HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1065 TRANSFORT BUSES (5)Administrative Services
Purchasing Divison
215 North Mason Street 2nd
Floor P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6775 Fax (970) 221-6707 www.fcgov.com
REQUEST FOR PROPOSAL
P1065 Transfort Buses
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 2:30 p.m. (our
clock), April 23, 2007. Proposal No. P1065. 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.
Questions concerning the scope of the project should be directed to Project Manager Dave Liecester
(970) 566-0091.
Questions regarding proposals submittal or process should be directed to Jim Hume, CPPO, Senior
Buyer (970) 221-6776.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy
of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services to be rendered. This rule
also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
P- 1065 Transfort Buses
Section 1.0: Proposal Requirements
1.1 General Description
The City of Fort Collins is soliciting proposals for the purchase of Compressed Natural Gas (CNG)
fueled, thirty-five-foot (35-ft), low-floor, transit buses. After selection of a supplier and upon execution
of an agreement with that supplier, an order will be placed for three (3) to six (6) buses. During the
following five years, an additional fifteen (15) to thirty (30) buses may be ordered, depending on the
availability of funds.
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 five (5) copies of the proposal with the following information:
a. Company history and experience in the manufacture of transit buses.
b. The name of the company representative responsible for participating in pre-proposal
meetings, pre-award negotiations, and post-award activities.
c. References from five or more organizations which have used your company for similar
products and services within the last five years.
d. A written description of the proposed transit buses as specified below.
e. Pricing, as requested, for buses, optional configurations and equipment.
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.
1.3 Prospective Offerors should submit written questions to the Purchasing Representative prior to
the pre-proposal conference.
1.4 Solicitation Schedule
RFP advertised March 2, 2007
Proposals due April 23, 2007
Evaluations completed May 11, 2007
Interviews/demos May - June, 2007
Preliminary award June, 2007
1.5 Proposal Format
Proposals should be set up as follows:
1. Transmittal letter
2. Company experience
3. List of company representatives
4. References
5. Technical Proposal - list in the same order as given in 3.0: General Specifications.
6. Price Proposal with price protection for subsequent purchases.
7. Federal Forms - completed and signed, as required.
Section 2.0: Background
Transfort, the City of Fort Collins' transit organization, will be replacing its current bus fleet with CNG
powered, thirty-five-foot, low-floor buses. Exact numbers of buses to be ordered over the next five years
will depend on funding.
Section 3.0: Specifications
The proposed buses shall be designed and built to comply with all applicable Federal and State
requirements pertaining to transit buses. Pre-award Federal documentation shall accompany the Offerors
proposal.
In order to ensure availability and facilitate production, the City intends to purchase buses in a
configuration close to one already in quantity production. Accordingly, the following specifications are
to be considered as a guide for any proposal submitted under this solicitation. Equipment specified herein
is either already equipping current Transfort vehicles or one which the City would like to standardize on.
These specifications describe a thirty-five (35) foot, 102" wide, low floor transit bus, intended for heavy
duty service with a 12-year service life in a transit system utilizing 27 buses. Engine must be rear-
mounted and set up so that routine maintenance is easily performed. Drive train shall be mechanically
isolated to minimize vibration. Engine mounted accessories must be designed for ease of replacement.
An Excel spreadsheet is attached with a checklist to be used by vendors to indicate whether or not they
can provide the specified equipment. The checklist also contains additional requests related to the
equipment or configuration specified for each section.
Section 3.1 Drivetrain:
Engine ~280hp and 850lbft torque
John Deere 9.1L preferred; a Cummins C83G+ is acceptable
Transmission Allison B400R (with retarder)
Brake System Wabco ABS brake system, with Q-style brakes, and Traction Control
Wheels Alcoa 22.5" x 8.25" aluminum with polished finish on both sides
Tires Michelin 305/70R22.5
Steering Power assist, frame mounted, gear ratio ~ 23:1
Engine Cooling Water based, pressure-type cooling system of sufficient size to maintain the engine
and transmission at a safe operating temp.
Engine Compartment
Gauges Engine oil pressure, water temp, voltmeter, mechanical hour meter
Engine Cooling Fan Mechanical, if available. Hydraulic is acceptable.
Transmission Cooling Separate heat exchanger sized to maintain safe operating fluid temperatures.
Axle gear ratio 6.14 rear axle gear ratio
Exhaust system Discharge shall be located at the streetside rear roof corner.
Fuel system and tanks CNG installation must comply with appropriate NFPA regulations. Driving range,
on a full fill, should be approximately 300 miles.
