HomeMy WebLinkAboutRFP - 9215 ELECTRIC BUS DEPOT CHARGERSRFP 9215 Electric Bus Depot Chargers Page 1 of 41
REQUEST FOR PROPOSAL
9215 ELECTRIC BUS DEPOT CHARGERS
The City of Fort Collins Transfort (Transfort) is requesting proposals from qualified Suppliers to
provide price, delivery, specification and certify proper installation of two (2) Depot Charging
Systems for Battery Electric Buses (BEB).
Due to COVID-19 and as part of the City’s commitment to Sustainable Purchasing,
proposals should be submitted online through Rocky Mountain E-Purchasing System
(RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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.
Proposals shall be submitted and must be received before 3:00 p.m. MDT (our clock) on
November 23, 2020 and referenced as Proposal No. 9215.
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
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.
A pre-proposal meeting will be held at 3:00 PM MDT, on November 3, 2020. Due to
COVID-19 and the closure of many City facilities the pre-proposal meeting will be held via
Zoom. Please use the following link to attend:
Join Zoom Meeting
https://us02web.zoom.us/j/89728038387?pwd=Tk1xektxR1o4WTNpR0doWjJ2YVgvZz09
Meeting ID: 897 2803 8387
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 9215 Electric Bus Depot Chargers Page 2 of 41
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All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at
jrector@fcgov.com, with a copy to Annabelle Phillips, Project Manager, at
aphillips@fcgov.com, no later than 5:00 PM MST November 10, 2020. Please format your e-
mail to include: RFP 9215 Electric Bus Depot Chargers 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.
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.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
RFP 9215 Electric Bus Depot Chargers Page 3 of 41
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9215 Electric Bus Depot Chargers Page 4 of 41
A. BACKGROUND AND OBJECTIVE/OVERVIEW
The City of Fort Collins Transfort (Transfort) is requesting proposals from qualified Suppliers
to provide price, delivery, specifications and certify proper installation of two (2) Depot
Charging Systems for Battery Electric Buses (BEB). Transfort is a municipal department of
the City of Fort Collins (City), located in Northern Colorado within Larimer County. 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 two (2) BEBs to be ordered in 2020. These two (2) BEBs will be
purchased through GILLIG. Transfort currently operates 53 buses in revenue service and
has established a goal of full fleet electrification by 2040. Transfort plans to charge this initial
order of BEBs using solely depot charging systems and has one maintenance and
operational facility, Transfort Maintenance Facility (TMF), located at 6750 Portner Road in
Fort Collins where the charging systems will be installed.
Transfort will have concurrent contracts to engage separate vendors to provide fleet
electrification planning services and electrical construction/charger installation services.
Supplier will coordinate where applicable with these concurrent efforts to ensure seamless
installation and operability of depot charging.
B. CHARGER TECHNICAL SPECIFICATIONS
1. GENERAL REQUIREMENTS
1.1. The Supplier shall coordinate with the bus Original Equipment Manufacturer (OEM)
and charging equipment sub‐suppliers, if specified, to finalize charging equipment
requirements.
1.2. The Supplier shall also propose a method for control of the charging cycle to manage
the use of power from the utility grid for reduction of peak demand charges and
general fleet charging management. The proposed solution shall be able to be
controlled by an Open Charge Point Protocol (OCPP)‐compliant system.
1.2.1. The Supplier shall provide a 5‐year subscription for the OCCP‐compliant
system and provide options for Transfort to extend subscriptions up to 10
years.
1.2.2. Transfort requires access to charging data which includes but is not limited
to: ending State of Charge (SOC), energy consumption at Mains supply,
energy consumption at the charge interface, charge duration, charging
profiles, health checks and alarms. The Supplier shall provide a complete list
of data elements reportable from charging stations and provide example
reports or dashboards that will be available to Transfort.
1.3. The charging systems shall be capable of delivering the optimal battery charge
profile as specified by the battery manufacturer and charging the installed traction
battery to a fully charged state from the minimum recommended state‐of‐charge.
1.4. The buses will be immobilized during all charging operations. Upon successful
engagement of the charging interface, the bus will be interlocked such that propulsion
is rendered non-tractive and the brakes applied.
