HomeMy WebLinkAboutRFP - 9206 ZERO EMISSIONS BUS TRANSITION PLAN FOR TRANSFORTRFP 9206 Zero Emissions Bus Transition Plan for Transfort Page 1 of 45
REQUEST FOR PROPOSAL
9206 ZERO EMISSIONS BUS TRANSITION PLAN FOR TRANSFORT
The City of Fort Collins is requesting proposals from qualified Vendors to create a Zero
Emissions Bus (ZEB) Transition Plan. Transfort has set an internal goal to convert its fleet to
ZEBs by 2040 to align with the City’s CAP plan objective to be carbon neutral by 2050. The
study will develop a recommended ZEB mode and provide a Fleet Electrification Plan for fixed-
route revenue fleet conversion by 2040 (with associated infrastructure and operating plan). The
study findings will support this plan by identifying a comprehensive and sustainable plan for
Transfort which meets the goals of the City’s CAP.
Proposals should be submitted online through the Rocky Mountain E-Purchasing System
(RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins no later than 3:00
PM MT (RMPES clock) on November 6, 2020. Note: please ensure adequate time to submit
proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time
will not be accepted by the system.
All questions should be submitted, in writing via email, to Beth Diven, Buyer at
bdiven@fcgov.com, no later than 5:00 PM MST (our clock) on October 23, 2020. Please
format your e-mail to include: RFP 9206 Zero Emissions Bus Transition Plan for Transfort 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):
918-10 Air Pollution Consulting
918-12 Analytical/Predictive Studies and Surveys (Consulting)
918-41 Energy Conservation Consulting
918-43 Environmental Consulting
918-96 Transportation Consulting
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
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 9206 Zero Emissions Bus Transition Plan for Transfort Page 2 of 45
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party vendors and their subcontractors at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
Vendor Registration: The City requires new Vendors receiving awards from the City to fill out
and submit an IRS form W-9 or W-8BEN/W8-BEN-E(international firms) and requires all
Vendors to accept 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; however, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The
City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole
discretion.
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
RFP 9206 Zero Emissions Bus Transition Plan for Transfort Page 3 of 45
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.
Federal Funds. The services to be awarded under this RFP will be funded in part by the
Federal Transportation Administration (FTA). The selected Vendor shall be required to sign the
City’s Services Agreement to include applicable Federal Terms and Conditions prior to
commencing Services (see sample attached to this RFP).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9206 Zero Emissions Bus Transition Plan for Transfort Page 4 of 45
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Vendors to create a Zero
Emissions Bus (ZEB) Transition Plan. Transfort has set an internal goal to convert its fleet
to ZEBs by 2040 to align with the City’s CAP plan objective to be carbon neutral by 2050.
The study will develop a recommended ZEB mode and provide a Fleet Electrification Plan
for fixed-route revenue fleet conversion by 2040 (with associated infrastructure and
operating plan). The study findings will support this plan by identifying a comprehensive
and sustainable plan for Transfort which meets the goals of the City’s CAP.
The analysis will consider the operational and financial impacts of a full fleet conversion;
examine the difference in the capital and operating costs of new battery-electric or
hydrogen fuel cell bus technology versus a compressed natural gas (CNG), the capital
cost of associated ZEB infrastructure, the capital cost of rehabilitation or purchase of
interim non-ZEB vehicles and infrastructure, and the overall operating cost impacts.
Operating cost impacts should consider an exhaustive list of affected items including labor,
fuel and maintenance costs and the impacts on revenue streams and farebox recovery
ratio. Of special significance is the need for a rigorous analysis of fleet
scheduling/operations with the various range limitations of ZEB buses. Additionally, the
financial analysis will consider lifetime/lifecycle costs, payback periods, net present values
(NPV), and time sensitivity.
The overall goal of the project is to provide Transfort with a Zero Emission Bus Rollout
Plan. Goals of the analysis are four-fold: (1) determine the most capital cost- effective
approach to a 100% bus fleet with zero emission propulsion; (2) determine capital
improvements required to achieve the 100% ZEB fleet and operation; (3) provide a
financing and purchasing strategy that allows Transfort to sustainably meet internal ZEB
deadlines; and (4) develop a comprehensive understanding – positives and negatives – of
how compliance with this the CAP objectives will impact Transfort in the future, and how
federal legislation may impact the plan.
