HomeMy WebLinkAboutBID - 5760 COMMUTER POOL VAN LEASINGAdministrative Services
Purchasing Division
CITY OF FORT COLLINS
City of Fort Collins INVITATION TO BID
BID #5760
COMMUTER POOL VAN LEASING
BID OPENING: FEBRUARY 6, 2003, 2:30 P.M. (our clock)
Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent
to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 2:30p.m. (our clock), February 6,
2003.
A copy of the Bid may be obtained as follows:
1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #25760. (The bid number must be preceded by a 2 when
using the Fax -line.)
2. Download the Bid from the Purchasing Webpage, Current Bids page, at:
www.fcgov.com/purchasing.
3. Come by Purchasing at 215 North Mason St., 2nd floor., Fort Collins, and request
a copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour
set for closing. Once bids have been accepted by the City and closing has occurred, failure to
enter into contract or honor the purchase order will be cause for removal of supplier's name from
the City of Fort Collins' bidders list for a period of twelve months from the date of the opening.
The City may also pursue any remedies available at law or in equity. Bid prices must be held
firm for a period of forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications
contained in the City's specifications initially provided to the bidder. Any proposed modification
must be accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
215 North Mason Street • 2nd Floor • F.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
City of Fort Collins, Colorado
7.0 BID PROPOSAL
7.1 UNIT DESCRIPTION
Bid # 5760
8 - Passenger Van - Make
Model
Year
11-Passenger Van - Make
Model
Year
7.2 Provide purchase prices and lease prices as requested below:
8-Passenger Van, BASE PRICE, as specified, per unit
$
Guaranteed buy-back price, per unit, within two years of purchase and
with a maximum or 60,000 miles per vehicle.
$
Dealer lease, two year term, 30,000 miles driven annually.
$
Residual value at two years: $
per month
11-Passenger Van, BASE PRICE, as specified, per unit
Guaranteed buy-back price, per unit, within two years of purchase and
with a maximum or 60,000 miles per vehicle. 1 $
Dealer lease, two year term, 30,000 miles driven annually.
Residual value at two years: $
per month
Bidders may submit alternate lease terms and pricing. Such pricing and any explanation must be
submitted on a separate sheet. The City furnishes insurance and maintenance for lease units.
8.0 FREIGHT TERMS
FOB destination, freight prepaid. All freight charges must be included in bid pricing.
9.0 DELIVERY
Delivery will occur days after proper notification of vehicle order.
10.0 CONTRACTOR'S STATEMENT
I have read and fully understand all the conditions, specifications, and special instructions herein set
forth above in paragraphs 1.0 through 9.0. 1 hereby agree to comply with all said conditions, special
instructions, and specifications as stated or implied.
Signature:
Title:
Print Name:
Company:
Date:
Street:
Phone #:
City:
Fax #:
State/Zip:
Email:
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City of Fort Collins, Colorado
Sample - SERVICES AGREEMENT
Commuter Pool Van Leasing
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 Commuter Pool Vans in accordance with the scope of
services attached hereto as Exhibit "A", consisting of ( ) page[s], and incorporated herein
by this reference.
2. Contract Period
This Agreement shall commence 2003, and shall continue in full force and effect until
2004, 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 four (4) additional
one year periods. 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 sixty (60) days
prior to contract end.
3. 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 parry 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.
4. Early Termination by City/Notice
Notwithstanding the time periods contained herein, the City may terminate this Agreement at any
time without cause by providing written notice of termination to the Service Provider. Such notice
shall be delivered at least fifteen (15) days prior to the termination date contained in said notice
unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be
effective when mailed, postage prepaid and sent to the following addresses:
City: Service Provider:
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80521
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.
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City of Fort Collins, Colorado
5. Contract Sum
The City shall pay the Service provider for the performance of this Contract, subject to additions and
deletions provided herein, according to the following schedule:
6. 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.
7. 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.
8. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the Service
Provider and that this Agreement shall be considered as an agreement for personal services.
Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties
arising under the Agreement without the prior written consent of the City.
9. 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.
10. 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.
11. 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.
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City of Fort Collins, Colorado
12. 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.
13. 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.
14. Indemnity/Insurance
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with
the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work hereunder
to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit _, consisting
of one (1) page, attached hereto and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado
80521 one copy of a certificate evidencing the insurance coverage required from an
insurance company acceptable to the City.
15. 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.
16. 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.
