HomeMy WebLinkAboutRFP - 7625 TRANSFORT RADIO REPLACEMENT & MAINTENANCE (2)RFP 7625 Transfort Radio Replacement & Maintenance Page 1 of 42
REQUEST FOR PROPOSAL
7625 TRANSFORT RADIO REPLACEMENT & MAINTENANCE
The City of Fort Collins is seeking to incrementally replace its two-way radio inventory
and two-way radio accessories. The City requests proposers to price and offer a full-
service installation and programming plan to be executed where practicable on-site at
the Transfort Maintenance Facility and/or its satellite locations throughout the Transfort
service area. The service provider for installation and maintenance services must be
factory authorized by the equipment manufacturer and have personnel available “on-
call” in Northern Colorado.
Proposals submission via email is preferred. Proposals shall be submitted n
Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If
electing to submit hard copy proposals instead, five (5) 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), April 18,
2014 and referenced as Proposal No. 7625. 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 Craig Dubin at
(970) 224-6196 or cdubin@fcgov.com.
Questions regarding bid submittal or process should be directed to Doug Clapp,
Senior Buyer at (970) 221-6776 or dclapp@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
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 7625 Transfort Radio Replacement & Maintenance Page 2 of 42
forward into other public documents. All provisions of any contract resulting from this
request for proposal will be public information.
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 has Protest procedures which are available from the Purchasing
Office.
The City of Fort Collins reserves the right to reject any and all proposals and to waive
any irregularities or informalities.
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 7625 Transfort Radio Replacement & Maintenance Page 3 of 42
7625 TRANSFORT RADIO REPLACEMENT & MAINTENANCE
1. Subscriber Radio Requirement
This section refers to the requirements of user radios consisting of mobile radios and
portable radios. It is the intent of City of Fort Collins, Transfort Department, hereinafter
referred to as “City” to procure mobiles, portables and control stations capable of
supporting generally mission critical communications requirements. Towards that end,
“City” expects a proposer to offer a range of end user radio equipment and accessories,
to include a variety of mobile installation options, providing a performance range from
highest quality, highest duty rating, and high performance robust electronic components
down to less fully featured less mission critical end user devices.
The “City” is seeking to incrementally replace its two-way radio inventory and two-way
radio accessories. The “City” requests proposers to price and offer a full-service
installation and programming plan to be executed where practicable on-site at the
Transfort Maintenance Facility and/or its satellite locations throughout the Transfort
service area. The service provider for installation and maintenance services must be
factory authorized by the equipment manufacturer and have personnel available “on-
call” in Northern Colorado.
The “City” is currently on a digital trunked radio system. Proposers should assume that
the “City” intends to maintain this arrangement.
1.1. General
1.1.1. There must be a single vendor for control stations, mobile and portable
radios proposed. The vendors must clearly specify in a point by point
response compliance to the specifications within this RFP.
1.1.2. Radios must be APCO Project 25 Phase I trunking compliant and have
the capability to be flash upgraded to APCO Project 25 Phase II trunking
compliance
1.1.3. Radios must be capable of Voice and Data option and have the option of
being equipped with integrated GPS hardware for location capability
options
1.1.4. Radios must support 800 MHz SmartNet/Smart Zone Digital Trunking
and Analog Conventional operation for interoperability requirements
1.1.5. Portables must support the ability to change radio parameters while unit
is deployed in the field
Add System Talkgroup
Replace Talkgroup
Add Talkgroup to the Zone Table
Replace Talkgroup with another Talkgroup in the Zone Table
Update any other Radio’s Parameter
Radio must be able to receive audio transmissions during a POP25
programming session
RFP 7625 Transfort Radio Replacement & Maintenance Page 4 of 42
POP25 programming session cannot be aborted if interrupted by
receive audio
Voice transmissions must take priority over the data transmission.
1.1.6. Portable and mobiles must be able to send and receive free-form or pre-
stored text messages to other radios or dispatch operators
1.1.7. The units shall be of current production and shall meet the applicable
sections of MIL-STD-810E "Environmental Test Methods and
Engineering Guidelines". Also, all radio equipment shall meet the
requirements of TIA/EIA-603 "Land Mobile FM or PM Communications
Equipment Measurement and Performance Standards" when operated
in the analog mode.