The objectives of this study are:
• Evaluate the existing fleet by determining the existing quantity and age of buses as
well as the vehicles’ work and route requirements (duty cycles), including dwell time
and location, that will need to transition to a ZEB fleet (based on current fleet size
with a 10-percent factor for growth);
• Evaluate existing infrastructure by determining whether the existing infrastructure can
support Battery Electric Buses (BEBs) or Hydrogen Fuel Cell Buses (HFCBs) and
identify infrastructure improvements needed to retain existing operating parameters,
schedules, and range during the transition to a full ZEB fleet.
• Examine whether additional right-of-way may be required to support ZEB
infrastructure.
• Identify and evaluate what battery charging or hydrogen fuel infrastructure will be
required for a future fleet of BEBs, HFCBs or a combination thereof.
• Evaluate current or planned infrastructure projects that can be modified in order to
support Transfort in meeting objectives set by the City’s CAP;
• Identify feasible infrastructure improvements, including infrastructure improvements
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to mitigate pavement damage, develop a realistic implementation plan, estimate the
costs of the improvements, and develop an infrastructure phasing plan that allows for
existing operations while reaching compliance by 2040;Develop a phasing plan for
procurement of ZEB vehicles with consideration of replacement and incremental
needs to reach compliance by 2040 as well as the timing of delivery of required
fueling infrastructure.
• Prepare an operational and financial comparison of the administration, operations,
and maintenance (O&M) needs between ZEBs and current vehicles; and
• Estimate the O&M costs of the overall ZEB operations for the transition scenario.
• Develop electrification recommendations for a potential new maintenance facility.
B. Background
Transfort is a municipal department of the City of Fort Collins (City), located in Northern
Colorado within Larimer County. Transfort’s prime service area covers approximately 54
square miles and mainly operates within the city limits of Fort Collins. However, Transfort
also operates a regional route, FLEX, that extends from Fort Collins south through the
communities of Loveland, Longmont, Berthoud and Boulder. Transfort contracts for all
ADA complementary paratransit service and some supplemental fixed-route service.
As of August 18, 2020, Transfort operates a total of 23 fixed routes, including the regional
FLEX route, one (1) Bus Rapid Transit (BRT) route, one (1) campus circulator route that
operates on the Colorado State University (CSU) campus, and one (1) late night weekend
route which connects downtown Fort Collins with CSU housing areas. Route lengths vary
from less than 3 miles to longer than 96 miles, roundtrip, with block mileage ranging from
32 miles to about 300 miles. Most routes are directly operated by Transfort with two (2)
routes contracted (currently the contract is with zTrip). Transfort’s directly operated fleet
is comprised of 53 transit buses, a mix of 30-, 35-, 40- and 60-foot buses. Transfort
currently leases seven (7) Body-on-Chassis (BOC) vehicles to the contractor who provides
ADA complementary paratransit service and supplemental fixed route service. Four (4) of
these vehicles are used to operate ADA complementary paratransit service and are fueled
with Liquid Propane (LPG). The remaining three (3) vehicles are used to operate the
supplemental fixed route service and are currently diesel-fueled but will be replaced with
LPG vehicles in 2021.
Transfort began converting the fleet to Compressed Natural Gas (CNG) in 2008 and all
but three revenue vehicles are currently fueled by CNG. The remaining three buses are
diesel which Transfort plans to replace with Battery-Electric Buses (BEB) in the next two-
three years. The City has adopted aggressive climate action goals and aims to become
carbon neutral by 2050. To align with these goals, Transfort has begun exploring fleet
electrification and has secured funding for its first eight (8) BEBs.
At this time, Transfort has one maintenance and operational facility (TMF) located at 6750
Portner Road in Fort Collins, this facility contains a CNG fueling station. Transfort is
concurrently planning for the potential addition of a second maintenance facility located in
the northern area of Fort Collins. Vendor will coordinate where applicable with these
concurrent planning efforts to provide recommendations related to fleet electrification.
Transfort’s contractor, zTrip, is currently operating from a privately leased location in Fort
Collins, which has no fueling infrastructure. Transfort typically operates service seven
days per week with standard weekday, Saturday, and Sunday/Major Holiday service
levels. The contractor typically operates six days per week, Monday through Saturday.
