HomeMy WebLinkAboutRFP - 8512 TRANSFORT FACILITY VIDEO SECURITY SYSTEMRFP 8512 Transfort Facility Video Security System Page 1 of 41
REQUEST FOR PROPOSAL
8512 TRANSFORT FACILITY VIDEO SECURITY SYSTEM
The City of Fort Collins is requesting proposals from qualified firms for preventative and
corrective maintenance for its hardware and software on existing Facility Video Security
Systems on behalf of the City's transit department, Transfort. The City is also seeking quotes
for fixed pricing for Facility Video Security System equipment
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB 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 must be
received before 3:00 p.m. (our clock), April 21, 2017 and referenced as Proposal No. 8512.
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. Please note,
additional time is required for bids mailed to the PO Box to be received at the Purchasing
Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
Questions concerning the scope of the bid should be directed to Project Manager, Craig Dubin,
at (970) 224-6196 or cdubin@fcgov.com.
Questions regarding bid submittal or process should be directed to Doug Clapp,
CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com.
All questions must be submitted in writing via email to Craig Dubin , with a copy to
Doug Clapp, no later than 5:00 PM our clock on April 12, 2017. Questions received after
this deadline will not be answered.
A copy of the RFP may be obtained at www.rockymountainbidsystem.com.
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. All provisions of any contract resulting from this request for proposal will be
public information.
New Vendors:
The City requires new vendors receiving awards from the City to fill out and submit an IRS form
W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the
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 8512 Transfort Facility Video Security System Page 2 of 41
Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other
state and local governmental agencies, political subdivisions, and/or school districts to utilize the
resulting award under all terms and conditions specified and upon agreement by all parties.
Usage by any other entity shall not have a negative impact on the City of Fort Collins in the
current term or in any future terms.
Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of
the organization’s philosophy and approach to Sustainability. In no more than two (2) pages
please describe how your organization strives to be sustainable in the use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates
the Triple Bottom Line into our decision process by including economic (or financial),
environmental, and social factors in our evaluation.
The selected Service Provider shall be expected to sign the City’s standard Agreement without
revision prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Purchasing Director
RFP 8512 Transfort Facility Video Security System Page 3 of 41
REQUEST FOR PROPOSAL
8512 TRANSFORT FACILITY VIDEO SECURITY SYSTEM
Section 1.0 Proposal Requirements
1.1 General Description
The City of Fort Collins (CFC) is soliciting proposals for preventative and corrective
maintenance for its hardware and software on existing Facility Video Security Systems
on behalf of the City's transit department, Transfort. The CFC is also seeking quotes for
fixed pricing for Facility Video Security System equipment.
1.2 Proposal Submittal
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation
and presentation of their proposal.
Firms submitting proposals shall submit the proposal with the following information:
a. Company history and experience in the installation and maintenance of Facility
Video Security Systems, as described in the scope of work.
b. The name of the company representatives responsible for responding to
questions regarding company proposals and for coordinating demonstrations,
interviews, etc.
c. References from five or more organizations which have used your company for
similar products and services within the last two years.
d. A written description of the proposed products and services.
e. Proposed pricing for preventative and corrective maintenance and fixed pricing
purchase option for Facility Video Security System Equipment.
f. Signed Federal forms:
- Buy America Certification
- Certificate Regarding Lobbying
Note: Proposals must address requirements in the order presented in this RFP,
starting with this document then proceeding through the Submittals identified in
this Section 1.2 in numerical order.
The proposal must be signed by a duly authorized representative of the firm submitting
the proposal. The signature shall include the title of the individual signing the proposal.
Section 2.0 Background
Transfort currently has a fully featured video surveillance systems utilizing Salient
CompleteView as the central management system and a variety of 158 Axis, Pelco and Bosch
PoE IP cameras, covering three transit facilities, one maintenance facility and 19 bus rapid
transit stations.
