HomeMy WebLinkAboutRFP - 7590 TRANSFORT UNIFORM DIRECT PURCHASE PROGRAMRFP 7590 Transfort Uniform Direct Purchase Program Page 1 of 31
REQUEST FOR PROPOSAL
7590 TRANSFORT UNIFORM DIRECT PURCHASE PROGRAM
The City of Fort Collins is accepting written proposals from qualified firms for Uniform Direct
Purchase Program to include ancillary services, for the City’s Transfort Bus Division.
Proposals submission via email is preferred. Proposals shall be submitted n Microsoft
Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard
copy proposals instead, four (4) copies, 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 3:00 p.m. (our clock), January 31, 2014 and referenced as Proposal No.
7590. 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.
The City encourages all disadvantaged business enterprises to submit proposals in response to
all requests for proposals and will not be discriminated against on the grounds of race, color,
national origin for all proposals for negotiated agreements.
Questions concerning the scope of the project should be directed to Kaley Zeisel at (970) 224-
6067 or kzeisel@fcgov.com.
Questions regarding bid submittal or process should be directed to Ed Bonnette,
CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com.
Questions must be submitted in writing via email to Kaley Zeisel, with a copy to Ed
Bonnette, no later than 5:00 PM (our clock) on Friday, January 17, 2014.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
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,
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 7590 Transfort Uniform Direct Purchase Program Page 2 of 31
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 has Protest procedures which are available from the Purchasing Office.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 7590 Transfort Uniform Direct Purchase Program Page 3 of 31
7590 TRANSFORT UNIFORM DIRECT PURCHASE PROGRAM
The City of Fort Collins is requesting proposals from qualified firms for a Uniform Direct
Purchase Program to include ancillary services, for the City’s Transfort Bus Division. This is a
one year agreement with the option to renew for up to four more one-year periods. This is
subject to appropriation of funds year-to-year.
I. BACKGROUND:
The City of Fort Collins currently has a leasing arrangement for Transfort employee
uniforms. It is the City’s intention to re-brand its Transfort uniform and provide Transfort
employees with a local retail or business office outlet for direct fitting and purchase of their
uniform garments. Additionally, the City seeks a qualified vendor to provide (either through
its own employees or subcontractors) ancillary services to include alterations, embroidery,
mending and sewing of patches on purchased garments.
Transfort employees will be given an annual allowance for the purchase of uniform
garments that will be pre-approved by Transfort management. The City would like to
explore management options that allow Transfort employees to be fitted for and make their
purchases of approved items. Although walk-in service during normal business hours is
desired, service by appointment during normal business hours and arranged between the
employee and the Service Provider’s staff would be acceptable.
The City seeks to begin implementation as soon as possible upon award and have all
Transfort employees outfitted with uniform garments no later than April 1, 2014. Transfort
employees to be outfitted with garments include:
75 bus operators
5 road supervisors
2 field and training coordinators
II. SCOPE OF WORK/DELIVERABLES:
A. The City of Fort Collins requests proposals for purchase of uniform garments.
Additionally, the City requests that proposals include embroidery on uniform garments as
necessary, as well as mending and alternations of uniform garments as requested by
Transfort personnel. The intent is that an Initial Stocking Order for approximately 82
employees of Transfort will be placed upon award of the Services Agreement for Year 1;
with smaller Replenishment Orders to be made annually and/or as needed over the
course of the Agreement.
B. SALES/SERVICE CENTER: The City requires that the Service Provider provide a sales
location for Transfort employees to purchase and receive ancillary services within a ten
(10) mile radius of 2600 S. College Ave, Fort Collins, CO 80525. Sales/Service Center
should provide adequate amenities to include the following: provide for private fitting
rooms, storage and/or display of approved garments, catalogs displaying approved
garments. Service Provider’s staff is to be trained and aware of the policies and
procedures of the awarded contract; in order that Transfort employees may easily select,
fit, purchase and have any necessary services performed on their chosen garments.
Walk-In and/or By Appointment service is to be available during normal business hours.