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Directly Operated Contractor Operated
Vehicle
Types
Diesel Fuel 3 3
CNG Fuel 50 0
LPG Fuel 0 4
Hours
Monday - Thursday 5:10 am – 12:16 am 6:30 am – 6:30 pm
Friday 5:10 am – 12:16 am 6:30 am – 6:30 pm &
10:30 pm – 2:30 am
Saturday 5:48 am – 12:16 am 10:30 pm – 2:30 am
Sunday 8:00 am – 7:00 pm N/A
Total Routes 21 2
II. SCOPE OF PROPOSAL
A. Scope of Work
The Project will include two major phases with the following deliverables.
1. Technology Analysis and Recommendation
A thorough study of available technologies and their specific potential in relationship
to the Transfort service area and operations shall be conducted. The analysis should
review full well-to-wheel lifecycle greenhouse gas emissions based on local grid
energies and how far it is necessary to move hydrogen or potential to electrolyze on-
site, impacts to service delivery, reliability of technology, available supply of power/
storage sources, facility infrastructure impacts, initial infrastructure and annual
operating cost analysis and performance measures for different technology based on
local conditions including availability of hydrogen fuel cell technologies (both for
purchase and on-site generation) and electric rate structures as well as anticipated
costs over the next 20 years. The Technology Analysis should explore four possible
scenarios:
1.1. Battery Electric Buses with depot-only chargers
1.2. Battery Electric Buses with depot and on-route charges
1.3. Fuel Cell Electric Buses
1.4. Combination of Fuel Cell and Battery Electric Buses
Enough analysis needs to be provided for Transfort to make an informed decision
about which technology to pursue. A detailed report of options shall be provided with
possible facilitation of decision-making with the Transfort Leadership Team and staff.
2. Detailed Analysis and Implementation Plan
Upon determination of appropriate technology, a more detailed analysis will be
RFP 9206 Zero Emissions Bus Transition Plan for Transfort Page 7 of 45
conducted which provides Transfort with specific, actionable implementation items.
The Detailed Analysis and Implementation Plan will:
2.1. For Battery Electric Bus Recommendations:
2.1.1. Identify useable battery capacity versus nameplate capacity and
develop recommendations related to implementing an intelligent
battery management system, including procurement considerations.
2.1.2. Conduct a thorough fixed route route/block analysis. The route/block
analysis will factor in consideration how the following dynamics will
impact energy consumption and battery life in order to determine
charging time throughout the day, length of charging time needed at
each charging interval, where charging will occur and with what type of
capacity, as well as bus and swap out needs, if any, for each individual
route/block:
2.1.2.1. Passenger loads;
2.1.2.2. Road conditions including acceleration, deceleration, and
grades;
2.1.2.3. Run time and headways;
2.1.2.4. Driver behavior;
2.1.2.5. Ambient temperature and seasonal temperature swings;
2.1.2.6. Snow and ice; and
2.1.2.7. HVAC systems loads and other auxiliary equipment.
Finally, the route/block analysis will provide detailed steps and
recommendations for Transfort to follow as it plans and modifies routes
and blocks in relationship to anticipating vehicle range and impacts to
scheduling and service delivery.
2.1.3. Recommend fleet specifications including but not limited to:
2.1.3.1. Range requirements;
2.1.3.2. Standardized plugs in;
2.1.3.3. Open data analytics;
2.1.3.4. Fleet mechanic training;
2.1.3.5. Specialized equipment needs
2.1.3.6. Alternatives to diesel generator heating;
2.1.3.7. Telemetric requirements;
2.1.3.8. Operator displays and information;
2.1.3.9. Unique operator controls such as automated door interlocks,
braking and acceleration controls; and
2.1.3.10. Charging specifications
2.1.4. Identify the best charging infrastructure for each unique site including
the Transfort Maintenance Facility, which includes bus storage, and
three (3) Transit Centers. Vendor should also be prepared to provide
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related recommendations for a future North-Maintenance Facility.
Considerations include:
2.1.4.1. High powered DC charging stations;
2.1.4.2. Inductive charging opportunities;
2.1.4.3. Incorporation of level 2 chargers into the system;
2.1.4.4. Impacts on available space for different types of chargers; and
2.1.4.5. Backup storage of energy and/or redundant charging as
contingency for primary failure.
2.1.5. Analyze the current facility infrastructure plan to ensure it includes
appropriate planning related to:
2.1.5.1. Electric service and panel needs/upgrades;
2.1.5.2. Coordination with other energy ecosystem needs at facilities;
2.1.5.3. Opportunities for solar and other distributed power energy
generation to offset demand for additional energy; and
2.1.5.4. Parking layouts, footprint expansion and requirements for
charging infrastructure as well additional fleet needed to
operate same services.
