HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9125482Date: October 3, 2012
Vendor Name:
REQUEST FOR QUOTATION
The City of Fort Collins is seeking bids for itsTransfort Division from qualified vendors to
produce the following station signs for the MAX Bus Rapid Transit (BRT) Line Project that will
operate along the Mason Corridor. Service will begin in the summer of 2014.
Transfort is the City's public bus service provider.
Please supply price and delivery information per the below referenced specifications.
Respond by October 9, 2012 via fax or email to: David Carey, CPPB, Buyer,
Fax: (970) 221-6707, Email: dcarevCai7fcgov.com .
Questions concerning the specifications should be directed to Holly Reyerson, Transfort
Marketing & Communications, at (970) 416-2303 or hreversona_fcgov.com .
Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer
at (970) 416-2191 or dcarev(U)fcgov.com .
City's preference is to award all signs to one vendor. However, the City may award bids on
either an individual sign size or on a total bid basis, whichever is most beneficial to the City.
The City reserves the right to accept or reject any and all bids, and to waive any irregularities
or informalities.
Job Name: MAX is on the way! Station Signs (draft imagery included for reference only).
Sign Specifications:
0.080 Aluminum
4-color, digitally printed on heavy-duty vinyl for outdoor use
Minimum life expectancy 2 years
3M graffiti resistant coating
Rounded edges
Quantities:
4' wide X 6' tall = 4 signs, 2 two sided*, 2 one sided
6' wide X 4' tall = 9 signs, 4 two sided*, 5 one sided
*Two sided signs will have the same content/graphics on both sides.
Detailed list:
• Mountain Station 6'x4'; one sided
• Olive Station 4' x 6': two sided
• Mulberry Station 4' x 6'; one sided
• Laurel Station 4' x 6'; two sided
• University Station 4' x 6'; one sided
• Prospect Station 6' x 4'; one sided
• Spring Creek Station 6' x 4'; one sided
• Drake Station 6' x 4'; one sided
• Swallow Station 6' x 4'; two sided
• Horsetooth Station 6' x 4'; two sided
• Troutman Station 6' x 4'; two sided
• Harmony Station 6' x 4'; one sided
• South Transit Center 6' x 4'; two sided
Delivery:
Completed signs are to be delivered to City of Fort Collins Sign Shop located at 625 Ninth Street, Fort
Collins, CO 80524.
Deadline:
Signs must be completed and delivered within three (3) weeks of date Purchase Order (PO) is issued.
Other: The following Federal Transit Administration (FTA) Contract Clauses apply, details attached:
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
3. ACCESS TO RECORDS AND REPORTS
4. FEDERAL CHANGES
5. TERMINATION
6. CIVIL RIGHTS REQUIREMENTS
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
10. ENERGY CONSERVATION REQUIREMENTS
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BID FORM
Job Name: MAX is on the way! Station Signs
Quantity: one (1) each
Sign Price Each Total Price
Mountain Station
$ $
Olive Station
$ $
Mulberry Station
$ $
Laurel Station
$ $
University Station
$ $
Prospect Station
$ $
Spring Creek Station
$ $
Drake Station
$ $
Swallow Station
$ $
Horsetooth Station
$ $
Troutman Station
$ $
Harmony Station
$ $
South Transit Center
$ $
Total Quantity Cost:
Prices must include delivery.
Delivery (after proof approval):
Items bid meet or exceed the specifications listed without exception.
Yes_ No _
If not, please list exceptions on a separate sheet and attach to your bid.
Vendor Name:
Address:
Telephone #:
Respondent Name:
(Please Print)
By:
(Signature)
Email:
Title:
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Date:
Federally Required Federal Transit Administration (FTA) Contract Clauses for Purchases where
only a Purchase Order is used as the contracting mechanism.
1. 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.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND 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 seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,
the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded
by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the
penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. 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.
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B. 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.
C. 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).
D. FTA does not require the inclusion of these requirements in subcontracts.
4. 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.
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a. Termination for Convenience (General Provision) The City may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out costs
and profit on work performed up to the time of termination. The Contractor shall promptly submit its
termination claim to the City to be paid the Contractor. If the Contractor has any property in its
possession belonging to the City, the Contractor will account for the same, and dispose of it in the
manner the City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not
deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the
Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply
with any other provisions of the contract, the City may terminate this contract for default. Termination
shall be effected by serving a notice of termination on the contractor setting forth the manner in which
the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not performing, such
as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the
City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work,
or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of
a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to
cure the defect. In such case, the notice of termination will state the time period in which cure is
permitted and other appropriate conditions
If Contractor fails to remedy to The City's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written
notice from the City setting forth the nature of said breach or default, the City shall have the right to
terminate the Contract without any further obligation to Contractor. Any such termination for default shall
not in any way operate to preclude the City from also pursuing all available remedies against Contractor
and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies
for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City
shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or
condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or
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to perform the services within the time specified in this contract or any extension or if the Contractor fails
to comply with any other provisions of this contract, the City may terminate this contract for default. The
City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of the City.
6. 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 sec., (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.
(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.
7. 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
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Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 9.9 %. 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 City of Fort Collins deems appropriate.
Each subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
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 City of Fort Collins. In addition, is required to return any
retainage payments to those subcontractors within 30 days after incremental acceptance
of the subcontractor's work by the City of Fort Collins and contractor's receipt of the
partial retainage payment related to the subcontractor's work.
d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must
make good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The contractor may not terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent of City of
Fort Collins.
8. 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 (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA
terms and conditions.
9. 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 (insert agency name). 11
it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to {insert agency name), the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to
comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
10. ENERGY CONSERVATION REQUIREMENTS
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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.
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