1.5. All equipment must be either UL factory or field certified.
1.6. Emergency shutdown (ESD) system shall be provided.
1.6.1. When activated, the ESD system shall stop all bus battery charging.
1.6.2. The ESD system shall be normally closed and trip open and shall be
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expandable so that additional switches may be added.
1.6.3. Actual locations of ESD buttons will be determined during pre‐construction
meetings to the approval of Transfort, any Local Authority Having Jurisdiction
(AHJ), and the Supplier.
1.7. Controls shall include features to ensure operator, maintenance and general human
safety, in compliance with all applicable Occupational Safety and Health Administration
(OSHA), National Fire Protection Association (NFPA), National Electric Code (NEC),
and other safety regulations.
1.8. Controls shall include features to prevent progressive depot charging system
damage resulting from any one or more operating issues, or out of limit operating
conditions.
1.9. Suppliers shall provide a detailed description of all data monitoring, fault notification,
and control solutions available for the proposed depot charging systems.
1.9.1. Transfort desires for system faults to be displayed on a monitor where
specified by Transfort. It is expected that the exact display and function of
alarms (visual, audible, required to be acknowledged before the next charge
can begin, etc.) will be decided in design workshops with the Supplier. This
monitor with notification of faults is the base requirement.
1.9.2. Transfort will require notifications for specific faults in a variety of mediums,
including email and text notifications.
1.10. Transfort will make available the needed internet connection at TMF, once the need
is fully understood with the selected Supplier. The Supplier shall propose the best
method for needed data connections with the understanding that Transfort prefers to
utilize the existing internet connection if this will reduce cost, and also prefers that all
data connections be hardwired when practical to improve reliability.
1.11. Transfort uses significant daily data transfer over Wi‐Fi networks on both 2.4 GHz
and 5 GHz frequencies at TMF. Interference to digital communication networks
operating in the 2.4 GHz and 5 GHz Wi‐Fi bands is not permitted.
1.12. City requires all vendors to comply with City network and security policies and
procedures regarding third-party access.
2. DEPOT CHARGING SPECIFICATIONS
2.1. Depot charging system must be able to dispense a minimum of 120kW at 700 VDC.
Additional charging specifications may be acceptable with Transfort approval.
2.2. The depot charging system shall be capable of use 24 hours a day, every day of the
year in an indoor, climate‐controlled environment.
2.3. The initial depot charging system purchase shall consist of two (2) plug in chargers to
charge two (2) 35‐foot GILLIG BEBs, capable of each supplying a continuous output
of 120 kW.
2.4. Transfort requires that the chargers be capable of supporting multiple dispenser
outputs and that these multiple outputs can be energized sequentially, and that
utilization of additional dispensers will not require the purchase of additional charging
hardware. Transfort understands that new conduit, wiring, and an additional cord or
dispenser are required to connect an additional charger output.
2.5. The charging system must be compliant with the SAE‐approved charging standard
SAE J1772 DC. Suppliers shall include a detailed description of the charging
infrastructure required to charge the bus at depot and specify its compliance with the
SAE J1772 DC standard. Suppliers shall include a description of the charging
infrastructure required to install and operate the charging equipment. Suppliers shall
describe the expected level of interoperability of the proposed charging system with
other vehicles and transit buses.
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2.6. The initial depot charging system purchase shall consist of two (2) plug in chargers to
charger two (2) 35-foot GILLIG BEBs, capable of each supplying a continuous output
of 120 kW. All chargers in the facility to be identical, enabling a charge of either bus at
either location. The systems below have been validated with the buses to date. The
use of any other systems require prior approval from Transfort.
2.6.1. GILLIG has authorized ChargePoint, ABB and Siemens chargers to be
used with their BEBs. Other OEMs are in testing, Transfort would consider
and accept proposals from alternate manufacturers with documentation of
compatibility.
2.7. All charging systems provided for use with the bus and in conjunction with the battery
management system must comply with the battery manufacturer’s electrical and
thermal limits.
2.8. Charging receptacle location - The charging receptacle located on the bus will be at
the right rear (curbside) and located within a range of height from grade at normal
suspension ride height between 48 and 60 in.
2.9. Security fencing is not required as TMF is access restricted to Transfort personnel,
however all equipment shall be safe, and any hazardous areas shall be clearly marked
and require a tool to gain access.