2.1.6. Create a resiliency plan for power outages that identifies options for
additional on-site generation and or storage, partners or relationships
that could provide alternative charging, and resilience of multiple
charging locations with separate underlying grid implications.
Develop a charging and parking rotation plan that avoids applicable
peak charging hours, minimizes demand charges, and identifies staffing
considerations or technology needs for rotating buses. The plan will
include a financial analysis of the impacts of peak shaving and load
shifting as compared to unmanaged charging and identify rate structure
changes that would make a significant difference in operational costs
that Transfort could work towards in partnership with the local utility.
2.1.7. Develop a full cost analysis that considers rate structures and their
impacts on operational costs, additional rolling stock requirements,
facilities modifications, operation and maintenance costs, and
replacement cycles for vehicles and charging infrastructure, as well
additional staffing needs.
2.1.8. Identify a plan for other fleet including paratransit vans and/or other
vehicles as applicable.
2.2. For Fuel Cell Electric Bus Recommendations:
2.2.1. Recommends fleet specifications including but not limited to:
2.2.1.1. Range requirements;
2.2.1.2. Standardized plugs in;
2.2.1.3. Open data analytics;
2.2.1.4. Fleet mechanic training;
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2.2.1.5. Specialized equipment needs
2.2.1.6. Alternatives to diesel generator heating;
2.2.1.7. Telemetric requirements;
2.2.1.8. Operator displays and information;
2.2.1.9. Unique operator controls such as automated door interlocks,
braking and acceleration controls; and
2.2.1.10. Charging specifications
2.2.2. Recommends hydrogen sources and/or electrolyzing with an eye
towards minimizing greenhouse gas emissions from well-to-wheel and
costs as well as safety and capacity of the organization.
2.2.3. Develop a facility infrastructure plan for the current facility and/or
recommendations for planning considerations for a future North-
Maintenance Facility that includes:
2.2.3.1. Electric service and panel needs/upgrades;
2.2.3.2. Coordination with other energy ecosystem needs at facilities;
2.2.3.3. Site layout impacts and footprint expansion requirements;
2.2.3.4. Parking and fueling implications;
2.2.3.5. Safety considerations; and
2.2.3.6. Zoning requirements as applicable.
2.2.4. Create an energy storage or generation resiliency plan that identifies
options for additional on-site generation and/or storage, mobile
charging units as necessary, partners or relationships that could
provide alternative charging, and resilience of multiple generation and
storage locations.
2.2.5. Develop a full cost analysis that considers hydrogen source/generation
costs, facility infrastructure modifications, operations and maintenance
costs, and replacement cycles for vehicles and hydrogen
infrastructure, security requirements, as well additional staffing and
training needs.
2.2.6. Identify a plan for other fleet including paratransit vans and/or other
vehicles as applicable.
B. Optional Future Services
Dependent on the outcomes of the Technical Analysis and Recommendations and
Detailed Analysis and Implementation Plans outlined above, Transfort may identify
additional services to be performed by the Vendor. These additional services may
include the options outlined below and other similar services in support of the City’s ZEB
planning and implementation.
1. ZEB Request for Proposal (RFP) Support
1.1. RFP Development: Consult with appropriate City personnel, including
Purchasing Department, Fleet Department, Transfort Leadership, Operations,
and other key staff to develop ZEB RFP and related Charging Infrastructure
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RFP to ensure specifications included in RFPs meet both Transfort’s unique
Operating needs and Federal purchasing requirements.
1.2. Technical Evaluation: Assist City RFP evaluation team in completing thorough
technical evaluations of proposals received.
2. Buy America Audits: Complete Buy America Pre- and Post-Award Audits for future
ZEB purchases.
3. ZEB Benefits Assessment and Deployment Validation
3.1. Deployment Validation: Ensure vehicles meet contract specifications before
deployment into initial revenue service. Ensure charging infrastructure meets
charging needs of ZEBs at initial deployment and is performing according to
contract specifications.
3.2. Performance Evaluation: Ensure vehicles and charging infrastructure are
continuing to meet revenue service needs according to contract specifications.
3.3. Benefits Assessment: Evaluate whether implementation of ZEB plan is and will
continue to meet CAP goals. Conduct financial benefits assessment to
evaluation whether implementation of ZEB plan conforms with cost analysis
completed as part of the original contract.