Section 3.0 Scope of Work
Transfort is seeking a turn-key preventative and corrective maintenance service plan for its
video surveillance hardware and software. This service plan will include software maintenance
of the Salient software system, hardware preventive maintenance, repair and replacement as
necessary of all 158 existing cameras, all six (6) microphones and all five (5) panic alarm
RFP 8512 Transfort Facility Video Security System Page 4 of 41
hardware within the system. The City will be responsible for hardware and operating software
maintenance on DVR servers. The awarded vendor will be responsible for Salient or approved
equivalent video management software upgrades and software maintenance of video
surveillance software on the DVR servers.
3.1 Service Plan
The service plan will include replacing any of the existing equipment (excluding
power supplies) included in the functional equipment list in Section 3.9. The
service plan will include:
• All labor necessary to maintain the equipment
• All parts and equipment
• Monthly maintenance testing of recorded output
• Camera cleaning (minimum once per year)
• Monthly reports (reference 3.8 below)
• Support agreement coverage is Monday through Friday, 8 am to 5 pm.
• Call back within two (2) hours of initial call or email
• A 4-hour on-site response time for all service needs
3.2 Software Upgrades and Patches
All software upgrades and patches are to be included in the service plan. Typically,
Salient releases updates on a quarterly basis with major upgrades every few years. The
service plan shall provide the City with an annual subscription to all the latest patches,
upgrades and releases. With the service plan in place, all patches, upgrades and
releases are to be provided at no additional charge to the City. Upon direction of the
CFC awarded vendor shall electronically track new upgrades as they are released and
implemented after testing in accordance with a mutually agreeable test plan. All
approved upgrades will be implemented no longer than three months after release of the
upgrade or as otherwise mutually agreed.
3.3 Service Tickets
The awarded vendor will be required to track City requests through a work order tracking
system that provides a unique identifier per ticket, time and date of the initial request,
status of the ticket as well as the time and date of the final resolution. The City prefers
such work order tracking system is electronic. This information is required to be
provided to City staff for tracking and status purposes.
3.4 Part Replacement
If a part needs to be replaced, the service technician will use City spare parts if available
to repair the system. Any spare parts taken from City inventory will be replaced by the
vendor at no additional cost to Transfort. Replacement spare parts will be new unless
otherwise agreed by the City.
3.5 Escalation
The awarded vendor is required to escalate any tickets that have not been diagnosed
within one hour of troubleshooting to a service manager. This escalation is to be
RFP 8512 Transfort Facility Video Security System Page 5 of 41
included on the service ticket tracking system and will be available to City staff.
3.6 Remote Access
The awarded vendor will be provided VPN access to the Salient or approved equivalent
Video Management system and cameras. Each member of the awarded vendor that
needs to access the City network through VPN connection must submit a VPN form and
may not share credentials. The awarded vendor will be required to update the City any
time a VPN user has terminated employment.
3.7 Warranty Reporting
The awarded vendor must report at least annually, or as requested by the City, on the
warranty status of any hardware under manufacturer’s warranty, including the warranty
status of any replacement parts or additional items. The report format must be approved
by the City.
3.8 Preventive Maintenance
The maintenance performed shall be focused on the following areas:
1. All cameras shall be cleaned internally and externally a minimum of once a year
or in accordance with manufacturer’s recommendation maintenance schedule
whichever is shorter, or whenever image quality is compromised due to factors
such as weather or vandalism.
2. Monthly reports shall be generated and sent to a City of Fort Collins
representative detailing the following information:
a. List of all activities associated with preventive maintenance of the existing
video management systems.
b. List of all activities associated with camera and DVR issues, down time,
problem resolutions.