1.1.8. Radio must be equipped with an emergency button that presents an
alarm at the console with ID, and opens the channel for a prescribed
time. In addition, the Emergency alert shall be initiated by the subscriber
unit user or by a console operator. Receipt of an Emergency alert at a
console shall cause a latch up output for operation of external alarms.
The console operator shall be able to release this latch.
1.1.9. Radios shall provide multiple user selected or automatic operating
behaviors such as lighting, audio level and tones as an aid to the user
1.1.10. Radio must be configurable to adjust audio level, lighting and tones
through user selected or automated options
1.1.11. Radio must use color to notify the user of the radio mode, potential
emergencies or specific events
1.1.12. Radio must have adjustable microphone audio gain and microphone
Automatic Gain Control
1.1.13. Radio must have adjustable speaker treble
1.1.14. Radio must be equipped with an internal USB port for high speed
programming of radio configuration and software upgrades
1.1.15. Radio must have a Signal Strength Indicator ICON (Trunking feature
only - Radios w/ display)
1.1.16. Copying of radio channel information and radio configuration between
portable and mobiles should be achieved by simple "Drag and Drop"
operation.
1.1.17. Radio should meet MIL Spec 810C, D, E and F
1.1.18. Radio must support Project 25 encryption and be capable of Advanced
Digital Privacy Encryption
1.1.18.1. Radio must support multiple encryption keys
1.1.19. Shall provide a means to reprogram or re-key “Over the Air” while the
unit remains in the field
1.1.20. Radios must have the option of supporting software-based encryption
RFP 7625 Transfort Radio Replacement & Maintenance Page 5 of 42
algorithms to allow for different cost choices for users
1.1.21. Radio must have the option of being equipped with FIPS certified Type 3
encryption
1.1.22. Radio must provide the ability to consolidate all call lists underneath one
unified call list.
1.1.23. Control station antenna systems must be public safety grade antennae
systems
1.2. Portable Radio Specification
1.2.1. General
1.2.1.1. Radio must be equipped with a top display
1.2.1.2. Radio must be equipped with dual microphones on the front
display side of the radio and its opposite side to allow for
background noise reduction DSP algorithm to adaptively
suppress background noise picked up by the radio
microphones
1.2.1.3. Radio must have programmable switches
1.2.1.4. Radio must offer option to meet IP67 submersibility
standards
1.2.1.5. Portables must support the ability to provide the radio user
with a pre-recorded voice announcement containing unique
audio announcements of the radios’ talkgroups and
channels, and to several radio features such as scan,
monitor, direct mode, and transmit inhibit
Audio files must be recorded in WAV. format
Audio files must be programmed to radio and assigned
to the respected talkgroup, channel or feature via
programming software
• The radio programmer can configure the priority of the
announcement over the audio of a call received.
• Voice transmissions must take priority over the data
transmissions
1.2.1.6. The housing shall be constructed of high impact
polycarbonate plastic or other suitable high impact material
1.2.1.7. The radio must employ an immersion-sealed metal housing
encased in high-grade polymer
1.2.1.8. Radios should ensure a secure grip, while providing a wider
control top area
1.2.1.9. Radio must be equipped with the AMBE+2 Vocoder
1.2.1.10. Radios must have Multiple color housings for easy
RFP 7625 Transfort Radio Replacement & Maintenance Page 6 of 42
identification
1.2.1.11. Radio must have a front color display (on designated radios
that require a display)
1.2.1.12. Radio must be equipped with Soft front programmable
buttons that show the function of the button on the radio
display
1.2.2. Portable Radio Accessories
1.2.2.1. Portable radios must be equipped with smart batteries that
can provide automated battery maintenance that evaluates
the details of the battery’s usage pattern to determine the
optimal reconditioning interval
1.2.2.2. Portable radio chargers must be able to provide the following
information: (1) battery capacity and voltage while charging,
(2) time remaining to complete rapid charging, (3) battery
charge status, and (4) battery’s unique serial number, part
number and chemistry
1.2.2.3. Portable radio batteries may be left in the chargers for
extended periods without heat damage due to the charger
1.2.2.4. Portable radio batteries shall be subjected to rigorous drop,
vibration and ESD (Electrostatic Discharge) tests
1.2.2.5. Remote Speaker Microphones (RSMs) shall be available for
portable radios and meet IP67 requirements for
submersibility and ruggedness
1.2.2.6. RSMs shall be available with user configurable
programmable buttons and user configured and with 8
character display. In addition, volume control, channel
selector and emergency button shall be available
1.2.2.7. RSMs should lessen noise caused by severe weather
conditions or ambient noise.