The City desires traditional business hours between the hours of 8:00 am and 5:00 pm
Monday thru Friday. However, alternate proposals for service hours will be considered.
Saturday hours are desirable.
RFP 7590 Transfort Uniform Direct Purchase Program Page 4 of 31
C. ALLOWANCE MANAGEMENT: The City will provide annual allowances to Transfort
employees for the purchase of approved uniform items. Upon execution of the contract,
the City will issue a Blanket Purchase Order to the selected Service Provider. It is highly
desirable to the City that the Service Provider draw down on the purchase order using a
voucher or similar system. The City will be responsible for providing approved vouchers
to Transfort employees and identification criteria to the Service Provider. The City
requests the Service Provider to propose a system that can be managed by the Service
Provider allowing the employee to draw down on his/her voucher until all funds have
been expended within the voucher’s expiration date (one year from time of issuance).
The Service Provider will be required to invoice the City’s Contract Manager on a
monthly basis related to the draw-downs each employee has made against his/her
allowance.
D. UNIFORM COMPLEMENT AND QUANTITIES: Garments covered in this Program will
be selected by the City Contract Manager from the items represented on the Pricing
Schedule. If additional items not covered on the Pricing Schedule are requested by the
Contract Manager, they will be priced using the Service Provider’s same Pricing
Multipliers that are used for similar item categories on the Pricing Schedule. The
Contract Manager will determine the quantities of each type of approved garment that
can be purchased by the employees. The Contract Manager may add or delete uniform
pieces from the Contract at any time during the Contract Period.
E. IMPLEMENTATION SCHEDULE: Service Providers shall include a sample
Implementation Schedule with their RFP submission in order for the City to have an idea
of how long it will take each Service Provider to get their program up and running should
they be the awarded vendor.
F. ORDERING: In addition to managing the implementation schedule, the Service Provider
will be required to fulfill orders placed by new employees and employees who are
refreshing their uniform garments with their annual allowances on a rolling period.
Orders should be at the Service Provider’s sales and service center and ready for pick-
up by the Transfort employee, or delivered to Transfort, within ten (10) business days of
the placement of the order. An order is considered complete when all embroidery and
alterations have been completed.
G. OVERSIZE/UNDERSIZE UNIFORMS: Service Providers should be aware that an
average of 5% of City employees requires oversized or undersized uniforms. No
additional cost is to be charged for oversized or undersized garments. Also, the Service
Provider is required to provide female-size apparel at no additional cost. Service
Provider is to make every effort to see that oversize, undersize and female employees
receive their uniform pieces in the same time frame as regular-size male employees.
H. SIZE CHANGES: Service Provider is to provide a return period for the exchange of
items not embroidered or altered for normal size changes at no additional charge to the
City. Garments returned to the Service Provider must be in like-new condition.
I. ALTERATIONS: Alterations are to be a service provided by the Service Provider. If a
garment requires alteration, Service Provider has seven (7) calendar days to return or
replace garment from the date of being informed of the request by authorized City
personnel.
J. PROFESSIONAL APPEARANCE: The City requires a professional appearance for City
employees. All uniform garments must be new.
RFP 7590 Transfort Uniform Direct Purchase Program Page 5 of 31
K. MEASUREMENT, FITTING AND INVENTORY: Transfort requests that the Service
Provider provides the capability to measure employees upon their request, and provide
employees the opportunity to try on garments for proper fit on-site at the Service
Provider’s established sales and service center. Service Provider shall negotiate
schedule for these events with the City Contract Manager. Transfort requests that the
Service Provider maintain adequate inventory on-hand or guarantee reasonable
inventory replacement schedules to measure, fit and provide employees with their
uniform garments in a timely manner, regardless of size.
L. DIRECT EMBROIDERY LOGOS: Service Provider is to provide a service to directly
embroider logos to shirts, jackets, vests and other selected uniform garments as directed
by the City Contract Manager. The City will design the artwork for the logo; and will
provide the logo artwork to the Service Provider for embroidery. Service Provider will
not charge a fee to attach the logos to garments. Embroidery is to be included in the
Purchase Price of the garment where indicated on the Pricing Schedule.
a. Service Provider may elect to subcontract out the embroidery work to a third-
party provider. The City is fine with this approach as long as Service Provider
makes it clear in their proposal that they are providing a turnkey price and lead
time so that the City is dealing directly with only one vendor who handles all other
aspects of providing the finished garment as specified to the City.
