 FEDERAL TRANSIT ADMINISTRATION TABLE OF CONTENTS Federally Required and Other Model Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................................................11 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS.......11 3. ACCESS TO RECORDS AND REPORTS.........................................................................................11 4. FEDERAL CHANGES ........................................................................................................................12 5. TERMINATION ...................................................................................................................................13 6. CIVIL RIGHTS REQUIREMENTS ......................................................................................................14 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)......................................................................14 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............................15 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)......................15 10. BREACHES AND DISPUTE RESOLUTION......................................................................................16 11. CARGO PREFERENCE REQUIREMENTS.......................................................................................17 12. ADA Access .......................................................................................................................................17 13. CITY OF FORT COLLINS BID PROTEST PROCEDURES..............................................................18 BID 7373 Mason Corridor Traffic Signs & Posts Page 11 of 18 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: 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 BID 7373 Mason Corridor Traffic Signs & Posts Page 12 of 18 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 5307/5309/5 311 None None unless non- competitive award None None unless non- BID 7373 Mason Corridor Traffic Signs & Posts Page 13 of 18 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. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. BID 7373 Mason Corridor Traffic Signs & Posts Page 14 of 18 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. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) BID 7373 Mason Corridor Traffic Signs & Posts Page 15 of 18 a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 9.9%. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as 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, 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 regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, BID 7373 Mason Corridor Traffic Signs & Posts Page 16 of 18 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. 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 BID 7373 Mason Corridor Traffic Signs & Posts Page 17 of 18 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. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 12. 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 BID 7373 Mason Corridor Traffic Signs & Posts Page 18 of 18 buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 13. 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. 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) 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.