HomeMy WebLinkAboutFAX QUOTE - 8718 TRANSFORT BUS SCHEDULE PRINTING (2)RFQ 8718 Transfort Bus Schedule Printing Page 1 of 21
REQUEST FOR QUOTE
8718 TRANSFORT BUS SCHEDULE PRINTING
The City of Fort Collins, on behalf of Transfort the City’s bus service provider, is requesting
quotes from qualified firms to produce the following brochures:
• Transfort Bus Route Schedules
• Transfort All Routes Map & Rider Guide
As part of the City’s commitment to Sustainable Purchasing, quotes submission via
email is preferred. Quotes shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: bdiven@fcgov.com.
Quotes must be received before 3:00 p.m. (our clock), March 28, 2018 and referenced as
Quote No. 8718. 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 quotes mailed to the PO Box to be received at
the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit quotes in
response to all requests for quotes. 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.
Questions should be directed to Beth Diven, Buyer at bdiven@fcgov.com.
A copy of the RFQ may be obtained at www.rockymountainbidsystem.com.
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. Quotes may not be marked ‘Proprietary’ in
their entirety. All provisions of any contract resulting from this request for quote will be public
information.
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.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFQ 8718 Transfort Bus Schedule Printing Page 2 of 21
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 quotes: Any quote deemed to be collusive or a sham quote will be rejected
and reported to authorities as such. Your authorized signature of this quote assures that such
quote is genuine and is not a collusive or sham quote.
The City of Fort Collins reserves the right to reject any and all quotes and to waive any
irregularities or informalities.
RFQ 8718 Transfort Bus Schedule Printing Page 3 of 21
REQUEST FOR QUOTE (RFQ)
Job Name: Transfort Bus Schedules & Transfort All Routes Map & Rider Guide
I. INTRODUCTION
The City of Fort Collins (City), on behalf of Transfort is seeking quotes from qualified
vendors to produce the following brochures:
Transfort Bus Route Schedules
Transfort All Routes Map & Rider Guide
Transfort is the City’s public bus service provider.
II. SPECIFICATIONS
A. Job Name: Transfort Bus Schedules
Quantity: Option 1: 172,000 total, twenty-one (21) different schedules.
Option 2: 73,000 total, twenty-one (21) different schedules.
Option 3: 28,000 total, four (4) different schedules.
(See below for quantities per route).
Size: 17.75 x 7. Folds to finished size of 3 x 7. (See sample of folding instructions,
attached as a separate file)
Page count: 1 sheet, 2 sides.
Stock: 60# and 20# Uncoated Text – white partially recycled content.
Colors: 2/2 (Pantone 7738UP & 281UP).
Bleeds: None.
Coating: None.
Finishing: Print, trim and fold.
Artwork Supplied: Electronic file for each route, twenty-one (21) different schedules.
Proofs: Final Epson proof before printing.
Packaging: Bulk pack in cartons weighing 35-40 lbs. per box or less.
Shipping Tolerances: 0% under – 0% over
Delivery Date: No later than July 31, 2018 but sooner would be preferable. Advise
date electronic files would be needed; the City’s target date for the hand-off is July 16,
2018.
Delivery Address: Colorado State University Transit Center. 1101 Central Ave. Fort
Collins, CO 80521
Samples are attached as separate files.
RFQ 8718 Transfort Bus Schedule Printing Page 4 of 21
Quantities per route:
Option 1 Option 2 Option 3 *Any four
routes
ROUTE AMOUNT ROUTE AMOUNT
ROUTE AMOUNT
A 10,000 A 4,500
A 7,000
B 5,000 B 2,000
B 10,000
C 11,000 C 4,500
C 6,000
D 10,000 D 4,000
D 5,000
E 4,500 E 2,000
TOTAL 28,000
F 3,000 F 1,000
G 6,000 G 3,000
H 8,500 H 4,000
I 8,000 I 3,000
J 7,000 J 3,000
K 6,000 K 2,500
L 5,000 L 2,000
M 8,200 M 3,000
N 8,500 N 3,000
O 8,800 O 3,000
P 5,000 P 2,500
Q 3,000 Q 1,000
R 20,000 R 10,000
S 7,000 S 3,000
T 25,000 T 11,000
U 2,500 U 1,000
TOTAL 172,000 TOTAL 73,000
B. Job Name: Transfort All Routes Map & Rider Guide
Quantity: 20,000.
Size: 22 x 18 (flat).
Bindery: Accordion fold five times to 3.67” wide x 18” tall, then fold in half to finished
size of 3.67” x 9”.
Page Count: 1 sheet, 2 sides.
Stock: 70# Gloss Text – white.
Colors: Prints 4-color process on 2 sides.
Bleeds: Yes.
Coating: None.
Finishing: Print, trim and Fold.
RFQ 8718 Transfort Bus Schedule Printing Page 5 of 21
Artwork Supplied: Electronic file.
Proofs: Final Epson proof before printing.
Packaging: Bulk pack in cartons weighing 35-40 lbs. per box or less.
Shipping Tolerances: 0% under – 0% over.