1.2.3. Mobile Radio Specifications
1.2.4. Mobile radios must be equipped with soft programmable keys
1.2.5. Mobile radios must be equipped with programmable switches
1.2.6. Mobile radios must be available in remote mount configuration
1.2.7. Mobile radios must offer an external speaker option
1.2.8. Mobile must provide the ability to send a single shutdown command from
the dispatcher unit to disable a disruptive, lost or stolen unit
1.2.9. The mobile radio display shall not display less than 14 characters and its
brightness shall be user adjustable
1.2.10. The unit shall be equipped with an external data port. This data port shall
allow for connection of test equipment and radio programming devices.
RFP 7625 Transfort Radio Replacement & Maintenance Page 7 of 42
1.3. Multi-Channel Tone Remote Desktop Radio Specifications
1.3.1. Remote desktop radios must be equipped with at a minimum 16
programmable buttons
1.3.2. Remote desktop radios must be equipped with 2 Line x 20 Character Backlit
Display
1.3.3. Remote desktop radios must be capable of up to 16 frequencies on tone
1.3.4. Remote desktop radios must be equipped with a minimum of 4 frequency
station control (tone and DC)
1.3.5. Remote desktop radios must be equipped with a push-to-talk handset
1.3.6. Remote desktop radios must be equipped with volume control and transmit
LED
1.3.7. Remote desktop radios must be equipped with a monitor switch
1.3.8. Remote desktop radios must have a 120V AC power supply
1.3.9. Remote desktop radios must capable of supervisor takeover or line select
(tone & DC)
1.3.10. Remote desktop radios must have a small footprint no larger than 10”W x
10”D X 5”H
1.4. Multiband Radio Consolette Specifications
1.4.1. Radio consolettes must be multiband interoperable
1.4.2. Radio consolettes must be equipped with integrated encryption hardware
1.4.3. Radio consolettes must be capable of supporting radio profiles
1.4.4. Radio consolettes must be support USB communications
1.4.5. Radio consolettes must be capable of tone remote control
1.4.6. Radio consolettes must be support unified call list
1.4.7. Radio consolettes must be equipped with embedded digital signaling
1.4.8. Radio consolettes must be equipped with a narrow and wide bandwidth digital
receiver
1.4.9. Radio consolettes must be capable of seamless wideband scan
1.4.10. Radio consolettes must support multiple interfaces including recorder, wireline,
vehicle interface port, crosspatch and headsets
1.5. Mobile Radio Accessories Specifications
1.5.1. The units shall be equipped with a palm type microphone with coiled
cord of the plug-in type. Remote units for outside vehicle use shall have,
at a minimum, a weatherproof rating
1.5.2. Each unit shall be equipped with an in-vehicle speaker of the plug-in
type. Remote speakers for outside vehicle use shall have, at a minimum,
RFP 7625 Transfort Radio Replacement & Maintenance Page 8 of 42
a weatherproof rating
1.5.3. Existing XTL Series mobile antennas and cables shall not be reused.
2. Security Requirements
All subscribers shall have the capability to utilize a radio authentication algorithm to
keep unauthorized subscribers / users from gaining access to the system. This shall
eliminate the ability for illegally cloned radios from interfering with agencies operations.