4. Periodic Quality Assurance (QA) Audits and Inspections: Conduct ongoing and
periodic inspections to ensure ZEBs, as well as charging infrastructure, are
continuing to meet contract specifications.
C. Minimum Qualifications
The ideal vendor will have a minimum of 5 years’ experience providing technical
assistance to transit agencies in the deployment of zero-emission vehicles.
Vendor must have a history of successfully performing similar services for public and/or
private agencies.
Vendor’s employee and/or subcontractor team must be comprised of key personnel who
have technical competence in at least the following disciplines: Engineering, Transit
Planning, and Project Management.
D. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: October 13, 2020
• Question deadline: 5:00 PM MST on October 23, 2020
• Proposal due date: 3:00 PM MST (our clock) on November 6, 2020
• Interviews (tentative): Week of November 30, 2020
• Award of Contract (tentative): December 2020
• Project Start: January 2021
E. Interviews
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In addition to submitting a written proposal, the top-rated Vendors may be interviewed by
the RFP assessment team and asked to participate in an oral presentation to provide an
overview of the company, approach to the project and to address questions. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the optional interview phase of the assessment process. The City will receive and score
written proposals. However, instead of traditional in-person interviews for the optional
interview session, the City may opt to use alternate methods including, but not limited to
remote interviews through a platform such as Microsoft Teams or Zoom.
F. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses will be
reimbursable per the current rates found at www.gsa.gov.
G. Subcontractors
Vendors will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Vendor; therefore subcontractors
will be the responsibility of the Vendor.
H. 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.
I. Laws and Regulations
The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
J. Work Orders
The awarded Vendor(s) will be required to sign the City’s Work Order type Professional
Services Agreement, a sample of which is attached as Section VI for reference purposes.
In the event that the City has agreements with multiple Vendors for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Vendors, or assign Work Orders directly to a Vendor at its sole discretion.
Selection for individual Work Orders may be based on, but not limited to, availability,
approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a summary of work. Subsequent supporting documentation pages
may include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those submitted in
the RFP response and subsequently included in the Agreement.
No Work Order over $5,000 will be considered valid until signed, at a minimum, by the
Vendor, project manager and Purchasing Department representative. Depending on the
cost and nature of the Work, additional signature authorization may be required. Any
changes to the dates, cost or scope of any Work Order must be agreed upon in writing
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utilizing the City’s Change Order (included in the Agreement) and will not be considered
valid until signed, at a minimum, by the Vendor, project manager and Purchasing
Department representative.
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Vendor each month following
the submittal of a correct invoice by the Vendor indicating the project name, Purchase
Order number, task description, hours worked, personnel/work type category, hourly rate
for each employee/work type category, date of the work performed specific to the task,
percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Vendor and the
City will negotiate an appropriate unit price for the service prior to the Vendor initiating
such work.
The City pays invoices on Net 30 terms.
L. COVID-19 Compliance.
The Service Provider and its subcontractors shall comply with all state, county, and local
laws, ordinances, and public health orders established to reduce the spread of COVID-
19, as applicable. The Service Provider shall ensure employees and subcontractors
with COVID-19 symptoms do not report to the job site. Service Provider must organize
work to ensure individuals minimize contact and maximize social distancing. Individuals
must wear all standard worksite personal protective equipment (PPE). In addition,
individuals should wear a mask or cloth face covering consistent with OSHA and other
applicable safety requirements.
III. PROPOSAL SUBMITTAL
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.
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.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
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A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Vendor Information
1. Describe the Vendor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Vendor Statement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion. Include a description
regarding how the analysis will be performed for the various identified areas
identified, the methods and assumptions used, and the limitations of the analysis.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Identify what portion of work, if any, may be subcontracted.
5. How will you ensure compliance with Covid-19 requirements?
D. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub consultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the consulting services described above.
3. Provide a minimum of three similar projects with public agencies in the last 5 years
that have involved the staff proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
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number, sub-consultants on the team and a brief description of the work and any
change orders.
4. Provide examples of at least two projects where you’ve worked with your sub-
consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of
expertise, and include all other applicable information herein requested for each sub-
consultant. Identify what portion of work, if any, may be sub-contracted.
5. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Vendor
authorizes City to verify any and all information contained in the Vendor’s submittal
from references contained herein and hereby releases all those concerned providing
information as a reference from any liability in connection with any information they
give.