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City of Fort Collins, Colorado
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
John F. Fischbach
City Manager
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [insert name of business]
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
CORPORATE SECRETARY
(Corporate Seal)
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City of Fort Collins, Colorado
EXHIBIT B
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage
designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider
shall furnish the City with certificates of insurance showing the type, amount, class of operations covered,
effective dates and date of expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except afterten (10)
days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out
and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may
deduct the cost of such insurance from any monies which may be due or become due the Service Provider
under this Agreement. The City, its officers, agents and employees shall be named as additional insureds
on the Service Provider's general liability and automobile liability insurance policies for any claims arising out
of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of
this Agreement for all of the Service Provider's employees engaged in work performed under this
agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this
Agreement such commercial general liability and automobile liability insurance as will provide
coverage for damage claims of personal injury, including accidental death, as well as for claims for
property damage, which may arise directly or indirectly from the performance of work under this
Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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City of Fort Collins, Colorado
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Buy America Requirements
Page 2
Cargo Preference Requirements
Page 2
Seismic Safety Requirements
Page 2
Energy Conservation Requirements
Page 2
Clean Water Requirements
Page 3
Bus Testing
Page 3
Pre -Award and Post Deliver Audits
Page 3-4
Lobbying
Page 4
Access to Records and Reports
Page 4-5
Federal Changes
Page 5-9
Clean Air
Page 9
Recycled Products
Page 9
Copeland Anti -Kickback Act
Page 9
No Government Obligation to Third Parties
Page 10
Program Fraud and False or Fraudulent Statements
Page 10
Termination
Page 10-13
Governmentwide Debarment and Suspension
(Nonprocurement)
Page 13-14
Privacy Act
Page 14-15
Civil Rights Requirements
Page 15-16
Breaches and Dispute Resolution
Page 16
Patent and Rights in Data
Page 16-19
Disadvantaged Business Enterprise (DBE)
Page 19-21
Interests of Members of or Delegates to Congress
Page 21
Prohibited Interest
Page 21
Incorporation of Federal Transit
Administration (FTA) Terms
Page 21
ATTACHMENTS:
Attachment 1
Buy America Requirements 4 pages
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans,
and Cooperative Agreements 1 page
City of Port Collins, Colorado
BUY AMERICA REQUIREMENTS
49 U.S.C. 53230)49 CFR Part 661
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C. 53230) and
49 CFR 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 CFR 661.7, and include final assembly in the United States for 15 passenger vans and
15 passengerwagons produced by Chrysler Corporation, microcomputer equipment, software, and
small purchases (currently less than $100,000) made with capital, operating, or planning funds.
Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling
stock not subject to a general waiver must be manufactured in the United States and have a 60
percent domestic content.
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 1 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
SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49 CFR Part 41
Seismic Safety - The contractor agrees that any new building or addition to an existing building will
be designed and constructed in accordance with the standards for Seismic Safety required in
Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The contractor also agrees to ensure that all
work performed under this contract including work performed by a subcontractor is in compliance
with the standards required by the Seismic Safety Regulations and the certification of compliance
issued on the project.
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq. 49 CFR Part 18
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.
2
City of Fort Collins, Colorado
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
seg . The Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaserwill, 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.
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.
PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 U.S.C. 5323 49 CFR PART 663
Pre -Award and Post -Delivery Audit Requirements
3
City of Fort Collins, Colorado
The Contractor agrees to comply with 49 U.S.C.§ 5323(I) 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 busses will not be subject to FMVSS
regulations.
BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES,
OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
LOBBYING
31 U.S.C. 135249 CFR Part 1949 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.0 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
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access 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 Unites 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
4
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable
Bidders not responding to this bid will be removed from our automated vendor listing for the
subject commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a
total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or
reject any and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority overthe services to be rendered.
This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All
freight charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and
not entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance
with the City's purchasing restrictions. A copy of the resolutions are available for review in the
Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and
reported to authorities as such. Your authorized signature of this bid assures that such bid is
genuine and is not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed,
self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our
office 7 days after the bid opening.
Ja es B. O'Neill II, CPPO, FNIGP
Dir ctor of Purchasing and Risk Management
2
City of Fort Collins, Colorado
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. Not applicable
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 Unites 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).
FEDERAL CHANGES
49 CFR Part 18
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
Agreement (Form FTA MA (2) dated October, 1995) 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.
BONDING REQUIREMENTS
(for Purchasing Information only -does not need to be included in bids or RFPS)
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding $100,000 FTA
may accept the bonding policy and requirements of the recipient, provided that they meet the
minimum requirements for construction contracts as follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid
guarantees" shall consist of a firm commitment such as a bid bond, certified check, or other
5
City of Foil Collins, Colorado
negotiable instrument accompanying a bid as assurance that the bidderwill, upon acceptance of his
bid, execute such contractual documents as may be required within the time specified.
b. performance bond on the part to the Contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment, as required by
law, of all persons supplying labor and material in the execution of the work provided for in the
contract. Payment bond amounts required from Contractors are as follows:
(1) 50% of the contract price if the contract price is not more than $1 million;
(2) 40% of the contract price if the contract price is more than $1 million but not more than $5
million; or
(3) $2.5 million if the contract price is more than $5 million
d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee
in lieu of performance and payment bonds, provided the grantee has established a
procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of
credit would also satisfy the requirement for a bond.