2.10. Transfort intends to make additional BEB purchases over the next several years,
OEM and bus length have yet to be determined. Transfort prefers a supplier who can
provide information demonstrating their product’s interoperability with multiple BEB
bus manufacturers and buses of variable lengths.
3. INSPECTION, ACCEPTANCE, AND COMMISSIONING
3.1. Inspections will be carried out by Transfort or Transfort-designated contractor to
determine compliance with Requirements that may be beyond the scope of
jurisdictional inspections. Transfort or Transfort-designated contractor will prepare a
punch list as a result of physical inspections, start‐up tests, and functional
demonstrations. The completion schedule for the punch list will be agreed upon by
Transfort and the Supplier.
3.2. The Supplier shall provide an acceptance testing and commissioning plan for all
supplied equipment that shall include detailed instructions and requirements for
testing and commissioning the charging system (i.e., dispensers, power converters,
mounting hardware and equipment, and all required wires, cables and connections).
The Supplier shall include in the plan a list of activities to be performed by a third‐
party contractor during installation that would require technical support and provide
details on how the Supplier plans to provide technical support for these activities.
3.3. At the time of acceptance testing and commissioning, Supplier shall submit a written
report to Transfort listing all incidents and unusual system performance issues, as
well as documenting correct function per the approved commissioning plan.
Acceptance testing and commissioning involves ensuring that the charging solution
integrates with and charges with either a pilot bus or the two (2) BEBs being ordered,
and that there are no physical obstructions blocking the use of the charger. In
addition, the Supplier must demonstrate the successful operation of any data
monitoring or charge management services. Transfort personnel may observe any
testing in progress.
3.4. Depot charging system acceptance
3.4.1. The depot charging systems will be considered complete and accepted for
ownership by Transfort upon Transfort’s issue of notice of Final Acceptance to
the Supplier. Transfort Final Acceptance will be issued immediately upon the
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Supplier’s demonstration to Transfort that the depot charging systems
designed, delivered, assembled, and constructed (and confirmation installation
was completed according to Supplier’s specifications) by the Supplier are fully
compliant with all Requirements, and all punch list items are complete. The
Supplier shall coordinate the scheduling of acceptance testing activities to
minimize disruptions to normal transit service. Minimum requirements for
completion of the depot charging systems are as follows:
3.4.2. The design, delivery, assembly, installation/construction of complete
and fully functional depot charging systems;
3.4.3. Successful completion of all necessary inspections as required by AHJs
and receipt of all necessary operating approvals as required by AHJs;
3.4.4. Successful testing of charging system performance by completing the
following tests. Transfort will make an effort to have a 35‐foot BEB that is
compatible with the depot charging system available to the Supplier to
complete acceptance testing. If no BEB is available upon charger
installation, final acceptance will not occur until Transfort receives its initial
delivery of BEBs. The Supplier shall coordinate with Transfort when
developing and finalizing the acceptance testing plan to ensure smooth
operation with the new buses.
3.4.5. Performance Tests - Depot Chargers
3.4.5.1. The Supplier shall demonstrate five (5) successful charge
initiations and one (1) hour of continuous bulk charging with the bus on
each of the two (2) depot chargers.
3.4.6. Functional Tests
3.4.6.1. Noise Measurements - Tests shall be conducted by the Supplier in
the presence of Transfort representatives to ensure airborne noise
generated by the depot charging system while operating at full capacity
does not exceed 60dBA when measured 25 feet from charging system
equipment in any direction. All noise measurements of operating
equipment within the Equipment Compound shall be performed outside
of the Equipment Compound enclosure. The Supplier shall also ensure
compliance with the exterior noise requirements defined in local laws
and ordinances.
3.4.6.2. Emergency shutdown system - The operation of the emergency
shutdown system will shall be tested for compliance with the
Requirements of this Request for Proposals.
3.4.6.3. Remote monitoring provisions - the remote monitoring provisions
supplied by the Supplier will shall be tested for compliance with the
Requirements.
3.4.6.4. Ancillary items - The operation and function of ancillary items of
the charging system shall be tested in the presence of Transfort
representatives. Deficiencies shall be recorded and corrected by the
Supplier to the satisfaction of Transfort. Ancillary items shall include
but not be limited to: depot charging system lighting; doors; locks;
control panels; switches; and security systems.