6. Please speak to the issues and/or opportunities related to the remote working
situation. Specifically, what are ways to keep the project on schedule and still
facilitate meetings with stakeholders and property owners?
7. What adjustments to your processes do you plan to make due to COVID-19?
E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
2. A resume for each professional and technical person assigned to the Agreement,
including partners and/or sub consultants, shall be submitted. Please limit resumes
to one page.
3. Some functions of this project may require the use of sub-consultants. If you intend
to utilize sub-consultants you must list each and provide resumes for their key
personnel.
4. Describe the availability of project personnel to participate in this project in the
context of the vendor’s other commitments.
F. Availability
1. Can the work be completed in a timely manner? Is the proposed timeline reasonable
and in line with expectations?
2. Are other qualified personnel available to assist in meeting the project schedule if
required?
3. Is the project team available to attend meetings as required by the Scope of Work?
4. Provide an outline of the schedule for completing tasks.
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G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values. Address how your firm strives to
incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line
(TBL) sustainable practices into the workplace. Provide examples along with any metrics
used to measure success within your firm.
Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the prime
consultant.
Some examples are provided below:
1. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality and
watershed protection, regulatory performance, management systems, air quality,
renewable energy, sustainable building and design, construction materials
management, and solid waste reduction.
2. Economic – Experience working and delivering projects with an emphasis on
strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing financial
priorities.
3. Social - Experience working and delivering projects, programs, and/or initiatives
that support Equity, Diversity, and Inclusion throughout your firm’s workplace,
including leadership, and supply chain. Examples of this may be demonstration
of working within cultural and language gaps, development of diversity programs,
diverse project teams, equitable opportunity vendor supply chain, and how your
firm has applied an equity lens to processes such as recruitment, hiring,
purchasing, career pathways, salaries, and staff engagement.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
H. Cost and Work Hours
Reasonable preapproved expenses will be reimbursable as per the current rates found at
www.gsa.gov. Vendor will be required to provide original receipts to the City for all
reimbursable expenses.
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide a breakdown of the estimated hours by task for
the deliverables under; a) Technology Analysis and Recommendation; and b)
Detailed Analysis and Implementation Plan. For each task provide the job title and
employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the hourly rates and extended cost based by task for the
deliverables under a) Technology Analysis and Recommendation; and b) Detailed
Analysis and Implementation Plan . Provide a total not to exceed cost for the a)
Technology Analysis and Recommendation; and b) Detailed Analysis and
Implementation Plan
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3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm
for at least one (1) year from the date of the Agreement. The fee schedule will be
used as a basis for determining fees should additional services be required by the
City. . A fee schedule for sub-consultants, if used, shall be included.
4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Travel expenses may be
reimbursable as per the current rates found at www.gsa.gov. Vendor will be required
to provide original receipts to the City for all travel expenses.
I. 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 VI) shall be documented.
IV. 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
2.0 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?
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?
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2.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
2.0 Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this Vendor again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Vendor responsive to client needs; did the
Vendor anticipate problems? Were problems solved
quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
If Vendor administered a construction contract, was
the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
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V. 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. Vender acknowledges the services to be awarded under this RFP will be funded in part
by the Federal Transportation Administration (FTA) and will be subject to the applicable
Federal Terms and Conditions attached hereto.
f. 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.
g. Vendor acknowledge receipt of addenda.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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 the "Professional".
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 Professional agrees to provide services in accordance with any
project Work Orders for , issued by the City. A blank sample of a work order is
attached hereto as Exhibit A, consisting of ( ) page(s) and is incorporated herein
by this reference. A general scope of services is attached hereto as Exhibit C, consisting of
( ) page(s) and is incorporated herein by this reference. The City reserves the
right to independently bid any project rather than issuing a Work Order to the Professional
for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain
named third parties, the Professional shall be solely responsible for performance of all duties
hereunder. The term “Work” as used in this Agreement shall include the services and
deliverables contained in Exhibit A and any Work Orders issued by the City.
The City may, at any time during the term of a particular Work Order and without invalidating
such Work Order, make changes to the scope of the particular services. Such changes shall
be agreed upon in writing by the parties by Change Order, a sample of which is attached
hereto as Exhibit B, consisting of one (1) page and incorporated herein by this
reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the parties
hereto.
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 four (4) 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 Professional and mailed no later than thirty (30) days prior to contract end.
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5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. 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 address:
Professional: 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 any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall be
the Professional's sole right and remedy for such termination.
