HomeMy WebLinkAboutRFP - 9812 PARATRANSIT SERVICES
RFP 9812 Paratransit Services Page 1 of 71
REQUEST FOR PROPOSAL
9812 PARATRANSIT SERVICES
RFP DUE: 3:00 PM MT (Mountain Time), October 5, 2023
The City of Fort Collins, in conjunction with the City of Loveland, is requesting proposals from
qualified Service Providers to provide door-to-door specialized transportation services to citizens
who, because of their disability are unable to access the fixed route bus service.
As part of the City’s commitment to sustainability , proposals must be submitted online through
the 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 RMEPS.
All questions should be submitted, in writing via email, to Beth Diven, Buyer II at
bdiven@fcgov.com no later than 3:00 PM MT on September 22, 2023. Please format your e-
mail to include: RFP 9812 Paratransit Services in the subject line. Questions received after this
deadline may not be answered. Responses to all questions submitted before the deadline will be
addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city -of -fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
952-94 Transportation Services for the Elderly, Handicapped, Incapacitated, Prisoners,
Juries, etc.
958-91 Transit Management Services
962-17 Bus and Taxi Services, Limousines and Vans (including Operations,
Management and Terminal Services)
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
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.
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 9812 Paratransit Services Page 2 of 71
The City requires its Service Providers 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 Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA . All pricing will be c onsidered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. 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 information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers/ Professionals
receiving awards from the City to submit IRS form W-9 and requires all Service Providers/
Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these
documents with your proposal, however, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The City may
waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
RFP 9812 Paratransit Services Page 3 of 71
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 Service Provider shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins, in conjunction with the City of Loveland, is requesting proposals from qualified Service Providers to provide door-to-door specialized transportation
services to citizens who, because of their disability are unable to access the fixed route
bus service. Greeley Evans Transit (GET) shall have the option to receive Services
hereunder in accordance with this Agreement and terms of a separate Intergovernmental
Agreement (IGA) between GET and the City. In the event GET elects to receive Services,
the transition plan shall be in accordance with Section VI or as otherwise mutually agreed.
For the purpose of this RFP and the resulting contract, the City of Fort Collins Transfort
Department (hereinafter referred to as the City ) will be the contracting agency acting in
conjunction with and on behalf of the City of Loveland Transit (COLT) through a separate
intergovernmental agreement; however, there will be no direct contract between the
Service Provider and COLT. Except where otherwise indicated, the Service Provider
should provide pricing for the COLT option based on the requirements as outlined for the
City ’s Scope of Work. The City , in conjunction with COLT, is requesting proposals for three
distinct services:
1. Fort Collins and Loveland: Door-to-door specialized transportation services, otherwise
referred to as ADA complementary paratransit services, to citizens who, because of
their disability , are unable to access the fixed route bus service. Both the City of Fort
Collins’ and City of Loveland’s paratransit service programs are called “Dial-A-Ride”
(hereinafter referred to as DAR), For the purposes of this Scope of Work and due to
similarities in federal requirements, both programs are referred to collectively as DAR.
See Attachment A for the current Fort Collins DAR User’s Manual and Attachment B
for the current COLT User’s Manual.
2. Fort Collins and Loveland: Taxi Voucher Program called “Dial-A-Taxi” or DAT, which
offsets the costs of taxi trips for eligible DAR and COLT passengers beyond the service
area required by ADA.
3. Fort Collins only: Operate a daily (Monday – Friday) shuttle service for qualified
passengers who are also clients of Foothills Gateway. (Do not provide pricing for a
COLT option for this service).
B. Background
The City and COLT provide door-to-door specialized transportation services to citizens
who, because of their disability , are unable to access the fixed route bus service.
The DAR and COLT programs consist of Road Operations and Central Dispatch
components. The City is seeking a Vendor , hereinafter referred to as the Service Provider,
to provide door-to-door ADA complementary paratransit operations, supervision,
scheduling as well as a central dispatch/call center for both ambulatory and non-
ambulatory clients. The following is a list of the general conditions under which service
shall be performed:
1. Those clients certified as “eligible” and whose trip requests originate and terminate
within the established service areas of each of the respective agencies.
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2. Those clients whose homes have been grandfathered into the service areas of either
of the respective agencies.
3. Under emergent circumstances, the City Contract Manager may authorize additional
trips including same-day and overflow trips which may be within or outside of the
respective service areas of either of the communities.
4. At the request of the City Contract Manager, transportation shuttles shall be provided
within either of the respective service areas at an hourly rate using Service Provider
vehicles and/or City owned vehicles.
DAR intends to provide door -to-door paratransit services through the coordinated efforts
of a central eligibility and quality assurance office operated by the City , a central ride
reservation center to be located at, operated and provided by the Service Provider as well
as road operations and dedicated road supervision operated by the Service Provider. The Service Provider shall designate an Operations Manager hereinafter referred to as the
Service Operations Manager. The City Contract Manager will monitor the Service Provider
for quality assurance. The City Contract Manager will be the central point of contact for all
contract communications and oversight. This includes management of any service options
executed at a later date.
The Service Provider shall work with the City Contract Manager to maximize service
efficiencies and overall quality. The Service Provider shall be the customer point of contact
for trip reservations, subscription requests, cancelations and general customer service. Daily, the Service Provider shall receive client trip requests by phone within the guidelines
of DAR as well as the Americans with Disabilities Act of 1990 (ADA), shall provide all trip
administration, and shall assign their vehicles and drivers to provide 100% of the
requested trips meeting guidelines of this scope of work.
II. SCOPE OF SERVICES – ADA COMPLEMENTARY PARATRANSIT SERVICES
A. General Requirements
A.1. The Service Provider shall have the following responsibilities for the operation of this
proposal. They are:
A.1.1 To provide qualified, competent and courteous staff,
A.1.2 To provide safe, clean, comfortable and customer-friendly vehicles,
A.1.3 Take ride reservations,
A.1.4 Take trip cancelations,
A.1.5 Receive and forward complaints to appropriate City staff as outlined during
operational meetings,
A.1.6 Receive and forward all ADA eligibility intakes and questions to appropriate
eligibility staff,
A.1.7 To provide the necessary management, administration, back -office and
dedicated on-road supervision by qualified supervisory and administrative
staff to meet the requirements of this contract, and
A.1.8 To adhere to ADA guidelines as well as all elements of contract as they
apply to on-road service, fleet services, safety & training requirements,
dispatch services and call-center procedures.
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A.1.9 Incur the initial and on-going costs to maintain a wireless network
connection with unlimited data transfer capability having no trends of
interruption in service.
A.1.10 Purchase and maintain tablets compatible with Trapeze DriverMate mobile
computing software as necessary . The Service Provider shall be
responsible for the maintenance, any necessary installation, as well as the
cost of any damage or abuse to the units.
A.1.11 Maintain a two-way radio system.
A.1.12 Route and schedule trips.
A.1.13 To maintain an Agency Safety Plan as required by 49 CFR Part 673
B.1.13 Consistently maintain compliance with all local, state and federal
regulations regarding the provided transportation services including but
not limited to service delivery, vehicle maintenance, driver qualification,
driver training and management, accident investigation and reporting and
substance abuse testing and reporting.
A.2. The City will have the following responsibilities under this contract:
A.2.1. Provide program management and direction,
A.2.2. Develop and provide to Service Provider all policies for service, and ensure
that appropriate procedures are developed to implement them,
A.2.3. Develop and provide to Service Provider Service Alerts when changes to
either jurisdiction’s regularly scheduled service will impact complementary
paratransit services. Service Alerts should be posted in vehicles upon
receipt by the Service Provider, and no later than five (5) business days
after receipt.
A.2.4. Notify the Service Provider when inclement weather affects complementary
paratransit services,
A.2.5. Define service standards and performance criteria,
A.2.6. Set fares and fare policy,
A.2.7. Determine clients’ eligibility for use of services,
A.2.8. Provide the Service Provider with a master copy of all forms needed for
reporting necessary information to the City.
A.2.9. To work with the Service Provider to control no shows by enforcing no show
policy where applicable.
A.2.10. Provide the Service Provider with access to licenses and credentials for
DAR transit scheduling software via VPN connection for staff as needed.
A.2.11. Provide licenses for Trapeze DriverMate software, as well as protocol to
connect to the City’s network. The City will work with Service Provider to
update licenses as needed.
A.2.12. Provide the Service Provider with “Train the Trainer” instruction on the use
and maintenance of the tablets enabled with Trapeze DriverMate mobile
computing software at a cost as defined in Attachment C “City of Fort
Collins Fee Schedule.
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A.2.13. Provide necessary “Train the Trainer” instruction on the use of DAR
paratransit scheduling at a cost as defined in Attachment C “Fee
Schedule.”
B. Paratransit Operating Standards
B.1. Each of the operating standards are subjected to assessing of liquidated damages
as stated in Section II.I: “Assessed Liquidated Damages and Fee Schedule” and
shall be deemed material, a breach of which may result in the City declaring the
Service Provider in default of the contract.
B.2. General: The Service Provider shall provide all services in accordance with DAR
policies and procedures and in accordance with the following service operating
standards:
B.2.1. The Service Provider shall provide door -to-door service. All drivers shall
offer assistance from the door of the pick -up location to the vehicle and
from the vehicle to the door of the drop-off location. In some cases,
individuals with disabilities that impact their judgment may require
additional service beyond “door to door”, in these cases, the Service
provider shall ensure that these clients are received by an authorized 3rd
party before departing. This additional service would be limited to only flagged locations and indicated on the client profile. Any exceptions to this
policy must be pre-authorized by the City. If there is more than a 10%
increase or more than 300 trips per month going to flagged locations,
Service Provider shall have the right to negotiate an equitable fee for these
extra provided services.
B.2.2. Call Center Staff, Drivers, Supervisors and Dispatchers shall provide
friendly customer service at all times. Rude or inappropriate behavior by
Service Provider staff shall not be tolerated.
B.2.3. Drivers, Supervisors and Dispatchers shall remain professional while in
service to the City and only offer correct and appropriate information
regarding the Service Contract.
B.2.4. The vehicles provided shall have a 100% smoke-free environment. There
shall be no smoking in vehicles at any time by either passengers or drivers;
whether in revenue service for DAR or otherwise.
B.3. Road and Office Supervision
B.3.1. Service Provider will ensure that qualified road supervisors are scheduled
during all peak service periods to respond to collisions, injuries, incidents,
service failures, vehicle failures and general service needs. During off -peak
service periods, road supervisors must be available to respond to an
investigation on-site within 30 minutes of a call requiring supervisor
investigation.
B.3.2. Service Provider will ensure that all supervisors who may be called to
investigate any on-road incidents have been properly trained and certified
to perform such duties. Supervisor training and certifications must be
submitted to and approved by the Contract Manager prior to performing
such duties.
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B.3.3. Service Provider will ensure that road supervisors actively monitor at least
1% of total monthly revenue hours per month.
B.3.4. Service Provider will ensure that qualified Dispatch supervisors are scheduled during all peak service periods to respond to high-volume call
periods, emergencies, service failures and to provide coaching and
guidance to call-center staff. During off -peak service periods, dispatch
supervisors must be available to respond to provide guidance and coaching
for emergent or unusual circumstances.
B.3.5. Road and dispatch supervisors will maintain and submit a monthly log that
includes daily events to include complaints, collisions, injuries, incidents,
on-road monitoring as well as any call-center monitoring activities.
B.4. Call Center: Trip Requests, Scheduling and Information
B.4.1. The Service Provider shall take trip requests from the designated Call
Center phone number between the hours of 8:00 am and 5:00 pm seven
(7) days per week. Trip requests must be taken between one (1) and
fourteen (14) days in advance of the requested trip date. Service Provider
shall provide adequate staff during these office hours and meet the
following criteria:
B.4.1.1. Calls shall be answered Monday through Sunday within three (3)
rings.
B.4.1.2. Service Provider shall provide Spanish speaking staff with
proficient oral comprehension and verbal speech skills for
Limited English Proficiency (LEP) customers as defined by Title
VI of the Civil Rights Act of 1964, Executive Order 13166 or shall
provide proficient on-demand translation services by a 3rd party
to be approved by Contract Manager.
B.4.1.3. There shall be no greater than an average weekly hold time of
two (2) minutes and no greater than a maximum hold time of
two and one half (2 ½) minutes on any service day.
B.4.1.4. Service Provider shall track and report on number of calls, hold
times and call lengths. This report shall be submitted to Contract
Manager on a monthly basis.
B.4.1.5. Trip requests shall not be taken before 8:00 am or after 5:00 pm seven (7) days per week under any circumstances except as
directed by Contract Manager
B.4.2. All trip requests must be taken and scheduled for eligible clients between
1 and 14 days in advance. See Dial-A-Ride Procedures, Attachment D.
B.4.2.1. The Service Provider shall ensure that every eligible trip request
is scheduled and that the trip is provided in order to maintain a
0% denial rate.
B.4.2.2. In the event that the Service Provider is unable to maintain a
0% denial rate, the Service Provider shall contact the Contract
Manager immediately.
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B.4.3. Service Provider shall ensure call takers are strictly following the trip
reservation procedures. See Dial-A-Ride Procedures, Attachment D.
B.4.3.1. Service Provider shall confirm all trip request information upon
each trip request to ensure accuracy.
B.4.3.2. Information to verify for each leg of trip:
• Client Name
• Phone number
• Pick up address
• Drop off address
• Requested pick up time
• Appointment time upon request
• PCA, if applicable
• Service animal, if applicable
• Number of guests, if applicable
• Fare amount due, if applicable
• Funding, if applicable
• Vehicle type exclusion, if applicable
• Mobility device, if applicable
B.4.4. Service Provider shall adequately manage and maintain subscription trips
to ensure that subscription changes are completed appropriately and shall
not create missed trips or no shows. Record keeping processes for
subscriptions are at the discretion of the Service Provider. However, the
format and content must be approved by the Contract Manager and shall
be available to Contract Manager or designee within two (2) hours of request. Service Provider shall ensure that increased subscription trips
have no negative impact on availability of trips scheduled on-demand.
B.4.5. The Service Provider must stamp the original requested time as stated by
the client. Under no circumstances is the Service Provider allowed to
change the client’s requested time.
B.4.6. The Service Provider may negotiate scheduled pick up times with clients
under the following criteria:
B.4.6.1. Negotiations may not exceed one hour before or one hour after
the original requested time
B.4.6.2. Negotiations may not be offered that would render a useless
trip.
B.4.6.2.1 If a client requests a drop off appointment, a
negotiation may not be offered that would exceed
that requested drop off time. Example: Client needs
to be at work by 10:00 am and requests a 9:15 am pick up. In this case, a 10:15 am negotiation would
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be rendered a useless trip and may not be offered.
The Service Provider must honor the client’s
appointment time of 10:00 am. However, a pickup
could be negotiated as early as 8:15 am in this
situation.
B.4.6.2.2 If a client requests a pickup no earlier than a
specified time, a negotiation may not be offered that
would require the client to be ready prior to their
earliest specified time. Example: Client finishes work
at 6:00 pm and requests a 6:15 pm pick up. In this
case, a 5:15 pm negotiation would be rendered a
useless trip and may not be offered. The Service
Provider must honor the client’s request to be picked
up no earlier than 6:00 pm. However, a pickup could
be negotiated as late as 7:15 pm in this situation.
B.4.6.2.3 Negotiations must be offered and documented using
tracker actions on the trip request itself noting the
employee name, date called, time called, and the
information offered.
B.4.6.2.4 Valid negotiations that are refused by the client shall
be marked booking subtype: REFUSAL and a
tracker action must be created with the reason the
client gave for the refusal.
B.4.6.2.5 Negotiations must only be offered once and no later
than one day before the day of the requested trip.
B.4.7. The Service Provider may not accept same-day trip requests and/or
additional trip legs except under the following criteria:
B.4.7.1. It is a trip that was an earlier no-show and the pickup location
for said trip was not the Client’s residence. This is to ensure that
no client will be “stranded” in a location outside their residence.
However, Clients who were a no show at their residenc e shall
not have their trip rescheduled for the same-day.
B.4.7.2. It is a trip that was an earlier medical delay. Medically delayed trips must have their return rescheduled within two (2) hours of
the call stating they are ready provided they are available for
return during regular service hours.
B.4.7.3. The trip was not honored due to Call Center staff error.
B.4.7.4. It is by order of Contract Manager
B.4.7.5. The Service Provider may not, under any circumstance,
prioritize trips by trip purpose, location, ethnicity, age, gender or
any other demographic measurements.
B.4.7.6. The Service Provider shall provide space for those clients who
require a Personal Care Attendant (PCA) upon client request at
no additional charge.
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B.4.7.7. The Service Provider shall schedule space for at least one full
fare paying guest (in addition to PCA if applicable) and shall
make space for as many guests as the client requests as is
deemed reasonable.
B.4.7.7.1 While this number cannot be assessed, a
reasonable example may be to add three total
guests if the trip could be accommodated without
displacing another client trip request.
B.4.7.7.2 An example of an unreasonable request may be if
the client requests that five (5) guests be
transported, thereby requiring a separate vehicle in
order to accommodate the trip.
B.4.8. The Service Provider shall take token orders from clients by phone and
shall distribute token orders on the client’s next scheduled trip (next day
service).
B.4.8.1. The Service Provider shall accept no more and no less than the
value of the token order.
B.4.8.2. The Service Provider shall ensure accurate accounting of token
order transactions.
B.4.9. The Service Provider shall maintain accurate records of all driver fare
reconciliation. The format must be approved by the Contract Manager and
shall be available to the Contract Manager within two (2) hours of request.
B.4.10. The Service Provider shall treat all trip records and client information as
confidential. Client and/or trip information shall not be disclosed to any
third-party or entity except in situations where a client has a designated provider who has written authorization to manage such client’s
trips. Disclosure of such confidential information for purposes other than
as strictly required to perform the services hereunder shall be a material
breach of the Agreement.
B.5. Daily Dispatching
B.5.1. Dispatchers shall ensure that drivers are collecting and accounting for fares
in accordance with established proper procedure, using DAR’s scheduling
software as trips occur.
B.5.2. Dispatchers shall ensure that drivers are arriving and performing properly
at all designated locations.
B.5.3. Dispatchers shall reschedule clients who have been medically delayed or
who have had a no-show trip that did not originate at their home.
B.5.4. Dispatchers shall monitor driver performance to ensure there are no
dropped or missed trips.
B.5.5. Dispatchers shall only authorize no shows and cancels at the door if the
driver has waited five (5) minutes at the location of the pick up as shown
by Automatic Vehicle Locator (AVL) tracking and in accordance with the
time stamp in the “Actual Arrive” field within the scheduling software.
Dispatchers shall make at least one attempt to contact the client by phone
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provided the information is available. Tracker action must be assigned
within the scheduling software, containing details of the interaction.
B.5.6. Dispatchers shall assign trips where the client called in less than one (1) hour of the trip reservation as a late cancelation. Tracker action must be
created within the scheduling software, containing details of the interaction.
B.5.7. Dispatchers shall actively review driver schedules throughout the service
day.
B.5.8. Dispatchers shall reschedule trips to alternate driver manifests where
appropriate to ensure excellent on-time performance.
B.5.9. “Service Operations Manager” shall actively review trends of missed trips,
late and/or early arrivals to ensure the following:
B.5.9.1. There are no trends of inadequate staffing and/or poor
scheduling during any recurring day of week and/or time period.
B.5.9.2. There are no trends of poor on-time performance by driver.
B.5.9.3. There are no trends of poor scheduling performance by
scheduler.
B.5.9.4. There are no trends of poor dispatching performance by
dispatcher.
B.5.9.5. There are no trends of inaccurate information relayed by
customer service agents/call takers.
B.5.10. Service Operations Manager shall actively monitor data to ensure that staff
does not change data without valid reason under any circumstances. All
data edited must also be accompanied by tracker actions within the
scheduling software marking the reason for the change as well as a
summarized monthly report accounting for changes made.
C. On Road Operations - Performance Standards
C.1. U se of Trapeze DriverMate mobile computing software
C.1.1. The City shall provide the Service Provider with a copy of the Trapeze
DriverMate policies manual. Drivers shall adhere to all policies and
procedures relating to the use of the tablet and Trapeze DriverMate mobile
computing software. Drivers shall push the “arrive” button when arriving to
a location. They shall push the “perform” button when departing from a
location. Drivers shall push “NS” button to request authorization thru
Service Provider Dispatch in order to request a “No-Show”.
C.1.2. All contract trips performed by the Service Provider shall occur on vehicles
designated with DriverMate tablets units to the extent possible. In the event
that the Service Provider is unable to perform a trip on a designated vehicle,
Service Provider shall request authorization from Contract Manager or
designee prior to performing the trip. There shall be no recurring trend of
inability to perform trips on DriverMate tablet-equipped vehicles. In the
event that an occasional trip is performed by paper manif est, the Service
Provider shall use forms provided by the City to record all pertinent
information and submit the forms to the Contract Manager on the next
business day. Complete documentation detailing why the trip was not
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performed on a DriverMate tablet-equipped vehicle shall accompany any
such trips.
C.2. Acceptable deviation from scheduled pick -up time: +/- 15 minutes
C.2.1. The driver is obligated to arrive at the pick -up location within 15 minutes of
either side of the scheduled pick -up time. The Service Provider shall
maintain this operating standard at or above a 95% level on a monthly basis
with no trends of on-time violations due to time period, date interval, client,
driver and/or scheduler.
C.2.2. Any pick -up time is considered outside the window if the driver arrives
earlier than 15:00 minutes prior to the scheduled pick -up time or if the driver
arrives at or later than 15:00 minutes after the scheduled pick -up time. In
the event a client has a sc heduled appointment time, the driver shall not
drop-off the client later than their scheduled drop-off appointment time. The
Service Provider shall be obligated to arrive at the first pick -up of the day
and the first pick -up after a scheduled break before the scheduled center
time. In the event arriving at the beginning of the window would disrupt a
group trip situation, the driver shall pick -up their client as per the estimated
pick -up time on the DriverMate tablet/Schedule Editor.
C.3. Required wait time for clients: 5 minutes
C.3.1. Upon arrival at the client’s pick -up location and after making an attempt to
contact the client, the driver is obligated to wait five minutes at that location.
Any special requests for additional wait time shall be relayed to the Service
Provider Dispatch center via DriverMate.
C.3.2. Once the “No-Show” request button has been activated, the client has not
appeared for boarding within the five-minute wait period and Dispatch has authorized a “No-Show”, the vehicle shall depart to the next pick -up.
Dispatch shall not authorize a “No-Show”, “Cancel at the Door” or “Medical
Delay” until the driver has been there for the complete five-minute wait
period. “No-Shows” and “Cancel at the Doors” are not charged against the
client if the wait period began outside the acceptable 15-minute deviation
from the scheduled pick -up time.