3.4.6.4.1. Punch lists, resulting from Inspections of charging
system carried out by Transfort representatives, are
addressed and completed to the satisfaction of Transfort;
3.4.6.4.2. The Supplier has presented Transfort all required
deliverables per the Contract terms;
3.4.6.4.3. The Supplier has completed all Contract specified
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Operational Training;
3.4.6.4.4. The Supplier and Transfort have agreed to a schedule
of Maintenance Training to be provided by the Supplier.
3.4.7. Final commissioning of the depot charging systems will be completed on
the two (2) BEBs upon their arrival on Transfort’s property. The Supplier shall
coordinate with the bus OEMs to ensure each depot charger integrates with
and charges each bus.
4. WARRANTY
4.1. The Supplier shall provide a minimum one (1) year parts and labor warranty,
including planned service, on the depot charging system which shall commence upon
the date of final acceptance of each charging system as issued by Transfort.
Suppliers should clearly define all terms of the warranty in their response and include
the costs of a one‐year warranty in the Cost Proposal. The Supplier is also invited to
list other available warranty options in the proposal narrative, clearly defining all
terms.
4.2. Voiding the Warranty
4.2.1. The warranty shall not apply to any depot charging system failure or
damage resulting from accident, misuse, or negligence for which the Supplier
is not responsible. Normal use shall include conditions prevalent in the normal
(day to day) Transfort operational and maintenance procedures. Normal use
shall also include the environmental conditions specified.
4.3. Warranty Repairs
4.3.1. A representative of the OEM of the malfunctioning equipment must be on‐
site at Transfort’s property within 24 hours of receiving notice of a charging
system issue from Transfort. The malfunctioning system or component must
be properly functioning within 48 hours of receiving notice of a charging
system issue from Transfort.
4.3.2. Supplier to provide technical support, for example via phone, email, virtual
meetings, etc., which will be available to Transfort 24 hours per day.
4.3.3. If during the warranty period, any replacement, repair, or modification on a
depot charging system component, made necessary by defective design,
materials, or workmanship is not completed within 48 hours, the warranty
period for the entire depot or on‐route charging system shall be extended by
the number of days equal to the delay period.
4.4. Software Warranty
4.4.1. In addition to any other requirements set forth in the Contract, the Supplier
warrants that the Software (including any Licensed Software) of the charging
systems shall:
4.4.1.1. Be of a language that is commercially available and for which
software tools are available;
4.4.1.2. Be capable of being copied by Transfort;
4.4.1.3. Not contain viruses or pre‐programmed devices which will
cause any software utilized by Transfort to be erased or become
inoperable or incapable of processing accurately;
4.4.1.4. The Software and each module and function thereof shall be
capable of operating fully and correctly on the combination of the
equipment purchased pursuant to the Contract; and
4.4.1.5. The Software does not contain any code that will, upon the
occurrence or the nonoccurrence of any event, disable the
Software.
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4.4.2. Standard software support shall include upgrades of proprietary and
commercial programs with backward compatibility over the life of the system.
Supplier shall guarantee to actively support software furnished or provide
suitable replacement software for not less than 10 years from date of charging
system final acceptance by Transfort.
4.4.3. The Supplier shall provide Transfort all licenses necessary to utilize all
provided software for a 10 year period.
4.4.4. Transfort owns exclusive rights to all data and requires live and historical
access to all data. At Transfort’s request the Supplier shall provide all data,
historical and live, in a manageable format such as: .txt, .xslx, and/or .csv files.
5. TRAINING
5.1. Supplier shall provide adequate training, up to 40 hours, for Transfort maintenance
personnel upon initial system installation and for future maintenance and
troubleshooting of the system, including operations and data administration. The
proposal must include the following details regarding the training plan: description of
the courses, suggested attendees, course length, and suggested timing.
5.2. Transfort reserves the right to modify the proposed training plan to meet the needs of
the Agency.
5.3. The instructor must be capable of training 10 Transfort personnel simultaneously in
each course.
5.4. The Supplier must provide a one hour bi‐annual webinar for new Transfort employees
and a refresher course within 60 days before expiration of the warranty.
5.5. The Supplier shall provide the training syllabus and all training material for review
and approval by the Transfort Project Manager prior to commencement of training.
Supplier shall provide all necessary equipment to facilitate the training. Transfort will
specify the time and location for delivery for the on‐site training courses at a later
date, after consulting with the Supplier for availability.
6. OPERATING MANUALS
6.1. Supplier shall provide Transfort with three (3) identically bound sets of operating
manuals for the depot charging systems. Operating manuals shall include step by
step instructions to properly start, utilize and shut down depot charging systems
components. The operating manuals shall include instruction in the proper utilization
of the depot charging systems and procedures to be observed. The target audience
for the operating manuals shall be Transfort fleet servicing personnel charged with
opening, undertaking, and closing the fleet refueling process.
6.2. The Supplier shall also provide Transfort with operating manuals in electronic (PDF)
format. The operating manuals in electronic format shall be duplicate in content and
organization to the bound sets of operating manuals for the depot charging systems.
6.3. Transfort shall have final approval for content of delivered operating manuals.
7. MAINTENANCE MANUALS
7.1. Supplier shall provide Transfort with three (3) identically bound sets of maintenance
manuals for the depot charging systems. Maintenance manuals shall include step by
step instructions to properly maintain all depot charging systems and
equipment/components. In addition to Process and Instrumentation Drawings (P&IDs)
and detailed descriptions of system function and operation, maintenance manuals
shall minimally include information on proper trouble shooting steps, system logic,
preventive maintenance, and repair procedures for all major components and
systems. Maintenance manuals shall include all applicable wiring and logic diagrams.
RFP 9215 Electric Bus Depot Chargers Page 10 of 41
7.2. The target audience for the maintenance manuals shall be Transfort and City
personnel charged with maintenance of Transfort facilities.
7.3. The Supplier shall also provide Transfort with maintenance manuals in electronic
(PDF) format. The maintenance manuals in electronic format shall be duplicate in
content and organization to the bound sets of maintenance manuals for the depot
charging systems.
7.4. Transfort shall have final approval for content of delivered maintenance manuals.
8. PARTS MANUALS
8.1. Supplier shall provide Transfort with three (3) identically bound sets of parts manuals
for the depot charging systems. Parts manuals shall include the P&IDs, graphical
parts breakdowns (parts diagrams) and associated parts lists for all major systems,
assemblies, components, and subcomponents of the depot charging systems. The
parts diagrams shall be organized and clearly associated with parts lists using unique
identifiers. Parts lists shall minimally define serviceable parts by system, assembly,
noun name of part, the major component the part relates to, original equipment
manufacturer (OEM), the OEM part number, life expectance (in years and/or usage),
unique part number and quantity per associated assembly.
8.2. The Supplier shall also provide Transfort with parts manuals in electronic (PDF)
format. The parts manuals in electronic format shall be duplicate in content and
organization to the bound sets of parts manuals for the depot charging systems.
8.3. Transfort shall have final approval for the content of delivered parts manuals.
9. RECOMMENDED SPARE PARTS
9.1. The Supplier shall provide Transfort with a list of recommended spare parts for the
depot charging systems. Recommended spare parts lists shall minimally define
serviceable parts by system, assembly, noun name of part, the major component the
part relates to, original equipment manufacturer (OEM), the OEM part number, life
expectance (in years or usage), unit price, unique part number and quantity per
associated assembly.
9.2. The Supplier shall provide Transfort with recommended spare parts to have on‐hand
for the first year of maintenance and repair after Final Commissioning.
9.3. The Supplier shall also provide Transfort with a list of recommended spare parts for
the depot charging systems in electronic (PDF) format. The list of recommended
spare parts for the charging systems in electronic format shall be duplicate in content
and organization to the hard copy of the recommended list of spare parts for the
charging systems.
10. SUMMARY MANUFACTURER DATA
10.1. The Supplier shall provide Transfort with three (3) identically bound sets of summary
manufacturer data for the depot charging systems.
10.2. The Supplier shall also provide Transfort with a summary of manufacturer data for
the depot charging systems in electronic (PDF) format. The summary manufacturer
data for the charging systems in electronic format shall be duplicate in content and
organization to the hard copy of the recommended list of spare parts for the charging
system.