Starter Electric starter
Alternator Niehoff C701, 300 amp
Batteries 2 - 8D, in slide-out stainless steel tray with stainless steel rollers. Tray must be
isolated via rubber mounts.
Air Dryer Bendix AD9
Section 3.2 Chassis:
Suspension Pneumatic type
Kneeling system Shall lower the bus entrance a minimum of 2.5".
Section 3.3 Accessories and Exterior:
Aux Heater Webasto NGW300 natural gas fired heater
Bumpers Front and rear - Romeo Rim Help 'S', black, 3-piece, rear anti-ride feature
Tow Eyes Front, frame mounted
Exterior paint With stripes, paint scheme supplied by customer
Access doors
For radio and battery compartments. Battery compartment must be streetside with
screen and spring-loaded battery disconnect switch. Radiator access door,
rectangular, on the engine cover, on the streetside of the cover.
Roof hatch Two (2) roof emergency hatches, Transpec
Destination signs Luminator Destination sign, 100% LED display, front, side, rear
Exterior mirrors Heated and remote controlled both right and left
Exterior lights All LED
Backup Alarm Curbside, rear
Ground strap Single strap at front of coach
Bicycle rack Sportworks, Dl-3, Trilogy, Part # 100546, black in color
Methane Detection Amerex AMGADS III modular system
Methane Sensors Four (4) detectors, Two (2) at roof, one (1) at upper AC unit area, and one (1) near
engine air filter.
Fire Suppression Amerex modular system with agent tank, 25lb dry chemical, control panel, four (4)
nozzles, manual actuator, 24Vdc.
Fire Sensors Two (2) streetside, one (1) curbside, at engine compartment.
Advertising sign holders Rear and sides, plus one mounted on front bike rack
Section 3.4 Climate Control:
HVAC System Thermo King T11, rear AC
HVAC electronics Thermo King Intelligaire 2
HVAC control panel Intelligaire 2 with limited diagnostic capability, installed in driver's area.
A/C Compressor Thermo King X430
Refrigerant R-134a
HVAC motor type Brushless motor for primary heating and cooling systems.
Defroster Equipped with Rotron brushless motor
Driver's Booster fan Overhead booster fan with Rotron brushless motor
Dash fan One (1) fan, mounted on a raised base. Location to be determined.
Electrostatic filter Installed at the HVAC return air grille.
Section 3.5 Interior and Seating:
Window tint 28% tint on passenger windows, 14% opacity on door glass
Interior finish Paneling and finish to be determined.
Floor covering Altro - Cobalt Blue CD25002
Passenger seating American seating, Metropolitan 6468T, Style W 989, forward facing, seat insert,
Holsworth VR-50, #ZE/J 27521
Pullcords & chimes Passenger pullcords. Two (2) electronic chimes, one (1) at front above driver, one
(1) at rear exit.
Wheelchair ramp Two (2)
Wheelchair positions Two (2), one on each side, with fold-down, forward facing seats
Wheelchair restraints Automatic retracting, telescoping -- Q-Straint if possible
Interior lighting All LED, except passenger fluorescent lights
Section 3.6 Driver's Position:
Driver's seat Recaro Ergo Metro, black cloth with headrest and adjustable lumbar
Driver's seat belt Lap belt, retractable on left side
Steering column Tilt and telescopic
Turn signal switches Floor mounted on driver's platform
Wipers Electric, intermittent
Driver's gauges Speedometer, air pressure, and fuel gauges. Indicator warning lights for all others.
Display keypad Operator's keypad located within reach and clearly visible when the driver is seated.
Front sunshade Windshield, driver's side and streetside window
Front ramp control Switch located on driver's instrument panel
Interior mirror 8" x 16" interior mirror arranged to allow driver view of aisle
Safety and First Aid Reflectors, bio clean-up kit, first aid kit, and triangles behind driver's seat.
AM/FM radio One speaker for driver only
Install Wiring For Motorola Astro, XTL2500 radio and GFI CentsaBill farebox
Section 3.7 Other Requirements:
Altoona Testing Prior to award the structure of the bus shall have undergone appropriate structural
testing including FTA-required Altoona tests.
Performance data Provide performance data, including top speed, gradability, acceleration and other
data useful during the evaluation phase.
Drawings Provide drawings of floor plan, three-view of proposed bus, and any other drawings
of interest to evaluators.
Manuals
60 - driver's manuals
3 each - engine, transmission, climate control, destination sign, and electrical service
manuals.
3 each - parts books
Training Onsite - as needed, operation and maintenance of all major systems
Factory - in-depth training, minimum of three (3) days
Federal Forms Attached, complete as needed
Exceptions Provide explanation for any exceptions taken to the specifications.