C.3.3. Authorized Changes to Schedule
All changes to the client schedule shall be pre-authorized by the Service Provider Dispatcher and appropriately logged; additional trip legs shall not
be added as per section C.4.7.
C.3.4. Maximum riding time in vehicles
C.3.4.1. The maximum time any client shall be required to spend on
board a vehicle shall be one (1) hour.
C.3.4.2. In addition, riding times must not exceed twice the length of a
similar trip which could be taken on fixed route transportation.
For example, if a passenger wishes to take a trip on paratransit
that could be performed on fixed route service in 15 minutes,
the total trip length on paratransit must not be greater than 30
minutes.
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C.3.4.3. The Service Provider shall not schedule manifests that do not
meet maximum riding time standards as defined herein and the
Service Provider shall adhere to this standard during its
operations.
C.3.4.4. If the Service Provider is unable to maintain the maximum riding
time standards defined herein, the Service Provider shall
immediately notify the Contract Manager or designee.
C.3.5. No “Hostage-Time”
The Service Provider may not have clients on board during slack time or
driver break time (“Hostage Time”). The Service Provider may only keep
clients on the bus and waiting while the driver is performing revenue service.
See following two (2) examples of “Hostage Time”:
C.3.5.1. Example 1: The driver has client “A” on board. They proceed to
pick -up client “B” who has a scheduled pick -up time of 10:00
am. The window does not open until 9:45 am. The driver arrives
at 9:35 am and waits for 10 minutes to contact client “B”. This
10-m inute wait is considered “Hostage Time”; which is not
permitted.
C.3.5.2. Example 2: The driver has a client on board at 1:00 pm. The
driver decides that they have not had a break all day and tells
the client that they need to stop and pick -up lunch. The driver
keeps the client on board while they conduct personal business;
such as making a purchase or consuming their lunch. All time
where the client was waiting for the driver to complete their
personal business is considered “Hostage Time”; which is not
permitted.
C.3.6. Drivers shall not use cell phones, use cell phone text messages or Bluetooth
devices while performing any contracted revenue service trips.
C.3.7. Drivers shall wear a uniform to be approved by the Contract Manager.
Uniforms shall be maintained in good repair and have a neat appearance
while in service. Drivers shall wear an ID badge, issued by the City indicating
the employee is a City contractor, with their photo on the badge that is in
plain view at all times while in service.
D. General Administration
The Service Provider is required to:
D.1. Operate the designated services according to DAR operating policies and
procedures.
D.2. Provide service in a manner which shall maximize safety and customer service.
D.3. Meet with the City on a regularly scheduled basis to assess service performance
and discuss any operational issues. The City may schedule additional meetings as
operational needs arise.
D.4. Investigate all complaints and provide the City with a monthly report, Service
Provider shall ensure that there is no more than one (1) complaint per 1,000 revenue
hours performed.
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D.5. Should an emergency occur within City of Fort Collins, City of Loveland, regionally,
or countywide requiring transportation of City of Fort Collins or City of Loveland
residents, it is expected that the Service Provider shall cooperate with the evacuation
under the command of the City’s Office of Emergency Management and direction of
the City at an hourly rate.
D.6. Cooperate with any marketing activities established by the City and distribute rider
service information as required.
D.7. Provide timely and priority communication to the Contract Manager regarding vehicle
and driver availability, schedule adherence and any other operational issues.
D.8. Have a suitable motor pool and maintenance facility for the provision of road
services.
D.9. Comply with the rules of Liquidated Damages as outlined in Section II.I: “Assessed
Liquidated Damages List and Fee Schedule.”
E. General Record Keeping Requirements
E.1. The Service Provider is required to:
E.2. Schedule rides and provide a copy of required documentation of additional trips as
per Section II, Paragraph B: “Paratransit Operating Standards”.
E.3. Collect, reconcile, and report all fares to the City (See section G : “Revenues”)
E.4. Recordkeeping, as well as responses to City communications, shall be facilitated in
a responsible manner. All responses to requests for information made by the City
shall be submitted within three (3) business days unless otherwise specified.
E.5. The DAR system requires that the Service Provider collect and maintain data for a
variety of purposes. A major portion of the data is transferred into reports required
by the City of Fort Collins. In all cases, data shall be maintained in an up-to-date
manner and available for review upon request by the City. If reports are late or data incomplete, the payment due to the Service Provider shall be withheld until such time
there is proper compliance.
F. Revenues
F.1. The fare system shall be determined by the City and administered by the Service
Provider per City guidelines.
F.2. There shall be no solicitation or acceptance of tips.
F.3. Fares shall be documented on forms approved by the City and the Service Provider
shall be accountable for all fares collected. Fare discrepancies shall be logged by drivers using DriverMate tablet. As stated in “General Recordkeeping
Requirements”, fare-collection reports shall be submitted to the City on the next
business day and shall include a detailed explanation for any fare discrepancies.
F.4. All trips shall require a fare except for trips which qualify for funding.
F.5. Fares shall be collected by the Service Provider, summarized and reported to the
City monthly.
F.6. The City will bill the Service Provider each month for all fares that were due to be
collected the previous month.
F.7. The Service Provider shall provide the Contract Manager with a written copy of its
RFP 9812 Paratransit Services Page 16 of 71
administrative procedures to account for fares collected by its drivers.
F.8. The Service Provider shall be responsible for the sale of tokens and collecting
revenue for such sales.
F.9. No-shows, cancels at the door and late cancellations shall not qualify for payment.
F.10. City Auditor(s) may at any time during the contract period change these
requirements deemed necessary to ensure adequate controls are in place to protect
the interests of the City.
G. Daily Records
The Service Provider shall reconcile fares on a daily basis and make these records
available to City staff upon request.
H. Monthly Invoice & Summary
The Service Provider shall record monthly the following information on the City’s approved
reporting forms:
H.1. Supervisor’s Log to include information divided by service area:
H.1.1. Complaint feedback ID or incident ID number assigned by the City.
H.1.2. Report shall log each complaint, collision, incident or injury and provide a
brief description of each.
H.1.3. Report shall include Service Provider’s employee name.
H.1.4. A summary of the investigation determination including the findings
H.1.5. Summary of the resolution of each complaint
H.2. By the 5th calendar day of each month, City staff shall provide the Service Provider
with a report of all potential liquidated damages from the previous month, including
copies of monthly road audits and requests to adjust data integrity reports where
needed.
H.3. Within 5 business days of receiving monthly audits and liquidated damages report, Service Provider will respond with comments to liquidated damages, including any
mitigating information.
H.4. Within 5 business days of receiving comments to liquidated damages from the
Service Provider, Contract Manager will then assess final liquidated damages and
shall provide the Service Provider with a report of all authorized charges. This report
will break out all authorized charges for the following services:
H.4.1. DAR and COLT Paratransit Services and will include but is not limited to the
following:
H.4.1.1. Total number of individual trips, by type: ambulatory and non-
ambulatory.
H.4.1.2. Summary of monthly fares to be billed to Service Provider
H.4.2. Foothills Gateway Shuttle service.
H.5. Monthly invoices will be submitted to the Contract Manager, by the Service Provider
no later than the 25th calendar day of each month; once these are received from
Service Provider, the City will then invoice Service Provider for fares for all services.
RFP 9812 Paratransit Services Page 17 of 71
H.6. The City reserves the right to request that the Service Provider submit additional
information when necessary. For all information requests that do not have assigned
deadlines per the contract, the Service Provider shall respond to requests for
additional information within seven (7) calendar days.
H.7. The Service Provider shall not unilaterally implement company policy that directly
impacts the system’s operation or is in conflict with its contract with the City without
prior discussion and approval by the Contract Manager or Manager’s designee.
I. Assessed Liquidated Damages List & Fee Schedule
In order to comply with the Americans with Disabilities Act of 1990 (ADA) and to provide
a high level of service, the City has developed the following schedule for the assessment
of liquidated damages (LD). The following rules shall apply to the assessment of liquidated
damages:
I.1. Assessing Liquidated Damages
Each potential LD shall be reviewed on a case by case basis prior to an LD being
assessed. As the City staff recommends LDs, the City Contract Manager shall review
the alleged violations with the processes outlined within the contract and make a
final decision whether an LD shall be assessed.
I.2. Routine Audits and Checks
I.2.1. Road Services
Contract Manager shall conduct random checks of road operations using City
staff to monitor trip performance. At the time of the check, the City staff
member shall identify themselves to the driver, require the driver to sign a
completed “Road Check” form and inform the driver of any LDs that are being
recommended. The driver must comply with this process. Service Provider
shall respond within five (5) days of receipt of a notice of assessment of liquidated damages. Service Provider shall have an opportunity to
demonstrate to the Contract Manager that it made all reasonable efforts to
comply with its contractual obligations and that its failure to comply was due
to circumstances beyond the control of Service Provider or any other person
for whom Service Prov ider is legally or contractually responsible. Based upon
such a demonstration, the Contract Manager reserves the right to reduce or
waive the liquidated damages at issue.
I.2.2. Call Center
Contract Manager or designee shall perform periodic and random checks of
data accuracy, call taking processes and ADA compliance at their discretion.
Monitoring periods may be by in-person monitoring as well as by requests to
review Service Provider call recordings. In addition, Contract Manager shall
ask to pull records for various accounting and performance processes as
dictated by the contract.
I.2.3. Safety and Training
Records of the driver and personnel qualifications, compliance, safety and
training specifically outlined in this contract shall be audited randomly and
upon request by Contract Manager or designee. At least one-hour notice
shall be given to Service Provider. It should be understood by both parties
RFP 9812 Paratransit Services Page 18 of 71
that State and Federal law prohibits the sharing of some personnel
information, and that information shall not be provided.
I.2.4. Fleet Services
City of Fort Collins Fleet Management shall require up to five (5) vehicle
reviews by City staff per month. Inspections may be done at the Transfort
Operations and Maintenance Facility located at 6570 Portner Drive, Fort
Collins, 80525, or on-site at the Vendor’s property, within 24 hours of request.
In addition, City Fleet Management shall coordinate site visits of equipment
and records once per year.
I.2.5. Complaints and Incidents
In addition to random checks and audits, complaints and incidents may
initiate follow up checks and audits for compliance of contractual obligations.
These audits may require Service Provider to provide audio and video
recordings for investigation. The Service Provider is required to use
Transfort’s customer feedback software to enter all customer-related
feedback.
I.3. Itemized Liquidated Damages Schedule
Liquidated Damages will be waived for the initial 90 days period for a new provider
only, if an incumbent is chosen Liquidated Damages penalties will be assessed.