Awarded vendor shall maintain the existing video management systems at Transfort’s
facilities. The existing DVRs and cameras shall be fully functional to the limit of their
hardware and software capabilities. A single point of contact shall be provided for all
maintenance activities. Preventative and corrective maintenance shall be performed at
the following facilities:
3.9 Functional Equipment List by Location
A. Transfort Maintenance Facility (TMF) - 6570 Portner Road
Make Model Equipment Type Quantity
Axis 3346V IP Camera 11
Axis 3346VE IP Camera 12
Axis P5534E IP Camera 3
Bosch Dinion-IP-NWC-0495 IP Camera 1
Pelco IP110 PTZ IP Camera 1
Axis Unknown Microphone 1
B. Downtown Transit Center (DTC) - 250 North Mason Street
Make Model Equipment Type Quantity
Axis 3364VE IP Camera 6
Axis 3346V IP Camera 5
RFP 8512 Transfort Facility Video Security System Page 6 of 41
Axis 3346VE IP Camera 2
Axis P5534E PTZ IP Camera 1
Axis 1347 IP Camera 1
Pelco IP110 IP Camera 2
Axis Unknown Microphone 2
Axis Unknown Microphone Mixer 1
C. Colorado State University Transit Center (CTC) - North End of the Lory Student
Center, lower level
Make Model Equipment Type Quantity
Axis Q1755 IP Camera 2
Axis 3346V IP Camera 1
Axis M3007 IP Camera 1
Bosch Dinion-IP-NWC-0495 IP Camera 4
Axis Unknown Microphone 1
D. South Transit Center (STC) – 4915 Fossil Boulevard
Make Model Equipment Type Quantity
Axis 3346V IP Camera 10
Axis 3346VE IP Camera 22
Axis 3364VE IP Camera 2
Axis P5534E IP Camera 1
Axis Q1765 PTZ IP Camera 1
Axis Unknown Microphone(integrated) 2
E. MAX BRT Line – Mason Corridor originating at STC and terminating at DTC
Make Model Equipment Type Quantity
Axis 3346VE IP Camera 11
Axis 3364VE IP Camera 36
Axis P5534E IP Camera 1
The following map shows the approximate location of the different facilities, current and
future. All facilities are currently connected via gigabit WAN fiber optic communication.
Figure 1 Mason Corridor BRT
RFP 8512 Transfort Facility Video Security System Page 7 of 41
Figure 2 Transfort Transit Facilities
RFP 8512 Transfort Facility Video Security System Page 8 of 41
Section 4.0 Price Proposal
Preventative Maintenance cost: ____________________________________
Corrective Maintenance:
Turnkey approach: _______________________________________
Labor & Materials: ________________________________________
* Attach additional page(s) as necessary to detail proposed pricing
Section 5.0 Additional Hardware Options
The City requests vendors to provide firm fixed pricing for new Facility Video Security System
equipment to include installation, preventative and corrective maintenance. Pricing for cameras
will be the same models listed in Section 3.9 or equivalent. Substitutions due to changing
technology must be documented at the time of the purchase. Any additional equipment will be
subject to the same service plan requirements as part of this scope of work.
Pricing for Cameras, Labor and Lifts
Item Model Unit Mater
ial
Cost
Installation
Cost
Annual
Maintenance
Cost
Notes &
Overtime
Rates:
Interior Fixed
Camera
each
Exterior
Fixed
Camera
each
Interior PTZ
Camera
each
Exterior PTZ
Camera
each
Interior 365°
Camera
each
Exterior 365°
Camera
each
Interior 180°
Camera
each
Exterior 180°
Camera
each
RFP 8512 Transfort Facility Video Security System Page 9 of 41
Cable Labor Per
hour
Equipment
Labor
Per
hour
Programming
Labor
Per
hour
Engineering
Labor
Per
hour
Daily Lift
Charge
Daily
Weekly Lift
Charge
Weekly
Section 6.0 Evaluation
6.1 Evaluation and Assessment of Proposal
An evaluation committee shall rank the interested firms based on their written proposals
using the ranking system set forth below. Firms shall be evaluated on the following
criteria. At the discretion of the City, interviews of the top rated firms may be conducted.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and
5 an outstanding rating. Weighting factors for the criteria are listed adjacent to the
qualification.
WEIGHTING
FACTOR 1BQUALIFICATION 2BSTANDARD
2.0 Scope of
Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an understanding
of the project objectives, methodology to be used
and results/outcomes required by the project? Are
there any exceptions to the specifications, Scope of
Work, or agreement?