M. INVOICES: The City desires to receive itemized invoices by employee name and/or ID
number, so that management can track articles of clothing and services that have been
provided to its employees. Invoices should include the following attributes:
a. Employee Identifier
b. Item Number
i. Item Number should be derived from the catalog of approved garments
c. Purchase, Service and/or Exchange Date
d. Itemized Charges
Service Providers are to include samples of invoices that they are currently providing for
other customers as part of their proposal submission. The City reserves the right to
request that the awarded Service Provider create custom invoices that will meet the
City’s needs, if deemed necessary.
N. SAMPLES: The City reserves the right to request samples of the uniform pieces to be
supplied at no cost to the City, prior to awarding the Contract. The City will retain the
samples provided by the awarded Service Provider in order to create an express
warranty that the whole of the goods provided shall conform to the sample submitted;
samples provided by non-awarded vendors shall be returned to them after the awarded
contract has been signed.
a. It is the City’s intent to require four (4) physical samples of each garment to be
provided by the Service Providers for evaluation should they be selected for the
short list for a secondary round of oral interviews.
O. COOPERATIVE PURCHASING: The City of Fort Collins allows other Public Agencies
the opportunity to purchase off the Award for this RFP at the option of the Awarded
Vendor. Other public agencies that are members of the Colorado Multiple Assembly of
Procurement Officials (MAPO) cooperative purchasing group in particular may contact
RFP 7590 Transfort Uniform Direct Purchase Program Page 6 of 31
the awarded Service Provider with a desire to participate in any resulting awards as a
potential cooperative user.
P. SITE AUDITS: The City may request, at their option, a Site Audit prior to making Award.
Also, the City will reserve the right to do periodic Site Audits of the awarded Service
Provider.
Q. CUSTOMER SATISFACTION SURVEY AND FOLLOW-UP CORRECTIVE ACTION
MECHANISM: Service Providers shall include a sample of any Customer Satisfaction
Surveys they currently do for other existing customers, and show us how their follow-up
corrective action mechanism works for any issues identified in the course of these
Surveys.
R. The City reserves the right to award directly as a result of the written proposals.
The City may or may not opt to conduct oral interviews.
S. All awards and extensions are subject to annual appropriations of funds.
T. Purchase Costs provided on the enclosed Pricing Schedule will cover all sizes, labor,
transportation and any associated cost that is required to provide the services identified
in this RFP. No Fuel Surcharges will be accepted. The City of Fort Collins will not be
liable for any charge not provided in the Pricing Schedule.
U. No Buy-Back Provisions will be considered.
V. Sustainability: Service Providers shall include the following documentation in their
submitted written proposal:
a. Verification that apparel is manufactured using Sweatshop-Free Labor.
b. Cleaning instructions for each uniform piece submitted; it is the City’s
requirement that each garment submitted for the program can be wet-laundered.
Any exceptions to this must have the prior written approval of the City’s Contract
Manager.
c. Estimated lifespan of each proposed garment given normal wearing conditions.
III. PROPOSAL SUBMITTAL REQUIREMENTS:
The City’s intent is to choose the most qualified firm based upon approach, methods,
qualifications and experience, availability, and general cost estimate. Of prime importance is
the firm’s flexibility in responding to services as requested by City staff during the term of the
Services Agreement.
For Initial Proposal Submittal:
All respondents are required to include the following information in the submittal as a
minimum. Respondents are to number and name each section as follows:
a. Methods and Approach –
i. Describe your relationship with Manufacturer of the garments proposed for this
Project. Include how you plan to guarantee continuity of supply, quality,
uniformity of appearance, and color match throughout the life of this resulting
Services Agreement. Is manufacturer ISO-9001 certified? If Yes, supply
confirming documentation.
ii. Clothing Descriptions: Descriptions provided on the Pricing Schedule are left
somewhat open to encourage the Service Provider to suggest the garment and
RFP 7590 Transfort Uniform Direct Purchase Program Page 7 of 31
fabric type they have in their product line that best provides the high-quality and
consistent appearance Transfort is seeking for their employees as a result of
this RFP process. Service Providers are to provide a detailed description and
picture of each garment they are proposing for the Pricing Schedule that best
fits the requirement to provide a high-quality, consistent, uniform appearance
over the course of a contract anticipated to be renewed for up to the full five-
year term.
iii. Describe your Sales/Service Center location & arrangement, including
proposed services as relates to the RFP, and proposed business hours.
iv. Describe how you propose to manage the Voucher System required by the
City.
v. Provide your proposed Implementation Schedule and ability to have the 82
Transfort employees outfitted by no later than April 1, 2014.
vi. Provide samples of itemized invoices you are currently providing for other
customers, for programs similar to those described in the RFP.
vii. Provide sample of Customer Satisfaction Surveys and follow-up Corrective
Action mechanism for any issues identified as a result of these Surveys.
b. Qualifications and Experience - Provide relevant information regarding previous
experience related to delivering similar services to the ones listed under our Scope of
Work/Deliverables above:
Number of years in the business.
Overview of services offered, qualifications
Names and location of similar projects. Three references of such projects, to
include:
a) Service provided
b) Date of service
c) Client organization
d) Contact name and title, phone, and e-mail address of public agency
reference(s) overseeing the Delivered Services.
c. List of Project Personnel - This list should include the identification of the
contact person with primary responsibility for this contract.
d. Availability/Lead Time – What is the Lead Time required to deliver the product After
Receipt of Order (ARO)?
e. Cost Structure – Using the Pricing Schedule grid provided, please submit your Cost
to provide the Initial Orders described in the Scope of Work. Pricing is to remain firm
throughout the term of the resulting Contract; for both Initial Orders (placed in Year
1) and for subsequent reorder quantities. Where indicated, price is to include cost of
one-color embroidered City of Fort Collins Transfort logo on front.
f. Sustainability: Provide information on the following:
i. What assurances does the Vendor provide that the apparel is manufactured
using Sweatshop-Free Labor?
RFP 7590 Transfort Uniform Direct Purchase Program Page 8 of 31
ii. Submit garment care instructions for each proposed item.
iii. Submit estimated lifespan for each garment proposed, given normal wearing
conditions.
IV. PRICING SCHEDULE – PURCHASE PROGRAM ITEMS; INITIAL ORDER:
ITEM
# DESCRIPTION
SEWING
REQUIREMENTS
EST.
QUANTITY
PER UNIT
PURCHASE PRICE
EXTENDED
TOTAL
1
Softshell Jacket (Water
repellent or water resistant
material). Colors: Navy, Black.
Direct Embroidery of
Transfort Logo 82
2 Mid-Layer Jacket. Colors:
Navy, Black, Khaki.
Direct Embroidery of
Transfort Logo 82
3
Polo Shirt (High Quality). Can
be 2 or 3-button style. Colors:
Navy, Black, Green.
Direct Embroidery of
Transfort Logo 123
4
Short Sleeved Button Up
Oxford Shirt, button-down
collar, breast pocket. Colors:
Navy, Black, Green.
Direct Embroidery of
Transfort Logo 164
5
Long Sleeved Button Up Oxford
Shirt, button-down collar,
breast pocket. Colors: Navy,
Black, Green.
Direct Embroidery of
Transfort Logo 82
6 Pants, wrinkle-resistant finish.
Colors: Navy, Black, Khaki. 287
7 Shorts, wrinkle-resistant finish.
Colors: Navy, Black, Khaki. 82
8 Fleece Vest, full-zip front.
Colors: Navy, Black.
Direct Embroidery of
Transfort Logo 82
9
Crew neck Sweatshirt. Can be
cotton/poly blend, minimum 9
oz or higher. Colors: Navy,
Black.
Direct Embroidery of
Transfort Logo 82
RFP 7590 Transfort Uniform Direct Purchase Program Page 9 of 31
ALTERATIONS: Price for alteration services, as follows:
Description
Price, each
1 – Taking up and tapering of pants
$__________
2 – Taking up and letting out waist
$__________
3 – Shortening or lengthening trousers
$__________
4 – Taking up and tapering of shirt body and sleeves
$__________
5 – Taking up sleeve length
$__________
6 – Sewing patches (i.e., emblems) onto Uniforms (is in addition to items
purchased with Direct Embroidery included) $__________
Total
$__________
Total divided by 6 = Average Cost of Alterations
$__________
3. TAILORING: (Must Check One)
Are tailoring services available at your place of business during normal business hours?
Full time (30-40 hours a week)____ Part time ( under 30 hours per week) ____.
Not available ____.
RFP 7590 Transfort Uniform Direct Purchase Program Page 10 of 31
V. VENDOR STATEMENT:
I have read and understand the specifications and requirements for this bid and I agree to
comply with such specifications and requirements. I further agree that the method of award is
acceptable to my company. I also agree to complete a Services Agreement with the City of Fort
Collins within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
FIRM NAME:
ADDRESS:
CITY, STATE, ZIP:
EMAIL ADDRESS: PHONE:
BIDDER’S NAME:
SIGNATURE:
PRIMARY SERVICES ISSUES CONTACT:
TELEPHONE: CELL:
EMAIL:
Compensation and Contract Process
A. After contract award, progress invoices shall be billed in monthly installments, subject
to review and approval by the City’s Project Manager. City payment terms will be Net
30 Days from receipt of invoice.
B. The selected Service Provider shall be expected to sign the City’s standard Services
Agreement prior to commencing Services (see sample attached to this Proposal).
C. The City reserves the right to award directly as a result of the written proposals. The
City may or may not opt to conduct secondary evaluations.
D. The City reserves the right to negotiate with any vendor as meets the needs of the
City. The City reserves the right to reject any or all proposals, and to waive any
irregularities.
RFP 7590 Transfort Uniform Direct Purchase Program Page 11 of 31
VI. REVIEW AND ASSESSMENT
Proposers will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and any optional interview session. The rating scale shall be
from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an
outstanding rating.
WEIGHTING
FACTOR QUALIFICATION STANDARD
3.0 Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and results
that are desired from the project?
1.0
Assigned
Personnel/Sales
Support
Do the persons who will be working on the project
have the necessary skills to support delivery of
product meeting the quality specifications as outlined
in this RFP? Are sufficient people of the requisite
skills assigned to the project?
1.0 Availability What is the Lead Time required to deliver the product
After Receipt of Order (ARO)?
1.0 Sustainability
What assurances does the Vendor provide that the
apparel is manufactured using Sweatshop-Free
Labor? Can the apparel be wet-laundered? What is
the estimated lifespan of the proposed garment?
2.0 Cost Does the proposed cost compare favorably with the
Project Manager's estimate?
2.0 Firm Capability Has the firm done previous projects of this type and
scope?
RFP 7590 Transfort Uniform Direct Purchase Program Page 12 of 31
Reference Evaluation (Top Ranked Firm)
The Project Manager will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall
Performance
Would you hire this Professional again? Did they show the skills
required by this project?
Timetable
Was the original Scope of Work completed within the specified time?
Were interim deadlines met in a timely manner?
Completeness Was the Professional responsive to client needs; did the Professional
anticipate problems? Were problems solved quickly and effectively?
Budget Was the original Scope of Work completed within the project budget?
Job Knowledge If a study, did it meet the Scope of Work?
RFP 7590 Transfort Uniform Direct Purchase Program Page 13 of 31
VII. FEDERAL TRANSIT ADMINISTRATION CONTRACT TERMS & CONDITIONS
Federally Required and Other Model Contract Clauses
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
RFP 7590 Transfort Uniform Direct Purchase Program Page 14 of 31
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.
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.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition of
Rolling Stock
Professional
Services
I State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/531
1
None
RFP 7590 Transfort Uniform Direct Purchase Program Page 15 of 31
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)
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.