CALL CENTER
Making reservation for wrong client or ineligible passenger $30
Failing to take any reservation between 8 am and 5 pm 7 days per
week $60
Making reservation for incorrect day $60
Changing eligibility conditions on booking without authorization from
eligibility department $60
Canceling wrong trip $60
Making reservation for location outside service area except for trips
from/to exempt clients’ home(s) $75
Offering negotiations greater than 1h from requested time $100
Failure to honor approved vehicle type exclusion $30
Allowing or scheduling for hostage time (As defined by On Road
Operations Performance Standards) $100
Offering same-day negotiations $60
Making ineligible same-day reservations $90
Failing to provide space for eligible PCA, guest or service animal $60
Improperly assigning a no-show $120
RFP 9812 Paratransit Services Page 19 of 71
Hold times greater than two minutes thirty seconds $30
Failure to provide proficient interpretation services for LEP individuals $60
Failure to follow Trip Request Script $30
Prioritizing trips by trip purpose or other demographic measurements $150
Making unauthorized changes to schedule $120
Unauthorized editing of trip information as provided by contract $120
Service denial $120
Failure to report customer feedback $60
ROAD OPERATIONS
Driving in an unsafe/illegal manner $180
Exceeding maximum ride times $60
Missed Trip (vehicle arrives and leaves outside the pickup window,
without the rider, includes failing to wait the required five (5) minutes) $120
Excessive Late Arrival (Arrival 16 minutes or more beyond the 15-
minute window) $90
Arriving prior to the beginning of the window without client request $30
Arriving after the pickup window has closed without client request $30
Failing to provide door to door service $60
Refusal to transport after arriving $60
Failure to properly secure mobility device $120
Failing to offer, or provide, assistance to passengers $30
Charging a customer more than the fare $120
Leaving vehicle unattended w/passenger on board except to assist
with another client $30
Odor of tobacco smoke on vehicle $30
Transporting wrong customer $30
Picked up/dropped off at wrong address $60
On-Time Performance – If Less Than:
95% monthly basis $100
93% monthly basis $200
RFP 9812 Paratransit Services Page 20 of 71
90% monthly basis $300
Trends shall be deemed material if there is a consistent weekly
pattern of three or more weeks in a row of on-time violations by:
Same Hour of Day $60
Same Day of Week $60
Same Client $60
Failure to notify of change in space type $30
Client hostage (defined by On Road Performance Standards) $60
Failure to comply with dress code $12
Failure to use, or incorrect use, of tablet $18
Use of cell phone and/or blue tooth while driving $60
FLEET SERVICES
Preventive Maintenance Inspection (PMI) – per occurrence (Failure to
perform on each vehicle within 2500 - 3500 miles prior to PMI) $60
Transfort Inspections – Downed vehicle/unsafe to drive $60
Transfort Inspections - Inspection follow up, failure to repair $120
Vehicle Repairs (failure to repair) $60
Vehicle Cleanliness (failure to comply) $30
Failure to turn in vehicle for inspection by requested time within 12
hours of original requested time $30
Incomplete or inaccurate vehicle maintenance records $60
Vehicle maintenance records not corrected following audit $120
SUPERVISION, PERSONNEL, TRAINING AND GENERAL
Failure to submit reports by required time $30
Failure to submit monthly billing/invoices by required time $60
Failure to provide road supervision $120
Failure to conduct investigations to standards $120
Failure to provide follow -up, corrective or new hire training $120
Incomplete or inaccurate qualification, compliance, and drug testing
files for independent contractors and/or employees $60
RFP 9812 Paratransit Services Page 21 of 71
Files for employees and/or independent contractors not corrected
following audit $120
Failure to comply with drug and alcohol testing requirements $120
Due to the critical and federally -required nature of paratransit service, the Services
Agreement with the awarded Vendor will not include a Service Provider termination for
convenience clause.
III. SCOPE OF SERVICES - FOOTHILLS GATEWAY SHUTTLE
The Service Provider shall operate the Foothills Gateway Shuttle (herein referred to as “FHG”)
in accordance with the following terms and provisions. The below provisions apply solely to the
FHG program.
A. Americans with Disabilities Act (ADA) Service Exemption
Qualified passengers utilizing the FHG shall qualify as ADA passengers. However, ADA
Complementary Paratransit Service requirements do not apply.
B. Qualified Passengers
All passengers participating in the FHG program will also be active DAR passengers.
Additionally, coding will be added to Trapeze PASS software to ensure Service Provider
schedulers clearly understand which passengers qualify for this service.
C. Scheduling
C.1. The Service Provider shall collaborate with the Foothills Gateway Transportation Coordinator to set-up subscriptions for the manifests. Due to the limited nature of
the service, frequent changes to the manifest are not permitted.
C.2. The Service Provider shall collaborate with the Foothills Gateway Transportation
Coordinator to schedule alternatives in the event of cancellations on a case-by -case
basis to ensure optimization of resources.
C.3. Service Provider shall not be permitted to extend revenue service hours beyond
seven (7) hours total including all four (4) trips per day without prior authorization
from the City Contract Manager.
C.4. Subscriptions will only be made and negotiated by the Service Provider and the
Foothills Gateway Transportation Coordinator or other designated staff. To avoid
confusion, families and host home providers shall not be authorized to cancel or add
to the manifest.
D. Daily Trips
D.1. The Service Provider shall operate two (2) vehicles provided by the City Monday
through Friday. Each vehicle will operate one (1) trip in the morning and one (1) trip
in the afternoon for a total of four (4) trips per day. The total revenue trip time will be
variable depending on traffic, passenger boarding and other normal transportation
variables.
D.2. Daily trips shall be coordinated directly between the Service Provider and the
Foothills Gateway Transportation Coordinator. The passenger manifest shall be
RFP 9812 Paratransit Services Page 22 of 71
provided exclusively by the Foothills Gateway Transportation Coordinator. No
scheduling activities shall take place between the Service Provider and passengers,
families, or host homes. All questions by passengers, host-home providers,
guardians and families regarding scheduling will be directed to the Foothills Gateway
Transportation Coordinator.
D.3. Trip times and passenger pick -up “Requested Times” will be coordinated between
the Service Provider and the Foothills Gateway Transportation Coordinator.
D.4. Drivers shall pick -up passengers who are on the manifest on their DriverMate tablet.
Any additional passengers must appear on the DriverMate manifest. Any requested
additions at the pick -up locations must be approved by the Service Provider
Dispatch. Only passengers who are participants in the FHG program shall be
transported. Dispatchers will have access to this information in Trapeze PASS.
D.5. Drivers shall assist passengers from the residence and Foothills Gateway
designated door to the vehicle and from the vehicle to the door, providing the same
level of “door-to-door” assistance as required by Section II, Paragraph B, Paratransit
Operating Standards.
D.6. Drivers shall assist and ensure that ambulatory passengers are safely in their seats
and have their seatbelts secured.
D.7. Drivers shall assist and ensure that non-ambulatory passengers have four (4)
wheelchair securements properly secured from their wheelchair to the vehicle and
that the seatbelt and shoulder strap are properly in place. Shoulder straps must be
offered to the passenger and are at the passenger’s discretion. If the driver believes
there is a safety issue for a passenger who cannot sit upright or lacks control of their
upper body, a shoulder strap shall be secured.
D.8. Each trip to or from Foothills Gateway will have a designated door for the drop-off location and shall be coordinated between the Service Provider and the Foothills
Gateway Transportation Coordinator. This location will appear on the driver’s
DriverMate Tablet. Drivers shall assist passengers to and from the designated door
and inform Foothills Gateway staff at the door that they are dropping off passengers.
It is highly recommended, but not required that Service Provider Dispatch call ahead
to Foothills G ateway to inform staff of the estimated time of arrival to and from
Foothills Gateway to help prepare Foothills Gateway staff to assist the driver.
E. AM T rips
E.1. AM trips are expressly intended to pick -up passengers from their place of residence
and drop them off at Foothills Gateway. Except for emergencies, no diversions from
this intent shall be allowed without prior authorization by the City.
E.2. Drivers are not permitted to arrive at passenger residences prior to the beginning of
the 15-minute pick -up window.
E.3. Drivers shall wait for a maximum of five (5) minutes at each pick -up location. This
five (5) minute window begins when the driver pushes the “arrive” button on the DriverMate tablet. The driver must attempt to make contact at the door of the
passenger’s residence. If the driver does not make contact or if the passenger has
not exited their residence within five (5) minutes, the driver will push the “No Show”
button on the DriverMate tablet and depart for the next location. Drivers shall not
return to pick -up passengers who were determined to have been a “No Show”.
RFP 9812 Paratransit Services Page 23 of 71
E.4. Drivers shall transport all passengers to Foothills Gateway with no interim stops
other than to pick -up designated individuals on the manifest.
F. PM T rips
F.1. PM trips are expressly intended to pick -up passengers from Foothills Gateway and
drop them off at their place of residence. Except for emergencies, no diversions from
this intent will be allowed without prior authorization by the City.
F.2. Passengers on each trip manifest will have a common “Requested Time” for their
pick -up. Drivers for each trip will arrive at Foothills Gateway at the beginning of the
pick -up window for their manifest.
F.3. Drivers will wait until passengers have begun to exit the facility. Once drivers have
boarded all passengers from their manifest who have left the facility, the driver shall
wait an additional five (5) minutes from the time of the last passenger who has
boarded. Drivers will mark any passengers who have not boarded within that five
(5) minute period as a “No Show” on their DriverMate tablet. In the event there is a
pattern of group “No Shows” this will be reported to the City Contract Manager within
one (1) week so steps can be taken to coordinate with Foothills Gateway and the
Service Provider to help avoid further “No Show” trends.
F.4. Drivers will transport all passengers to their residences with no interim stops other
than to pick -up designated individuals on the manifest.
G. Leased Vehicles
G.1. The City will lease the following four (4) vehicles to the Service Provider to use for
FHG program at a rate of $50 per vehicle per year.
G.1.1. Unit 20412 – 2019 Ford Senator E450 VIN 1FDFE4FSXKDC52812
G.1.2. Unit 20413 – 2019 Ford Senator E450 VIN 1FDFE4FS1KDC52813
G.1.3. Unit 20414 – 2020 Ford Senator E450 VIN 1FDFE4FS2KDC69216
G.1.4. Unit 20415 – 2020 Ford Senator E450 VIN 1FDFE4FS4KDC69217
G.2. The City shall provide fuel for leased vehicles under this program.
G.3. Lease Maintenance Criteria
G.3.1. Service Provider will develop and maintain a written Vehicle Maintenance Plan
for Leased Vehicles in accordance with FTA standards for Federally funded
vehicles and equipment per FTA C. 5010.1E
G.4. Propane Fuel for Leased Vehicles
G.4.1. The City will provide the Service Provider with fuel necessary to perform the services for vehicles in service under this Agreement. The Service Provider will
fuel its vehicles at the City’s propane fueling station located at 835 Wood Street,
Fort Collins, CO. The City will be responsible for all fueling costs, including tax.
Under no circumstances, may the Service Provider use City provided fuel in
vehicles for any work not specifically contemplated in the Agreement or any
subsequent Amendments. In the event the Service Provider violates these terms,
the Service Provider shall have its’ access to City fuel revoked and all fuel costs
will become the sole responsibility of the Service Provider.
G.5. Major Repairs to Leased Vehicles
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G.5.1. The City agrees to facilitate and incur the cost of major repairs to all vehicles
leased from the City specifically for the provision of this service. Major repairs
include but are not limited to the engine and other drive train components of the
vehicle. The City will not incur any cost or facilitate repair of any vehicle when said
repairs are warranted due to the actions of a driver, due to a lack of regular
preventative maintenance, or due to improper maintenance performed by the
Provider.
Major repairs will be approved by Contract Manager before said repairs
commence. It is understood that the City will perform repairs at their facilities, but
may, at the discretion of the Contract Manager, authorize the Service Provider to
perform the major repair and invoice the City appropriately. The Service Provider
agrees to pay the first $1,500 in repairs per incident per vehicle. The Service
Provider’s total responsibility for repairs shall be limited to $5,500 net per vehicle
per year. Any repair ex penses greater than the limits set forth herein for the
Service Provider shall be paid for by the City.