1.0 Assigned
Personnel
Do the persons who will be working on the project
have the necessary skills and qualifications? Are
sufficient people of the requisite skills and
qualifications 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?
RFP 8512 Transfort Facility Video Security System Page 10 of 41
1.0 Technical
Requirements
Does the proposal address the technical
requirements of the project? Has the firm provided
an adequate description of their proposed system?
2.0 Firm Capability
Does the firm have the resources, financial
strength, capacity and support capabilities required
to successfully complete the project on-time and in-
budget? Has the firm successfully completed
previous projects of this type and scope?
2.0 Cost
Does the proposal included detailed cost break-
down for each cost element as applicable and are
the line-item costs competitive?
1.0
DBE
Is the primary firm a DBE or has the primary firm
submitted DBE participation that meets or exceeds
the City’s DBE goal?
6.2 Reference Evaluation (Top-ranked firms)
The Project Managers will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory / Unsatisfactory.
0BQUALIFICATION STANDARD
Overall Performance Would you hire this company again
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Completeness
Was the company responsive to client needs; did the
company anticipate problems? Were problems solved
quickly and effectively?
Budget Was the original Scope of Work completed within the project
budget?
Job Knowledge Did company personnel exhibit the knowledge and skills
necessary for the efficient completion of the Scope of Work?
Section 7.0 Proposal Acceptance
All proposals shall remain subject to initial acceptance 90 days after the day of submittal.
Awarded firm must conclude an agreement with the City within 45 days after notice of
award. A sample of the City's Standard Services Agreement is attached as Attachment
A.
RFP 8512 Transfort Facility Video Security System Page 11 of 41
ATTACHMENT A – 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, Service Provider 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. 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. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
RFP 8512 Transfort Facility Video Security System Page 12 of 41
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:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
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.
7. 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.
8. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
9. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
10. 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
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.
11. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
RFP 8512 Transfort Facility Video Security System Page 13 of 41
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
attorney fees and costs incurred because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
RFP 8512 Transfort Facility Video Security System Page 14 of 41
17. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of one (1) page, attached hereto and incorporated herein by
this reference. The Service Provider before commencing services hereunder, shall
deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522,
one copy of a certificate evidencing the insurance coverage required from an
insurance company acceptable to the City.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
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
RFP 8512 Transfort Facility Video Security System Page 15 of 41
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
21. 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 one (1) page, attached hereto and incorporated herein by this reference.
RFP 8512 Transfort Facility Video Security System Page 16 of 41
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
RFP 8512 Transfort Facility Video Security System Page 17 of 41
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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 $1,000,000 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 8512 Transfort Facility Video Security System Page 18 of 41
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 8512 Transfort Facility Video Security System Page 19 of 41
EXHIBIT
FEDERAL TERMS & CONDITIONS
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or
subcontractors, this concept should flow down to all levels to clarify, to all parties to
the contract, that the Federal Government does not have contractual liability to
third parties, absent specific written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make,
present, or submit covered claims and statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following
language.
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,
RFP 8512 Transfort Facility Video Security System Page 20 of 41
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
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of
Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced,
but the language provided paraphrases the statutory or regulatory language.
Access to Records - The following access to records requirements apply to this
Contract:
1. Where the Purchaser is not a State but a local government and is the FTA
Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.
18.36(i), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller General of the 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.
RFP 8512 Transfort Facility Video Security System Page 21 of 41
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to
provide the Purchaser, the FTA Administrator or his authorized representatives,
including any PMO Contractor, access to the 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. By definition, a major capital
project excludes contracts of less than the simplified acquisition threshold
currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small
purchase or under the simplified acquisition threshold and is an institution of
higher education, a hospital or other non-profit organization and is the FTA
Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.
19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the
Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents, papers and record of the
Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a
capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other
than competitive bidding, the Contractor shall make available records related to
the contract to the Purchaser, the Secretary of Transportation and the
Comptroller General or any authorized officer or employee of any of them for
the purposes of conducting an audit and inspection.
5. 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.
6. 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).
7. FTA does not require the inclusion of these requirements in subcontracts.
RFP 8512 Transfort Facility Video Security System Page 22 of 41
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
of Rolling
Stock
Professional
Services
I State Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
None
None
unless1 non-
competitive
award
Those imposed
on state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/53
11
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
II Non State
Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
RFP 8512 Transfort Facility Video Security System Page 23 of 41
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42
U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their
contracts at every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19,
Appendix A, but FTA has shortened the lengthy text.
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 8512 Transfort Facility Video Security System Page 24 of 41
(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.
6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
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.
7. ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
RFP 8512 Transfort Facility Video Security System Page 25 of 41
The Energy Conservation requirements extend to all third party contractors and
their contracts at every tier and subrecipients and their subagreements at every
tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy
Conservation requirements are so dependent on the state energy conservation
plan. The following language has been developed by FTA:
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.
8. TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and
institutions of higher education,) in excess of $10,000 shall contain suitable
provisions for termination by the grantee including the manner by which it will be
effected and the basis for settlement. (For contracts with nonprofit organizations
and institutions of higher education the threshold is $100,000.) In addition, such
contracts shall describe conditions under which the contract may be terminated for
default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with
the exception of contracts with nonprofit organizations and institutions of higher
learning.
Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are
suggestions of clauses to be used in different types of contracts:
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
RFP 8512 Transfort Facility Video Security System Page 26 of 41
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 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
RFP 8512 Transfort Facility Video Security System Page 27 of 41
be the same as if the termination had been issued for the convenience of the
Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to
pick up the commodities or to perform the services, including delivery services,
within the time specified in this contract or any extension or if the Contractor
fails to comply with any other provisions of this contract, the (Recipient) may
terminate this contract for default. The (Recipient) shall terminate by delivering
to the Contractor a Notice of Termination specifying the nature of default. The
Contractor will only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient
goods, the Contractor shall, upon direction of the (Recipient), protect and
preserve the goods until surrendered to the Recipient or its agent. The
Contractor and (Recipient) shall agree on payment for the preservation and
protection of goods. Failure to agree on an amount will be resolved under the
Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that
the Contractor was not in default, the rights and obligations of the parties shall
be the same as if the termination had been issued for the convenience of the
(Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to
prosecute the work or any separable part, with the diligence that will insure its
completion within the time specified in this contract or any extension or fails to
complete the work within this time, or if the Contractor fails to comply with any
other provisions of this contract, the (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. In this event, the Recipient
may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site
necessary for completing the work. The Contractor and its sureties shall be
liable for any damage to the Recipient resulting from the Contractor's refusal or
failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes
any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor
charged with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond
the control and without the fault or negligence of the Contractor. Examples
of such causes include: acts of God, acts of the Recipient, acts of another
Contractor in the performance of a contract with the Recipient, epidemics,
quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the
RFP 8512 Transfort Facility Video Security System Page 28 of 41
(Recipient), the delay is excusable, the time for completing the work shall be
extended. The judgment of the (Recipient) shall be final and conclusive on
the parties, but subject to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued
for the convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature, extent, and effective date of the termination. Upon
receipt of the notice, the Contractor shall (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer
all data, drawings, specifications, reports, estimates, summaries, and other information
and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the Recipient, the Contracting Officer
shall make an equitable adjustment in the contract price but shall allow no
anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations,
the Recipient may complete the work by contact or otherwise and the
Contractor shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that
the Contractor was not in default, the rights and obligations of the parties shall
be the same as if the termination had been issued for the convenience of the
Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The
(Recipient) may terminate this contract, or any portion of it, by serving a notice
or termination on the Contractor. The notice shall state whether the termination
is for convenience of the (Recipient) or for the default of the Contractor. If the
termination is for default, the notice shall state the manner in which the
contractor has failed to perform the requirements of the contract. The
Contractor shall account for any property in its possession paid for from funds
received from the (Recipient), or property supplied to the Contractor by the
(Recipient). If the termination is for default, the (Recipient) may fix the fee, if
the contract provides for a fee, to be paid the contractor in proportion to the
value, if any, of work performed up to the time of termination. The Contractor
shall promptly submit its termination claim to the (Recipient) and the parties
shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall
be paid its contract close-out costs, and a fee, if the contract provided for
payment of a fee, in proportion to the work performed up to the time of
termination.
RFP 8512 Transfort Facility Video Security System Page 29 of 41
If, after serving a notice of termination for default, the (Recipient) determines
that the Contractor has an excusable reason for not performing, such as strike,
fire, flood, events which are not the fault of and are beyond the control of the
contractor, the (Recipient), after setting up a new work schedule, may allow the
Contractor to continue work, or treat the termination as a termination for
convenience.
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.
RFP 8512 Transfort Facility Video Security System Page 30 of 41
By signing and submitting its bid or proposal, the bidder or proposer certifies as
follows:
The certification in this clause is a material representation of fact relied upon by the
City of Fort Collins. If it is later determined that the bidder or proposer knowingly
rendered an erroneous certification, in addition to remedies available to the City of
Fort Collins, 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 REQUIREMENTS
(49 U.S.C. 5323(j) 49 CFR Part 661)
Applicability to Contracts
The Buy America requirements apply to the following types of contracts: Construction
Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000).
Flow Down
The Buy America requirements flow down from FTA recipients and subrecipients to first
tier contractors, who are responsible for ensuring that lower tier contractors and
subcontractors are in compliance. The $100,000 threshold applies only to the grantee
contract, subcontracts under that amount are subject to Buy America.
Mandatory Clause/Language
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts, but does not specify the language to be used. The
following language has been developed by FTA.
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.
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BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
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 _____________________________________________________________
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 _____________________________________________________________
RFP 8512 Transfort Facility Video Security System Page 32 of 41
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
(49 CFR Part 18FTA Circular 4220.1E)
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will
allow for administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and
penalties as may be appropriate. This may include provisions for bonding,
penalties for late or inadequate performance, retained earnings, liquidated
damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions
are developed will depend on the circumstances and the type of contract.
Recipients should consult legal counsel in developing appropriate clauses. The
following clauses are examples of provisions from various FTA third party
contracts.
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 (Recipient)'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 (Recipient),
Contractor shall continue performance under this Contract while matters in dispute
are being resolved.
RFP 8512 Transfort Facility Video Security System Page 33 of 41
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 (Recipient) 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 (Recipient) is located.
Rights and Remedies - The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in addition to
and not a limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law. No action or failure to act by the (Recipient),
(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
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and
Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational
Service Contract/Turnkey contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd
Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19,
Appendix A, Section 7.
Mandatory Clause/Language
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix
A.
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.
RFP 8512 Transfort Facility Video Security System Page 34 of 41
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.
(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
RFP 8512 Transfort Facility Video Security System Page 35 of 41
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
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding $100,000, including
indefinite quantities where the amount is expected to exceed $100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts which exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
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.
RFP 8512 Transfort Facility Video Security System Page 36 of 41
(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
(33 U.S.C. 1251)
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which
exceeds $100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at
every tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act,
as amended, the following language developed by FTA contains all the mandatory
requirements:
Clean Water - (1) The Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Federal Water Pollution Control Act,
as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in
turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance
provided by FTA.
15. CARGO PREFERENCE REQUIREMENTS
(46 U.S.C. 1241 , 46 CFR Part 381)
Applicability to Contracts
The Cargo Preference requirements apply to all contracts involving equipment,
materials, or commodities which may be transported by ocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the
subcontract may be involved with the transport of equipment, material, or
commodities by ocean vessel.
Model Clause/Language
The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses.
The following language is proffered by FTA.