6. Design, Project Insurance and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City its officers and employees, in accordance
with Colorado law, from all damages whatsoever claimed by third parties against the City
and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the
Professional's negligent performance of any of the services furnished under this Agreement.
The Professional shall maintain insurance in accordance with Exhibit , consisting of
one (1) page, attached hereto and incorporated herein.
7. Compensation. In consideration of services to be performed pursuant to this Agreement,
the City agrees to pay the Professional on a time and reimbursable direct cost basis
designated in Exhibit , consisting of ( ) page(s), attached hereto and
incorporated herein by this reference. At the election of the City, each Work Order may
contain a maximum fee, which shall be negotiated by the parties hereto for each such Work
Order. Monthly partial payments based upon the Professional's billings and itemized
statements are permissible. The amounts of all such partial payments shall be based upon
the Professional's City-verified progress in completing the services to be performed
pursuant to the Work Order and upon approval of the Professional's direct reimbursable
expenses. Final payment shall be made following acceptance of the Work by the City. Upon
final payment, all designs, plans, reports, specifications, drawings, and other services
rendered by the Professional shall become the sole property of the City.
8. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
blueprints, data files, calculations, studies, analysis, renderings, models and other Work
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Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding to
the project, provided that the City substantially performs its obligations under the
Agreement. The license granted hereunder permits the City and third parties reasonably
authorized by the City to reproduce applicable portions of the Instruments of Service for use
in performing services or construction for the project. In addition, the license granted
hereunder shall permit the City and third parties reasonably authorized by the City to
reproduce and utilize the Instruments of Service for similar projects, provided however, in
such event the Professional shall not be held responsible for the design to the extent the
City deviates from the Instruments of Service. This license shall survive termination of the
Agreement by default or otherwise.
9. City Representative. The City will designate, prior to commencement of the Work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
10. Project Drawings. Upon request and before final payment, the Professional shall provide
the City with reproducible drawings of the project containing accurate information on the
project as constructed. Drawings shall be of archival quality, prepared on stable mylar base
material using a non-fading process to provide for long storage and high quality
reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established City standard. The Professional
acknowledges the City is a governmental entity subject to the Colorado Open Records Act,
C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may
be considered public records subject to disclosure under the CORA.
11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work
Order and every thirty days thereafter, the Professional is required to provide the City
Representative with a written report of the status of the Work with respect to the Work Order,
Work Schedule and other material information. Failure to provide any required monthly
report may, at the option of the City, suspend the processing of any partial payment request.
12. Independent Contractor. The services to be performed by the Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of the Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
13. Subcontractors. The Professional 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
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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 Professional.
The Professional shall require all subcontractors performing Work hereunder to 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 Professional shall maintain a copy of
each subcontract’s certificate evidencing the required insurance. Upon request, the
Professional shall promptly provide the City with a copy of such certificate(s).
14. Personal Services. It is understood that the City enters into this Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the Work. 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.
16. 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.
17. 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.
18. 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.
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
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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., the Professional represents and agrees that:
a. As of the date of this Agreement:
1. The Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. The Professional 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. The Professional 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.
c. The Professional 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 the Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, the Professional
shall:
1. Notify such subcontractor and the City within three days that the Professional 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 the Professional 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. The Professional 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 the Professional violates any provision of this Agreement pertaining to the duties
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imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, the Professional shall be liable for actual and
consequential damages to the City arising out of the Professional’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
21. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one
(1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL'S NAME
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Professional agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) page(s) are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
PROFESSIONAL: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT B
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: Company Name
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT C
GENERAL SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The
City, its officers, agents and employees shall be named as additional insureds on the
Professional '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 Professional shall maintain
during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional
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 Professional shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
(1) NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.
§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
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(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:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the Contractor's records and construction sites pertaining to a
major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
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Requirements for Access to Records and Reports by Types of Contract
Contract Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition of
Rolling Stock
Professional
Services
I State Grantees
a. Contracts below SAT
($100,000) None
Those imposed
on state pass
thru to
Contractor
None None None None
b. Contracts above
$100,000/Capital Projects
None unless1
non-competitive
award
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5311
None unless
non-competitive
award
None unless
non-competitive
award
None unless
non-competitive
award
II Non State Grantees
a. Contracts below SAT
($100,000) Yes
3 Those imposed
on state pass
thru to
Contractor
Yes Yes Yes Yes
b. Contracts above
$100,000/Capital Projects Yes
3 Yes Yes Yes Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
3 18 CFR 18.36 (i)
(4) FEDERAL CHANGES
(49 CFR Part 18)
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
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a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor
agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed,
national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
(6) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
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(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
(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.