Bonding requirements flow down to the first tier contractors.
FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared
sample clauses as follows:
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and
listed as a company currently authorized under 31 CFR, Part 223 as possessing a
Certificate of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by
(Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not
be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the
written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part or
all of his bid within [ninety (90)] days after the bid opening without the written consent of
(Recipient), shall refuse or be unable to enter into this Contract, as provided above, or
refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and
Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate
and acceptable insurance, as provided above, he shall forfeit his bid securityto the extent of
(Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an
agreement, or provide adequate security therefor.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond,
Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding
Lei
City of Fort Collins, Colorado
any income generated thereby which has been retained by (Recipient) as provided in [item x
"Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense
(Recipient) for the damages occasioned by default, then the undersigned bidder agrees to
indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and
(Recipient's) total damages, so as to make (Recipient) whole.
The undersigned understands that any material alteration of any of the above or any of the
material contained on this form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original contract
price, unless the (Recipient) determines that a lesser amount would be adequate for the
protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the
increase in contract price. The (Recipient) may secure additional protection by directing the
Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(b) Payment bonds
The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the co9ntract price is not more than $1
million.
(ii) Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
(iii) Two and one half million if the contract price is more than $5 million.
2. If the original contract price is $5 million or less, the (Recipient) may
require additional protection as required by subparagraph 1 if the
contract price is increased.
Performance and Payment Bonding Requirements (Non -Construction)
The Contractor may be required to obtain performance and payment bonds when necessary
to protect the (Recipient's) interest.
a) The following situations may warrant a performance bond:
1. (Recipient) property or funds are to be provided to the contractor for use in
performing the contract or as partial compensation (as in retention of salvaged
material).
2. A contractor sells assets to or merges with another concern, and the (Recipient),
after recognizing the latter concern as the successor in interest, desires assurance
that it in financially capable.
7
City of Fort Collins, Colorado
3. Substantial progress payments are made before delivery of end items starts.
4. Contracts are for dismantling, demolition, or removal of improvements.
(b) When it is determined that a performance bond is required, the Contractor
shall be required to obtain performance bonds as fellows:
1. The penal amount of performance bonds shall be 100 percent of the
original contract price, unless the (Recipient) determines that a lesser
amount would be adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection
when a contract price is increased. The increase in protection shall generally
equal 100 percent of the increase in contract price. The (Recipient) may
secure additional protection by directing the Contractor to increase the penal
amount of the existing bond or to obtain an additional bond.
(c) A payment bond is required only when a performance bond is required, and if the
use of payment bond is in the (Recipient's) interest.
(d) When it is determined that a payment bond is required, the Contractor shall be
required to obtain payment bonds as follows:
The penal amount of payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1 million.
(ii) Forty percent of the contract price if the contract price is more than $1 million but
not more than $5 million; or
(iii) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an
advance payment provision and a performance bond is not furnished. The (Recipient) shall
determine the amount of the advance payment bond necessary to protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not
furnished and the financial responsibility of the Contractor is unknown or doubtful. The (Recipient)
shall determine the amount of the patent indemnity to protect the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and
equipment furnished under this Contract will be of highest quality and new unless otherwise
specified by (Recipient), free from fault$ and defects and in conformance with the Contract
Documents. All work not so conforming to these standards shall be considered defective. If
required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind
City of For' Collins, Colorado
and quality of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable construction in
all respects. The Contractor hereby guarantees the Work against defective materials or faulty
workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall
replace or repair any defective materials orequipment orfaulty workmanship during the period of the
guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor
shall, prior to the release of Final Payment [as provided in Item X below], furnish separate
Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate
surety that provides the Performance bond and Labor and Material Payment Bond for this Contract.
These bonds shall secure the Contractor's obligation to replace or repair defective materials and
faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in
an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at
all).
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.0 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.
RECYCLED PRODUCTS
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
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.
COPELAND ANTI -KICKBACK ACT
40 U.S.C. 0 276c (1995)
29 C.F.R. 0 3 (1995)
29 C.F.R. 0 5 (1995)
3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the
minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has included a
section on the Copeland Act in the mandatory language of the Davis -Bacon provisions. The
language can be found at 05.5(a)(5) of the Davis -Bacon model clauses and reads as follows:
City of For' Collins, Colorado
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.
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.0 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 orthe 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.0 5307, the Government reserves the right to
impose the penalties of 18 U.S.C.0 1001 and 49 U.S.C.0 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.
TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The City of Fort Collins 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 of Fort Collins to be paid the Contractor. If the Contractor has
any property in its possession belonging to the City of Fort Collins, the Contractor will account for the
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City of Fort Collins, Colorado
same, and dispose of it in the manner the City of Fort Collins 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 Contractorfails to comply
with any other provisions of the contract, the City of Fort Collins 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 of Fort Collins 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 of Fort Collins, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period of
time] in which to cure the defect. In such case, the notice of termination will state the time period in
which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or
written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of
Fort Collins 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 of Fort Collins from
also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City 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 of Fort Collins shall not limit the City of Fort Collins's remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the Contractor
fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this
contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice
of Termination specifying the nature of the default. The Contractor will only be paid the contract
price for supplies delivered and accepted, or services performed in accordance with the manner or
performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of the Recipient.
f. 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 City of Fort Collins may terminate this contract for default. The City of Fort Collins 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.
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City of Fort Collins, Colorado
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor
shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to the
Recipient or its agent. The Contractor and the City of Fort Collins 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 City of Fort Collins.
g. 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 City of Fort Collins may terminate this contract
for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature of the default. In this event, the Recipient may takeover 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 changed 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 [1 0] days from the beginning of any delay, notifies the City of Fort Collins in
writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable,
the time for completing the work shall be extended. The judgment of the City of Fort Collins 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.
h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins
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 City of Fort Collins 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.
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City of Fort Collins, Colorado
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.
i. Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins 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 City of Fort Collins 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 City of Fort Collins, or
property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the
City of Fort Collins 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 City of Fort Collins and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Fort Collins, 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.
If, after serving a notice of termination for default, the City of Fort Collins 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 City of Fort Collins, after setting up a new work
schedule, may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT) 49 CFR Part 29
Executive Order 12549
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the City of Fort Collins may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the City of Fort
Collins if at any time the prospective lower tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
4. The terms 'covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered
transaction," :"participant," "persons," 'lower tier covered transaction," "principal," "proposal," and
13
City of Fort Collins, Colorado
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 291. You may
contact the City of Fort Collins for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized in writing by the City of Fort Collins.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous, A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List issued by U.S. General
Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to all remedies available to the Federal Government, the City of Fort Collins may pursue
available remedies including suspension and/or debarment.
"Certification Regardinq Debarment, Suspension Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it
nor its "principals" [as defined at 49 C.F.R.0 29.105(p)] is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
PRIVACY ACT
5 U.S.C.552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are
organized so that information could be retrieved by personal identifier, the Privacy Act requirements
apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor
and their contracts at every tier.
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
14
BID PROPOSAL
BID # 5760
Bid Opening: February 6, 2003, 2:30pm (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
COMMUTER POOL VAN LEASING, PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS:
1.0 SCOPE
1.1 This specification establishes the minimum requirements for the purchase of:
COMMUTER POOL VAN LEASING
Vans will be leased by the City for use by the SmartTrips van pool organization. Vans will be leased
for a two-year period and will be driven approximately 60,000 miles over that term. Awarded
vendors shall enter into a service agreement with the City. Such agreement shall cover the basic
terms under which the vendors agree to supply lease van pool vehicles to the City. The agreement
will have a term of one-year with a maximum of four one-year renewal terms. In subsequent years,
changes in price, rental rates and vehicle equipment shall be negotiated and agreed to by both
parties. SmartTrips currently operates a fleet of 30 vehicles, although not all of these are leased
units. There is no guarantee that the City will order any minimum number of vehicles under this bid.
1.2 Should the manufacturer's current published data or specifications exceed the City's
specifications, they shall be considered minimum and furnished.
2.0 BID CLARIFICATION
2.1 Clarification regarding these specifications shall be obtained from the Director of Purchasing
and Risk Management prior to the time and date of the Bid Opening.
Any changes to these specifications will be made by a written addendum issued by the
Director.
2.2 For questions concerning the bidding process, contact: Jim Hume, Buyer, Phone: 970-221-
6776, Fax: 970-221-6707
For technical questions concerning this bid, contact: Ken Mannon, Operations Services
Director, Phone: 970-221-6610, Fax: 970-221-6534.
