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Home My WebLink AboutRFP - 8807 TRANSFORT UNIFORM DIRECT PURCHASE PROGRAM (2)RFP 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 RFP 8807 Transfort Uniform Direct Purchase Program Page 6 of 40 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. RFP 8807 Transfort Uniform Direct Purchase Program Page 7 of 40 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 RFP 8807 Transfort Uniform Direct Purchase Program Page 15 of 40 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 ____. RFP 8807 Transfort Uniform Direct Purchase Program Page 16 of 40 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 RFP 8807 Transfort Uniform Direct Purchase Program Page 17 of 40 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.” RFP 8807 Transfort Uniform Direct Purchase Program Page 18 of 40 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? RFP 8807 Transfort Uniform Direct Purchase Program Page 19 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 20 of 40 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 Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 21 of 40 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 Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 22 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 23 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 24 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 25 of 40 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: Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 26 of 40 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 27 of 40 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 28 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 29 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 30 of 40 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: Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 31 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 32 of 40 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 Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 33 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 34 of 40 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 Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 35 of 40 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 ________________________________________________________________ Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 36 of 40 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 Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 37 of 40 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, Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 38 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 39 of 40 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. Official Purchasing Document Last updated 10/2017 RFP 8807 Transfort Uniform Direct Purchase Program Page 40 of 40 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