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
(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
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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 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) GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by 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.
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(10) 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
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
(11) 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.
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- 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,
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
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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
(12) 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.
(13) 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.
(14) PATENT AND RIGHTS IN DATA
(37 CFR Part 401, 49 CFR Parts 18 and 19)
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
A. Rights in Data - These following requirements apply to each contract involving
experimental, developmental or research work:
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(1) The term "subject data" used in this clause means recorded information, whether or
not copyrighted, that is delivered or specified to be delivered under the contract. The
term includes graphic or pictorial delineation in media such as drawings or
photographs; text in specifications or related performance or design-type
documents; machine forms such as punched cards, magnetic tape, or computer
memory printouts; and information retained in computer memory. Examples include,
but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item
identifications, and related information. The term "subject data" does not include
financial reports, cost analyses, and similar information incidental to contract
administration.
(2) The following restrictions apply to all subject data first produced in the performance
of the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may the
Purchaser or Contractor authorize others to do so, without the written consent of
the Federal Government, until such time as the Federal Government may have
either released or approved the release of such data to the public; this restriction
on publication, however, does not apply to any contract with an academic
institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal
Government reserves a royalty-free, non-exclusive and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for "Federal
Government purposes," any subject data or copyright described in subsections
(2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for
Federal Government purposes," means use only for the direct purposes of the
Federal Government. Without the copyright owner's consent, the Federal
Government may not extend its Federal license to any other party.
1. Any subject data developed under that contract, whether or not a copyright
has been obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using
Federal assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, it is FTA's general intention to increase transportation knowledge
available to the public, rather than to restrict the benefits resulting from the work
to participants in that work. Therefore, unless FTA determines otherwise, the
Purchaser and the Contractor performing experimental, developmental, or
research work required by the underlying contract to which this Attachment is
added agrees to permit FTA to make available to the public, either FTA's license
in the copyright to any subject data developed in the course of that contract, or
a copy of the subject data first produced under the contract for which a copyright
has not been obtained. If the experimental, developmental, or research work,
which is the subject of the underlying contract, is not completed for any reason
whatsoever, all data developed under that contract shall become subject data as
defined in subsection (a) of this clause and shall be delivered as the Federal
Government may direct. This subsection (c) , however, does not apply to
adaptations of automatic data processing equipment or programs for the
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Purchaser or Contractor's use whose costs are financed in whole or in part with
Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the
Purchaser and the Contractor agree to indemnify, save, and hold harmless the
Federal Government, its officers, agents, and employees acting within the scope
of their official duties against any liability, including costs and expenses, resulting
from any willful or intentional violation by the Purchaser or Contractor of
proprietary rights, copyrights, or right of privacy, arising out of the publication,
translation, reproduction, delivery, use, or disposition of any data furnished under
that contract. Neither the Purchaser nor the Contractor shall be required to
indemnify the Federal Government for any such liability arising out of the
wrongful act of any employee, official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the
Federal Government under any patent or be construed as affecting the scope of
any license or other right otherwise granted to the Federal Government under
any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without
using Federal assistance provided by the Federal Government that has been
incorporated into work required by the underlying contract to which this
Attachment has been added is exempt from the requirements of subsections (b),
(c), and (d) of this clause, provided that the Purchaser or Contractor identifies
that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research
work financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (i.e., a large business, small business, state
government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual, etc.), the Purchaser and the Contractor
agree to take the necessary actions to provide, through FTA, those rights in that
invention due the Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving
experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually
reduced to practice in the course of or under the contract to which this Attachment
has been added, and that invention, improvement, or discovery is patentable under
the laws of the United States of America or any foreign country, the Purchaser and
Contractor agree to take actions necessary to provide immediate notice and a
detailed report to the party at a higher tier until FTA is ultimately notified.
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(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (a large business, small business, state
government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual), the Purchaser and the Contractor agree
to take the necessary actions to provide, through FTA, those rights in that invention
due the Federal Government as described in U.S. Department of Commerce
regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each
subcontract for experimental, developmental, or research work financed in whole or
in part with Federal assistance provided by FTA.
(15) 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 3 %.
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.
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.
(16) ADA ACCESS
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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.
(17) 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: