HomeMy WebLinkAboutRFP - 8807 TRANSFORT UNIFORM DIRECT PURCHASE PROGRAMRFP 8807 Transfort Uniform Direct Purchase Program Page 1 of 40
REQUEST FOR PROPOSAL
8807 Transfort Uniform Direct Purchase Program
The City of Fort Collins is requesting proposals from qualified Vendors to provide the Uniform
Direct Purchase Program, including ancillary services, for the City’s Transfort Division.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy
proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be
received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort
Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on
October 18, 2018 and referenced as Proposal No. 8807. 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. Please note, additional time is required for bids mailed to the
PO Box to be received at the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
All questions should be submitted, preferably in writing via email, to Beth Diven, Buyer at
(970) 221-6216 or bdiven@fcgov.com, with a copy to Project Manager, Kaley Zeisel at
kzeisel@fcgov.com, no later than 5:00 PM MST (our clock) on October 9, 2018. Please
format your e-mail to include: RFP 8807 Transfort Uniform Direct Purchase Program in the subject
line. Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by Bidnet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
200-16 Coats, Jackets, Parkas, Vests (Cold Weather)
200-44 Pants, slacks, Trousers, Shorts, Jeans, etc.
200-70 Shirts, Dress and Casual
200-85 Uniforms, Blended Fabric
200-86 Uniforms, Cotton
200-87 Uniforms, Synthetic Fabric
200-88 Uniforms, Wool and Woolen Blends
201-30 Caps, All types
201-37 Emblems, Braids and Patches (for Caps and Uniforms)
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 8807 Transfort Uniform Direct Purchase Program Page 2 of 40
Public Viewing Copy: 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. All provisions of any contract resulting from this
request for proposal will be public information. Firms are allowed to submit one (1)
additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, the firm will redact all text and/or data that it wishes to be considered confidential and
denote the information as “proprietary” or “confidential”. 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.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s standard Agreement without revision
prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 8807 Transfort Uniform Direct Purchase Program Page 3 of 40
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
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 and
Parking Services. This is a one-year agreement with the option to renew for up to four
additional one-year terms, subject to the annual appropriation of funds.
B. Background
The City of Fort Collins seeks a qualified Vendor to provide Transfort and Parking
Services employees with a local retail or business office outlet for direct fitting and
purchase of their uniform garments. Additionally, the City prefers a Vendor which can
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 Vendor’s staff would be acceptable.
The City prefers a Vendor who can provide items similar to the current uniform inventory;
including similar fabric, cut, color, embroidery and embellishments. The City seeks to
begin implementation as soon as possible upon award, assuring a seamless transition.
Transfort currently employs approximately 140 uniformed employees, broken down by
the following groups:
• 100 bus operators
• 6 road supervisors
• 4 field and training coordinators
• 20 administrative and support staff
• 10 parking enforcement and transit security officers
If employment levels vary 15% or more from this baseline, the Vendor may negotiate
new rates.
II. SCOPE OF WORK
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
specified, as well as mending and alternations of uniform garments as requested by
Transfort personnel. The intent is that the selected Vendor will be ready to outfit any new
employees and begin accepting orders against the employee annual allowance at the
outset of the term of this initial agreement.
B. SALES/SERVICE CENTER: The City requires that the Vendor 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,
RFP 8807 Transfort Uniform Direct Purchase Program Page 4 of 40
storage and/or display of approved garments, catalogs displaying approved garments.
Vendor’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.
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 Vendor. It is highly
desirable to the City that the Vendor draw down on the purchase order using a tracking
system of the Vendor’s choosing. The City will be responsible for providing annual
allowance amounts and identification criteria to the Vendor each year at least two (2)
weeks prior to the opening of the allowance period(s). The City requests the Vendor to
propose a system that can be managed by the Vendor allowing the employee to draw
down on his/her allowance until all funds have been expended within the allowance
expiration date typically December 1 of each year. The Vendor 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 Vendor’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: Vendors 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 Vendor to get their program up and running should they be the awarded
Vendor.