11. UPDATES
11.1. For a period of 10 years following Transfort’s final acceptance of the charging
systems, Supplier shall provide Transfort with all updates to maintenance manuals,
parts lists, and procedures for all systems, equipment, or components of the charging
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system as issued by the Supplier.
C. Anticipated Schedule
RFP Vendor Selection 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 22, 2020
• Pre-Proposal Meeting: 3:00 PM MDT (our clock) on November 3,
2020
• Question deadline: 5:00 PM MDT (our clock) on November 10,
2020
• Proposal due date: 3:00 PM MDT (our clock) on November 23,
2020
• Interviews (tentative): Week of November 30, 2020
• Award of Contract (tentative): Week of December 7, 2020
Project Schedule and Milestones
• Project Initiation: Upon Contract Execution
• Initial Delivery: As early as September 2021 (to be coordinated with
installer and both BEB and Depot Charger Lead Time)
• Project Completion: As early as September 2021 (to be coordinated with
installer and both BEB and Depot Charger Lead Time)
D. Interviews
In addition to submitting a written proposal, the top-rated Suppliers 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.
E. Subcontractors
Suppliers or Authorized Representatives for the awarded Supplier will provide all work and
training. Subcontracting any work or training will not be allowed.
F. Laws and Regulations
The Supplier agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances.
G. Invoicing and Payment
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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 Supplier each month
following the submittal of a correct invoice by the Supplier 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 Consultant initiating
such work.
The City pays invoices on Net 30 terms.
I. 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, and Federal Signature Forms). 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.
The responses shall be considered technical offers of what Suppliers propose to provide and
shall be incorporated in the contract award as deemed appropriate by the City. A proposal
that does not include the below information may be deemed non-responsive and is subject to
rejection.
The City of Fort Collins shall not reimburse any Supplier for costs incurred in the preparation
and presentation of their proposal.
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.
Vendor Information
1. Describe the Supplier’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.
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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.
Scope of Proposal
1. Provide a detailed description of the overall concept based on the Transfort Electric
Bus Dept Charging Technical Specifications. The narrative should include any
options that may be beneficial for the City to consider. Proposals shall include
renderings of the proposed Electric Bus Dept Charger.
2. Provide detailed installation instructions.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Provide a written warranty on all manufactured components, materials,
workmanship, and all other pertinent components. At minimum, warranty must meet
the requirements as stated in Section B. 4.
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. Please include at least three (3) examples of similar projects you have been awarded
in the past. For each example, please include a short description of the project, who
it was created for, contact information, cost of the project and color photos or
drawings. These examples will be in addition to the references required below.
4. References (current contact name, current telephone number and email address)
from at least three (3) similar awards 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 Supplier
authorizes City to verify any and all information contained in the Supplier’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.
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 authorized
representatives and their individual areas of responsibility.
2. Describe the availability of project personnel to participate in this project in the
context of the contractor firm’s other commitments.
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Availability
1. Provide a detailed timeline/schedule of all key project milestones (i.e. lead time,
model acceptance due date by City, City due date for order and changes to depot
charger specification, manufacture commencement, manufacture end date, final
model component delivery, and installation instructions delivery, etc.)
2. Are other qualified personnel available to assist in meeting the project schedule if
required?
3. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization strives
to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section II: Review and Assessment for additional information.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved.
Cost
Provide an itemized price quote with a cost per depot charger by model type, warranty
options, training and on-site acceptance testing and commissioning. The cost per item
shall be all-inclusive and shall include shipping and delivery to Fort Collins, CO - FOB
Destination. The itemized pricing should include pricing for each major component
and/or depot charger module and recommended spare parts that may be required for
future purchases for repairs and maintenance.
Federal Signature Forms
All proposals must include completed and signed Certificate Regarding Lobbying
and Buy America forms (Section VI). Proposals that do not contain these
executed forms will be considered non-responsive and subject to rejection.
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 V shall be documented.)
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II. 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?
3.0 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? Does the firm propose the highest
quality product, design and materials?
1.0 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? 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
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the costs competitive? Does the proposed
cost compare favorably with the Project
Manager's estimate?
Definitions
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Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
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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III. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledge receipt of addenda.
g. The Certification Regarding Lobbying has been executed and is included in the proposal
submittal.
h. The Buy America Certification has been executed and is included in the proposal
submittal.