The desired method shall include a process that includes:
1. When a radio initially powers on or attempts to register with the system, it will
send a ‘registration request to the system
2. The system will issue an challenge to the radio requesting an authentication key
that has been loaded into the user radio (physically connected to a device to load
this authentication key, not an over-the-air download
3. The radio will respond to this challenge with a response (it’s authentication key)
4. The system will verify that the response is correct (based on an internally stored
database)
5. If the response matches the challenge, the radio will be allowed to access the
system
6. If the response does not match, the system will reject the request and the radio
will not be allowed to access the network.
The network administrator shall have the capability to configure the system to support:
1. All users requiring authentication
2. Only selective users requiring authentication
3. No authentication required
This will allow for a smooth migration from no authentication to full authentication as
required over time and will allow for non-Ft. Wayne roaming radios to have access to
the system when require
RFP 7625 Transfort Radio Replacement & Maintenance Page 9 of 42
3. Subscriber Units Specification Compliance Tables
Table 1: Portable Subscriber Transmitter Typical Performance Specification - 700/800
MHz
Portable Subscriber Radio Units Specifications
Transmitter Typical Performance Specification -
700/800 MHz Requirement
Frequency Range/Bandsplits 700 MHz: 764-776, 794-806,
800 MHz: 806-824, 851-870
Channel Spacing 12.5 / 20/ 25kHz
Maximum Frequency Separation Full Bandsplit
Rated RF Output Power Adj* 1 to 3 W Max
Frequency Stability* (-30° C to +60°C; +25°C Ref.) ±0.00015%
Modulation Limiting*
25 kHz channel
NPSPAC channel
12.5 kHz channel
±5.0 kHz
±4.0 kHz
±2.5 kHz
Emissions* (Conducted & Rated) -75 dBc
Audio Response*
(6db/Octave Pre-emphasis from 300 to 3000 Hz)
+1, -3 dB
FM Hum and Noise
25KHz
12.5KHz
-45 dB
-40dB
Audio Distortion* 1.5 %
RFP 7625 Transfort Radio Replacement & Maintenance Page 10 of 42
Table 2: Portable Subscriber Receiver Typical Performance Specification - 700/800
MHz
Portable Subscriber Radio Units Specifications
Receiver Typical Performance Specification -
700/800 MHz Requirement
Frequency Range/Bandsplits 700 MHz: 764-777
800 MHz: 851-870
Channel Spacing 12.5 /25 kHz
Maximum Frequency Separation Full Bandsplit
Audio Output Power at Rated* 500 mW
Frequency Stability* (-30° C to +60°C; +25°C Ref.) ±0.00015%
Analog Sensitivity*
12 dB SINAD
Digital Sensitivity
1% BER,
5% BER
.25 uV
.40uV
.25 uV
Selectivity*
25 kHz channel
12.5 kHz channel
-72 dB
-63 dB
Intermodulation -80 dB
Spurious Rejection -75 dB
FM Hum and Noise
12.5 kHz : -40 dB
25 kHz : -47 dB
Audio Distortion* 1.50%
RFP 7625 Transfort Radio Replacement & Maintenance Page 11 of 42
Table 3: Mobile Subscriber Transmitter Typical Performance Specification - 700/800
MHz
Mobile Subscriber Radio Units Specifications
Transmitter Typical Performance Specification
- 700/800 MHz Requirement
Frequency 764-776 MHz, 794-806 MHz
806-825 MHz, 851-870 MHz
RF Power 10-30W (764-806 MHz)
10-35W (806-870 MHz)
Maximum Frequency Separation Full Bandsplit
Freq Stability Operating Freq Accuracy
(-30C to +60C; +25C Ref) - 700/800 MHz 1.5 ppm
Modulation Limiting
25/20 kHz, 25 kHz, 25/30 kHz channel
12.5 kHz channel
±5 kHz, +/-4 kHz (NPSAC)
±2.5 kHz
Modulation Fidelity (C4FM) 12.5 kHz digital
channel ±2.8 kHz
Channel Spacing Analog 12.5/20/25 kHz
FM Hum and Noise
20/25 kHz, 25 kHz, 20/25 kHz,
12.5 kHz
40 dB
34 dB
Emissions
(GNSS = Global Navigation Satellite System)
Conducted
Radiated
-70dBc,
-85 dBc (GNSS)
Audio Response (6 dB/Octave Pre-Emphasis from
300 to 3000 Hz) +1, -3 db (EIA)
Audio Distortion per EIA 3%
RFP 7625 Transfort Radio Replacement & Maintenance Page 12 of 42
Table 4: Mobile Subscriber Receiver Typical Performance Specification - 700/800 MHz