3.0 DELIVERY
3.1 The date of delivery is an essential element of this proposal. Delivery of equipment shall be
made to:
Fleet Services
835 Wood Street
Fort Collins, CO 80521
t,
City of Fort Collins, Colorado
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.0
552a. Among other things, the Contractor agrees to obtain the express consent of the Federal
Government before the Contractor or its employees operate a system of records on behalf of the
Federal Government. The Contractor understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals involved,
and that failure to comply with the terms of the Privacy Act may result in termination of the
underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any
system of records on behalf of the Federal Government financed in whole or in part with Federal
assistance provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C.0 623, 42 U.S.C.0 2000
42 U.S.C.0 6102, 42 U.S.C.O 12112
42 U.S.C.0 12132, 49 U.S.C.0 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.0
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 0 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C.0 12132, and Federal transit law at 49
U.S.C.O 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 VI I of the Civil Rights Act,
as amended, 42 U.S.C.0 2000e, and Federal transit laws at 49 U.S.C.0 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 = ., (which implement
Executive Order No.11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 1 1 246 Relating to Equal Employment Opportunity," 42 U.S.C.0
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) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C.0 623 and Federal transit law at 49 U.S.C.0 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,
15
City of Fort Collins, Colorado
42 U.S.C.B 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.
BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18
FTA Circular 4220.1 D
Pick applicable clause:
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 the City of
Fort Collins'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 the 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 therefor shall be made in writing to such other
party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the City 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. 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.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but
the rights in data clause reflects FTA objectives. For patent rights, FT/k is governed by Federal law
and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for
awarding research grants. This model clause, with larger rights ,as a standard, is proposed with the
understanding that this standard could be modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.
its
City of Fort Collins, Colorado
A. Rights in Data - This following requirements apply to each contract involving experimental,
developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the contract. The term includes
graphic or pictorial delineation in media such as drawings or photographs; text in specifications or
related performance or design -type documents; machine forms such as punched cards, magnetic
tape, or computer memory printouts; and information retained in computer memory. Examples
include, but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item identifications,
and related information. The term "subject data" does not include financial reports, cost analyses,
and similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of the
contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce
subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor
authorize others to do so, without the written consent of the Federal Government, until such time
as the Federal Government may have either released or approved the release of such data to the
public; this restriction on publication, however, does not apply to any contract with an academic
institution. (b) In accordance with 49 C.F.R.018.34 and 49 C.F.R.019.36, the Federal Government
reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use, for "Federal Government purposes," any subject data or
copyright described in subsections (2)(b)I and (2)(b)2 of this clause below. As used in the previous
sentence, "for Federal Government purposes," means use only for the direct purposes of the
Federal Government. Without the copyright owner's consent, the Federal Government may not
extend its Federal license to any other party.
1. Any subject data developed under that contract, whether or not a copyright has been
obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal
assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it
is FTA's general intention to increase transportation knowledge available to the public, rather than
to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA
determines otherwise, the Purchaser and the Contractor performing experimental, developmental,
or research work required by the underlying contract to which this Attachment is added agrees to
permit FTA to make available to the public, either FTA's license in the copyright to any subject data
developed in the course of that contract, or a copy of the subject data first produced under the
contract for which a copyright has not been obtained. If the experimental, developmental, or
research work, which is the subject of the underlying contract, is not completed for any reason
whatsoever, all data developed under that contract shall become subject data as defined in
subsection (a) of this clause and shall be delivered as the Federal Government may direct. This
subsection (c) , however, does not apply to adaptations of automatic data processing equipment or
programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with
Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and
the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers,
agents, and employees acting within the scope of their official duties against any liability, including
17
City of Fort Collins, Colorado
costs and expenses, resulting from any willful or intentional violation by the Purchaser or
Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication,
translation, reproduction, delivery, use, or disposition of any data furnished under that contract.
Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government
for any such liability arising out of the wrongful act of any employee, official, or agents of the
Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or other right
otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal
assistance provided by the Federal Government that has been incorporated into work required by
the underlying contract to which this Attachment has been added is exempt from the requirements
of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies
that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in
each subcontract for experimental, developmental, or research work financed in whole or in part
with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective
of the Contractor's status i.e. , a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education, individual,
etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA,
those rights in that invention due the Federal Government as described in U.S. Department of
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal assistance
provided by FTA.
B. Patent Rights - This following requirements apply to each contract involving experimental,
developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to
practice in the course of or under the contract to which this Attachment has been added, and
that invention, improvement, or discovery is patentable under the laws of the United States
of America or any foreign country, the Purchaser and Contractor agree to take actions
necessary to provide immediate notice and a detailed report to the party at a higher tier until
FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective
of the Contractor's status (a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education,
individual), the Purchaser and the Contractor agree to take the necessary actions to provide,
through FTA, those rights in that invention due the Federal Government as described in U.S.
Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract
in
City of Fort Collins, Colorado
for experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by FTA.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part with Federal
funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this
agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR
Part 23, have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this
regard, all grantees and vendors shall take all necessary and reasonable steps in accordance with
49 CFR Part 23 to ensure that the DBE have the maximum opportunity and shall not discriminate on
the basis of race, color, national origin, or sex in the award and performance of DOT -assisted
contracts.
Disadvantaged Business Enterprise Provision
The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match
projected procurements with available qualified disadvantaged businesses. the City of Fort Collins
goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged
Business Enterprises have been established by the City of Fort Collins as set forth by the
Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by
Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to
any contract resulting from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special
Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good
faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the Contractor
noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be
understood that no specific goal is assigned to this contract.
(a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in
Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of
1987, shall have the maximum opportunity to participate in the performance of Contract
financed in whole or in part with federal funds under this Agreement. Consequently, the
DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to
this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the
STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal
funds provided under this Agreement. In this regard, the Contractor shall take all necessary and
reasonable steps in accordance with the regulations to ensure that DBEs have the maximum
opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the
basis of race, color, national origin, religion, sex, age or physical handicap in the award and
19
City of Fort Collins, Colorado
performance of subcontracts.
It is further the policy of the City of Fort Collins to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases
of the City of Fort Collins procurement activities are encouraged.
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged
businesses have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with federal funds provided under the Agreement. In that
regard, all Contractors and subcontractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the
maximum opportunity to compete for and perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts to involve DBEs in the work provided, the City of Fort Collins may declare the contractor
noncompliant and in breach of contract.
(d) The Contractor will keep records and documents for a reasonable time following
performance of this contract to indicate compliance with the City of Fort Collins DBE program.
These records and documents will be made available at reasonable times and places for inspection
by any authorized representative of the City of Fort Collins and will be submitted to the City of Fort
Collins upon request.
(e) the City of Fort Collins will provide affirmative assistance as may be reasonable and
necessary to assist the prime contractor in implementing their programs for DBE participation. The
assistance may include the following upon request:
* Identification of qualified DBE
* Available listing of Minority Assistance Agencies
Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals, or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more socially and economically
disadvantaged individuals; and
ii. Whose management and daily business operations are controlled by one or more of
the socially and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in the case
of any publicly owned business, at least 51 % of the stock of which is owned by one or more
women individuals; and
iv. Whose management and daily business operations are controlled by one or more
women individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small Business
Act and Appendix B - (Section 106(c)) Determinations of Business Size.
20
City of Fort Collins, Colorado
(c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of
the United States (or lawfully admitted permanent residents) and States (or lawfully admitted
permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -
Pacific Americans, Asian -Indian Americans, or women, and any other minorities or individuals found
to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small
Business Act.
i. "Black Americans", which includes persons having origins in any of the Black racial groups of
Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South
American, or other Spanish or Portuguese culture or origin, regardless of race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or
Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust
Territories of Pacific, and the Northern Marianas;
v. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and
Bangladesh.
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any share or
part of this Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
No employee, officer, or agent of the grantee shall participate in selection, or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict
would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner; or an
organization which employs, or is about to employ, has a financial or other interest in the firm
selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of
subagreements.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.ID
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 4220.1 D, dated April 15, 1996, 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 the City of Fort Collins requests which would
cause the City of Fort Collins to be in violation of the FTA terms and conditions.
21
City of Fort Collins, Colorado
Attachment 1
BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and
the applicable regulations in 49 CFR Part 661.
Date
Signature,
Company
Title
22
City of Fort Collins, Colorado
Attachment 1
BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all
Bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This
requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Non -Compliance with 49 U.S.C. 5323a)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or (j)(2)(D) and the
regulations in 49 CFR 661.7.
Date
Signature
Company Name
Title
Attachment 1
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.
53230X2)(C) and the regulations at 49 CFR Part 661.
Date
Signature
Company Name
Title
23
City of Fort Collins, Colorado
Attachment 1
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 cannot comply with the requirements of 49 U.S.C.
53230)(2)(C), but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or 0)(2)(D)
and the regulations in 49 CFR 661.7.
Date
Signature
Company Name
Title
24
3.2 The word "delivery", as used in this specification, encompasses delivery of the actual
equipment, as specified, complete with all necessary papers such as Manufacturer's
Statement of Origin, application for title, invoice, warranty, shop, operator's and technical
manuals, parts books, etc., as applicable.
3.3 All equipment must be completely washed and serviced in accordance with standard new
equipment "make ready", and the manufacturer's specifications and be ready for delivery in
drive away condition. A forty-five (45) day permit is to be included.
3.4 All units to be new and of the manufacturer's latest model in production at the time of delivery
and standard equipped, unless otherwise specified. Time is of the essence. The City shall be
kept advised of any anticipated delay in delivery. In the event the successful bidder,
hereinafter referred to as the Contractor, fails to properly perform delivery as specified above,
within the specified time limit set forth by the Contractor in his bid proposal, the City shall
sustain damages in an amount difficult to ascertain. Accordingly, after due allowance for any
time extensions which are agreed by the City to be due to conditions beyond the Bidder's
control, the Contractor shall be liable to the City, in the amount of Twenty-five ($25) dollars as
liquidated damages, and not as a penalty, for each and every calendar day that delivery is
delayed. Additionally, no payment shall be made by the City for any delivery of specified
equipment until all aspects of the contract have been fulfilled, unless pre -arranged and
approved jointly by the Director of Purchasing and Risk Management and the Fleet
Superintendent.