Delivery Date: No later than July 31, 2018, but sooner would be preferable. Advise
date electronic files would be needed; the City’s target date for the hand-off is July 16,
2018.
Delivery Address: Colorado State University Transit Center. 1101 Central Ave. Fort
Collins, CO 80521.
III. SUBMITTAL REQUIREMENTS
Complete and submit the attached Bid Form, incorporated herein on pages 4-7. Pricing must
include delivery. PLEASE NOTE: Bidders must provide pricing for all three (3) Options on
the Transfort Bus Schedules Jobs as well as for both paper options (60# and 20#) and provide
a quote for the Transfort All Routes Map & Rider Guide Job to be deemed responsive. Failure
to provide any information contained on the Bid Form or omitting any element on the Bid Form
may result in the quote being deemed non-responsive and may not be considered.
IV. AWARD
The City will award to the lowest responsive, responsible bidder and reserves the right to
award the Transfort Bus Schedules and Transfort All Routes Map & Rider Guide separately
depending on bid results. Awarded Bidder(s) must hold firm all pricing for a period of one
year beginning April 1, 2018.
The contracting mechanism between City and Awarded Bidder(s) will be a Purchase Order
issued by the City which will include Federal Transit Administration (FTA) Contract Clauses,
attached as Exhibit A, consisting of eleven (11) pages and incorporated herein. FTA Contract
Clauses must be accepted without exception. A copy of the City’s standard Purchase Order
terms and conditions is attached as Exhibit B, consisting of one (1) page.
RFQ 8718 Transfort Bus Schedule Printing Page 6 of 21
RFQ 8718 BID FORM
(Page 1 of 4)
Delivery (after proof approval): ______________________________________
Confirm items bid meet or exceed the specifications listed on Pages 3-5 without exception:
Yes____ No ____
(If not, please list exceptions on a separate sheet and attach to the Bid Form).
Acceptance of FTA Contract Clauses:
Yes____ No ____
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Quote 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 RFQ. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this quote 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 RFQ.
c. This quote is a firm and binding offer. Vendor commits that if awarded, the proposed
prices will hold firm for a period of one (1) year beginning April 1, 2018.
d. Vendor further agrees that the method of award is acceptable.
Firm Name:
Physical Address:
Remit to Address:
Phone:
Authorized Agent of Firm Name:
Signature of Authorized Agent:
Primary Contact for Project:
Phone: Email Address:
RFQ 8718 Transfort Bus Schedule Printing Page 7 of 21
RFQ 8718 BID FORM
(Page 2 of 4)
JOB NAME TRANSFORT BUS SCHEDULES OPTION #1 172,000 total
DESCRIPTION QUANTITY PRICE EACH TOTAL PRICE
60# 20# 60# 20#
Route A 10,000
Route B 5,000
Route C 11,000
Route D 10,000
Route E 4,500
Route F 3,000
Route G 6,000
Route H 8,500
Route I 8,000
Route J 7,000
Route K 6,000
Route L 5,000
Route M 8,200
Route N 8,500
Route O 8,800
Route P 5,000
Route Q 3,000
Route R 20,000
Route S 7,000
Route T 25,000
Route U 2,500
TOTAL QUANTITY COST OF 60# (INCLUDING DELIVERY) $
TOTAL QUANTITY COST OF 20# (INCLUDING DELIVERY) $
RFQ 8718 Transfort Bus Schedule Printing Page 8 of 21
RFQ 8718 BID FORM
(Page 3 of 4)
JOB NAME TRANSFORT BUS SCHEDULES OPTION #2 73,000 total
DESCRIPTION QUANTITY PRICE EACH TOTAL PRICE
60# 20# 60# 20#
Route A 4,500
Route B 2,000
Route C 4,500
Route D 4,000
Route E 2,000
Route F 1,000
Route G 3,000
Route H 4,000
Route I 3,000
Route J 3,000
Route K 2,500
Route L 2,000
Route M 3,000
Route N 3,000
Route O 3,000
Route P 2,500
Route Q 1,000
Route R 10,000
Route S 3,000
Route T 11,000
Route U 1,000
TOTAL QUANTITY COST OF 60# (INCLUDING DELIVERY) $
TOTAL QUANTITY COST OF 20# (INCLUDING DELIVERY) $
RFQ 8718 Transfort Bus Schedule Printing Page 9 of 21
RFQ 8718 BID FORM
(Page 4 of 4)
JOB NAME TRANSFORT BUS SCHEDULES OPTION #3 28,000 total
DESCRIPTION QUANTITY PRICE EACH TOTAL PRICE
60# 20# 60# 20#
Route A 7,000
Route B 10,000
Route C 6,000
Route D 5,000
TOTAL QUANTITY COST OF 60# (INCLUDING DELIVERY) $
TOTAL QUANTITY COST OF 20# (INCLUDING DELIVERY) $
JOB NAME TRANSFORT ALL ROUTES MAP & RIDER GUIDE
QUANTITY PRICE EACH TOTAL PRICE
5,000
TOTAL QUANTITY COST (INCLUDING DELIVERY) $
RFQ 8718 Transfort Bus Schedule Printing Page 10 of 21
EXHIBIT A
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this
concept should flow down to all levels to clarify, to all parties to the contract, that the Federal
Government does not have contractual liability to third parties, absent specific written
consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
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)
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or
submit covered claims and statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
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
RFQ 8718 Transfort Bus Schedule Printing Page 11 of 21
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)
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced, but the
language provided paraphrases the statutory or regulatory language.
