HomeMy WebLinkAboutRFP - P1102 VANGO MINI VAN PURCHASEREQUEST FOR PROPOSAL
fcgov. com/purchasing
Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 2:30 p.m. (our
clock), January 31. Proposal No. P1102. If delivered, they are to be sent to 215 North Mason Street,
2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-
0580.
Questions concerning the scope of the project should be directed to Project Manager Aaron Fodge
(970) 224-6162.
Questions regarding proposals submittal or process should be directed to James R. Hume, CPPO,
Senior Buyer (970) 221-6776.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
httl2s:Hsecure2.fegov.com/bso/lo,gin.isD
2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a
copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most records and
documents. Proprietary information in your response must be clearly identified and will be protected
to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety.
Information considered proprietary is limited to material treated as confidential in the normal conduct
of business, trade secrets, discount information, and individual product or service pricing. Summary
price information may not be designated as proprietary as such information may be carried forward
into other public documents. All provisions of any contract resulting from this request for proposal will
be public information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision -making
authority concerning such sale or any supervisory authority over the services to be rendered. This
rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill Il, CPPO, FNIGP
Director of Purchasing & Risk Management
where renE,wal is a way of lift
rev 01/08
termination will state the time period in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to MPO's satisfaction the breach or default or any of the terms,
covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written
notice from the MPO setting forth the nature of said breach or default, MPO shall have the right to
terminate the Contractor without any further obligation to Contractor. Any such termination for default
shall not in any way operate to preclude MPO from also pursuing all available remedies against
Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach In the event that the MPO elects to waive its remedies for any
breach by Contractor of any covenant, term or condition of this Contract, such waiver by the MPO
shall not limit the MPO's remedies for any succeeding breach of that or any other term, covenant, or
condition of this Contract.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
49 CFR Part 29
Executive Order 12549
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Lower Tier Covered Transactions (Third Party Contracts over $100,000).
Instructions for Certification:
1. By signing and submitting this bid or proposal, 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, MPO may pursue available remedies,
including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the MPO if at
any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous due to changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "lower tiered transaction," "principal," "proposal," and
"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 29]. You may
contact the MPO 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 ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized in writing by the
MPO.
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 Non -procurement 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 MPO may pursue
available remedies including suspension and/or debarment.
(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. 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
Contracts Involving Federal Privacy Act Requirements — The following requirements apply to the
Contractor and its employees that administer any system of records on behalf of the Federal
Government under any contract.
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.
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. 623, 42 U.S.C. 2000
42 U.S.C. 6102, 42 U.S.C. 12112
42 U.S.C. 12132, 49 U.S.C. 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights — The following requirements apply to the underlying contract:
(1) Nondiscrimination — In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102,
Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal
transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age,
or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity — The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed National Origin Sex — In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq.,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such
action shall include, but not be limited to, the following employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Acme — In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(c) Disabilities — In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.11)
Disputes — Disputes arising in the performance of this Contract which are not solved by agreement of
the parties shall be decided in writing by the authorized representative of the MPO's Director. This
decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy,
the Contractor mails or otherwise furnishes a written appeal to the Director. In connection with any
such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in
support of its position. The decision of the Director shall be binding upon the Contractor and the
Contractor shall abide by the decision.
Performance During Dispute — Unless otherwise directed by the MPO, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages — Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others for
whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other
party within a reasonable time after the first observance of such injury or damage.
Remedies — Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the MPO 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 States in which the MPO is located.
Rights and Remedies — The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by
the MPO, (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.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
The Contractor and Subcontractor shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this Contract. Failure by the Contractor or Subcontractor to carry out these
requirements is a material breach of the Contract which may result in the termination of this Contract
or such other remedy as the recipient deems appropriate.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1 D
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 4220.1D, dated April 15, 1996, are hereby incorporated 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 MPO requests which would cause the MPO to be in
violation of the FTA terms and conditions.
FEDERAL AND STATE REQUIRED CERTIFICATIONS
All certifications must be completed and signed by the contractor (vendor) in order for the bid
to be responsive. A responsive bid includes not only certification signatures for Buy America,
met.
BUY AMERICA CERTIFICATION
Pursuant to Section 165 of the Surface Transportation Assistance Act of 1982, as amended by
Section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, FTA
regulations at 49 CFR, Part 661, and guidance issued by FTA, all bidders shall submit the following
certificate with their bid or proposal. Failure to submit this certificate will automatically disqualify the
bidder from consideration of a Contract award for this Project. An exemption from the "Buy America"
requirements may be sought by the MPO if grounds for an exemption exist.
CERTIFICATE OF COMPLIANCE WITH SECTION 165(a)
The bidder hereby certifies that it will comply with the requirements of Section 165(a) of the Surface
Transportation Assistance Act of 1982 and the applicable regulations in 49 CFR, Part 661.
DATED:
COMPANY:
SIGNATURE:
TITLE:
CERTIFICATION OF RESTRICTIONS ON LOBBYING
I
(Name)
behalf of
(Firm)
(Title)
hereby certify on
that:
(1) No Federal appropriated funds have been paid or will be paid, or on behalf of the undersigned, to
any person for influencing or attempting to influence 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 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 influencing or attempting to influence 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.
This certification is a material representation of fact upon which reliance is 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 Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty or not less than $10,000 and not more
than $100,000 for each such failure.
(Title)
(Firm)
CERTIFICATION OF COMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARDS
The bidder hereby certifies that the vehicle complies with relevant Federal Motor Vehicle Safety
Standards issued by the National Traffic Safety Administration.
NAME OF INDIVIDUAL, PARTNER, OR CORPORATION
ADDRESS, CITY, STATE
AUTHORIZED REPRESENTATIVE SIGNA'
FITLE DATE
CERTIFICATION OF PRIMARY CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS
The Primary Contractor, certifies to the best of its knowledge and
belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for DEBARMENT, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or Local) with commission of any of the offense enumerated in paragraph (2) of this
certification; and
4. Have not within a three (3) year period preceding this application/proposal had one (1) or more
public transactions (Federal, State or Local) terminated for cause or default.
If the above named Primary Contractor is unable to certify to any of the statements in this
certification, the Primary Contractor shall attach an explanation to this certification.
The Primary Contractor, , certifies or affirms the truthfulness and
accuracy of the contents of the statements submitted on or with this certification and understands that
the provision of 31 U.S.C. Section 3801 et seq. are applicable thereto.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the hereby certifies that
the has authority under State and local law to comply with the subject
assurances and that the certification above has been legally made.
Signature of Applicant's Attorney
Date
INELIGIBLE BIDDERS
hereby certifies that it is / is not (underscore one)
included on the U.S. Comptroller General's Consolidated List of Persons or Firms Currently Debarred
or Violations of Various Public Contracts Incorporating Labor Standards Provisions.
BY:
AUTHORIZED OFFICIAL SIGNATURE
PRE -AWARD CERTIFICATES
As required by Title 49 of the CFR, Part 663 — Subpart B, (the
Vendor) is satisfied that the vehicles to be purchased, (number
and description of vehicles) from (the manufacturer), meet the
requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended.
The grantee or its appointed analyst (the analyst — not the manufacturer or its agent) has reviewed
documentation provided by the manufacturer, which lists:
(1) The propose component and subcomponent parts of the buses identified by manufacturer, country
or origin, and costs; and
(2) The proposed location of the final assembly point for the buses, including a description of the
activities that will take place at the final assembly point and the cost of final assembly.
PRE -AWARD PURCHASER'S REQUIREMENTS CERTIFICATION
As required by Title 49 of the CFR, Part 663 — Subpart B (the
Vendor) certifies that the vehicles to be purchased
(number and description of vehicles) from (the manufacturer), are
the same product described in the grantees' solicitation specification and that the proposed
manufacturer is a responsible manufacturer with the capability to produce a vehicle that meets the
specifications.
PRE -AWARD FMVSS COMPLIANCE CERTIFICATION
As required by Title 49 of the CFR, Part 663 — Subpart D, (the
Vendor) certifies that it received, at the pre -award stage, a copy of 's (the
manufacturer) self -certification information stating that the vehicles,
(number and description of vehicles), will comply with the relevant Federal
Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in Title
49 of the Code of Federal Regulations, Part 571.
Vendor:
Address:
Signature:
Title:
STATE OF COLORADO LICENSE CERTIFICATION
representing the Vendor, swear that the Vendor is
licensed to sell vehicles in the State of Colorado under license #
Vendor:
Address:
Signature
Title:
Manufacturer:
Address:
Signature:
Title:
Notary Public:
Commission Expiration:
P1102 VanGo Mini -Van Purchase
1.0 SCOPE
1.1 This specification establishes the minimum requirements for the purchase of.
7-passenger mini -vans -- up to Five (5)
1.2 Should the manufacturer's current published data or specifications exceed bid specifications, they shall be
considered minimum and furnished.
2.0 CLARIFICATION of specifications
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 Proposal Opening.
Any specification changes will be made by a written addendum issued by the Director.
2.2 For questions concerning the bidding process and bid specifications contact: Jim Hume, Buyer, Phone:
970-221-6776, Fax: 970-221-6707
3.0 DELIVERY
3.1 Delivery of equipment shall be made to:
City of Fort Collins Fleet Shop
835 Wood Street
Fort Collins, CO
Prior to delivering units to Fleet Shop, dealer's representative must stop by the Front Range MPO office
and have delivery documents signed by an authorized MPO employee.
North Front Range MPO
419 South Canyon, Suite 300
Fort Collins, CO 80521
The following employees are authorized to sign delivery documents:
- Kay Wood, Crystal Hedburg, and Anne Blair
Dealer should call 970-221-6859 in advance to assure the presence of authorized personnel.
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, complete
with all standard equipment and options specified herein, unless otherwise agreed upon in writing. Time
is of the essence. The MPO shall be kept advised of any anticipated delay in delivery. In the event the
VENDOR SERVICE AND PARTS SUPPORT DATA
Location of Nearest Technical Service Representative and Warranty to the MPO in the State of Colorado
Name:
City, State, Zip:
Telephone:
Email:
Fax:
Street Address:
The Vendor will describe technical services readily available from above representative.
Location of Nearest Parts Distribution Center to North Front Range MPO in Colorado
Name:
City, State, Zip:
Telephone:
Email:
Street Address:
Fax:
The Vendor shall describe the extent of parts available at said center.
10.0 PROPOSING FIRM'S STATEMENT
I have read and fully understand all the conditions, specifications, and special instructions set forth above. I
hereby agree to comply with all said conditions, special instructions, and specifications as stated or implied.
For questions concerning this RFP, contact Jim Hume, Buyer, 970-221-6776.
Signature:
Title:
Company:
Date:
Name:
Street:
Phone #:
City:
Fax #:
State/Zip:
Email:
Exhibit A: Sample Service Agreement
THIS AGREEMENT made and entered into the day and year set forth below by and between the NORTH
FRONT RANGE MPO, a Corporation, hereinafter referred to as the "MPO" and , hereinafter
referred to as "Contractor".
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 Contractor agrees to provide vehicles to the MPO, by direct sales, per RFP P1102 and the
Contractor's response to that RFP, both documents incorporated herein by this reference. Price changes shall be
negotiated by and agreed to by both parties.
2. Contract Period
This Agreement shall commence , 2008, and shall continue in full force and effect until , 2009
unless sooner terminated as herein provided. In addition, at the option of the MPO, the Agreement may be
extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of
renewal shall be provided to the Contractor 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 party so prevented shall be excused from
whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the
Contractor must provide written notice to the MPO of such condition within fifteen (15) days from the onset of
such condition.
4. Early Termination by MPO/Notice
Notwithstanding the time periods contained herein, the MPO may terminate this Agreement at any time without
cause by providing written notice of termination to the Contractor. 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. Vehicle purchase and rental agreements already in force at the time of such termination shall remain in
force until the end of the term specified in each agreement, unless an earlier termination is negotiated and
agreed to by both parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
MPO: Contractor:
North Front Range MPO
419 South Canyon, Suite 300
Fort Collins, CO 80521
5. Contract Sum
The MPO shall pay the Service provider for the performance of this Contract, subject to additions and deletions
provided herein, the sums specified in the Contractor's response to RFP P1102
6. MPO Representative
The MPO will designate its representative who shall make, within the scope of his or her authority, all
necessary decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the MPO Representative.
7. Independent Service provider
The services to be performed by Contractor are those of an independent service provider and not of an
employee of the MPO. The MPO shall not be responsible for withholding any portion of Contractor's
compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other propose.
8. Personal Services
It is understood that the MPO enters into the Agreement based on the special abilities of the Contractor and that
this Agreement shall be considered as an agreement for personal services. Accordingly, the Contractor shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the MPO.
9. Acceptance Not Waiver
The MPO'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 MPO under this Agreement or cause of action arising out of
performance of this Agreement.
10. 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
maybe declared in default thereof.
11. 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.
12. 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.
Indemnity/Insurance
a. The Contractor agrees to indemnify and save harmless the MPO, 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 Contractor shall take all necessary precautions in performing the work hereunder to prevent injury
to persons and property.
13. 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.
14. 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.
Note• In the completed agreement, required Federal and State terms and conditions, as set forth in
the RFP, will be attached here.
awarded firm, hereinafter referred to as the Vendor, fails to properly perform delivery as specified above,
within the specified time limit set forth by the Vendor in his proposal, the MPO shall sustain damages in
an amount difficult to ascertain. Accordingly, after due allowance for any time extensions which are
agreed by the MPO to be due to conditions beyond the Vendor's control, the Vendor shall be liable to the
MPO, 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 MPO for
any delivery of specified equipment until all aspects of the contract have been fulfilled, unless pre-
arranged and approved by the MPO.
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 Vendor shall furnish the MPO a fully priced
copy (parts and labor) of any warranty or commercial cost repair order which originates in his repair
facility, subsequent to delivery, during or after the warranty period. No charge for service calls, travel
time, travel expenses, mileage, or per diem will be allowed by the MPO in connection with the
performance of any warranty repairs.
5.0 SPECIFICATIONS
5.1 Equipment bid on this proposal must meet or exceed the following minimum requirements. Any
exceptions must be noted and listed on a separate sheet.
General: The following specifications describe an 7-passenger mini -van.
2008 mini -van, equipped as follows:
• 7-passenger seating: two front bucket seats, second row - seating for three adults, third row - seating
for two adults.
• V-6 engine with automatic overdrive transmission
• Van must be upgraded as needed to include the following:
o Cruise control
o Tilt wheel
o Power windows and locks
o Cloth seat trim
o Power adjustable driver's seat
o Power heated outside mirrors
o Power sliding passenger door on curbside
o Sliding passenger door on street side
o Stability control, traction control, and ABS brakes
o Side curtain air bags
o Automatic door locks
o Front and rear heat and air conditioning
o AM/FM/CD radio
o Steel wheels with wheel covers
o Privacy glass in side, rear quarter and rear door glass
o Keyless remote entry
o Rear window defroster and rear wiper
o Vinyl floor mats
White exterior
0 Medium gray or charcoal interior
6.0 EVALUATION OF PROPOSED MINI -VANS AND CONTRACT AWARD
The primary propose of the mini -vans to be purchased under this bid is to transport adult van pool customers on
long commutes. Experience has shown that seven paying passengers are needed to provide adequate cash flow
to offset vehicle capital purchase and operating costs. Since VanGo customers pay for the organization's
services, they have a voice in vehicle choices by participating in evaluations.
For the purposes of this REP, the Toyota Sienna van, when equipped with two front bucket seats, three second -
row seats, and standard third -row seat, has been evaluated and shown to provide excellent comfort for seven
adults on all VanGo commuter routes.
Any other van proposed under this RFP must meet the same criteria, evaluated as follows
1. Acceptable seating arrangement for seven adults.
2. Acceptable seating comfort over long commutes, typically Fort Collins to Denver and return.
3. Provide acceptable power and responsiveness for safe operation when fully loaded.
4. Provide acceptable stopping ability when fully loaded.
5. Provide acceptable handling characteristics in a variety of weather and road conditions.
6. Have an acceptable reliability rating and service history.
Vendors proposing anything other than a Toyota Sienna van must be prepared to provide a vehicle for test and
evaluation purposes. North Front Range MPO and City of Fort Collins Fleet personnel will evaluate proposed
vehicles. VanGo customers will evaluate such vehicles after operating them on regular commutes.
General evaluation format:
1. Acceptable
2.. Unacceptable, with a reason given.
Successful vendor must enter into an agreement (sample attached as Exhibit A) with the MPO within thirty days
after notification of award.
7.0 FREIGHT TERMS
FOB destination, freight prepaid. All freight charges must be included in bid pricing.
8.0 PRICE PROPOSAL
Pricing for vans to be purchased:
Qty.
Description:
Each
Total
— 5
2008 mini -vans equipped as specified
$
$
Attach specification sheets and other information listing the standard and optional equipment for the proposed
vans. ** Important ** Sign the attached Federal and State certifications and submit them with your
proposal. Buy America and FMVSS forms must be accompanied by documents from the vehicle
manufacturer showing that the vehicle meets Buy America and FMVSS requirements.
9.0 FEDERAL TERMS AND CONDITIONS
FEDERALLY REQUIRED CLAUSES
The vehicles included in this proposal are to be partially financed with the assistance of grants from the Federal
government under the Federal Transit Act, as amended. The contractor(s) will be required to comply with all
applicable regulation, terms and conditions prescribed by grant's Master Agreements between the United States
Department of Transportation Federal Transit Administration and the Colorado Department of Transportation.
Reference to those terms and conditions are outlined below. These clauses will be formalized and included in
the contract/price agreement with the contractor for the service described in the bid specifications.
BUY AMERICA REQUIREMENTS
49 U.S.C. 53230)
49 CFR Part 661
Buy America — The contractor agrees to comply with 49 U.S.C. 5323(j) and 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 passenger wagons 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 5323(j)(2)@ 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.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below)
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 a non -responsive.
This requirement does not apply to lower tier subcontractors.
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
Energy Conservation — The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
CLEAN WATER REQUIREMENTS
33 U.S.C.1251
Clean Water — (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251
et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 U.S.C. 5323
49 CFR Part 663
Pre -Award and Post -Delivery Audit Requirements — The Contractor agrees to comply with 49
U.S.C. 5323(1) 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 to meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1)
manufacturer's FMVSS self -certification sticker information that the vehicle complies with
relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be
subject to FMVSS regulations.
LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act
of 1995, P.L. 104-65 (to be codified at 2 U.S.C. 1601, et seq.) — Contractors who apply or bid for an
award of $100,000 or more shall file the certification required by 49 CFR Part 20, "New Restrictions
on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such
disclosures are forwarded from tier to tier up to the recipient.
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (1)
49 CFR 633.17
Access to Records — The following access to records requirements apply to this Contract:
Where the Purchaser is not a State, but is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the
Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R.
633.17 to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through
the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. 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.
3. 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 (6) dated October, 1999) 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.
CLEAN AIR
42 U.S.C. 7401 et seq.
40 CFR 15.61
49 CFR Part 18
Clean Air — (1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,
report each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
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.
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.
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the FTA assisted project for which this contract work is
being performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certifications, 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 claims, statement, submission, or certification to the Federal government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.111)
Termination for Convenience - The MPO 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 MPO to be paid the
Contractor. If the Contractor has any property in its possession belonging to the MPO, the Contractor
will account for the same, and dispose of it in the manner the MPO directs.
Termination for Default - If the Contractor does not deliver supplies in accordance with the contract
delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner
called for in the contract, or if the Contractor fails to comply with any other provisions of the contract,
the MPO may terminate this contract for default. Termination shall be affected 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 MPO that the Contractor had an excusable reason for not performing,
such a strike, fire or flood, events which are not the fault of or are beyond the control of the
Contractor, the MPO, after setting up a new livery of performance schedule, may allow the Contractor
to continue work, or treat the termination as a termination of convenience.
Opportunity to Cure - The MPO in its sole discretion may, in the case of a termination for breach or
default, allow the Contractor ten days in which to cure the defect. In such case, the notice of