4.0 WARRANTY
4.1 The manufacturer shall unconditionally warrant the entire vehicle and all component parts, but
not accessory equipment, for a warranty period of specified usage that is currently being
offered in open trade for that vehicle at the time of delivery. Additionally, the Contractor shall
furnish the City a fully priced copy (parts and labor) of any warranty or commercial cost repair
orderwhich originates in his repairfacility, subsequent to delivery, during the warranty period.
No charge for service calls, travel time, travel expenses, mileage, or per diem will be allowed
by the City in connection with the performance of any warranty repairs.
5.0 DEALER IDENTIFICATION
5.1 No dealer identification will be allowed on any vehicle sold to the City of Fort Collins.
CI
City of Fort Collins, Colorado
Attachment 2
CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIRMENT
The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement
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
25
City of Fort Collins, Colorado
ATTACHMENT
BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR
BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
(To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently set at
$100,000.)
Certificate of Compliance
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section
53230)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
amended, and the regulations of 49 C.F.R. 661.11:
Date
Signature
Company Name
Title
26
City of Fort Collins, Colorado
ATTACHMENT 3
BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR
BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
(To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently set at
$100,000.)
CERTIFICATE OF NON-COMPLIANCE
The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section
53230)(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 53230)(2)(B) or 0)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation
Assistance Act, as amended, and regulations in 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
27
City of Fort Collins, Colorado
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,
et seq .)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C.O 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.
Date
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
W
City of Fort Collins, Colorado
6.0 SPECIFICATIONS
6.1 Equipment bid on this proposal must meet or exceed the following minimum requirements.
Any exceptions must be noted and listed on a separate sheet.
MINI -PASSENGER VAN
General: The following specifications describe a Chevrolet Astro or GMC Safari 8-Passenger Van.
This vehicle will be used by the City's Commuter Pool group. The following specifications shall be
considered as minimum, all specification meeting or exceeding these specifications shall be
considered. A complete and up-to-date manufacturer's specifications must accompany bid.
No.
Item
Description
Meets
Spec?
6.2
QUANTITY:
One (1) to ten (10)
Yes
No
6.3
WHEEL BASE
111 inches
Yes
No
6.4
GVW:
5,850lbs
Yes
No
6.5
PAYLOAD:
1,671lbs
Yes
No
6.6
ENGINE:
- 4.3 liter high output EFI V6 Gasoline
Yes
- Engine block heater
No
- Anti -freeze to -30 F
- Heavy-duty cooling system with
- Engine oil cooler
6.7
TRANSMISSION &
4 speed automatic, column mounted shifter
DRIVETRAIN:
Auxiliary transmission cooler
Yes
Brake/Transmission interlock
No
All Wheel Drive
Limited slip rear differential
6.8
SHOCKS:
Heavy duty, front and rear
Yes
No
6.9
SWAY BAR:
Front and rear
Yes
No
6.10
STEERING:
Power, Driver side air bag
Yes
Leather rapped steering wheel
No
6.11
BRAKES:
Power (Four Wheel ABS)
Yes
No
6.12
GLASS:
All glass tinted including windshield side
Yes
windows to be factory installed dark tint.
No
5
City of Fort Collins, Colorado
No.
Item
Description
Meets
Spec?
WINDOWS:
Total window package, front, sides, and rear.
Yes
6.13
Rear and side windows to open by swing -out
No
type or sliding
6.14
DOORS:
Driver and front passenger doors.
Yes
Right -side sliding door. Rear door to be swing
No
out e
6.15
SEATS:
High -back reclining bucket seats for driver and
Yes
passenger.
No
2- Three person adjustable bench seats w/ fold
down center console.
Heavy-duty (Gray colored) cloth upholstery.
Dual arm rests on all seats.
6.16
INTERIOR:
- LT trim package
- Heavy-duty carpet floor covering.
for front and rear compartment.
- Color keyed floor mats.
- Roof console w/ reading & lighting package.
Yes
- Non locking storage compartment.
No
- Intermittent windshield wipers w/washers
- Heavy-duty front and rear heater/defroster
- Side window defrosters.
- Day/night inside rear view mirror.
- Cigarette lighter with ashtray.
- Electric remote control right and left
outside mirrors.
- Padded sun visors w/mirrors.
- Glove box w/drink holders.