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
RFP 8512 Transfort Facility Video Security System Page 37 of 41
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. CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42
U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their
contracts at every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19,
Appendix A, but FTA has shortened the lengthy text.
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.
RFP 8512 Transfort Facility Video Security System Page 38 of 41
Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375,
"Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may in the
future affect construction activities undertaken in the course of the Project.
The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment
Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees to refrain from discrimination against
present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FTA may
issue.
(c) Disabilities - In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that
it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions
of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees
to comply with any implementing requirements FTA may issue.
(d) Special DOL EEO Clause - In addition to the foregoing, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL),
the Recipient agrees to comply, and assures that each Third Party
Participant will comply, with: (a) U.S. DOL regulations, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order
11246, “Equal Employment Opportunity,” as amended by Executive Order
11375, “Amending Executive Order 11246, Relating to Equal Employment
Opportunity,” 42 U.S.C. § 2000e note.
(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.
17. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
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Background and Applicability
The newest version on the Department of Transportation’s Disadvantaged
Business Enterprise (DBE) program became effective July 16, 2003. The rule
provides guidance to grantees on the use of overall and contract goals,
requirement to include DBE provisions in subcontracts, evaluating DBE
participation where specific contract goals have been set, reporting requirements,
and replacement of DBE subcontractors. Additionally, the DBE program dictates
payment terms and conditions (including limitations on retainage) applicable to all
subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal
clause such as that below must be included in all contracts above the micro-
purchase level. The requirements of clause subsection b flow down to
subcontracts.
A substantial change to the payment provisions in this newest version of Part 26
concerns retainage (see section 26.29). Grantee choices concerning retainage
should be reflected in the language choices in clause subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the
payment terms and conditions applicable to all subcontractors based in Part 26 as
well as those related only to DBE subcontractors. The suggested language allows
for the options available to grantees concerning retainage, specific contract goals,
and evaluation of DBE subcontracting participation when specific contract goals
have been established.
Disadvantaged Business Enterprises
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 5 %. A contract goal of
0 % DBE participation has been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of
this DOT-assisted contract. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the City of Fort Collins
deems appropriate. Each subcontract the contractor signs with a subcontractor
must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. Bidders/offerors are required to document sufficient DBE participation to meet
these goals or, alternatively, document adequate good faith efforts to do so, as
provided for in 49 CFR 26.53. Award of this contract is conditioned on
submission of the following concurrent with and accompanying sealed
bid:
RFP 8512 Transfort Facility Video Security System Page 40 of 41
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as
provided in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders must present the information required above as a matter of
responsiveness (see 49 CFR 26.53(3)).
{If no separate contract goal has been established, use the following} 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 may not hold retainage from its
subcontractors and 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 the City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to
complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The contractor
may not terminate any DBE subcontractor and perform that work through its
own forces or those of an affiliate without prior written consent of the City of
Fort Collins.
18. RECYCLED PRODUCTS
(42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873)
Applicability to Contracts
The Recycled Products requirements apply to all contracts for items designated by
the EPA, when the purchaser or contractor procures $10,000 or more of one of
these items during the fiscal year, or has procured $10,000 or more of such items
in the previous fiscal year, using Federal funds. New requirements for "recovered
materials" will become effective May 1, 1996. These new regulations apply to all
procurement actions involving items designated by the EPA, where the procuring
agency purchases $10,000 or more of one of these items in a fiscal year, or when
the cost of such items purchased during the previous fiscal year was $10,000.
Flow Down
These requirements flow down to all to all contractor and subcontractor tiers.
Model Clause/Language
No specific clause is mandated, but FTA has developed the following language.
RFP 8512 Transfort Facility Video Security System Page 41 of 41
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.
19. 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.
20. 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.
$100,000/Capital
Projects
Yes3
Yes3
Those imposed
on non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
3 18 CFR 18.36 (i)
4. FEDERAL CHANGES
(49 CFR Part 18)
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable
changed requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by
FTA.
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. CIVIL RIGHTS REQUIREMENTS