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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IV. FEDERAL SIGNATURE FORMS
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 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
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BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA
or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and
include final assembly in the United States for 15 passenger vans and 15 passenger wagons
produced by Chrysler Corporation, and microcomputer equipment and software. Separate
requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling
stock must be assembled in the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.
Bids or offers that are not accompanied by a completed Buy America certification must be
rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and
the applicable regulations in 49 C.F.R. Part 661.5.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name _______________________________________________________________
Title ________________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name ______________________________________________________________
Title ________________________________________________________________________
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V. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit ,
consisting of ( ) page(s), and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following execution
of this Agreement. Services shall be completed no later than . Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in a writing signed by
the parties.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) days prior to
contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition.
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
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termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, ($ ) as per the attached
Exhibit " ", consisting of page(s), and incorporated herein by this reference.
8. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
9. Independent Service provider. The services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or
for any other purpose.
10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
11. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
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responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twenty-four (24) months from and
after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail himself of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
17. Indemnity/Insurance.
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a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's
Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a
certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland
Security (the “e-Verify Program”) or the Department Program (the “Department
Program”), an employment verification program established pursuant to Section 8-
17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
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c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing
or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
21. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one
(1) page, attached hereto and incorporated herein by this reference.
22. Federal Requirements. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit – Federal Transit
Administration Federally Required and Other Model Contract Clauses, consisting of twelve
(12) pages, attached hereto and incorporated herein by this reference
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES – TERMS AND
CONDITIONS
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)
Yes3
Those imposed
on state pass
thru to
Contractor
Yes Yes Yes Yes
b. Contracts above
$100,000/Capital Projects
Yes3
Yes Yes Yes Yes
Sources of Authority:
1
49 USC 5325 (a)
2
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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 4220.1F)
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 4220.1F, 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 4220.1F)
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.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies
or to perform the services within the time specified in this contract or any extension or if
the Contractor fails to comply with any other provisions of this contract, the (Recipient)
may terminate this contract for default. The (Recipient) shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The
Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner or performance set forth in this
contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the Recipient.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, the
Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
10. BUY AMERICA REQUIREMENTS
(49 U.S.C. 5323(j) 49 CFR Part 661)
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts, but does not specify the language to be used. The
following language has been developed by FTA.
Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part
661, which provide that Federal funds may not be obligated unless steel, iron, and
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manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation,
and microcomputer equipment and software. Separate requirements for rolling stock are set
out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in
the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification
must be rejected as nonresponsive. This requirement does not apply to lower tier
subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date ___________________________________________________________________
Signature ________________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
11. BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1F)
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
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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.
12. LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section
7, which provides that contractors file the certification required by 49 CFR Part 20,
Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
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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
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.]
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The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
13. CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et
seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
15. CARGO PREFERENCE REQUIREMENTS
(46 U.S.C. 1241 , 46 CFR Part 381)
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use
privately owned United States-Flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or commodities pursuant to the
underlying contract to the extent such vessels are available at fair and reasonable rates for
United States-Flag commercial vessels; b. to furnish within 20 working days following the
date of loading for shipments originating within the United States or within 30 working days
following the date of leading for shipments originating outside the United States, a legible
copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FTA
recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include
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these requirements in all subcontracts issued pursuant to this contract when the subcontract
may involve the transport of equipment, material, or commodities by ocean vessel.
16. FLY AMERICA REQUIREMENTS
(49 U.S.C. § 40118, 41 CFR Part 301-10)
Fly America Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in
accordance with the General Services Administration’s regulations at 41 CFR Part 301-10,
which provide that recipients and subrecipients of Federal funds and their contractors are
required to use U.S. Flag air carriers for U.S Government-financed international air travel
and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier
was not available or why it was necessary to use a foreign air carrier and shall, in any event,
provide a certificate of compliance with the Fly America requirements. The Contractor
agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
17. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
of DBE subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 2 %. A contract goal of 0 % DBE participation has been established for
this procurement.
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.
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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.
18. RECYCLED PRODUCTS
(42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873)
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C.
6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of 40 CFR Part 247.
19. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
20. 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.
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
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: