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Purchasing Division
215 N. Mason St. 2"' Floor
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PO Box 580
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fcgov.com/Purchasing
REQUEST FOR PROPOSAL
7188 VanGO Minivans
The City of Fort Collins is requesting proposals for the purchase and/or lease of passenger
minivans.
Written proposals, three (3) 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), December 10, 2010. Proposal No.7188. 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.
Questions concerning the scope of the project should be directed to Project Manager Crystal
Hedberg, (970) 416-2638.
Questions regarding bid 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,
www.fcqov.com/eprocurement
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.
6. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
Pre -Award and Post -Delivery Audit Requirements - 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 buses will not be subject to
FMVSS regulations.
7. LOBBYING
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.
** Complete and return the Lobbying certification attached as Appendix B.
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8. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee
of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the
Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized
representatives access to any books, documents, papers and records of the Contractor which are directly
pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO Contractor access to Contractor's records and construction sites
pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. 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).
9. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the Master
Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time
during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this
contract.
10. CLEAN AIR
Clean Air—
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seg. 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.
11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The MPO shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities
of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of
this section.
12. 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.
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13. PROGRAM FRAUD $ FALSE OR FRAUDULENT STATEMENTS & RELATED ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,
the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded by
FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties
of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
14. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is
required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940
and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement
to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the MPO. If it is
later determined that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to the MPO, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer
agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
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15. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of
the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. §
5332, the Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to
the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive
orders, regulations, and Federal policies that may in the future affect construction activities
undertaken in the course of the Project. The Contractor agrees to take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees
to refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in
part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
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16. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE)
is 10%. The agency's overall goal for DBE participation is 4.75%. A separate contract goal has not been
established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in
the award and. administration of this DOT -assisted contract. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or
such other remedy as the MPO deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral
means throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for
that work from the MPO.
d. The contractor must promptly notify the MPO, whenever a DBE subcontractor performing work related
to this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not
terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of the MPO.
17. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
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 E, 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 MPO requests which would cause the MPO to be in violation of the FTA terms and conditions.
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APPENDIX A: BUY AMERICA CERTIFICATION
Certification requirement for procurement of buses, other rolling stock and associated equipment
Certificate of Compliance with 49 U.S.C. 5323U)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date
Signature
Company Name
Title
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APPENDIX B: 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
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 sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees
that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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Exhibit A: Service Agreement
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between THE
NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION, hereinafter referred to as the
"MPO" 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:
Scope of Services. The Service Provider agrees to provide commuter pool van leasing services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence , 2011, and shall continue in full force and
effect until , 2011, 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. Renewals and pricing changes shall be negotiated by and agreed to by
both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and
Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service
Provider and mailed no later than 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 Service Provider 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
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:
MPO:
Copy to:
Service Provider:
NFRMPO
City of Fort Collins
419 Canyon Ave
Attn: Jim Hume
Suite 300
PO Box 580
Fort Collins, CO 80521
Fort Collins, CO 80522
In the event of early termination by the MPO, 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
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obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The MPO shall pay the Service provider for the performance of this Contract, subject
to additions and deletions provided herein, per the attached Exhibit "A", consisting of pages,
and incorporated herein by this reference.
6. MPO Representative. The MPO will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessay and proper
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 Service Provider 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 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 MPO 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 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. 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. Standard Factory warranties shall apply to vehicles leased under this Agreement.
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.
12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a
period often (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 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
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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 ll, CPPO, FNIGP
Director of Purchasing & Risk Management
where renewal is a way of life
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 MPO as an additional insured under this
Agreement of the type and with the limits specified within Exhibit 6, consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the MPO, one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the MPO.
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.
17. Special Provisions. [Optional] Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( )
pages, attached hereto and incorporated herein by this reference.
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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
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement. The City, its officers, agents and
employees shall be named as additional insured on the Service Provider's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
Insurance coverage 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:
Workers' Compensation insurance with statutory limits as required by Colorado
law.
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.
In
7188 VanGo Minivans
1.0 SCOPE
1.1 This specification establishes the minimum requirements for the purchase and/or lease of:
7-passenger minivans
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 Canyon Avenue, Suite 300
Fort Collins, CO 80521
The following employees are authorized to sign delivery documents:
- Crystal Hedberg and Cliff Davidson
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 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 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.
At the time of this solicitation, only Chrysler has been willing to provide FTA with
required domestic content documentation. Proposals will not be accepted without such
documentation from the vehicle manufacturer.
General: The following specifications describe a 7-passenger mini -van.
• 7-passenger seating: two front bucket seats, second row - seating for three adults (if available),
third row - seating for two or three adults.
• V-6 engine with automatic overdrive transmission
• White Exterior
• Medium gray interior
• Van should 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 curb side
o Power sliding passenger door on street side
o Stability control and traction control
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
o Daytime running lamps
o Engine block heater
o Tow package, including HD cooling, load leveling
5.2 Leasing
MPO plans to enter into a long-term procurement agreement with the selected vendor. Such agreement
will include provisions for both outright purchase and leasing of vehicles. Initial agreement term would be
one year with four (4) optional one-year renewals. Requested bid pricing is intended for vehicles
ordered in early 2011. Price and/or equipment configuration changes for vehicles on subsequent orders
must be negotiated and agreed to by both parties.
Lease pricing is requested as follows:
• Monthly lease price for 36 months, 100,000 miles
• Monthly lease price for 60 months, 100,000 miles
Leases will be closed end, with optional buyout during lease and at lease end.
Proposals must include the following information:
• Warranty term, coverage, and where warranty repairs can be performed.
• Sample lease document
• Additional costs associated with leases:
- Acquisition, dealer prep or other fees, if any
- Vehicle order cancellation fee
- early lease termination costs
- end of lease disposal, termination or other fees, if any
- excess wear and tear charges and how they are determined
- excess mileage charges
• Pricing and details on extended warranty plans.
• Explanation of any available rebates/incentives and how they have been included.
• Price calculations if the MPO desired to purchase a vehicle prior to lease end.
• Normal vehicle order lead time.
• How leased vehicles are to be titled.
• Federal Forms:
o Buy America certification (Appendix A)
o Lobbying certification (Appendix B)
o FMVSS certification (manufacturer's own form)
2
5.3 Training
Proposals shall include the firm's plans for the training MPO technicians or its contract maintenance
personnel in the proper maintenance and repair of the proposed minivans. Firms must provide
information on available manufacturer training programs, make suggestions on which courses would be
best for MPO's purposes, and indicate what training the firm is willing to provide free of charge.
6.0 Evaluation Of Proposed Minivans And Contract Award
The primary purpose of the minivans to be purchased under this bid is to transport adult van pool
customers on long commutes. Experience has shown that six or seven paying passengers are needed
to provide adequate cash flow to offset vehicle purchase and operating costs.
Proposed vans, which meet the specifications given above will be evaluated as follows:
1. Acceptable seating arrangement for six or seven adults.
2. 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 in a variety of weather and road conditions.
6. Have an acceptable reliability rating and service history.
General evaluation format:
1. Acceptable
2. Unacceptable, with a reason given.
Successful firm must enter into an agreement (sample attached as Exhibit A) with the MPO within thirty
days after notification of award.
3
7.0 Proposed Pricing
We hereby enter the following pricing for the MPO's requirements for minivans, per the bid invitation and
any referenced specifications:
Pricing for vans to be purchased:
Qty.
Description:
Each
1
New minivan equipped as specified
$
Options:
1
Backup camera system
$
Lease pricing for minivans, equipped as specified:
Qty.
Lease term and total
Cash Price
Residual
Lease Cost
mileage:
1
36 months/100,000 miles
$
$
$
1
60 months/100,000 miles
$
$
$
7.1 PURCHASE VOLUME
The MPO plans to purchase and/or lease vans on the following schedule:
2011 Purchase 14 Lease 19
2012 Purchase13 Lease(none)
2013 Purchase 10 Lease (none)
These numbers are provided for planning purposes only and is not a promise to purchase or lease any
specific number of vans.
7.2 FREIGHT TERMS
FOB destination, freight prepaid. All freight charges must be included in bid pricing.
Attach specification sheets and other information listing the standard and optional equipment for the
proposed vans.
** Important ** Sign the attached Federal certifications (Appendix A and B) 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
11
8.0 FEDERAL TERMS AND CONDITIONS
1.
FLY AMERICA REQUIREMENTS......................................................................................5
2.
BUY AMERICA....................................................................................................................5
3.
CARGO PREFERENCE REQUIREMENTS........................................................................6
4.
ENERGY CONSERVATION REQUIREMENTS..................................................................6
5.
CLEAN WATER REQUIREMENTS....................................................................................6
6.
PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS....................................7
7.
LOBBYING..........................................................................................................................7
8.
ACCESS TO RECORDS AND REPORTS..........................................................................7
9.
FEDERAL CHANGES.........................................................................................................8
10.
CLEAN AIR.........................................................................................................................
8
11.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.......................................9
12.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES...................................................9
13.
PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS & RELATED ACTS.10
14.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ......
10
15.
CIVIL RIGHTS REQUIREMENTS.....................................................................................11
16.
DISADVANTAGED BUSINESS ENTERPRISE (DBE).....................................................12
17.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............
12
1. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the
General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and
subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S
Government -financed international air travel and transportation of their personal effects or property, to
the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined
by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier was not
available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate
of compliance with the Fly America requirements. The Contractor agrees to include the requirements of
this section in all subcontracts that may involve international air transportation.
2. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that
Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded
projects are produced in the United States, unless a waiver has been granted by FTA or the product is
subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in
the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation,
and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49
U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and
have a 60 percent domestic content.
Per Federal Register Doc 2010-14992, issued June 15, 2010, the FTA has approved a waiver for all
minivans making them exempt from the 'assembled in the United States' requirement under Buy
America. Any minivan purchased with FTA funds must meet the 60 percent domestic content
requirement. Manufacturers must provide detailed component lists as required by the FTA.
Manufacturers must continue to comply with the pre -award and post -delivery audit requirements
of 49 CFR part 663.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.
Bids or offers that are not accompanied by a completed Buy America certification must be
rejected as nonresponsive.
Note to dealers and manufacturers:
3MEMP At the time of this solicitation, only Chrysler has been willing to provide FTA with
the required domestic content documentation. Proposals will not be accepted without
such documentation.
*"Complete and return the Buy America certification attached as Appendix A.
3. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately
owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any
equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are
available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20
working days following the date of loading for shipments originating within the United States or within 30
working days following the date of leading for shipments originating outside the United States, a legible
copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo
described in the preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the
case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts issued
pursuant to this contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
4. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating
to energy efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
5. CLEAN WATER REQUIREMENTS
Clean Water - 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
Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate
EPA Regional Office.
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