Mobile Subscriber Radio Units Specifications
Receiver Typical Performance Specification -
700/800 MHz Requirement
Frequency Range/Bandsplits 764-776 MHz, 851-870 MHz
Channel Spacing 12.5 / 20/ 25 kHz
Maximum Frequency Separation Full Bandsplit
Analog Sensitivity*
20 dB Quieting
12 dB SINAD
.30 uV
.25 uV
Digital Sensitivity
1% BER
5% BER
.30 uV
.25 uV
Imtermodulation Distortion 80 dB
Spurious Response Rejection 90 dB
Audio Output Power at 3% distortion
(external/internal speaker)
7.5 W (8 Ω ext speaker)
3 W (3.2 Ω ext speaker)
Adjacent Channel Rejection Selectivity
(12.5 kHz/25 kHz) 65 dB / 80 dB
Audio Response (6 dB/Octave Pre-Emphasis from
300 to 3000 Hz) +1, -3 db (EIA)
RFP 7625 Transfort Radio Replacement & Maintenance Page 13 of 42
4. WARRANTY, SOFTWARE AND INSTALLATION
4.1. Proposals must include the licensing requirements and any on-going charges
relative to the software licensing, programming, maintenance and installation
required for the activation, installation and proper use of all two-way radio
components.
4.2. Proposals must include the conditions for warranty of equipment and software.
The “City” is requesting a minimum of two (2) years warranty on major equipment
components, one (1) year warranty on non-consumable accessories and two (2)
years warranty on all software.
4.2.1. On-site installation and programming for all two-way radio equipment,
antennae, cable runs and accessories. Proposals should include rates for
initial installation and programming as well as replacements and new
installations and programming. *As noted, equipment will be incrementally
replaced throughout the contract period. Pricing for equipment, installation
and programming should be identified for all equipment purchased during this
contract period.
4.2.2. Warranty of production equipment and spare parts to be administered through
on-site and return merchandise authorization (RMA) process as applicable.
Proposals should include costs for initial warranty period as well as annual
extended equipment warranty.
4.2.3. Proposals should include pricing for services support service on a “per visit”
basis to be executed at the option of the “City”. Support services include
troubleshooting, repairs and other services outside the scope of the warranty
period.
5. EQUIPMENT LIST
5.1. The “City” seeks to replace its entire inventory of transit radios with the exception
of recently purchased equipment to prepare for TDMA Project 25, Phase 2
requirements. Proposals should include pricing for incremental replacement of
radios between the date of execution of a contract and December 31, 2016.
Additionally, the “City” seeks to establish pricing for options to be executed upon
the “City’s” request during the contract period and all valid contract extension
periods. The following list demonstrates the equipment types and quantities to
be replaced as well as desired options. Proposals should also include any
suggested accessories, software and equipment not already specified if deemed
necessary or operationally significant.
Item Type Quantity Options
Mobile Radio 55 21
Portable Radio 15 10
Remote Desktop Radio 12 6
Consolette 5 2
Portable Radio Battery 20 10
Multi-Battery Charger (4-8 Battery Capacity) 4 2
Single Battery Charger/Conditioner 10 10
RFP 7625 Transfort Radio Replacement & Maintenance Page 14 of 42
6. REVIEW & ASSESSMENT
6.1. Assessment Criteria
Professional firms will be evaluated on the following criteria. These criteria will
be the basis for review of the written proposals and 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 Firm Capability /
Motivation
Does the firm have the support capabilities
the assigned personnel require? Has the
firm done previous projects of this type and
scope? Is the firm interested and are they
capable of doing the work in the required
time frame?
3.0 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?
1.0
UDBE
Is the primary firm a UDBE or has the
primary firm submitted UDBE participation
that meets or exceeds UDBE goal for the
project?
RFP 7625 Transfort Radio Replacement & Maintenance Page 15 of 42
6.2. Reference Evaluation (Top Ranked Firm)
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
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly? Were
problems corrected quickly and effectively?
RFP 7625 Transfort Radio Replacement & Maintenance Page 16 of 42
7. SAMPLE SERVICES AGREEMENT
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. Irrespective of references in Exhibit
A to certain named third parties, Professional shall be solely responsible for performance
of all duties hereunder.
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
RFP 7625 Transfort Radio Replacement & Maintenance Page 17 of 42
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 , 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.
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:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
City of Fort Collins
Attn: Purchasing Dept.
RFP 7625 Transfort Radio Replacement & Maintenance Page 18 of 42
PO Box 580
Fort Collins, CO 80522
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, ($ ) as 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
RFP 7625 Transfort Radio Replacement & Maintenance Page 19 of 42
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
12. 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.
13. 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.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, 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.
15. Default. Each and every term and condition hereof shall be deemed to be a material
RFP 7625 Transfort Radio Replacement & Maintenance Page 20 of 42
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.
16. 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.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
18. 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.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
RFP 7625 Transfort Radio Replacement & Maintenance Page 21 of 42
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.
20. 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.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify 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.
RFP 7625 Transfort Radio Replacement & Maintenance Page 22 of 42
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an investigation
that the Department undertakes or is undertaking pursuant to the authority established
in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of ( ) pages, attached hereto and incorporated herein by this
reference.
RFP 7625 Transfort Radio Replacement & Maintenance Page 23 of 42
RFP 7625 Transfort Radio Replacement & Maintenance Page 24 of 42
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
TITLE
Date:_____________________________
RFP 7625 Transfort Radio Replacement & Maintenance Page 25 of 42
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.
RFP 7625 Transfort Radio Replacement & Maintenance Page 26 of 42
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
RFP 7625 Transfort Radio Replacement & Maintenance Page 27 of 42
EXHIBIT
FEDERALLY REQUIRED TERMS & CONDITIONS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................................. 28
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS ................................................................................................................................. 28
3. ACCESS TO RECORDS AND REPORTS ......................................................................... 28
4. FEDERAL CHANGES ........................................................................................................ 30
5. TERMINATION ................................................................................................................... 30
6. CIVIL RIGHTS REQUIREMENTS ...................................................................................... 31
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ...................................................... 32
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............. 32
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ....... 33
10. BUY AMERICA ................................................................................................................... 34
11. BREACHES AND DISPUTE RESOLUTION ...................................................................... 35
12. LOBBYING ......................................................................................................................... 36
13. CLEAN AIR ......................................................................................................................... 37
14. CLEAN WATER REQUIREMENTS .................................................................................... 37
15. CARGO PREFERENCE REQUIREMENTS ....................................................................... 38
16. FLY AMERICA REQUIREMENTS ...................................................................................... 38
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ...................................... 38
18. ENERGY CONSERVATION REQUIREMENTS ................................................................. 40
19. RECYCLED PRODUCTS ................................................................................................... 40
20. Conformance with ITS National Architecture ................................................................. 40
21. ADA Access ....................................................................................................................... 40
22. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS ................................... 40
23. CITY OF FORT COLLINS BID PROTEST PROCEDURES ............................................... 41
RFP 7625 Transfort Radio Replacement & Maintenance Page 28 of 42
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
RFP 7625 Transfort Radio Replacement & Maintenance Page 29 of 42
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
Operationa
l Service
Contract
Turnkey Constructio
n
Architectural
Engineering
Acquisitio
n 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
RFP 7625 Transfort Radio Replacement & Maintenance Page 30 of 42
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 (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it
is in the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner
the (Recipient) directs.
B. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract,
the (Recipient) may terminate this contract for default. Termination shall be effected
by serving a notice of termination on the contractor setting forth the manner in which
the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner
of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or
are beyond the control of the Contractor, the (Recipient), after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may,
in the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt
by Contractor of written notice from (Recipient) setting forth the nature of said breach
or default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor
and its sureties for said breach or default.
D. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
E. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
RFP 7625 Transfort Radio Replacement & Maintenance Page 31 of 42
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
F. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
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.
RFP 7625 Transfort Radio Replacement & Maintenance Page 32 of 42
(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)
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_ %.
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)).
c. 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,
the contractor is required to return any retainage payments to those
subcontractors within 30 days after the subcontractor's work related to this
contract is satisfactorily completed.
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
RFP 7625 Transfort Radio Replacement & Maintenance Page 33 of 42
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, 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:
RFP 7625 Transfort Radio Replacement & Maintenance Page 34 of 42
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. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA-funded projects are produced in the United States, unless a waiver
has been granted by FTA or the product is subject to a general waiver. General waivers
are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, and
microcomputer equipment and software. Separate requirements for rolling stock are set
out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in
the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification (below) with all bids or offers on FTA-funded contracts, except those subject to
a general waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to lower
tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date ___________________________________________________________________
Signature ________________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
RFP 7625 Transfort Radio Replacement & Maintenance Page 35 of 42
Certification requirement for procurement of buses, other rolling stock and
associated equipment
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to
49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
11. 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
RFP 7625 Transfort Radio Replacement & Maintenance Page 36 of 42
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.
12. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part
20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf
with non-Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
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.
RFP 7625 Transfort Radio Replacement & Maintenance Page 37 of 42
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be
codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq.,
apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
13. 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.
14. CLEAN WATER REQUIREMENTS
Clean Water –
RFP 7625 Transfort Radio Replacement & Maintenance Page 38 of 42
(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.
15. 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.
16. 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.
17. 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
RFP 7625 Transfort Radio Replacement & Maintenance Page 39 of 42
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.
(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.
RFP 7625 Transfort Radio Replacement & Maintenance Page 40 of 42
18. 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.
19. 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.
20. Conformance with ITS National Architecture
To the extent applicable, the Contractor agrees to conform to the National Intelligent
Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §
5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, “FTA National ITS
Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and
any other implementing directives FTA may issue at a later date, except to the extent FTA
determines otherwise in writing.
21. 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 buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
22. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS
- Buy America certification is mandated under FTA regulation, "Pre-Award and Post-
Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13.
-- Specific language for the Buy America certification is mandated by FTA regulation,
"Buy America Requirements--Surface Transportation Assistance Act of 1982, as
amended,"
49 C.F.R. 661.12, but has been modified to include FTA's Buy America requirements
codified at 49 U.S.C. A 5323(j).
Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply
with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to
submit the following certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration
certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror
RFP 7625 Transfort Radio Replacement & Maintenance Page 41 of 42
certifies compliance with Buy America, it shall submit documentation which lists 1)
component and subcomponent parts of the rolling stock to be purchased identified by
manufacturer of the parts, their country of origin and costs; and 2) the location of the
final assembly point for the rolling stock, including a description of the activities that will
take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it
will be capable of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1)
manufacturer's FMVSS self-certification sticker information that the vehicle complies
with relevant FMVSS or 2) manufacturer's certified statement that the contracted
buses will not be subject to FMVSS regulations.
BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS
FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
(To be submitted with a bid or offer exceeding the small purchase threshold for Federal
assistance programs, currently set at $100,000.)
Certificate of Compliance
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section
5323(j)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
amended, and the regulations of 49 C.F.R. 661.11:
Date: ___________________________________________________________________
Signature: _______________________________________________________________
Company Name: _________________________________________________________
Title: ___________________________________________________________________
Certificate of Non-Compliance
The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C.
Section 5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act
of 1982, as amended, but may qualify for an exception to the requirements consistent with
49 U.S.C. Sections 5323(j)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface
Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7.
Date: ___________________________________________________________________
Signature: _______________________________________________________________
Company Name: _________________________________________________________
Title: ___________________________________________________________________
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 7625 Transfort Radio Replacement & Maintenance Page 42 of 42
None
None unless
non-
competitive
award
None
None
unless
non-
competitiv
e 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)