In the event that the City authorizes the Service Provider to perform a major
repair, Service Provider will provide a detailed cost estimate using an hourly labor rate not to exceed $105 per hour to the Contract Manager for approval prior
to performing the repair.
In the event that a major repair to a leased vehicle is warranted, and that repair
will remove the vehicle from service for more than seven days, the City will
provide a replacement vehicle to be used for service under this contract until the
leased vehicle has been returned to service.
The City has the right to perform the work and charge a deductible of $1,500 per
repair event for the repairs up to the Service Provider’s annual limit of $5,500 per
vehicle.
G.6. Lease Return Criteria
G.6.1. A thorough inspection shall be made on each vehicle and existing damage
will be noted and placed on file, signed by the Lessee as well as City staff.
Below are examples of excess wear and tear:
G.6.1.1. Interior
G.6.1.1.1 Any burn holes Tears greater than one-inch (1”)
G.6.1.1.2 Any stains that cannot be removed
G.6.1.1.3 Cigarette smoke odor (No smoking allowed inside the
vehicles)
G.6.1.2. Exterior
G.6.1.2.1 Damage to frame structure that affects the integrity of
the vehicle
G.6.1.2.2 Scratches that go through the paint
G.6.1.2.3 Two or more dings per panel
G.6.1.2.4 Dents greater than two-inch (2”) diameter
G.6.1.2.5 A cracked, pitted or broken windshield
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G.6.1.2.6 Lights, turn signals, and lamps with broken lenses
G.6.1.3. Tires
G.6.1.3.1 Tire tread depth of less than 3/32”
G.6.1.3.2 Tires that do not meet manufacturer’s guidelines for safe
operation or that are incorrect in size or weight rating
G.6.1.4. Mechanical
G.6.1.4.1 Mechanical or electrical malfunctions-all components
shall be in good mechanical condition, no fluid leaks will
be allowed.
G.6.1.4.2 Inoperable, missing or broken equipment or poor repair
of any damage is also considered excess wear and use.
G.6.2. Upon vehicle return and inspection, any parts and services required to repair
damage that is considered to be in excess of normal wear and tear will be
completed by the City and the Service Provider will be invoiced actual costs.
G.7. Vehicle Configuration
Paratransit vehicles (Body -on-chassis/cutaways) provided by the City shall be used
solely for the FHG program, unless emergent need arises for the DAR or DAT
service. In the event that these vehicles are needed for an emergent purpose, the Service Provider must track and report the following for the alternate mode(s) used:
total mileage, revenue mileage, total hours and revenue hours. The current
configuration for these vehicles is variable depending on mobility needs. The Service
Provider shall collaborate with the Foothills Gateway Transportation Coordinator to
optimize space and reach capacity in order to transport the largest number of
passengers permitted within the below stated vehicle capacity. The City Contract
Manager will review space utilization to ensure program optimization. The following
configurations are available for each vehicle:
Ambulatory Non-Ambulatory Total Passengers
14 0 14
12 1 13
10 2 12
H. Fares
Payment for applicable passenger fares will be paid by Foothills Gateway directly to the
City. No fare payment will be made to the Service Provider’s driver. DriverMate manifests
will reflect “No Fare” for all passengers.
I. No Shows
Due to the limited nature of the service, drivers shall not be permitted to return for
passengers deemed “No Shows”. It will be Foothills Gateway sole responsibility to make
arrangements with families and host home providers to provide transportation for
passengers who are “No Shows”.
J. Personal Care Assistants (PCAS) and Guests
Personal Care Assistants (PCA) and guests will be permitted and handled in accordance
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with Sections II, Paragraph B, Paratransit Operating Standards, respectively. PCAs and
guests must appear on the driver’s manifest and must be scheduled exclusively through
the Foothills Gateway Transportation Coordinator.
K. Special Needs
Passengers will have special needs. If passengers demonstrate a safety risk to
themselves or others during the boarding, disembarking or transportation process, the
Service Provider will need to indicate that to the City Contract Manager and inform the
Foothills Gateway Transportation Coordinator. If risky behavior continues, the City will
collaborate with Foothills Gateway to facilitate a replacement with a passenger better
suited for public transportation.
L. Meetings
The City Contract Manager will meet with the Service Provider Contract Manager on a bi-
weekly basis or as otherwise mutually agreed to ensure quality provision of service.
Customer service complaints, scheduling concerns, maximization of services rendered
and any miscellaneous issues that arise will be discussed. The Foothills Gateway
Transportation Coordinator will be included in these meetings as needed to ensure service
provided is consistent with the requirements herein.
M. T echnical Procedures
Dispatching and scheduling procedures in Trapeze PASS will be determined
collaboratively between the City Contract Manager and the Service Provider Director of
Operations prior to “Go-Live”. Documentation will be outlined during this process and will
be on file at both the City and Service Provider.
N. Payment of Service
Payment by the City to the Service Provider shall be based solely on revenue service
hours. Revenue service hours will be variable depending on normal transportation variables such as but not limited to traffic, dwell times, etc. Each trip is anticipated to be
approximately 90 minutes. While revenue service hours will be variable, the intent of this
program is to provide a minimum of six (6) hours and maximum of seven (7) hours of
revenue service per day. Revenue service begins upon arrival of the first pic k-up and ends
upon departure of the last drop-off. This revenue time will be accounted for using Trapeze
PASS, City transit software. Payment of revenue hours will be based on the revenue hours
calculated in Trapeze PASS and will be summarized in a monthly authorized charges
report.
O. Liquidated Damages
The Foothills Gateway Shuttle program shall be subject to liquidated damages referenced
in Section II.I.3 as applicable.
RFP 9812 Paratransit Services Page 27 of 71
IV. UNIVERSAL REQUIREMENTS FOR BOTH ADA COMPLEMENTARY PARATRANSIT
AND FOOTHILLS GATEWAY SHUTTLE
A. Personnel Requirements
A.1. Driver Pre-hire Qualifications
A.1.1. DMV Record Check
A.1.1.1. The Service Provider shall perform a Department of Motor
Vehicles (DMV) records check for all prospective drivers prior to,
but no more than 30 days before, date of hire.
A.1.1.2. For existing staff, a current DMV record (within the past 365 days)
shall be on file. If a driver was, or is, found to be at fault for any
incident that would prohibit that driver from maintaining a
Commercial Driver’s License (CDL), whether or not the driver
holds one, the driver is no longer eligible to perform duties under
this contract. Failure to immediately remove an ineligible driver
from driving duties may be considered breach of contract.
A.1.1.3. Service Provider shall conduct DMV record checks on all drivers
annually and provide the City with copies of the report.
A.1.2. Criminal History
A.1.2.1. The Service Provider shall perform a criminal history
background check on all present and prospective employees
and/or independent contractors who shall be assigned to driving
duties under this contract prior to, but not more than 30 days
before, date of hire. All drivers shall have a clean criminal history
with no felony convictions. Other misdemeanor criminal
convictions that would disqualify an employee include, but are
not limited to:
A.1.2.1.1 Any offense that requires registration of a sex offender
A.1.2.1.2 Any driving under the influence of drugs or alcohol violation within the past
three (3) years
A.1.2.1.3 Any offense of violence by a person in a position of trust.
A.1.2.2. The Service Provider shall make all criminal background checks
for all drivers who perform duties under this contract available to
the City.
A.1.3. Substance Abuse
The Service Provider is required to abide by City of Fort Collins Personnel
Policies and Procedures 8.19: City of Fort Collins Transit System - Substance Abuse Policy (In Compliance with FTA Regulations) and 49 CFR Part 655
(Attachment E).
RFP 9812 Paratransit Services Page 28 of 71
A.2. The Service Provider shall provide education to safety -sensitive employees and/or
independent contractors, perform all required tests maintain records and submit
reports in compliance with the Substance Abuse policy and 40 CFR Part 655. The
Service Provider shall also comply with all policy changes when notified of such by
the City. Education and testing records shall be maintained and made available for
review by the City or any other person or entity so authorized by law. Failure to
maintain compliance with these substance abuse regulations may result in an
immediate termination of this contract.
A.3. Within ten (10) days prior to the renewal of the Contract, the Service Provider shall
furnish the City with all information required by the City to document that the
employees and/or independent contractors meet all requirements of the contract.
The City reserves the right to disqualify any driver from performance of service under
this contract.
B. T raining
Service Provider shall maintain a comprehensive training program for all employees
and/or independent contractors who provide service under this contract. The training
program shall ensure that employees and/or independent contractors who provide service under this contract are trained in accordance with all municipal, county, state and federal
regulations.
B.1. Training Curricula: The comprehensive training program shall include, but not be
limited to the following:
B.1.1. Passenger Service and Safety (PASS) certification
B.1.2. Defensive Driving
B.1.3. Substance Abuse (minimum of one-hour training)
B.1.4. Reasonable Suspicion Training for Substance Abuse (minimum of two-hour
training, Supervisors only).
B.1.5. Sexual Harassment Prohibited
B.1.6. Safety Hazard Identification & Reporting
B.2. Trainers: Trainers of Passenger Service and Safety (PASS) and Defensive Training
shall be certified instructors. These certifications shall be kept current during the
contract period. The Service Provider shall maintain a record of each trainer’s name
and certifications, as well as a copy of each certification.
B.3. Development of Training Plan: The Service Provider shall provide all employees
and/or independent contractors assigned to duties under this contract the above-
listed training. The Service Provider shall provide the City with the name of the
person responsible for managing the Training Program and describe the manner in
which training records are maintained. All new hires of Service Provider shall receive
all required training prior to being placed into revenue service or performing any
duties under this contract.
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B.4. Training Records: Service Provider shall maintain a training record which notes each
driver’s training including the date, time, training location, trainer’s name, and training
received. Training records shall be maintained and made available for review by the
City or any other person or entity so authorized by law.
C. Other Requirements
C.1. Each driver shall possess and maintain a valid Colorado driver’s license as required
by law. The requirement for drivers to hold a CDL is waived for the FHG program. At
Service Providers discretion a larger bus may be operated with a qualified CDL
operator.
C.2. Service Provider shall supervise drivers and monitor their performance. Any driver
found to be jeopardizing the safety or well-being of a DAR, COLT or FHG passenger
or member of the public shall be immediately removed from provision of service
under this contract. Failure to do so is grounds for immediate cancellation of this
contract.
C.3. Service Provider is required to maintain a list of qualified substitute drivers so that
absenteeism does not affect service provision.
C.4. Service Provider is required to maintain a Driver Qualification File, as per Federal
Motor 6.5 Carrier Safety Regulations, for each employee who possesses a
Commercial Driver’s License and performs duties under this contract.
C.5. A roster of all drivers who shall be performing service through this contract shall be
kept current and provided to the City. This roster shall include the drivers’ first and
last name.
C.6. Drivers shall be properly trained to operate the vehicles they are driving including the
use of lifts.
C.7. Service Provider shall be required to comply with City of Fort Collins Personnel
Policies and Procedures 8.4: Computer Security and Acceptable Use and 8.5:
Personal Use of Equipment, Supplies, and Internet Access (Attachment E).
C.8. Contract Manager may suspend any Service Provider employee or independent
contractor from the Dial-A-Ride or FHG program with 24-hour notice without cause.
C.9. Contract Manager may terminate any Service Provider employee or independent
contractor from the Dial-A-Ride or FHG program with one-week written notice
without cause.
D. Fleet Management
D.1. The Service Provider is required to:
D.1.1. Provide all necessary vehicles to provide service for ambulatory and non-
ambulatory passengers for ADA Complementary Paratransit Service.
Vehicles will be leased to Service Provide for FHG Program.
D.1.2. Maintain vehicle records to include pm service intervals, history, checklists,
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and repairs from daily vehicle inspection defects. Maintain all ADA equipment
according to the manufacturer’s guidelines. PM services shall be performed
within 10% of the scheduled interval.
D.1.3. Maintain all tablet related equipment in good working order and maintain
proper connectivity.
D.1.4. Maintain proper insurance (see Insurance section of this RFP).
D.1.5. Provide necessary fuel, spare parts and supplies at the Service Provider’s
expense for all Service Provider owned vehicles and provide spare parts and
supplies for all leased vehicles unless otherwise provided for.
D.1.6. Provide necessary fuel for vehicles owned by the Service Provider. In the
event of an excessive increase in fuel costs, a fuel surcharge may be
negotiated between the City and the Service Provider.
D.1.7. Provide necessary maintenance for two-way radios.
D.1.8. Notify the Contract Manager when adding or removing vehicles from service
under this contact.
D.1.9. Develop and maintain a written Vehicle Maintenance Plan in accordance with
FTA standards for Federally funded vehicles and equipment per FTA C.
5010.1E
D.1.10. Provide a maintenance facility with the proper tools and equipment needed
to safely maintain the fleet. The facility, equipment, and vehicle records shall
be available for inspection by City staff upon request.
D.1.11. Employ sufficient number of fleet maintenance personnel in order to
maintain vehicles in a state of good repair while avoiding unnecessary
downtown due to insufficient staff.
D.2. The Service Provider shall provide all vehicles and, at its cost, shall ensure that all
vehicles meet the following standards:
D.2.1. Provide sufficient, safe and suitable vehicles capable of meeting all service
requirements. Service Provider supplied vehicles need not be new; however,
vehicles shall meet all other criteria to be suitable to accomplish the
objectives indicated.
D.2.2. The Service Provider shall have an adequate spare vehicle ratio and an
established procedure to provide backup vehicles immediately as needed.
D.2.3. Each vehicle shall have functioning and adequate air -conditioning and
heating for passenger comfort. Such systems shall be maintained in good
working order.
D.2.4. Each vehicle shall have a functioning two-way radio.
D.2.5. Each vehicle shall have a functioning tablet compatible with Trapeze
DriverMate mobile computing software with both Data and Automatic Vehicle
RFP 9812 Paratransit Services Page 31 of 71
Locator (AVL) antennae intact.
D.2.6. All vehicles shall be kept in a safe and clean condition, both interior and
exterior. At a minimum, vehicle exteriors are to be thoroughly washed no less
than once per week or sooner if condition warrants cleaning. The City
reserves the right to inspect vehicles before or during operation on any day.
Any vehicle failing to meet standards shall be immediately brought up to
standards or a suitable replacement put into immediate service.
D.2.7. Vehicles shall have a minimum capacity of 3 passengers.
D.2.7.1. Vehicles shall also have sufficient cargo space for walkers, canes,
4 bags of groceries, etc.
D.2.7.2. In addition, there shall be sufficient wheelchair accessible
vehicles provided in order to transport non-ambulatory
passengers. Non-ambulatory passengers may account for up to
one-third (1/3) of all ridership during all service hours.
D.2.8. Wheelchair accessible vehicles shall have no less than four (4) wheelchair
securements and must meet approval by the City prior to use. Securements
per wheel chair space shall also contain approved lap and shoulder belts.
D.2.9. Wheelchair securements shall be kept clean and in good repair and are
subject to inspection by City maintenance staff.
D.2.10. The Service Provider shall perform a daily inspection of all vehicles,
preventive and routine maintenance and timely repairs so as to minimize
vehicle down time. This shall include, but not be limited to brakes, windshield
wipers/washers, operational windows, tires, electrical systems, and exhaust.
Pre-and post-trip inspections shall be performed consistent with U.S.
Department of Transportation (DOT) regulations.
D.2.11. Each vehicle shall be equipped at a minimum with an approved fire
extinguisher, emergency reflective triangles and an approved biohazard kit.
D.2.12. All vehicles shall have company identified and include DOT and Public
Utilities Company (PUC) markings when appropriate.
D.2.13. Each vehicle shall be appropriately registered, licensed, and insured in the
State of Colorado and shall comply with all re-inspection requirements. Each
vehicle shall comply with all requirements of the State of Colorado and the
Front Range emission standards. All vehicles shall be inspected periodically
by the City.
D.2.14. Vehicles assigned to revenue service under this contract may not be used
to perform other work at the same time (i.e. Service Provider may not place
clients of DAR, COLT, or FHG with other passengers outside the scope of
this contract).
D.2.15. The Service Provider shall provide a current roster of all vehicles being
utilized for revenue service in the DAR program. This roster shall contain a
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listing of ambulatory and non-ambulatory seating capacity. The Service
Provider shall notify the City of any changes to this roster.
E. National Transit Database (NTD) Reporting
E.1. The City submits annual transit reporting information to the National Transit
Database (NTD) and will rely on the Service Provider to supply data as required by
NTD for contractual relationships. Full reporting requirements are defined each
Report Year in the NTD Policy Manual (to be supplied upon request by the City
Contract Manager).
E.2. Service Provider is required to submit requested data to the City Contract Manager
annually by February 28.
F. Collision, Passenger Injury, and Incident Reporting
F.1. Collision: A collision is defined to include any contact between a Service Provider’s
vehicle and another moving or stationary object or pedestrian while a DAR or FHG
client is entering, leaving or in said vehicle.
F.2. Passenger Injury: A passenger injury is defined to include any time a DAR or FHG
passenger is hurt or suspected of being hurt while such client is in, entering or
leaving Service Provider’s vehicle, or while the client is in the care of the Service
Provider, its designee or employees and/or independent contractors.
F.3. General/Bystander Injury: A general/bystander injury is defined to include any time
a person who is not a Service Provider employee or a DAR or FHG passenger is
hurt or suspected of being hurt while such person by a vehicle operated by the
Service Provider during revenue service.
F.4. Incident: An incident is defined to include arguments and/or unacceptable or
offensive conversations or behavior, regardless of who initiates said behavior or
conversations, or other action that does not result in any “real” or suspected injury
to a client or property.
F.5. All collisions and incidents shall be reported to the City within (one) 1 hour, by
contacting Transfort Dispatch at (970) 224-6095. Any serious incidents resulting in
injury and/or persons are transported to a hospital shall be reported verbally to City
Contract Manager immediately. A complete and written report shall be submitted
within 3 business days, utilizing the “Investigating Supervisor’s Collision or Injury
Report” form (Attachment F). Reports may be submitted in either electronic or hard
copy form , to City Contract Manager.
F.6. The Service Provider shall provide the City with a detailed explanation of its
procedures for the following:
F.6.1. Vehicle collision/passenger injury response
F.6.2. Collision/Injury Investigation
F.6.3. Determination of Preventability
RFP 9812 Paratransit Services Page 33 of 71
V. SCOPE OF SERVICES – “DIAL-A-TAXI” VOUCHER PROGRAM
The intent of the Voucher Program is to help offset the costs of taxi trips for eligible DAR and
COLT passengers and to expand the services available to American with Disabilities Act
(ADA) eligible passengers beyond the service required by the ADA.
Taxi trips are expressly regulated by the Colorado Public Utilities Commission (PUC) and as
such, the City does not claim regulatory authority over the governance or operation of taxi
service. This arrangement will allow the City to fund a portion of the P UC meter rate for
normal taxi trips provided by the Service Provider. While the City will only pay for services
that meet the stated criteria for eligible trips, the City makes no claim or guarantee to enforce
service availability. However, the Service Provider shall collaborate with the City in its
marketing campaigns, outreach and operational procedures to help encourage the utilization
of the budgeted funds available to eligible passengers.
It is important to note that the City’s relationship to the Service Provider only applies to the
subsidization of the trips. The City is not requesting the operation of a new service but rather,
to accept the City’s subsidy for normal taxi service.
A. Eligibility
A.1. Passengers who are active DAR or COLT clients regardless of ADA status will be
eligible to participate in the Voucher Program.
A.2. Trips must originate within the DAR or COLT service area. Trips returning to the
service area must be linked to a trip that originated from within the service area.
B. Reservations
B.1. There will be a daily limit on the number of vouchers that can be used. This number
will be periodically adjusted by the City based on utilization. The City will supply the
Service Provider with a dynamic report to access the daily limit.
B.2. Passengers calling in to reserve a trip using the Voucher Program will do so on a
first come, first serve basis. Once the daily limit for the day of the request has been
reached, no more reservations may be made using the Voucher Program for that
day.
B.3. There are no limitations on negotiations of pick -up times; this will be at the
discretion of the Service Provider.
B.4. Reservations will be made by calling the DAR reservation line from 8:00 am to 5:00
pm Monday through Sunday. Reservation requests made via voicemail do not
guarantee availability. However, service is first come, first serve and earlier
requests will have a higher priority than later requests.
B.5. Passengers may call to request service between 8:00 am and 5:00 pm the day prior
to service or on the day the trip is needed.
B.6. Ambulatory and non-ambulatory passengers may make requests for service
utilizing the Voucher Program. While not required, it will be recommended to non-
ambulatory passengers to make reservation requests at least a day in advance to
ensure accessible vehic les are available.
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B.7. Subscription trips will not be allowed.
B.8. The Service Provider shall use Trapeze PASS, City Transit Software to log trip
requests. Schedule trip pick -up and drop-off times, cancellations and odometer
readings will be manually entered by Service Provider Dispatchers into Trapeze
PASS.
B.9. Vouchers may be used any time the Service Provider has taxi trips available,
twenty -four (24) hours per day, seven (7) days per week as long as requests were
made within the prescribed times outlined.
B.10. The Service Provider agrees to waive the PUC sanctioned “Additional Passenger”
rate for Personal Care Assistants (PCA’s) and up to one guest.
B.11. The Service Provider shall waive the PUC sanctioned “Clean Up Charge”.
C. Voucher Methodology
C.1. Voucher coupons will be supplied by the Service Provider and will include:
C.1.1. Date
C.1.2. Customer Name
C.1.3. Customer Signature
C.1.4. Pick -Up Address
C.1.5. Drop-Off Address
C.1.6. Driver Name
C.1.7. Driver ID
C.1.8. Cab Number
C.1.9. Mileage of Trip
C.1.10. Pick -Up Time
C.1.11. Drop-Off Time
C.1.12. Confirmation Number
C.1.13. Meter Amount
C.1.14. Subsidized Amount
C.1.15. Token Amount
C.1.16. Remained Balance Owed (By Passenger)
C.1.17. Account Number
C.2. Service Provider shall fill-out the coupon in its entirety and ensure that the passenger
signs in the “Customer Signature” field. Signatures will be reviewed by City staff for
validity in order to ensure services were delivered.
C.3. The City will pay the Service Provider $20.00 to subsidize the trip, and go towards
RFP 9812 Paratransit Services Page 35 of 71
the taxi meter. Any additional charges beyond $20.00 will be paid by the passenger
at the time the trip takes place Passengers are allowed to use Dial A Taxi for Round
Trips, in which instance two (2) vouchers would be utilized to subsidize the Round
Trip.
D. Cancellation, No Show Policy and Suspensions
Cancellations, “No Shows” and suspensions will be tracked in Trapeze PASS for reporting
purposes. The Service Provider shall apply its normal service policies and will be handled
between the passenger and the Service Provider.