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2. 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
RFQ 8718 Transfort Bus Schedule Printing Page 12 of 21
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.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
of Rolling
Stock
Professional
Services
I State Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
None
None
unless1 non-
competitive
award
Those imposed
on state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/53
11
None
RFQ 8718 Transfort Bus Schedule Printing Page 13 of 21
4. FEDERAL CHANGES
(49 CFR Part 18)
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
5. 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.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix
A, but FTA has shortened the lengthy text.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply
with applicable Federal implementing regulations and other implementing requirements
FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
RFQ 8718 Transfort Bus Schedule Printing Page 14 of 21
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)
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
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.
RFQ 8718 Transfort Bus Schedule Printing Page 15 of 21
7. ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their
contracts at every tier and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements are so dependent on the state energy conservation plan. The following
language has been developed by FTA:
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)
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of
higher education,) in excess of $10,000 shall contain suitable provisions for termination by
the grantee including the manner by which it will be effected and the basis for settlement.
(For contracts with nonprofit organizations and institutions of higher education the threshold
is $100,000.) In addition, such contracts shall describe conditions under which the contract
may be terminated for default as well as conditions where the contract may be terminated
because of circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the
exception of contracts with nonprofit organizations and institutions of higher learning.
Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are suggestions
of clauses to be used in different types of contracts:
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.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
RFQ 8718 Transfort Bus Schedule Printing Page 16 of 21
(Recipient) may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (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.
e. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
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.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery 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
RFQ 8718 Transfort Bus Schedule Printing Page 17 of 21
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
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).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within
this time, 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. In this event, the Recipient may take over the work and compete it by contract
or otherwise, and may take possession of and use any materials, appliances, and plant
on the work site necessary for completing the work. The Contractor and its sureties
shall be liable for any damage to the Recipient resulting from the Contractor's refusal or
failure to complete the work within specified time, whether or not the Contractor's right
to proceed with the work is terminated. This liability includes any increased costs
incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
causes include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient),
the delay is excusable, the time for completing the work shall be extended. The
judgment of the (Recipient) shall be final and conclusive on the parties, but subject
to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and obligations
of the parties will be the same as if the termination had been issued for the convenience
of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract obligations.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature, extent, and effective date of the termination. Upon receipt of the
notice, the Contractor shall (1) immediately discontinue all services affected (unless the
RFQ 8718 Transfort Bus Schedule Printing Page 18 of 21
notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings,
specifications, reports, estimates, summaries, and other information and materials
accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
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.
j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the notice
shall state the manner in which the contractor has failed to perform the requirements of
the contract. The Contractor shall account for any property in its possession paid for
from funds received from the (Recipient), or property supplied to the Contractor by the
(Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract
provides for a fee, to be paid the contractor in proportion to the value, if any, of work
performed up to the time of termination. The Contractor shall promptly submit its
termination claim to the (Recipient) and the parties shall negotiate the termination
settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events
which are not the fault of and are beyond the control of the contractor, the (Recipient),
after setting up a new work schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
9. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
Background and Applicability
The newest version on the Department of Transportation’s Disadvantaged Business
Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to
grantees on the use of overall and contract goals, requirement to include DBE provisions in
subcontracts, evaluating DBE participation where specific contract goals have been set,
reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE
program dictates payment terms and conditions (including limitations on retainage)
applicable to all subcontractors regardless of whether they are DBE firms or not.
RFQ 8718 Transfort Bus Schedule Printing Page 19 of 21
The DBE program applies to all DOT-assisted contracting activities. A formal clause such
as that below must be included in all contracts above the micro-purchase level. The
requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns
retainage (see section 26.29). Grantee choices concerning retainage should be reflected
in the language choices in clause subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment
terms and conditions applicable to all subcontractors based in Part 26 as well as those
related only to DBE subcontractors. The suggested language allows for the options
available to grantees concerning retainage, specific contract goals, and evaluation 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 5 %.
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. Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for in
49 CFR 26.53. Award of this contract is conditioned on submission of the following
concurrent with and accompanying sealed bid:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders must present the information required above as a matter of responsiveness (see
49 CFR 26.53(3)).
{If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained through
race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
the contractor may not hold retainage from its subcontractors and is required to return
RFQ 8718 Transfort Bus Schedule Printing Page 20 of 21
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.
10. 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.
11. 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.
RFQ 8718 Transfort Bus Schedule Printing Page 21 of 21
EXHIBIT B
None unless
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
II Non State
Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
Yes3
Yes3
Those imposed
on non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
3 18 CFR 18.36 (i)