- AM/FM radio, with clock and cassette
- Jack and tire tool kit with cover.
- Front and rear dome light.
- Front and rear air conditioning (R-134 Freon)
- Electric windows.
- Electric door locks with keyless remote.
- Tilt wheel and Cruise control.
- Rear window defroster.
- Dual side coat hooks.
6.17
GAUGES:
- Ammeter
Yes
- Engine water temperature
No
- Engine oil pressure
- Fuel
- Speedometer/odometer
6.18
ELECTRICAL:
- 12v. system
Yes
- 100 amp. alternator
No
- 600 CCA battery
0
City of Fort Collins, Colorado
No.
Item
Description
Meets
Spec?
6.19
TIRES:
- Five (5) each, tubeless all weather steel -belted
radials. One of which is a full size spare.
Yes
- Full wheel covers.
No
6.20
BUMPERS:
Front standard painted bumper for unit w/Fog
Yes
lights and front air dam.
No
Rear to be step type
6.21
UNDERCOATING:
Factory or dealer applied
Yes
No
6.22
PAINT:
White, w/polyglycoat sealer
Yes
No
6.23
SIDE MOLDING:
Full-length body side molding
Yes
No
6.24
FUEL TANK
25 gallon
Yes
No
6.25
MANUALS:
One each of the following must be with vehicle at
Yes
the time of delivery otherwise the vehicle will not
No
be accepted for payment
- Operator's Manual
- Three additional sets of keys
7
City of Fort Collins, Colorado
6.1 Equipment bid on this proposal must meet or exceed the following minimum requirements.
Any exceptions must be noted and listed on a separate sheet.
11-PASSENGER VAN
General: The following specifications describe an 11-Passenger Van. This vehicle will be used by
the City's Commuter Pool group. The following specifications shall be considered as minimum, all
specification meeting or exceeding these specifications shall be considered. A complete and
up-to-date manufacturer's specifications must accompany bid.
No.
Item
Description
Meets
Spec?
6.2
QUANTITY
- approximately 5-10 units each year
6.3
WHEEL BASE
- 127 to 138 inches
Yes
- Savana, E-Series, and equivalent units
No
6.4
GVW
- 7,800 — 11,000 lb.
Yes
No
6.5
PAYLOAD
- 2,500 — 2,800 lb.
Yes
No
6.6
ENGINE
- 5.2 to 6.0 liter V8, EFI, gasoline
Displacement:
- Engine Block Heater
Yes
Certification:
- Anti -freeze to -30F
No
- Engine oil cooler
6.7
TRANSMISSION
- 4-speed automatic overdrive with column shifter
Yes
- Transmission oil cooler
No
6.8
REAR
- 3.73 ratio
Yes
DIFFERENTIAL
- Limited slip rear differential
No
6.9
SWAY BAR
- Front and rear
Yes
No
6.10
BRAKES &
- Power brakes, Four-wheel ABS
Yes
STEERING
- Power steering
No
6.11
WINDOWS & GLASS
- Standard glass configuration
Yes
- Standard window tint
No
6.12
MIRRORS
- Standard inside mirror
Yes
- Below the eye line, swing away outside mirrors
No
6.13
DOORS
- Standard sliding door on right side
Yes
- Dutch doors at rear with defroster
No
6.14
SEATS
- Standard 11-passenger seating
Yes
- Gray cloth interior
No
City of Fort Collins, Colorado
No.
Item
Description
Meets
Spec?
6.15
INTERIOR
- Carpeted throughout
- Factory floor mats
- Front and rear air conditioning
- Intermittent windshield wipers with washers
- Tilt wheel and cruise control
- Power windows and power door locks
- Rear heater
Yes
- Front seat passenger storage compartment
No
- Cigarette lighter with ashtray
- AM/FM radio with clock
- Front and rear dome light
- Jack and tire tool kit with cover
6.16
GAUGES
- Voltmeter, engine coolant temperature, fuel, and
Yes
oil pressure
No
6.17
ELECTRICAL
- 105 amp, alternator
Yes
- 700-800 CCA battery
No
6.18
TIRES
- Five (5) each, full size tubeless all weather
steel -belted radials, including a full size spare.
Yes
- Full wheel covers.
No
6.19
BUMPERS
- Front bumper, standard for vehicle
Yes
- Rear step bumper
No
6.20
PAINT
- White
Yes
No
6.21
MANUAL & KEYS
- One (1) Operator's Manual furnished at delivery
Yes
- Single key system. Three (3) keys furnished with
vehicle at delivery.
No
- Keyless remote
OPTIONS:
A)
Extended wheelbase & 15 passenger seating — option code
$
B)
Sliding side door — option code
$
C)
Optional engine: option code Fuel type:
Certification: Displacement:
$