E. Billing
E.1. The Service Provider shall submit the completed and signed vouchers to City staff on
a monthly basis for review and validation.
E.2. The City Contract Manager will discuss any questionable signatures with the Service
Provider Contract Manager.
E.3. Upon validation of each voucher, the City will submit an “authorized charges” report
to the Service Provider at the beginning of each month for the previous month.
E.4. The Service Provider will invoice the City for the full amount of the subsidy ($20.00)
for each validated trip provided.
VI. OPTIONAL SERVICES
A. GET TRANSITION
Transition and Startup for GET and Optional Services
In the event the GET option is implemented, the Service Provider will initial the service
within 30 days’ notice. The Service Provider’s local team will be supported by other
corporate and regional resources as necessary to complete the transition on time and
without incident
Transition Plan
Service provider will mobilize resources quickly to respond to increases in service and City
proposed service options. The Service provider is committed to work with the City and
GET to determine the most optimal mix of vehicles.
Prior to beginning the GET service or other optional services, the parties will participate in
a kick-off meeting to establish effective communications between the City, GET, and the
Service Provider team. At GET’s option, Service Provider shall participate in meetings with
the public as reasonably requested. In addition, the parties shall schedule regular
meetings to communicate progress and resolve any issues and concerns throughout
transition/start up, and term of the Agreement.
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VII. GENERAL PROPOSAL INFORMATION & GUIDELINES
A. Minimum Qualifications
A.1. Service Providers must meet the minimum requirements in order for their proposal to be considered responsive. Service Providers should indicate in their proposals
whether they meet the minimum qualifications below:
Requirement YES NO
Provide detailed explanation of experience providing and/or
managing ADA complementary paratransit services as prescribed
by 49 CFR Part 37, Transportation for Individuals with Disabilities.
Preference will be given for bidders who can demonstrate at least
five (5) years’ experience providing and/or managing ADA
paratransit services.
Average on-time performance better than 90% overall (must
provide documentation).
Experience with Trapeze PASS or similar software system.
Ability to provide all three (3) distinct services described above
and in the scope of work.
A vehicle fleet with a minimum total passenger capacity equivalent to twenty (20) sedans/accessible vehicles, currently available for
use by the Service Provider for complementary ADA paratransit
use.
A.2. On Call Service
The Service Provider must be prepared to provide on-call service as requested by
the City. The City will provide 48 hours’ notice before on-call requested service will
commence. Any request to provide service outside of ADA Complementary
Paratransit Services, Foothills Gateway Shuttle, or the Dial-A-Taxi program will be
considered on-call.
B. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: September 7, 2023
• Question deadline: 3:00 PM MT on September 22, 2023
• Final Addendum Issued: September 28, 2023
• Proposal due date: 3:00 PM MT on October 5, 2023
• Interviews (tentative): Late October 2023
• Award of Contract (tentative): Early November 2023
• Services Start Date: June 1, 2024
RFP 9812 Paratransit Services Page 37 of 71
C. Interviews
In addition to submitting a written proposal, the top-rated Service Providers 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.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
D. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
E. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
F. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
G. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month
following the submittal of a correct invoice by the Service Provider indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, and hourly rate for each employee/work type categor y .
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the Agreement, the Service Provider and the City will
negotiate an appropriate unit price for the service prior to the Service Provider initiating
such work.
The City pays invoices on Net 30 terms.
VIII. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
RFP 9812 Paratransit Services Page 38 of 71
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City . A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider .
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D. Firm Capability and Assigned Personnel
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 subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Service Provider
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
5. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
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partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Completed Attachment C – Fee Schedule
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section X. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
Additionally, Service Provider must complete and submit with its proposal Section XI –
Byrd Lobbying Certification.
IX. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of 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 Service Providers may be
conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category .
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
3.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Can the work be completed in
the necessary time? Can the target start and
completion dates be met? Are other qualified personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
4.0 Firm Capability &
Assigned Personnel
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? Do the persons who will be working on
the project have the necessary technical skills
and qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
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?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and
in their company value system as evidenced by
their day -to-day business operating processes,
practices and procedures?
2.0 Cost & Work Hours
Does the proposal included detailed cost break -
down for each cost element as applicable and
are the line-item costs competitive? Do the proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
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X. ACKNOWLEDGEMENT
Service Provider 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 9812 Paratransit Services and sample Agreement
except as otherwise noted. Additionally, Service Provider 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
Service Provider’s knowledge and belief.
b. Service Provider 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. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that 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. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
conf identiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. 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 information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
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Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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XI. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
CERTIFICATION
The Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. The Contractor attests that it has certified 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. The Contractor further attests that it has disclosed,
and will continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
The undersigned 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 w ide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(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.
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.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
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XII. ATTACHMENTS
Attachment A Fort Collins Dial-A-Ride Users Guide
Attachment B COLT User’s Guide
Attachment C Fee Schedule
Attachment D DAR Procedures
Attachment E Fort Collins Personnel Policies and Procedures
Attachment F Supervisors Collision or Injury Report
Please note that the above referenced Attachments have been uploaded to BidNet as
individual PDF files separate from this RFP document.
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XIII. 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 , a(n) [Enter State] Corporation , 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 and incorporated
herein by this reference.
2. Contract Period. This Agreement shall commence , 2023, and shall continue in full force
and effect until , 2024, unless sooner terminated as herein provided. In addition, at the
option of the City, the Agreement may be extended for additional one year periods not to
exceed four (4) additional one year periods . Renewals and pricing changes shall be
negotiated by and agreed to by both parties only at the time of renewal. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
3. 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 ten (10) days from the onset of such
condition.
4. Early Termination by City . Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties. 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. Service Provider shall submit a final invoice
within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net
30 days of the date of the invoice. Such payment shall be the Service Provider's sole right
and remedy for such termination.
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5. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
6. 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
for contract interpretations, change order, and other clarification or instruction shall be directed
to the City Representative.
The initial City Representative for this agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The Representative is subject to change by the City.
7. Compensation. 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 and incorporated herein by this reference.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative. The
cost of the work completed shall be paid to the Service Provider following the submittal of a
correct itemized invoice by the Service Provider. The City is exempt from sales and use
tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license
is available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
8. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
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
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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.
Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely
responsible for performance of all duties hereunder.
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
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, the
longer of; i.) The original manufacturer’s warranty term; or ii.) beginning with the start of
the work and ending twelve (12) months from and after final acceptance under the
Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired, or replaced by Service Provider in a manner and at a time
acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
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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 themselves 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. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this Agreement
affirms that they have the necessary authority to sign on behalf of their respective party and
to bind such party to the terms of this Agreement.
17. Indemnity/Insurance.
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, purchasing@fcgov.com or 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. Law/Severability . The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties further agree that
Larimer County District Court is the proper venue for all disputes. If the City subsequently
agrees in writing that the matter may be heard in federal court, venue will be in Denver District
Court. In the event any provision of this Agreement shall be held invalid or unenforceable by
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any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision of this Agreement.
19. Utilization 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. Nothing herein shall be deemed to authorize or empower
the Agency to act as an agent for the City of Fort Collins in connection with the exercise of
any rights hereunder, and neither party shall have any right or authority to assume or create
any obligation or responsibility on behalf of the other. The other Agency shall be solely
responsible for any debts, liabilities, damages, claims or expenses incurred in connection with
any agreement established between them and the Service Provider. The City’s concurrence
hereunder is subject to the Service Provider’s commitment that this authorization shall not
have a negative impact on the work to be completed for the City.
20. Prohibition Against Unlawful Discrimination. The City, 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, affirmatively ensures that for all contracts entered into with the City,
disadvantaged business enterprises are afforded a full and fair opportunity to bid on the
contract and are not to 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 pr ohibits 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.
21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governm ental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law.
22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to
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CORA.
23. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded against. Force
majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism,
interference by civil or military authorities, compliance with regulations or orders of military
authorities, and acts of war (declared or undeclared), provided such cause could not have
been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall
not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Service Provider must provide written notice to the City of such
condition within ten (10) days from the onset of such condition.
24. 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 , and Exhibit – Federal Terms & Conditions, consisting of fifteen (15) pages,
attached hereto, and incorporated herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT
INSURANCE REQUIREMENTS
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.
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.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
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 by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work
performed under this Agreement.
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. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement
such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
such 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 Automobile Liability, 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 ow ned 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 Servic e Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
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. The Contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the sub-contractor who will be subject to it
provisions.
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
1. For a period of three years following Contract closing, the Contractor and its
subcontractors shall maintain, preserve and make available to the City, the FTA
Administrator, the Comptroller General of the United States, and any of their authorized
representatives, access at all reasonable times to any books, documents, papers and
records of Contractor which are directly pertinent to this Contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also agrees,
otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements
as set forth in the applicable U.S. DOT Common Rule.
2. The Contractor shall maintain and the City shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all prices, costs or rates
negotiated and invoiced in performance of this Contract. This right of examination shall
include inspection at all reasonable times of the Contractor’s offices engaged in
performing the Contract.
3. If this Contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final
termination settlement. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims arising under or
relating to this Contract until such appeals, litigation, or claims are finally resolved.
4. Access to Records and Reports” applies with equal force and effect to any
subcontractors hired by the Contractor to perform Work under this Contract. The
Contractor shall insert this provision in all subcontracts under this Contract and require
subcontractor compliance therewith.
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
Third Party Participants to permit, FTA to have access to the sites of performance of its
Award, the accompanying Underlying Agreement, and any Amendments thereto, and to
make site visits as needed in compliance with the U.S. DOT Common Rules.
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6. Closeout. Closeout of the Award does not alter the record retention or access
requirements of this section of this Master Agreement.
3. FEDERAL CHANGES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
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.
4. CIVIL RIGHTS (EEO, TITLE VI & ADA)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
The following requirements apply to the underlying contract:
a) The Recipient agrees that it must comply with applicable federal civil rights laws,
regulations, requirements, and guidance, and follow applicable federal guidance,
except as the Federal Government determines otherwise in writing. Therefore, unless
a Recipient or a federal program, including the Tribal Transit Program or the Indian
Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires
compliance with that civil rights statute, including compliance with equity in service.
b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees
to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination
based on the basis of race, color, religion, national origin, sex, disability, or age. (2)
Prohibit the: (a) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in
employment or a business opportunity identified in 49 U.S.C. § 5332, or (c)
Discrimination, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular
4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance, and other applicable federal guidance that may be
issued, but (b) FTA does not require an Indian Tribe to comply with FTA program -
specific guidelines for Title VI when administering its Underlying Agreement supported
with federal assistance under the Tribal Transit Program.
c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant, will: (1) Prohibit discrimination based on
race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part
21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The
most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other
applicable federal guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
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Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a)
Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment
Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c)
Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations,
as provided in Federal guidance, including laws and regulations prohibiting
discrimination on the basis of disability, except as the Federal Government determines
otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants
for employment are employed and employees are treated during employment without
discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6
Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms
of compens ation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8
Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title
VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the
definition of "Employer". (3) Equal Employment Opportunity Requirements for
Construction Activities. In addition to the foregoing, when undertaking “construction”
as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to
comply, and assures the compliance of each Third Party Participant, with: (a) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, September 2019
Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal
laws and regulations, the Recipient agrees to facilitate, and assures that each Third-
Party Participant will facilitate, participation by small business concerns owned and
controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as
follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply
with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives planning,
capital and/or operating assistance and that will award prime third-party contracts
exceeding $250,000 in a federal fiscal year must have a DBE program meeting the requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual
DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer
(TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, and (b)
Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle
purchase, the Recipient must submit to FTA the name of the TVM contractor and the
total dollar value of the third-party contract and notify FTA that this information has been attached to FTA’s electronic award and management system, the Recipient must
also submit subsequent notifications if options are exercised in subsequent years to
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ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. §
26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary
and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the
award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as
required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreement, and 4 Implementation of its
DBE program approved by U.S. DOT is a legal obligation and failure to carry out its
terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third
Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and
assures that it will include the following assurance in each subagreement and third
party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third
Party Subcontractors to include the following assurance in every subagreement and
third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each
Third Party Subcontractor must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted
subagreement, third party contract, and third party subcontract, as applicable, and the
administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, third party contracts, and third party subcontracts, as applicable, 3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a
material breach of this subagreement, third party contract, or third party subcontract,
as applicable, and 4 The following remedies, or such other remedy as the Recipient
deems appropriate, include, but are not limited to, withholding monthly progress
payments; assessing sanctions; liquidated damages; and/or disqualifying the
Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding
as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as provided
for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter for enforcement
under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6101 et seq., which prohibits discrimination against individuals on the basis of age in
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the administration of Programs, Projects, and related activities receiving federal
assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on
the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following federal prohibitions against discrimination on the basis of disability: (1)
Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of federally assisted Programs, Projects, or activities, (b) The
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., whic h requires that accessible facilities and services be made available to
individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the
ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the
ADA does not apply because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.,
which requires that buildings and public accommodations be accessible to individuals
with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now
includes disability as a prohibited basis for discrimination, and (e) Other applicable federal laws, regulations and requirements pertaining to access for seniors or
individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT
regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance,”
49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49
C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with
Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations,
“Nondiscrimination on the Basis of Disability in State and Local Government Services,”
28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal
Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part
64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology
Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation
for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable
federal civil rights and nondiscrimination guidance.
(i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1)
The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et
seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The
Public Health Serv ice Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.
(j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees
to promote accessibility of public transportation services to persons with limited
understanding of English by following: (1) Executive Order No. 13166, “Improving
Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
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U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
Reg. 74087, December 14, 2005.
(k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The
Recipient agrees to comply with other applicable federal nondiscrimination laws,
regulations, and requirements, and follow federal guidance prohibiting discrimination.
(l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws,
regulations, requirements, and guidance may be enforced as provided in those federal
laws, regulations, or requirements.
(m) Free Speech and Religious Liberty . The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and
public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination.
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
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
City requests which would cause the City to be in violation of the FTA terms and conditions.
6. ENERGY CONSERVATION REQUIREMENTS
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et.
seq., and perform an energy assessment for any building constructed, reconstructed, or
modified with federal assistance required under FTA regulations, “Requirements for Energy
Assessments,” 49 CFR Part 622, subpart C.
7. VETERANS EMPLOYEMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the contractor agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the skills and abilities required to perform construction work required under a third-party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
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2. Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Contractor is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using
such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200)
Applies to all contracts except micro-purchases.
a. Termination for Convenience. The City may terminate this Contract, in whole or in part,
for any reason, upon five (5) days written notice to the Contractor. In such event, the
City shall pay the Contractor its costs, including reasonable Contract close-out costs,
and profit on Work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City, the Contractor will
account for the same, and dispose of it in a manner the City directs.
b. Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization
or similar law, by or against Contractor, or the appointment of a receiver or similar officer
for Contractor or any of its property, which is not vacated or fully stayed within thirty (30)
days after the institution of such proceeding, will also constitute a breach. In the event
of a breach, the non-breaching Party may provide written notice of the breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within
thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its
remedies provided under this Contract or at law, including immediate termination of the
Contract.
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10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
Suspension and Debarment Executive.
The contractor attests that it is not listed on the government-wide exclusions in the System
for Award Management (SAM).
The Contractor agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov , if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov , if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED
TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS
Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is
required to “flow down” this requirement to subcontractors.
a. If a current or prospective legal matter that may affect the Federal Government emerges,
the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel
for the Region in which the Recipient is located. The Recipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party
Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
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3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify
the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
Counsel for the Region in which the Recipient is located, if the Recipient has
knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or
has or may have committed a criminal or civil violation of law pertaining to such
matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement,
bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal,
officer, employee, agent, or Third Party Participant of the Recipient. It also applies
to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is
not limited to, knowledge of a criminal or civil investigation by a Federal, state, or
local law enforcement or other investigative agency, a criminal indictment or civil
complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Recipient. In this paragraph, “promptly”
means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law
enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a
proportionate share of any proceeds recovered from any third party, based on the
percentage of the federal share for the Underlying Agreement. Notwithstanding the
preceding sentenc e, the Recipient may return all liquidated damages it receives to its
Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Recipient receives
FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under
any third party agreement or any federal, state, or local law or regulation.
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it has certified 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. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
If contract exceeds $100,000 the contractor is required to sign the attached certification.
13. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
Applies to all contracts exceeding $150,000.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
RFP 9812 Paratransit Services Page 66 of 71
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations t o the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental
Protec tion Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
14. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH – (APPENDIX
II TO PART 200)
Applies to all contracts over $250,000.
Breach. Any breach of the Contract by Contractor shall be governed by the termination and
remedies provisions of the Contract. Additionally, in the event that the City incurs damages
as a result of Contractor’s breach, the City may pursue recovery of such damages from
Contractor. The City further retains the right to seek specific performance of the Contract at any time as authorized by law. The City further retains the right to otherwise pursue any
remedies available to the City as a result of the Contractor’s breach, including but not limited
to administrative, Contractual, or legal remedies, as well as any applicable sanctions and
penalties.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Contractor to suspend performance
of all or any portion of the Work pending necessary corrective action specified by the
City and without entitling Contractor to an increase in compensation or extension of the
performance schedule. Contractor must promptly stop performance and incurring costs
upon delivery of a notice of suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Contractor to correct
any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct
rejected Work at Contractor’s sole expense within the time frame established by the City. Upon completion of the corrections satisfactory to the City, City will remit payment to
Contractor.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Contractor otherwise fails to provide or complete,
as determined by the City in its sole discretion. Upon City request, Contractor will
promptly refund any amounts prepaid by the City with respect to such non-compliant
Work.
d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents
from performance of the Work, if the City, in its sole discretion, deems any such person
to be incompetent, careless, unsuitable, or otherwise unacceptable.
15. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS
RFP 9812 Paratransit Services Page 67 of 71
Applies to all Contracts for transit operations except micro-purchases .
(1) The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out
the transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to
protect the interests of employees employed under this contract and to meet the
employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines
at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions
are identified in the letter of certification from the U.S. DOL to FTA applicable to the
ITP's project from which Federal assistance is provided to support work on the
underlying contract. The Contractor agrees to carry out that work in compliance with
the conditions stated in that U.S. DOL letters. The requirements of this subsection
(1), however, do not apply to any contract financed with Federal assistance provided
by FTA either for projects for elderly individuals and individuals with disabilities
authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas
authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth
in subsections (b) and (c) of this clause.
b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation
has determined or determines in the future that the employee protective
requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contrac t,
the Contractor agrees to carry out the Project in compliance with the terms and
conditions determined by the U.S. Secretary of Labor to meet the requirements of
49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's
letter of certification to FTA, the date of which is set forth Grant Agreement or
Cooperative Agreement with the state. The Contractor agrees to perform transit
operations in connection with the underlying contract in compliance with the
conditions stated in that U.S. DOL letter.
c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty
for the Nonurbanized Area Program agreed to by the U.S. Secretaries of
Transportation and Labor, dated May 31, 1979, and the procedures implemented by
U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
16. CHARTER SERVICES
Applies to all contract for Operational Services except micro-purchases.
RFP 9812 Paratransit Services Page 68 of 71
Charter Service Operations - The contractor agrees that neither it nor any Third-Party
Participant involved in the contract will engage in charter service, except as permitted under
federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter
Service,” 49 CFR Part 604, any other federal Charter Service regulations, federal
requirements, or federal guidance from the provision of mass transportation.
17. SCHOOL BUS OPERATIONS
Applies to all contract for Operational Services except micro-purchases.
School Bus Operations - Recipient agrees that neither it nor any Third Party Participant
that is participating in its Award will engage in school bus operations exclusively for the
transportation of students or school personnel in competition with private school bus
operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA
regulations, “School Bus Operations,” 49 CFR Part 605, and any other applicable federal
“School Bus Operations” laws, regulations, requirements, or applicable federal guidance.
18. DRUG AND ALCOHOL TESTING
Applies to all Operational Services contracts except micro-purchases.
Drug and Alcohol Testing
The contractor agrees to (select one option):
Option 1
Participate in the City’s drug and alcohol program established in compliance with 49 CFR
653 and 654.
Option 2
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized representativ e
of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities
and records associated with the implementation of the drug and alcohol testing program as
required under 49 CFR Parts 653 and 654 and review the testing process. The contractor
agrees further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date before
March 15) to (insert title and address of person responsible for receiving information). To
certify compliance the contractor shall use the "Substance Abuse Certifications" in the
"Annual List of Certifications and Assurances for Federal Transit Administration Grants and
Cooperative Agreements," which is published annually in the Federal Register.
Option 3
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized representativ e
of the United States Department of Transportation or its operating administrations, the State
Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities
and records associated with the implementation of the drug and alcohol testing program as
required under 49 CFR Parts 653 and 654 and review the testing process. The contractor
agrees further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date before
RFP 9812 Paratransit Services Page 69 of 71
March 15) to (insert title and address of person responsible for receiving information). To
certify compliance the contractor shall use the "Substance Abuse Certifications" in the
"Annual List of Certifications and Assurances for Federal Transit Administr ation Grants and
Cooperative Agreements," which is published annually in the Federal Register. The
Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request)
a copy of the Policy Statement developed to implement its drug and alcohol testing program;
OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use)
as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review
and approval before (insert date or upon request) a copy of its Policy Statement developed
to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to
be determined by the recipient, but may address areas such as: the selection of the certified
laboratory, substance abuse professional, or Medical Review Officer, or the use of a
consortium).
19. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 3%.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
20. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
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. In addition, the contractor may not hold retainage from
its subcontractors. The contractor must promptly notify the City 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.
21. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322)
Applies to all contracts except micro-purchases.
RFP 9812 Paratransit Services Page 70 of 71
Recovered Materials - All parties agree to comply with all applicable requirements of Section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or
the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA -designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
22. ASSIGNABILITY
Applies to all contracts except micro-purchases .
Neither the City nor the Contractor shall assign or transfer any of its rights or obligations
hereunder without the prior written consent of the other.
23. CITY OF FORT COLLINS BID PROTEST PROCEDURES
Applies to all contracts except micro-purchases.
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.
24. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Applies to all contracts except micro-purchases .
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part
of this contract (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
RFP 9812 Paratransit Services Page 71 of 71
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
25. INCREASING SEAT BELT USE IN THE UNITED STATES
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its
contractors to adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company -owned, rented, or personally owned vehicles.
26. REDUCING TEXT MESSAGING WHILE DRIVING
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its
employees, subrecipients, and contractors to adopt and enforce policies that ban text
messaging while driving, and the City has established workplace safety policies to decrease
accidents caused by distracted drivers.