5. TERMINATION
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.
RFP 7590 Transfort Uniform Direct Purchase Program Page 16 of 31
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 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.
RFP 7590 Transfort Uniform Direct Purchase Program Page 17 of 31
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 Enterprises (DBE) is 10%. The City has an overall DBE goal
of 9.9%.
There is no specific contract goal for this project but the City encourages bids
from DBE firms in this project.
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.
d. 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, it
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.
e. 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 4220.1E, are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any (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)
Background and Applicability
RFP 7590 Transfort Uniform Direct Purchase Program Page 18 of 31
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide
regulation implements Executive Order 12549, Debarment and Suspension, Executive Order
12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-
355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected
to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally
required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in
that the dollar threshold for application of these rules has been lowered from $100,000 to
$25,000. These are contracts and subcontracts referred to in the regulation as “covered
transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract
or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded
Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or
condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include this
requirement in their own subsequent covered transactions (i.e., the requirement flows down to
subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method
of verifying that contractors are not excluded or disqualified by certification.
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}. If 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.
RFP 7590 Transfort Uniform Direct Purchase Program Page 19 of 31
10. 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.
11. 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.
12. 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.
13. RECYCLED PRODUCTS
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.
14. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C.
Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with
Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with
Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192
RFP 7590 Transfort Uniform Direct Purchase Program Page 20 of 31
and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with
Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility
guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37.
DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that
buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix
A to 49 CFR Part 37.
15. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available from
the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box
580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
RFP 7590 Transfort Uniform Direct Purchase Program Page 21 of 31
VIII. SAMPLE SERVICES AGREEMENT
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of ( )
page and incorporated herein by this reference. Irrespective of references in Exhibit
A to certain named third parties, Professional shall be solely responsible for performance
of all duties hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B",
consisting of ( ) page , and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of
the essence. Any extensions of the time limit set forth above must be agreed upon in a
writing signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
RFP 7590 Transfort Uniform Direct Purchase Program Page 22 of 31
the City, the Agreement may be extended for an additional period of one (1) year at the
rates provided with written notice to the Professional mailed no later than ninety (90) days
prior to contract end.
5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall
continue in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed ( ) 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 ninety (90) days prior to contract end.
6. 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 City of such condition within fifteen (15) days
from the onset of such condition.
7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
City of Fort Collins
Attn: Purchasing Dept.
RFP 7590 Transfort Uniform Direct Purchase Program Page 23 of 31
PO Box 580
Fort Collins, CO 80522
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, ($ ) as per the
attached Exhibit " ", consisting of page , and incorporated herein by this
reference.
9. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
10. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
RFP 7590 Transfort Uniform Direct Purchase Program Page 24 of 31
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
RFP 7590 Transfort Uniform Direct Purchase Program Page 25 of 31
15. 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.
16. 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.
17. 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.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of one (1) page, attached hereto and incorporated herein by
this reference. The Service Provider before commencing services hereunder, shall
deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort
RFP 7590 Transfort Uniform Direct Purchase Program Page 26 of 31
Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
19. 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.
20. 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.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
RFP 7590 Transfort Uniform Direct Purchase Program Page 27 of 31
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of ( ) pages, attached hereto and incorporated herein by this
reference.
RFP 7590 Transfort Uniform Direct Purchase Program Page 28 of 31
RFP 7590 Transfort Uniform Direct Purchase Program Page 29 of 31
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
RFP 7590 Transfort Uniform Direct Purchase Program Page 30 of 31
EXHIBIT
INSURANCE REQUIREMENTS
1. 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
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
RFP 7590 Transfort Uniform Direct Purchase Program Page 31 of 31
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
None unless
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless non-
competitive
award
II Non State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
10 Knit Cap. Colors: Navy, Black. Direct Embroidery of
Transfort Logo 82
11 Baseball Cap, solid, adjustable.
Colors: Navy, Black.
Direct Embroidery of
Transfort Logo 82
Total Cost for Initial Order: 1230 pieces