Section 4.0: Pricing
In your written response to this proposal provide pricing to cover the following items:
1. Price, per bus, as equipped per your proposal.
2. Proposal for price protection on subsequent orders substantially in the following format:
Subsequent Orders: Subsequent orders for buses shall be accepted at the previous sales price
plus real increases for material and labor costs, not to exceed __% per year for a five year time
period. Price increases due to unforeseen material or regulatory costs or equipment changes
requested by the City of Fort Collins exceeding __% per year shall be negotiated and approved by
both parties. Actual sales price of additional buses shall be negotiated at time of such subsequent
orders.
Bus length options:
1. Price, per bus, for a 30' and 40' buses generally equipped the same as the 35'. After the initial
order of 35' buses, Transfort may need to order some buses in the other lengths.
Optional equipment prices:
2. Stainless steel seat frames
3. Onboard camera system (see checklist for description)
4. Other available axle ratios
5. Spare transmission and engine, either individually or as a power package
6. A package of suggested spare parts
Section 5.0: Evaluation
5.1 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.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding
rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. The
evaluation committee may make a selection based on written proposals, or they may invite several firms
in for interviews and demonstrations. The evaluators or their designates may visit manufacturer's
facilities and locations where similar buses are in service.
Weighting
Factor
Qualification Standard
1.0 Scope of Proposal Does the proposal show an understanding of Transfort's
needs?
2.0 Specifications Does the proposal meet City specifications or provide an
acceptable alternative?
1.0 Other Requirements Did the proposal address all data requests and regulatory
requirements?
1.0 Availability Can buses be completed and delivered in the time frame
required?
1.0 Motivation Is the firm interested?
2.0 Cost Does the proposed cost compare favorably with other
proposals?
2.0 Firm Capability Does the firm have acceptable production and support
capabilities?
5.2 Reference Evaluation (Top-ranked firms)
The Project Managers will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory / Unsatisfactory.
5.3 Qualification and Standard
a. Overall Performance - Would you purchase buses from this company again?
b. Timetable - Were buses delivered within the specified time? Were interim deadlines met
in a timely manner?
c. Completeness - Was the company responsive to client needs; did the company anticipate
problems? Were problems solved quickly and effectively?
d. Budget - Were cost increases, if any, the result of customer change orders? If other price
increases were requested, were those requests reasonable?
e. Ability - Did company personnel exhibit the knowledge and skills throughout the order
and delivery process? Have warranty claims been handled quickly and by competent
technicians?
Section 6.0: Proposal Acceptance
All proposals shall remain subject to initial acceptance 90 days after the day of submittal.
Section 7.0: Federal Forms
1. FLY AMERICA REQUIREMENTS
49 U.S.C. § 40118
41 CFR Part 301-10
Fly America Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the
General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and
subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S
Government-financed international air travel and transportation of their personal effects or property, to the
extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by
the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier was not
available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate
of compliance with the Fly America requirements. The Contractor agrees to include the requirements of
this section in all subcontracts that may involve international air transportation.
2. BUY AMERICA REQUIREMENTS
49 U.S.C. 5323(j)
49 CFR Part 661
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 Buy America certification (below) with all bids
or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This
requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of buses, other rolling stock and associated equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C)
and the regulations at 49 C.F.R. Part 661.11.
Date ________________________________________________________________________________
Signature ____________________________________________________________________________
Company Name _______________________________________________________________________
Title ________________________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date ________________________________________________________________________________
Signature ____________________________________________________________________________
Company Name _______________________________________________________________________
Title ________________________________________________________________________________
4. CARGO PREFERENCE REQUIREMENTS
46 U.S.C. 1241
46 CFR Part 381
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned
United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any
equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are
available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20
working days following the date of loading for shipments originating within the United States or within
30 working days following the date of leading for shipments originating outside the United States, a
legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo
described in the preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the
case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued
pursuant to this contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
6. ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
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.
7. CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
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.
8. BUS TESTING
49 U.S.C. 5323(c)
49 CFR Part 665
Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's
implementing regulation at 49 CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components or
configuration shall provide a copy of the final test report to the recipient at a point in the procurement
process specified by the recipient which will be prior to the recipient's final acceptance of the first
vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of
the testing facility that the report is available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should
have the identical configuration and major components as the vehicle in the test report, which must be
provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or
components are not identical, the manufacturer shall provide a description of the change and the
manufacturer's basis for concluding that it is not a major change requiring additional testing.
4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service
in the United States before October 1, 1988, and is currently being produced without a major change in
configuration or components), the manufacturer shall provide the name and address of the recipient of
such a vehicle and the details of that vehicle's configuration and major components.
CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS
The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement complies
with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal
financial assistance may subject the undersigned to civil penalties as outlined in the Department of
Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the
undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR
Part 29.
Date: ________________________________________________________________________________
Signature: ____________________________________________________________________________
Company Name: ______________________________________________________________________
Title: ________________________________________________________________________________
9. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 U.S.C. 5323
49 CFR Part 663
Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. §
5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following
certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either
compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy
America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling
stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the
location of the final assembly point for the rolling stock, including a description of the activities that will
take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable
of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's
FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2)
manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.
BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS
FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
Certificate of Compliance
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C),
Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations
of 49 C.F.R. 661.11:
Date:
Signature: Title: _________________________________
Company Name: _______________________________________
Certificate of Non-Compliance
The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section
5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended,
but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 5323(j)(2)(B) or
(j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and
regulations in 49 C.F.R. 661.7.
Date:
Signature: Title: _________________________________
Company Name: ______________________________________________________________________
10. LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
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
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government
wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees
that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
11. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
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.
2. 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.
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
II Non State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee
pass thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
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.
14. CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate
EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
work week.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its
own action or upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section.
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this contract
and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except
to identify the subcontractor who will be subject to its provisions.
20. 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
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,
the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded by
FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties
of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
21. TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1E
a. Termination for Convenience
The City of Fort Collins (the City) may terminate this contract, in whole or in part, at any time by written
notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its
costs, including contract close-out costs, and profit on work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City, the Contractor will account for the
same, and dispose of it in the manner the City directs.
b. Termination for Default
If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City may terminate this contract
for default. Termination shall be effected by serving a notice of termination on the contractor setting forth
the manner in which the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner of performance set
forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not performing, such
as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the
City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work,
or treat the termination as a termination for convenience.
c. Opportunity to Cure
If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants,
or conditions of this Contract within thirty (30) days after receipt by Contractor of written notice from the
City setting forth the nature of said breach or default, the City shall have the right to terminate the
Contract without any further obligation to Contractor. Any such termination for default shall not in any
way operate to preclude the City from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
d. Waiver of Remedies for any Breach
In the event that City of Fort Collins elects to waive its remedies for any breach by Contractor of any
covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies
for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
22. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is
required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940
and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters
into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by 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.
24. 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.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of
the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. §
5332, the Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to
the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to
comply with all applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with
any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future
affect construction activities undertaken in the course of the Project. The Contractor agrees to take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42
U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with
disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in
part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
25. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1E
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of City of Fort Collins's Director of
Purchasing and Risk Management. 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
Director of Purchasing and Risk Management. 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
Director of Purchasing and Risk Management shall be binding upon the Contractor and the Contractor
shall abide be the decision.
Performance During Dispute - Unless otherwise directed by City of Fort Collins, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees, agents or others for whose acts he
is legally liable, a claim for damages therefore shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters
in question between the City of Fort Collins and the Contractor arising out of or relating to this agreement
or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent
jurisdiction within the State in which the City of Fort Collins is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Fort
Collins, (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.
28. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
The successful bidder/offeror will be required to report its DBE participation obtained through race-
neutral means throughout the period of performance.
a. 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 City of Fort Collins 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.
b. 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.
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1E
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 City of Fort Collins requests which would cause the City to be in violation of the FTA terms and
conditions.
TRANSIT VEHICLE MANUFACTURER (TVM)
CERTIFICATION OF COMPLIANCE WITH SUBPART D, PART 26
This procurement is subject to the provisions of Section 26.49 of 49 CFR Part 26. Accordingly,
as a condition of permission to propose, the following certification must be completed and
submitted with the proposal.
TRANSIT VEHICLE MANUFACTURER CERTIFICATION
___________________________, a TVM, hereby certifies that it has complied with the requirements of
Section 26.49 of 49 CFR Part 26 by submitting a current annual overall DBE goal to FTA. This goal
apply to Federal Fiscal Year _____ (October 1, 20__ to September 30, 20__) and have been accepted or
not accepted by FTA.
___________________________, hereby certifies that the manufacturer of the transit vehicle to be
supplied ____________________________ has complied with the above referenced requirement of
Section 26.49 of 49 CFR Part 26.
Signature: __________________________________ Date: _________________
Title: ______________________________________
Firm: ______________________________________
Yes
Yes
Sources of Authority: 1
49 USC 5325 (a); 2
49 CFR 633.17; 3
18 CFR 18.36 (i)
12. FEDERAL CHANGES
49 CFR Part 18