F. ORDERING: The Vendor 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 Vendor’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.
a. Vendor will be required to document each order using an established Order
Documentation process which will include the Employee Name, Order Date,
Items/Sizes ordered, Total Order Cost, and will include both the Transfort
Employee’s and Vendor’s Employee signatures to assure accuracy of order.
Order Documentation to be provided to the Uniform Designee for tracking of
orders.
G. OVERSIZE/UNDERSIZE UNIFORMS: Vendors should be aware that an average of 5%
of City employees requires oversized or undersized uniforms. No additional cost is to be
RFP 8807 Transfort Uniform Direct Purchase Program Page 5 of 40
charged for oversized or undersized garments. Also, the Vendor is required to provide
female-size apparel at no additional cost. Vendor 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: Vendor 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 Vendor must be in like-new condition.
I. ALTERATIONS: Alterations are to be a service provided by the Vendor. If a garment
requires alteration, Vendor has seven (7) calendar days to return or replace garment
from the date of being informed of the request by authorized City personnel.
a. Vendor may elect to subcontract out the alteration work to a third-party provider.
The City is fine with this approach as long as Vendor 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.
J. PROFESSIONAL APPEARANCE: The City requires a professional appearance for City
employees. All uniform garments must be new.
K. MEASUREMENT, FITTING AND INVENTORY: Transfort requests that the Vendor
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 Vendor’s established sales
and service center. Vendor shall negotiate schedule for these events with the City
Contract Manager. Transfort requests that the Vendor 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: Vendor 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 Vendor for embroidery. Vendor 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. Vendor may elect to subcontract out the embroidery work to a third-party
provider. The City is fine with this approach as long as Vendor 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. Blanket Purchase Order Number
b. Employee Identifier
c. Item Number (derived from the catalog of approved garments)
d. Order Date
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e. Itemized Charges
Vendors 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 Vendor create custom invoices that will meet the City’s needs, if
deemed necessary.
N. NON-PERFORMANCE AND LIQUIDATED DAMAGES. Vendor acknowledges that City
employees require appropriate apparel during their work and that fulfillment delays and
billing inconsistencies represent a hardship to the City. Because it’s difficult to
determine the actual loss suffered by the City resulting from such delays, the parties
hereto agree to the following as liquidated damages.
# Description Liquidated Damage,
per occurrence
A Incorrect Invoicing $50.00
B Incorrect Orders (ordering incorrect size, garment, color, or incorrect
embellishments) $25.00
C Failure to notify employees, and “CC” uniform designee, of order completion
via email $25.00
D Failure to complete, and/or submit, Order Documentation $25.00
Failure to complete garments within 14 days of the order date* listed on the
receipt will result in the following charges per item not completed:
E Completion 15 – 21 days post order date $20.00
F Completion 22 – 28 days post order date $30.00
G Completion 29 – 35 days post order date $40.00
H Completion 35 + days post order date $50.00
* The City recognizes that there are instances where items are backordered or
delayed by suppliers. In these instances, and if the Vendor can show documentation
that the item was ordered in a reasonable timeframe which would otherwise have
resulted in on-time completion of the garment, the Liquidated Damage will be
waived.
O. 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 Vendor 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.
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P. 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
the awarded Vendor with a desire to participate in any resulting awards as a potential
cooperative user.
Q. SITE AUDITS: The City may request, at their option, a Site Audit prior to making award.
It is the City’s intent that the Vendor have on site several physical samples of each
garment to be provided by the Vendor for evaluation. The samples should be
representative of the various size and gender options available. Also, the City will
reserve the right to do periodic Site Audits of the awarded Vendor.
R. CUSTOMER SATISFACTION SURVEY AND FOLLOW-UP CORRECTIVE ACTION
MECHANISM: Vendors shall include a sample of any Customer Satisfaction Surveys
they currently provide for other existing customers and show how their follow-up
corrective action mechanism works for any issues identified in the course of these
Surveys.
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: Vendors 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 PROCESS OVERVIEW
A. Anticipated Schedule
The following represents the City’s the target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: September 26, 2018
• Question deadline: 5:00 PM MST on October 9, 2018
• Proposal due date: 3:00 MST (our clock) on October 18, 2018
• Interviews (tentative): Week of November 5, 2018
• Award of Contract (tentative): End of November 2018
RFP 8807 Transfort Uniform Direct Purchase Program Page 8 of 40
• Contract Start Date: January 1, 2019
B. Interviews
In addition to submitting a written proposal, the top-rated Vendors may be interviewed by
the City of Fort Collins and asked to do an oral presentation about their company and
approach to the project. The evaluation criteria for the oral interviews will be the same as
the criteria for the written evaluations and is included in Section IV.
C. Proposal Format
Please limit the total length of your proposal to a maximum of twenty-five (25) double sided
or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers
and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited
to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count
as a single page. Please, no embedded documents. Proposals that do not conform to
these requirements may be rejected.
D. Fees, Licenses, Permits
The successful Vendor shall be responsible for obtaining any necessary licenses, fees or
permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits and be placarded as required by law.
E. Laws and Regulations
The Vendor agrees to comply fully with all applicable State of Colorado and Federal laws
and regulations and municipal ordinances. The Vendor further agrees to comply fully with
the Occupational Safety and Health Act, all regulations issued there under and all state
laws and regulations enacted and adopted pursuant thereto.
IV. PROPOSAL SUBMITTAL
For this section, Vendors are required to provide detailed written responses to the following
items in the order outlined below. The responses shall be considered technical offers of what
Vendors propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Vendors
include each of the City’s questions with their response immediately following the question.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
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.
A. Minimum Submittal Requirements
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 –
RFP 8807 Transfort Uniform Direct Purchase Program Page 9 of 40
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 Vendor to suggest the garment and 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. Vendors 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 Annual Allowance System required by
the City.
v. Provide your proposed transition plan, including critical milestones, to ensure a
seamless transition in outfitting new and existing employees.
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)
RFP 8807 Transfort Uniform Direct Purchase Program Page 10 of 40
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?
ii. Submit garment care instructions for each proposed item.
iii. Submit estimated lifespan for each garment proposed, given normal wearing
conditions.
B. Additional Information
Provide any information that distinguishes Vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing Vendor’s proposal.
Explain any concerns Vendor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section VIII) shall be documented.
RFP 8807 Transfort Uniform Direct Purchase Program Page 11 of 40
V. PRICING SCHEDULE – PURCHASE PROGRAM ITEMS; INITIAL ORDER
ITEM
# CURRENT INVENTORY ITEM DESCRIPTION (APPROVED EQUAL)
SEWING
REQUIREMENTS
PER UNIT
PURCHASE PRICE
1
• Port & Company Crewneck
Sweater
• Color: Grey
• Item: PC90
• Crewneck style sweater,
Cotton/Polyester Blend, pill
resistant finish.
• Unisex sizes acceptable.
• Color: Grey
Direct
Embroidery of
Transfort Logo
2
• Port Authority Colorblock 3
in 1 Jacket
• Color: Black
• Item: J322, L322
• 100% polyester shell (Water
repellent or water-resistant
material). Polyfill in body and
sleeves, front zippered pockets,
zip off hood with drawcord, two-
way zipper, liner jacket has fleece
liner.
• Available in men’s and women’s
sizes.
• Color: Black.
Direct
Embroidery of
Transfort Logo
on inner and
outer jacket
3
• Port Authority Piquet
Fleece
• Color: Navy
• Item: F222, L222
• Mid-Layer Jacket. 100% polyester
piquet fleece, front zippered
pockets, polyester/spandex blend
binding on collar and cuffs.
• Available in men’s and women’s
sizes.
• Color: Navy or Black
Direct
Embroidery of
Transfort Logo
4
• ¼ Zip Job Shirt
• Color: Black
• Item: Propper F5484
RFP 8807 Transfort Uniform Direct Purchase Program Page 12 of 40
ITEM
# CURRENT INVENTORY ITEM DESCRIPTION (APPROVED EQUAL)
SEWING
REQUIREMENTS
PER UNIT
PURCHASE PRICE
7
• Ogio Endurance
Windbreaker
• Color: Pace Yellow
• Item: OE710, LOE710
• 100% polyester shell with inner
knit collar, 600 MM fabric
waterproof rating, full-zip front,
mesh vents at shoulders.
• Available in men’s and women’s
sizes.
• Color: High Visibility Yellow
Direct
Embroidery of
Transfort Logo,
reflective
applique
8
• Cornerstone ANSI 107
Class 3 Safety
Windbreaker
• Color: Safety Yellow
• Item: CSJ25
• ANSI/ISEA Class 3 certified, water
resistant 100% PU shell, 100%
polyester backing, 8000 MM fabric
waterproof rating, detachable
hood with drawcord, full-zip front,
reflective taping
• Unisex and/or Men’s only sizes
acceptable
• Color: High Visibility Yellow
Direct
Embroidery of
Transfort Logo,
reflective
applique
9
• Carhartt Sherwood Class 3
Winter Coat
• Color: Brite Lime
• Item: Carhartt 100787
• 100% polyester shell with durable
water repellent finish, polyester
lining, meets ANSI class 3, level 2
visibility standard.
• Unisex and/or Men’s only sizes
acceptable
• Color: High Visibility Yellow
Direct
Embroidery of
Transfort Logo,
10
RFP 8807 Transfort Uniform Direct Purchase Program Page 13 of 40
ITEM
# CURRENT INVENTORY ITEM DESCRIPTION (APPROVED EQUAL)
SEWING
REQUIREMENTS
PER UNIT
PURCHASE PRICE
12
• Cornerstone Tactical Polo
Shirt
• Colors: Grey, Black, White,
Navy Blue,
• Item: CS410, CS411,
CS410LS, CS411LS
• Cotton/Polyester blend, flat knit
collar, 2 or 3 button placket with
dyed to match buttons, mic clips at
center placket and shoulders, dual
pen pockets on left sleeve, side
vents. Prefer available in long and
short sleeve.
• Available in Men’s and Women’s
sizes.
• Colors: Grey, Black, White, Navy
Blue
Direct
Embroidery of
Transfort Logo
Some groups
may require
reflective
striping
13
• Port Authority Short/Long
Sleeve Button Up Easy
Care
• Color: Grey
• Item: S508, L508, S608,
L608
• Button Up Oxford Shirt, button-
down collar, breast pocket. Prefer
availability in long and short
sleeve.
• Available in Men’s and Women’s
sizes.
• Colors: Grey
Direct
Embroidery of
Transfort Logo
14
• Propper Short/Long Sleeve
Button Up Tactical Shirt
• Color: Black and Khaki
• Item: Propper F5311,
F5312, F5304, F5305
• Polyester/Cotton blend, ripstop
fabric; fade, shrink and wrinkle
resistant; two chest pockets,
prefer availability in long and short
sleeve.
RFP 8807 Transfort Uniform Direct Purchase Program Page 14 of 40
ITEM
# CURRENT INVENTORY ITEM DESCRIPTION (APPROVED EQUAL)
SEWING
REQUIREMENTS
PER UNIT
PURCHASE PRICE
18
• 2-3 Shorts options, wrinkle-
resistant finish.
• Prefer availability in Men’s and
Women’s Sizes or provide several
options in Men’s-only and
Women’s only styles.
• Colors: Black, Khaki.
Some groups
may require
reflective
striping
19 • Base Layer - Pant
20 • Base Layer - Shirt
21 • Knit Cap. Colors: Grey or Black.
Direct
Embroidery of
Transfort Logo
22
• Baseball Cap. Provide several
options including mesh and solid
fabrics as well as fitted or
adjustable.
• Colors: Black.
Direct
Embroidery of
Transfort Logo
23
• Messenger Bag: Provide 1-2
options of messenger and/or sling
style bags, must have inner
dimensions large enough to hold a
laptop, adjustable shoulder strap,
approximately 1500 cubic inches
Direct
Embroidery of
Transfort Logo
24
• Flap lunch cooler with handle,
front flap with hook and loop
closure, side pocket approximately
500 cubic inches
Direct
Embroidery of
Transfort Logo
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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
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 ____.
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MENDING: (Must Check One)
Are mending 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 ____.
Please provide a description of any mending services available at your place of business and
associated cost:
Description Price, each
1 – Replacing Zippers
2 – Replacing Buttons
3 – Replacing Snaps
4 – Mending stitching/hems
Total
Total divided by 4 = Average Cost of Mending Services
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VI. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Vendors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Vendors may be conducted.
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 address all elements of the RFP? Does
the proposal show an understanding of the project
objectives, methodology to be used and results/outcomes
required by the project? Are there any exceptions to the
specifications, Scope of Work, or agreement?
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
Does the firm have the resources, financial strength,
capacity and support capabilities required to successfully
complete the project on-time and in-budget? Has the firm
successfully completed previous projects of this type and
scope?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
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B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the Vendor
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?
If Vendor administered a construction contract, was the project
functional upon completion and did it operate properly? Were
problems corrected quickly and effectively?
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VII. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed 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.
f. Vendor acknowledge receipt of addenda.
Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VIII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
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(s) and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider 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 ,
consisting of ( ) page(s), 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. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , 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. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) days prior to
contract end.
5. 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.
6. 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
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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:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
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.
7. 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(s), and incorporated herein by this reference.
8. 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.
9. 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.
10. 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 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.
11. 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
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responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Indemnity/Insurance.
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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
Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a
certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
18. 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.
19. 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.
20. 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.
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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.
21. 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 one
(1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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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 reduce coverage or limits
and will not be cancelled, except after thirty (30) 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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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.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 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
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Access to Records - The following access to records requirements apply to this Contract:
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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. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the 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. By
definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
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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) None
Those imposed
on state pass
thru to
Contractor
None None None None
b. Contracts above
$100,000/Capital Projects
None unless1
non-competitive
award
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5311
None unless
non-competitive
award
None unless
non-competitive
award
None unless
non-competitive
award
II Non State Grantees
a. Contracts below SAT
($100,000) Yes
3 Those imposed
on state pass
thru to
Contractor
Yes Yes Yes Yes
b. Contracts above
$100,000/Capital Projects Yes
3 Yes Yes Yes Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
3 18 CFR 18.36 (i)
4. FEDERAL CHANGES
(49 CFR Part 18)
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
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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.
6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
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.
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7. ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
8. TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
a. Termination for Convenience (General Provision) The (Recipient) 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 (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
c. Opportunity to Cure (General Provision) The (Recipient) 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 (Recipient)'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 (Recipient) setting forth the nature of said breach or
default, (Recipient) 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 (Recipient) 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 (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies
or to perform the services within the time specified in this contract or any extension or if
the Contractor fails to comply with any other provisions of this contract, the (Recipient)
may terminate this contract for default. The (Recipient) shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The
Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner or performance set forth in this
contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the Recipient.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
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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 City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, 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. BUY AMERICA REQUIREMENTS
(49 U.S.C. 5323(j) 49 CFR Part 661)
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts, but does not specify the language to be used. The
following language has been developed by FTA.
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.
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. This requirement does not apply to lower tier
subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date ___________________________________________________________________
Signature ________________________________________________________________
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Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it 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 C.F.R. 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
11. BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1E)
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor and
the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person
or property because of any act or omission of the party or of any of his employees, agents
or others for whose acts he is legally liable, a claim for damages therefor shall be made in
writing to such other party within a reasonable time after the first observance of such injury
of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
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failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
12. LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section
7, which provides that contractors file the certification required by 49 CFR Part 20,
Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
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.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
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amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 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
13. CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et
seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(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.
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14. CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(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.
15. CARGO PREFERENCE REQUIREMENTS
(46 U.S.C. 1241 , 46 CFR Part 381)
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use
privately owned United States-Flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or commodities pursuant to the
underlying contract to the extent such vessels are available at fair and reasonable rates for
United States-Flag commercial vessels; b. to furnish within 20 working days following the
date of loading for shipments originating within the United States or within 30 working days
following the date of leading for shipments originating outside the United States, a legible
copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FTA
recipient (through the contractor in the case of a subcontractor's bill-of-lading.) 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.
16. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
of DBE subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
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 2%.
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 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)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
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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,
the contractor may not hold retainage from its subcontractors and is required to return
any retainage payments to those subcontractors within 30 days after the subcontractor's
work related to this contract is satisfactorily completed.
e. The contractor must promptly notify the 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 the City of Fort Collins.
17. RECYCLED PRODUCTS
(42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873)
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C.
6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of 40 CFR Part 247.
18. 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 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.
19. 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.
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. CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132,
49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Civil Rights - The following requirements apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
• Available in Men’s and Women’s
sizes.
• Colors: Black and Khaki
Direct
Embroidery of
Transfort Logo
15
• Propper I.C.E Short Sleeve
Polo
• Color: Hi-Viz Yellow
• Item: Propper F5341,
F5327
• Polyester blend, moisture wicking
fabric, mic clip on shoulder,
mic/sunglasses clip preferred,
prefer availability in long and short
sleeve.
• Prefer availability in Men’s and
Women’s sizes.
• Color: High Visibility Yellow
Direct
Embroidery of
Transfort Logo
Some groups
may require
reflective
striping
16
• Rapid PDU
• Color: Black
• Item: 5.11 Tactical 71332
• Polyester/Cotton twill upper,
cotton/polyester/spandex
performance lower, epaulettes,
moisture wicking
Direct
Embroidery of
Transfort Logo
17
• 2-3 Pant options, wrinkle-resistant
finish.
• Prefer availability in Men’s and
Women’s Sizes or provide several
options in Men’s-only and
Women’s only styles.
• Colors: Black, Khaki.
Some groups
may require
reflective
striping
• Sabre Tactical Jacket
• Color: Black
• Item: 5.11 Tactical 48112
• Polyester bonded softshell,
detachable hood, waterproof and
breathable membrane,
handwarmer pockets, wind and
water repellent, hook and loop ID
panels,
• Unisex and/or Men’s only sizes
acceptable
• Color: Black
Direct
Embroidery of
Transfort Logo,
patches
11
• Bristol Parka
• Color: Black
• Item: 511.Tactical 48152
• Durable nylon outer shell, 100%
polyester removable softshell
inner jacket, badge tab, key clip in
front pocket.
• Unisex and/or Men’s only sizes
acceptable
• Color: Black
Direct
Embroidery of
Transfort Logo
on inner and
outer jacket
• Cotton/Polyester blend, stand
collar, duel-depth chest pockets,
mic clips at shoulders.
• Unisex/Men’s only sizes
acceptable.
• Color: Black
Direct
Embroidery of
Transfort Logo
5
• Port Authority Fleece Vest
• Color: Grey
• Item: Port Authority F228,
L228
• Fleece Vest, 100% polyester, full-
zip front, elastic binding at
armholes and hem,
polyester/spandex blend side
panels.
• Available in men’s and women’s
sizes.
• Color: Grey
Direct
Embroidery of
Transfort Logo
6
• Tactical Fleece
• Color: Black
• Item: 5.11 Tactical 48038
• All weather tactical fleece,
reinforcements at collar, shoulders
and elbows, dual interior pockets,
side zippers and snaps,
handwarmer pockets
• Unisex/Men’s only sizes
acceptable.
• Color: Black
Direct
Embroidery of
Transfort Logo,
patches