HomeMy WebLinkAboutRFP - 9736 CONTRACTED FIXED ROUTE AND ON-CALL TRANSIT SERVICESRFP 9736 Contracted Fixed Route Transit Services Page 1 of 55
REQUEST FOR PROPOSAL
9736 CONTRACTED FIXED ROUTE AND ON-CALLTRANSIT SERVICES
RFP DUE: 3:00 PM MT (Mountain Time), April 7, 2023
The City of Fort Collins, Transfort Department, provides fixed route service to the community and
is requesting proposals for a Service Provider to operate fixed route transit for two dedicated
routes. Transfort also intends to contract with a Service Provider to provide on-call bus and micro
-transit services related to suspended bus routes and other routes as reasonably required by
Transfort. This service utilizes federal funding and is subject to additional, federally required
terms and conditions.
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 March 27, 2023. Please format your e-mail
to include: RFP 9736 Contracted Fixed Route Transit 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):
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
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 9736 Contracted Fixed Route Transit Services Page 2 of 55
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 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. Service Providers may
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Service Providers may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. 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 and financial data information is not required to be disclosed by
the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Service Providers hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions of any contract
resulting from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all
Service Providers 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 9736 Contracted Fixed Route Transit Services Page 3 of 55
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
RFP 9736 Contracted Fixed Route Transit Services Page 4 of 55
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins, Transfort Department, provides fixed route service to the
community and is requesting proposals for a Service Provider to operate fixed route transit
for two dedicated routes. Transfort also intends to contract with a Service Provider to
provide on-call bus and micro-transit services related to suspended bus routes and other
routes as reasonably required by Transfort. This service utilizes federal funding and is
subject to additional, federally required terms and conditions.
The City reserves the right to award to multiple Service Providers if such an arrangement
is determined to be in the City’s best interest. For example, the City could award on-call
transportation services related to suspended bus routes to one Service Provider and the
fixed route bus services to another Service Provider. Therefore, Service Providers may
propose providing only one type of service or multiple types of services in their response
to this RFP.
B. Background
Fort Collins is vibrant community of approximately 175,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in
size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s
population includes over 24,000 college students.
Transfort is the City’s transit operator, operating 22 fixed-routes across the City, including
one Bus Rapid Transit (BRT) route, the MAX, which offers 10 minute frequencies
throughout much of the day. Historically, Transfort has operated a coverage-based transit
system with most routes operating at 30- to 60-minute frequencies. Recent investments
have been geared toward a productivity-based system, with the introduction of the MAX
in 2014 and restructuring of routes around the CSU campus. Those investments have
resulted in ridership growth prior to the COVID pandemic.
Transfort currently utilizes a contractor to provide service for two fixed routes, the Gold
Route and the Foothills Shuttle (a.k.a. Route 33). Over the course of this future contract,
Transfort may elect to add or subtract routes from this scope, depending on its needs and
capabilities.
Additionally, Transfort currently utilizes a contractor to provide on-call transportation
service for individuals from bus stop to bus stop, in the form of micro-transit, for bus routes
which are currently suspended by the City.
II. SCOPE OF PROPOSAL
A. Scope of Services
The City is seeking a Service Provider to operate fixed route transit for one or more routes
with the option for additional fixed route services as operationally required. The following
table summarizes the two fixed routes currently required for the contract services:
RFP 9736 Contracted Fixed Route Transit Services Page 5 of 55
Characteristics Gold Route* Foothills Shuttle (Rt 33)*
Hours (In Revenue) 10:30 PM - 2:00 AM 7:00 AM - 6:30 PM
Days Fri - Sat Mon – Fri**
Number of Vehicles 3 vehicles total for both routes
(Fixed routes have different service times which do not
overlap. Vehicles are used for both routes.)
Frequency 30 minute 10 & 20 minute
Service Mode Fixed Route Fixed Route
CDL Required CLASS C P2 CLASS C P2
Fare to Collect N/A $1.25***
*These services are contingent on public stakeholder review and may be adjusted prior
to implementation date. Service characteristics are subject to change. Any changes in
scope shall be discussed with the awarded Service Provider.
**Foothills Shuttle is not operated during ten (10) holidays recognized by Colorado State
University.
*** Fares are not currently being collected but may be added at some time during the
course of the contract period.
B. Contractual Areas of Responsibility
Service Provider
The contracted Service Provider will be provided with operating and administration
documentation which will be added as attachments to contractual scope of work. The
selected Service Provider shall have the following responsibilities for the operation of this
service:
1. Provide qualified, competent and courteous staff.
2. Train and monitor staff to City standards.
3. Lease select Transfort vehicles as well as maintain them in good repair.
4. Cooperate with City marketing efforts by allowing advertising materials to be applied
to vehicles and distribute rider service information as required.
5. Provide the necessary employee staffing, management and administration to meet the
requirements of the contract.
6. Meet with the City on a regularly scheduled basis (monthly) to assess service
performance, discuss operational issues and contract adherence. The City may
schedule additional meetings as needed.
7. Meet all reporting and investigation requirements.
8. Maintain a suitable facility for vehicle storage, management, supervision,
administration, operator-training, operations and vehicle maintenance for the provision
of services.
9. Place appropriate sandwich boards in designated areas on the sidewalk in front of the
downtown Gold stop locations. Sandwich boards shall be on display for the duration
of the service then removed and safely stored at the end of each service night.
RFP 9736 Contracted Fixed Route Transit Services Page 6 of 55
City
The City has the following responsibilities under the contract:
1. Provide program oversight and direction.
2. Develop and provide all policies for service and ensure that Service Provider develops
appropriate procedures to implement these policies.
3. Define service standards and performance criteria.
4. Notify Service Provider of any changes to the schedule or alignment within two weeks
of expected service changes.
5. Set fares and fare collection policy.
6. Lease three (3) vehicles, each equipped with a farebox, to Service Provider.
C. On-Call Bus Service
The Service Provider must be prepared to provide on-call bus service as requested by the
City. The City will provide 48 hours’ notice before on-call bus service will commence. The
Service Provider must provide the same quality, standard of service and adhere to the
same requirements as stated for the Gold Route and Foothills Shuttle. Any request to
provide service outside of the Gold Route and the Foothills Shuttle will be considered on-
call. The City and the Service Provider will jointly determine how many buses and what
kind of buses will be required to provide on-call bus service (depending on circumstances
and need), and how those buses will be made available.
D. On-Call Micro-Transit (Bus Stop to Bus Stop) Service
Upon request by the City, the Service Provider will provide dedicated on-call micro-transit
services with dedicated vehicles and drivers between designated bus stops. The service
will be provided on bus routes suspended by the City for any reason. The City will provide
48 hours’ notice before on-call micro-transit service will commence. The Service Provider
must provide the same quality, standard of service and adhere to the same requirements
as stated for fixed routes. Any request to provide service outside of the Gold Route and
the Foothills Shuttle will be considered on-call.
On-call micro-transit services will be performed seven (7) days per week. The hours of
operation on weekdays will begin at 7:00 am and end at 7:00 pm. Weekend hours of
operation will be 8:00 am to 7:00 pm.
Except as otherwise noted all services will be performed in accordance with this
Agreement and in compliance with the Colorado Public Utilities Commission Large Market
Taxi under part 3 of Article 10.1 of title 40, C.R.S (the “PUC”). In the event of a conflict
between the terms of the Agreement and the PUC, the more stringent provision will prevail.
The Service Provider will adjust the number of dedicated vehicles and drivers by the hour
based on the anticipated volume of bookings. The Service Provider will monitor vehicle
use by hour bi-weekly (every two weeks) based on an estimate that each vehicle can
accommodate 2.5 calls per hour to ensure pick-up times are less than 45 minutes. The
number of vehicles assigned by hour is subject to change based on use by mutual written
agreement of the parties.
The schedule for the dedicated on-call micro-transit service is stated below:
RFP 9736 Contracted Fixed Route Transit Services Page 7 of 55
Weekday Schedule
Weekend Schedule
1. Call Center
a. The call center will operate Monday through Friday from 5:30 am to 8:00 pm, and
Saturday through Sunday from 7:30 am to 5:00 pm
b. Service Provider will provide a dedicated phone number for passengers to call and
request pick-ups.
c. Hold times shall not exceed a daily cumulative average of one (1) minute.
d. Service Provider will verify each requested pick-up and drop off stops originate or
terminate at bus stops on a suspended route. Verification will be completed while
the passenger is on the phone.
e. Service Provider will verify the need for an accessibility vehicle.
f. Trips must be recorded using best available technology.
g. Trips will be prioritized based on the order the requests are received and will not
be prioritized according to purpose.
h. Service Provider will use translation services for Non-English-speaking callers.
2. Drivers/Vehicles
a. Service Provider will verify all drivers have undergone criminal background and
Motor Vehicle Records (MVR) checks in accordance with the laws of the State of
Colorado and the PUC.
b. All vehicles shall be in good repair with regular preventative maintenance.
c. All vehicles and associated records shall be in compliance with the PUC.
d. All vehicles shall be cleaned/disinfected daily to include spot cleaning high touch
surfaces (door handles, window switches, etc.) with disinfectant between trips.
e. Vehicles shall be insured in accordance with Exhibit C to the Agreement.
3. Standards
a. All trips will be performed Sunday through Saturday from 8:00 am to 7:00 pm. Any
in-transit trips will be completed before the vehicle is taken out of service for the
day.
b. All trips must originate or terminate at a stop on a suspended route.
Time 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM
6:00 PM-
last ride
completed
Vehicle 1 On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift
Vehicle 2 On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift
Time 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM
6:00 PM-
last ride
completed
Vehicle 1 On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift On Shift
RFP 9736 Contracted Fixed Route Transit Services Page 8 of 55
c. Trips are ONLY provided from a transit stop to a transit stop with no other stops.
d. Target maximum 2 passengers per vehicle with exception for individuals traveling
as a group (i.e. a parent traveling with children). In no case shall the number of
passengers exceed the number of seat belts.
e. Passenger pick-ups will be initiated less than 1 hour from the time the passenger
contacts the call center.
f. Wheelchair accessible trips will be accommodated.
i. An accessible vehicle will be dispatched if required.
ii. If a vehicle arrives and finds an accessible vehicle is needed, an accessible
vehicle will be promptly dispatched. The driver will provide the passenger with
an estimated time of arrival for the accessible vehicle.
g. Passengers waiting at stops along suspended routes may be picked-up and
transported. However, Service Provider shall not pick-up unscheduled passengers
in conjunction with other pick-ups scheduled via the call center.
i. Trip must be created in software system.
ii. The Service Provider must create a voucher for all pick-ups.
h. Service will be provided to/from designated suspended routes only.
4. Administration
a. All trips will be recorded using best available technology to provide data for billing
backup as well as reporting.
b. Service Provider will provide a weekly report with the following information.
i. Ridership
ii. Pick-up/drop-off location to include: direction of travel, traveled street and cross
street, route #, rate (metered) per trip
c. A paper voucher will be completed for each trip. The requirement for the
passenger to sign the voucher is waived and not required.
d. The Service Provider will invoice monthly within 10 days following the end of each
month. Invoices will be paid by the City Net 30 days from the date of the invoice.
e. The City shall have the right to audit the Service Provider’s records related to
services performed under the Agreement during normal business hours with
reasonable prior notice.
5. Fixed Route Requirements Not Applicable to On-Call Services
a. Lease and operate three (3) Transfort International Class C P2, 30’, 27 seat
vehicles, each equipped with a farebox and intelligent transportation systems,
and maintain them in good repair.
b. The Service Provider shall ensure that operators adhere to the prescribed
schedule and time-points as listed in the contract. Operators shall not depart time-
points prior to the prescribed time. Operators shall arrive at each time-point no
later than five minutes after the prescribed time unless delayed by weather,
unforeseen traffic conditions or other circumstances beyond their control.
RFP 9736 Contracted Fixed Route Transit Services Page 9 of 55
c. Service Provider will ensure that operators successfully complete all training
requirements prior to performing service. Training will be conducted by a CDL
certified trainer.
d. Operators will perform all required Americans with Disabilities Act (ADA) stop
announcements and route identifications. Operators must use the PA system to
announce ADA-called stops.
e. Deviation from route alignments will only be authorized in the event of road
closures, instructions from Transfort management or direction from emergency
services personnel.
f. Perform preventative and corrective maintenance for all leased vehicles utilized
for this service, as per federal regulations at Service Provider’s expense.
g. Provide a current roster of all vehicles utilized for City revenue service. The
Service Provider shall notify the City of any changes to this roster by next
business day.
h. All trips will require a fare or valid pass.
i. Fares shall be collected via a farebox.
j. Ridership and fares must be logged at the time of boarding on a tablet provided
by the City. In the event of a tablet malfunction, ridership must be recorded
manually.
k. Fuel adjustment.
E. Operating Standards
Each of the operating standards shall be deemed material. Unless specifically stated
otherwise, all operating standards shall apply to any services provided by the Service
Provider for the City. A breach of which may result in the City of Fort Collins declaring the
Service Provider in default of the contract.
The Service Provider shall provide all services in accordance with City Policies and
Procedures and in accordance with the following service operating standards:
1. General Transit Service Standards (Gold and Foothills Shuttle)
a. The Service Provider shall ensure that passengers are allowed to board and de-
board at all designated bus stops.
b. The Service Provider shall ensure that operators adhere to the prescribed
schedule and time-points as listed in the contract. Operators shall not depart time-
points prior to the prescribed time. Operators shall arrive at each time-point no
later than five minutes after the prescribed time unless delayed by weather,
unforeseen traffic conditions or other circumstances beyond their control.
c. Operators and any management personnel shall provide courteous customer
service at all times. Rude or inappropriate behavior by Service Provider employees
shall not be tolerated.
d. Service Provider shall supervise operators and monitor their performance. Any
operator found to be jeopardizing the safety of any person or violating any traffic
law shall be immediately removed from provision of service under the contract.
Failure to do so is grounds for immediate cancellation of the contract.
RFP 9736 Contracted Fixed Route Transit Services Page 10 of 55
e. Service Provider will ensure that operators successfully complete all training
requirements prior to performing service.
f. Operators and management personnel shall remain professional, uphold all City
policies defined in the contract and only offer correct and appropriate information
regarding the provision of service.
g. The vehicles provided shall have a 100% smoke-free environment. There shall be
no smoking within 20’ of any City vehicle at any time by either passengers or
operators whether in revenue service for the City or otherwise. Furthermore, there
shall be no smoking on any City facility per City of Fort Collins Ordinance, Chapter
12 Health and Environment, Article III Smoking in Public Areas, Secs. 12- 56 –
12-61.
h. Cell Phone Use: All Service Provider employees who operate a City-owned or
Service Provider-owned vehicles within the scope of this contract must adhere to
City of Fort Collins (CFC) cell phone use policies [rev. 12/6/22]:
Employees may not use a cell phone or any other personal electronic device
for any of its capable functions at any time while operating a City of Fort Collins
vehicle. “Operating a vehicle” for this intent and purpose means any time
except when pulled over at a bus stop or transit center (with transmission in
neutral and parking brake set).
If talking or texting on the phone, the operator must not be performing any
other job duty, such as greeting boarding passengers. Any personal electronic
devices, such as cell phones or music storage/players, and related accessories
may not be touched, checked or manipulated at any time while operating a
vehicle. No Bluetooth ear pieces, ear buds, ear plugs or headphones may be
worn at any time while operating the bus.
In an emergency, you may use your cell phone to call 911; however, you should
be pulled over, stopped and the parking brake set.
i. The City reserves the right to inspect vehicles at any time. Any failure to meet
standards shall be immediately addressed and remedied by Service Provider.
j. The City reserves the right to conduct service audits at any time without notice.
k. Operators will ensure that no items prohibited by Department of Transportation
(DOT), or the City are brought onto the vehicles at any time.
l. Operators will perform all required Americans with Disabilities Act (ADA) stop
announcements and route identifications. Operators must use the PA system to
announce ADA-called stops.
m. Operators will allow lift usage upon request per ADA requirements.
n. Operators will assist passengers using wheelchairs or other mobility devices to the
securement area if requested and secure at least three (3) securements to the
mobility device.
o. Operators will verbally instruct passengers to board, de-board and mount bicycles
on bicycle rack upon request.
p. Deviation from route alignments will only be authorized in the event of road
closures, instructions from Transfort management or direction from emergency
services personnel.
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q. Service Provider must abide by all applicable Federal Motor Carrier Safety
Administration Regulations and Federal Transit Administration regulations as well
as any other applicable regulations. Failure to do so is grounds for immediate
cancellation of the contract.
r. A Commercial Driver’s License (CDL) is required as specified under Scope of
Services. Upon request and subject to availability, the City of Fort Collins, Transfort
Department will provide CDL testing services to the Service Provider for a fee
agreed to in writing and consistent with current local rates. The fee agreement for
CDL testing will also specify the manner in which the fees will be paid.
2. Fixed Route Service
a. Gold Route
1) The Service Provider shall provide fixed route service along one route
alignment.
2) Two vehicles will operate on the fixed route during the prescribed service
hours.
3) In the event that the City requests a service liaison, the Service Provider shall
provide one staff member to act as a service liaison in the Downtown pick up
area for the duration of service hours on each service day.
b. Foothills Shuttle
1) The Service Provider shall provide fixed route services along one route
corridor.
2) Two vehicles will operate on the corridor during the prescribed service hours.
F. Personnel Requirements
1. OPERATOR PRE-HIRE QUALIFICATIONS
a. DMV Record Check
The Service Provider shall perform a Department of Motor Vehicles (DMV) records
check for all prospective operators prior to, but no more than 30 days before, date
of hire. For existing staff, a current DMV record (within the past 365 days) shall be
on file. If an operator was, or is, found to be at fault for any incident that would
prohibit that operator from maintaining the minimum required licensing, the
operator will no longer eligible to perform duties under the contract. Failure to
immediately remove an ineligible operator from driving duties may be considered
breach of contract.
b. Criminal History
The Service Provider shall perform a criminal history background check on all
present and prospective employees who shall be assigned to driving duties under
the contract prior to, but not more than 30 days before, date of hire. All operators
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:
1) Any offense that requires registration of a sex offender.
RFP 9736 Contracted Fixed Route Transit Services Page 12 of 55
2) Any driving under the influence of drugs or alcohol violation within the past 3
years.
3) Any offense of violence by a person in a position of trust.
The Service Provider shall make all criminal background checks for all operators
who perform duties under the contract available to the City.
c. Substance Abuse
The Service Provider is required to abide by the City of Fort Collins Transit
Substance Abuse Policies and Procedures in compliance with FTA regulations and
49 CFR 655.
The Service Provider shall provide education to safety-sensitive employees,
perform all required tests, maintain records and submit reports in compliance with
the Substance Abuse policy (49 CFR Part 655). The Service Provider shall also
comply with all policy changes when notified of such by Transfort. 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
the contract.
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 meet all requirements of the contract. The City reserves the right to
disqualify any operator from performance of service under the contract.
2. OPERATOR TRAINING REQUIREMENTS
a. Training Curricula
Service Provider shall maintain a comprehensive training program for all of its
employees who provide service under the contract. The training program shall
ensure that employees who provide service under the contract are trained in
accordance with all municipal, county, state and federal regulations.
The comprehensive training program shall include, but not be limited to the
following:
1) For Foothills Shuttle only, training shall include
i. Current fixed route service for the shuttle, including route configuration,
time points, bus stops, transit center pull-in and transfer options.
ii. Vehicle familiarity (if vehicles other than current Internationals are used)
iii. Transfort Radio Procedures training
iv. Intelligent transportation system training
2) Passenger Service and Safety (PASS) certification.
3) Defensive Driving.
4) Substance Abuse, in compliance with 49 CFR Part 655 (minimum of one-
hour training).
5) Reasonable Suspicion Training for Substance Abuse, in compliance with 49
CFR Part 40.
RFP 9736 Contracted Fixed Route Transit Services Page 13 of 55
6) Sexual Harassment, Diversity and Equal Employment Opportunity (EEO).
b. Trainers
Trainers of Passenger Service and Safety (PASS) and Defensive Driving 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.
c. Training Plan
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 is conducted to ensure all new hires of Service Provider receive all
required training prior to being placed into revenue service or performing any
duties under the contract.
d. Training Records
Service Provider shall maintain a training record which notes each operator’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.
3. LICENSE AND FILE REQUIREMENTS
a. Operator Certifications
Service Provider shall ensure that each operator possesses and maintains at least
the minimum licensing required by the State of Colorado.
b. Driver Qualification File
Service Provider is required to maintain a Driver Qualification File, as per Federal
Motor Carrier Safety Regulations (FMCSR), for each employee who possesses a
Commercial Driver’s License and performs duties under the contract. Service
Provider shall conduct annual DMV record checks, as per FMCSR. Service
Provider shall provide the City with copies of the DMV checks.
c. Staffing Roster
A roster of all operators who will be performing service shall be kept current and
all changes provided to the City.
G. Fleet Management
The Service Provider is required to:
1. Lease and operate one or more Transfort International Class C P2, 30’, 27 seat
vehicles.
2. Perform preventative and corrective maintenance for all leased vehicles utilized for
this service, as per federal regulations at Service Provider’s expense.
3. Ensure that all vehicles used for this service meet City, state and federal compliance
requirements and furnish proof of compliance.
4. Maintain proper insurance coverage as required by the City.
5. Provide necessary fuel, spare parts and supplies at the Service Provider’s expense.
RFP 9736 Contracted Fixed Route Transit Services Page 14 of 55
6. Provide, maintain and install two-way radios in all vehicles and provide the ability to
communicate with liaison.
7. Service Provider is required to maintain an adequate vehicle spare parts inventory so
that maintenance issues do not impact service provision.
8. Request and receive authorization from the City Project Manager or designee when
adding or removing vehicles from service under this contact.
9. Ensure all vehicles are maintained in a safe and clean condition, both interior and
exterior. At a minimum, vehicle exteriors are to be thoroughly washed no less than
twice per week or more frequently 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 service. Perform vehicle inspections, routine preventive
maintenance and timely repairs so as to minimize vehicle down time and ensure
safety. Pre-and post-trip inspections shall be performed and tracked as per DOT
regulations.
10. Equip each vehicle with an approved fire extinguisher, emergency flashlight,
emergency reflective triangles, and emergency seatbelt cutter.
11. Register, license, and insure each vehicle in the State of Colorado and comply with all
inspection requirements.
12. Use City vehicles solely for the purpose of the contract unless otherwise authorized
by the City.
13. Provide a current roster of all vehicles utilized for City revenue service. The Service
Provider shall notify the City of any changes to this roster by the next business day.
H. Investigation, Reporting and Recordkeeping Requirements
Service Provider shall investigate, report and maintain records of the following events:
1. Complaint or Service Feedback
This includes any written or verbal communication regarding any aspect of the service
provided under this contract, including personnel and vehicles.
a. Service Provider shall ensure that there is no more than one (1) complaint per
1,000 revenue hours performed.
b. Maintain an active and accurate incident log detailing all complaints and service
feedback.
c. Submit a weekly complaint report to the Project Manager or designee.
d. The City reserves the right to request information on individual or specific events
at any time; Service Provider shall submit requested information within three (3)
business days.
e. Additionally, any incident that results in loss of service (i.e. a “missed-trip”) should
be reported by contacting Transfort Dispatch at (970) 224-6095 or
transdispatch@fcgov.com as soon as possible but within 48 hours.
RFP 9736 Contracted Fixed Route Transit Services Page 15 of 55
2. 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 person or
property.
a. The Service Provider shall provide the City with a detailed explanation of its
procedures for incident investigation.
b. Maintain an active and accurate incident log detailing all incidents.
c. Submit a weekly incident report to the Project Manager or designee.
d. The City reserves the right to request information on individual or specific events
at any time; Service Provider shall submit requested information within three (3)
business days.
3. Collision, Passenger Injury and Incident Reporting
Collision: A collision is defined to include any contact between a Service Provider’s
vehicle and another moving or stationary object or pedestrian while that operator
and/or vehicle is providing service within the scope of this contract.
Passenger Injury: A passenger injury is defined to include any time a passenger is hurt
or suspected of being hurt while such person(s) is boarding, riding or disembarking
Service Provider’s vehicle.
General/Bystander Injury: A general/bystander injury is defined to include any time a
person who is not a Service Provider employee is hurt or suspected of being hurt by a
vehicle operated by the Service Provider while being operated within the scope of this
contract.
Any serious incidents resulting in injury and/or persons transported immediately from
the scene for medical treatment shall be reported verbally to Transfort immediately, as
practicably possible (or at the most, within two hours).
a. All collisions and injuries, regardless of the severity, shall be reported verbally to
Transfort within two hours of the incident.
b. All collisions and incidents shall be reported to Transfort by contacting Transfort
Dispatch at (970) 224-6095.
c. Preliminary investigation findings shall be reported in writing within 24 hours.
d. A full investigation report shall be submitted to Transfort within three (3) business
days.
e. All preliminary findings and investigation reports shall be sent via email to the
Contract Manager and Transfort Operations Manager.
Each investigative report shall be completed on forms provided by the City which
contain, at a minimum:
• Date and time
• Location
• Brief description of event
• Name of employee and/or citizen involved
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• Name and pertinent contact information of investigator
• Summary of the investigation determination including the findings
• Summary of the resolution of each event
4. Revenues
a. The fare system and structure shall be determined by the City of Fort Collins and
administered by the Service Provider per City guidelines.
b. All trips will require a fare or valid pass.
c. There shall be no solicitation or acceptance of tips by any employee of the Service
Provider.
d. Fares shall be collected by the Service Provider, summarized and subtracted from
the “amount due” on the monthly invoice to the City.
e. Fares shall be collected via a farebox.
f. Ridership and fares must be logged at the time of boarding on a tablet provided by
the City. In the event of a tablet malfunction, ridership must be recorded manually.
g. The Service Provider shall provide the City with a written copy of its administrative
procedures to account for fares collected by its operators.
h. The City Auditor(s) may at any time during the contract period change these
requirements as he/she deems necessary to ensure adequate controls are in place
to protect the interests of the City of Fort Collins.
i. Rates for gasoline vehicles utilized for the on-call services are subject to a fuel
adjustment. The fuel adjustment will be based on increases in the cost of vehicle
fuel during the term of the contract and subsequent extensions in accordance with
the following:
Gasoline Price per Gallon
(According to U.S. Energy
Information Administration, price
of regular gasoline for prior month
in Colorado)
Gasoline Surcharge per Hour
$3.50 or less None
$3.51 - $4.00 $0.27 per hour
(=$0.50 per gallon x 0.53 gallons per hour)
$4.01 - $4.50 $0.53 per hour
$4.51 - $5.00 $0.80 per hour
Each additional
increment of $0.50
$0.27 per additional increment of $0.50
This adjustment will be applied to all revenue hours during the month and will
only apply to revenue hours performed by vehicles using the affected fuel type.
For propane fueled vehicles, 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,
RFP 9736 Contracted Fixed Route Transit Services Page 17 of 55
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.
Service Provider will strive to fuel during regular business hours, Monday – Friday, 6
am to 5 pm. Fueling can occur after hours and on weekends only when absolutely
necessary. Before any Service Provider vehicle operator can fuel at the City facility,
the operator is required to be trained by City fuel staff and become certified to fuel.
Only drivers that are certified will be allowed to fuel at the City site and must keep
current certifications on file.
In the event that the City and Service Provider determine that fueling at a commercial
facility is in the best interest of the City and the Service Provider, the parties will agree
in writing, and the transition from City-provided fuel to Service Provider-provided fuel
must take place at the beginning of a billing cycle. The cost per hour will be revised
accordingly with any such changes in fueling location. If the City’s propane fueling
station is not operating, the Service Provider is authorized to fuel its vehicles at a
commercial facility. When this occurs, the Service Provider will request
reimbursement for commercial fueling in conjunction with the next monthly billing by
submitting a separate invoice. A copy of all commercial fuel purchase receipts will be
included with any such invoice.
5. Monthly Invoice and Summary
By the 10th calendar day of each month, the Service Provider shall provide the City
with a Service Data Summary and monthly invoice for each component of service for
the previous month. The City shall provide the forms for monthly invoices. This shall
include but is not limited to the following:
• Total number of individual trips by type as specified in the contract.
• Summary of monthly collisions/passenger injuries.
• Summary of monthly complaints.
Except where otherwise defined, the City reserves the right to request that the Service
Provider submit additional information when necessary.
The City of Fort Collins receives funding to operate the service under grants issued by
the state and federal governments. Therefore, the Service Provider shall retain all
records required by the contract and also all financial records and data concerning the
management and operation of the system for a period of at least three (3) years upon
completion of the Agreement. The Service Provider shall furnish the City with such
information, statistics, and data as necessary.
The Service Provider shall not unilaterally implement company policy that directly
impacts the system’s operation or is in conflict with the contract with the City without
prior discussion and written approval by the Project Manager or designee.
I. Contract Violations and Liquidated Damages
In order to comply with regulatory requirements and to provide a high level of service, the
City has developed the following schedule for the assessment of Contract Violations (CV).
RFP 9736 Contracted Fixed Route Transit Services Page 18 of 55
The following rules will apply to the assessment of CV and application of the corresponding
liquidated damages:
1. Assessing Contract Penalties
a. Each potential CV will be reviewed on a case by case basis prior to a CV being
assessed. As City staff recommends CVs, the Project Manager will review the
alleged violations with the processes outlined within the contract and make a final
decision on whether or not a CV will be assessed.
2. Amnesty Period
a. CVs will be assessed as needed during the first 60 days after the inception of the
contract. The appropriate notice will be given of these CVs as outlined in this
document. However, in an effort to bring any new Service Provider into compliance
with the expectations of the contract, liquidated damages for these CVs will be
waived during this 60-day period.
3. Routine Audits and Checks
a. The City will conduct random and routine checks of road operations using City staff
to monitor service performance. These checks may be conducted by plain clothes
or uniformed staff. There will be no limitation on the number of checks the City may
conduct. However, there will be a minimum of two random checks in every 60-day
period. In the event that City staff decides to interact with the vehicle operator
during a random check, City staff will present their ID badge to the vehicle operator
to identify themselves as supervisory or monitoring personnel. The vehicle
operator must comply with this process. The Project Manager or designee will
contact the Service Contract Manager by the 5th calendar day of the following
month regarding any CVs resulting from the random check. Service Provider shall
respond within five (5) days of receipt of the notice of assessment of contract
violations. Service Provider shall have an opportunity to demonstrate to the Project
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 Provider is legally
or contractually responsible. On the basis of such a demonstration, the Project
Manager reserves the right to reduce or waive the liquidated damages at issue.
4. Safety and Training
a. Records of the operator and personnel qualifications, compliance, safety and
training specifically outlined in the contract will be audited randomly and upon
request by the Project Manager or designee. At least one-hour notice will be given
to Service Contract Manager. It should be understood by both parties that state
and federal law prohibits the sharing of some personnel information, and such
information will not be disclosed by Service Provider to the City.
5. Fleet Services
a. City Fleet Management will require up to three (3) vehicle reviews by City staff per
month. Vehicle must be presented to City fleet services crew within 24 hours of
request. In addition, City Fleet Management will coordinate site visits of equipment
and records once per year or at such frequency determined by the City.
RFP 9736 Contracted Fixed Route Transit Services Page 19 of 55
6. Complaints and Incidents
a. In addition to random checks and audits, complaints and incidents will initiate
follow up checks and audits for compliance of contractual obligations.
7. Itemized Liquidated Damages Schedule
a. If multiple contract violations can be applied to one infraction, only the highest
value liquidated damage will be applied.
Contract Violations – Road Operations Liquidated Damages
per Violation
Failure to complete a DOT Vehicle Inspection (pre-
trip or post-trip) $200
Driving in an unsafe/illegal manner $200
Any violation of Federal Motor Carrier Safety
Regulations $200
Failure of driver to produce a valid CDL and current
DOT Medical Card upon request $100
Failure to produce valid registration and insurance
documents on-board the vehicle upon request $100
Driving off route without prior authorization or detour
in effect $50
Departing timepoints or transfer points earlier than
the posted schedule $50
Refusal to transport passengers who meet Code of
Conduct standards and are within capacity $50
Failure to call required ADA Stop Announcements $100
Failure to notify passengers at transfer points of
route number and route destination $100
Failure to stop at requested designated bus stops $100
Failure to stop for passengers at designated bus
stops $100
Failure to provide and secure a minimum of three (3)
securements for mobility device $100
Failure to deploy lift or ramp upon request $75
Charging the customer more than the posted fare $100
RFP 9736 Contracted Fixed Route Transit Services Page 20 of 55
Contract Violations – Road Operations Liquidated Damages
per Violation
Accepting tips $500
Inaccurately counting passenger ridership beyond a
2% margin of error $1,000
Smoking or allowing smoking on bus $250
Using or allowing open alcohol containers on bus $250
Failure to comply with dress code $25
Use of cell phone, wireless or handheld devices
while operating a City vehicle. $50
Failure to assist passengers to board, de-board,
mount bicycles on bicycle rack upon request $75
Displaying unprofessional or rude behavior $100
Failure to perform scheduled service $250
Performing service outside scope of work $100
Failure to report missed trips $100
Contract Violations – Fleet Services Liquidated Damages
per Violation
Preventive Maintenance Inspection (PMI) – per
occurrence (Failure to perform on each vehicle
within 2500 - 3500 miles prior to PMI)
$50
Transfort Inspections – Downed vehicle/unsafe to
drive $50
Transfort Inspections - Inspection follow up, failure
to repair $100
Vehicle Repairs (failure to repair) $50
Vehicle Cleanliness (failure to comply) $25
Failure to turn in vehicle for inspection by requested
time within 12 hours of original requested time $25
Incomplete or inaccurate vehicle maintenance
records $50
Vehicle maintenance records not corrected following
audit $100
RFP 9736 Contracted Fixed Route Transit Services Page 21 of 55
J. Additional Information
The following attachment list details procedures and reports that will apply to the
performance of services under this solicitation. These documents have been uploaded in
a separate .zip file and are hereby attached to and incorporated into this Request for
Proposal by this reference.
Attachment A Rural Transit Assistance Program Learner’s Guide
Attachment B FTA Substance Abuse Policy
Attachment C FTA Drug & Alcohol Testing
Attachment D Contractor ID Badge Form
Attachment E Uniform Policy
Attachment F Working with the Public
Attachment G Advertising on Vehicles
Attachment H Damage Report Minibus
Attachment I Fleet Management
Attachment J Transfort Vehicle Inspection Policy
Attachment K Vehicle Inspection Report Form
Attachment L Complaint Report
Attachment M Incident report
Attachment N Incident Log
Attachment O Gold Route Map & Timetable
Attachment P Gold Route Configuration & ADA Calls
Attachment Q Foothills Shuttle Route Map & Timetable
Attachment R Foothills Shuttle Route Configuration & ADA Calls
Attachment S Fare Policy
Attachment T Monthly Ridership Report
Attachment U Daily Ridership Log
Attachment V ADA How to Announce Stops
K. 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: March 10, 2023
• Question deadline: 5:00 PM MT on March 27, 2023
• Final Addendum Issued: March 31, 2023
• Proposal due date: 3:00 PM MT on April 7, 2023
• Interviews (tentative): End of April 2023
RFP 9736 Contracted Fixed Route Transit Services Page 22 of 55
• Award of Contract (tentative): May 2023
• Contract Start Date: June 22, 2023
L. 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.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the optional interview phase of the assessment process. 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.
M. 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.
N. 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.
O. 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).
P. 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, hourly rate for each employee/work type category, and date of the work
performed specific to the task.
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.
Q. COVID-19 Compliance
RFP 9736 Contracted Fixed Route Transit Services Page 23 of 55
The Service Provider and its subcontractors/consultants shall comply with all state,
county, and local laws, ordinances, and public health orders established to reduce the
spread of COVID-19, as applicable.
III. 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 Authorization 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.
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. Describe your expected or recommended approach to addressing the tasks described
in the Section II, Scope of Proposal. Include the methods and assumptions used, and
any exceptions and/or risks.
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2. Describe how your firm will manage this assignment in the context of your firm’s other
commitments.
3. Describe how your firm will ensure uninterrupted service in the event that assigned
personnel should be unavailable on short notice or other unforeseen circumstances
occur.
4. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
5. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
6. Include a description of the software and other analysis tools to be used.
7. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
8. Provide completed Section VI – Lobbying Certificate.
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 key personnel 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, contact name, email
and phone number, subconsultants on the team and a brief description of the work.
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
RFP 9736 Contracted Fixed Route Transit Services Page 25 of 55
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
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. Complete Section VI – Schedule of Rates
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 V. 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.
IV. 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.
RFP 9736 Contracted Fixed Route Transit Services Page 26 of 55
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.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Are other qualified personnel
available to assist in fulfilling the services if
required?
3.0 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 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
Does the proposal include a 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?
RFP 9736 Contracted Fixed Route Transit Services Page 27 of 55
V. 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 9736 Contracted Fixed Route Transit 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. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Service Provider hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP 9736 Contracted Fixed Route Transit Services Page 28 of 55
VI. SCHEDULE OF RATES
Standard Fixed Routes
Provide a schedule of hourly rates for providing service for the tasks described in Section II
– Scope of Services.
Year 1 Year 2 Year 3 Year 4 Year 5
Gold Route
Route 33
On Call Bus Services
Provide a schedule of hourly rates for providing service for the tasks described above under
Section II – On Call Bus Services.
Year 1 Year 2 Year 3 Year 4 Year 5
Hourly Rate
On Call Micro-Transit Services
Provide a schedule of hourly rates for providing service for the tasks described above under
Section II – On Call Micro-Transit Services.
Year 1 Year 2 Year 3 Year 4 Year 5
Hourly Rate
RFP 9736 Contracted Fixed Route Transit Services Page 29 of 55
VII. LOBBYING CERTIFICATE
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 wide 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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VIII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , 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. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule attached hereto as Exhibit , consisting
of ( ) page,and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed pursuant
to this Agreement shall be initiated within ( ) days following execution of this
Agreement. Services shall be completed no later than . Time is of the essence. Any
extensions of the time limit set forth above must be agreed upon in a writing signed by the
parties.
4. Contract Period. This Agreement shall commence , 2022, and shall continue in full
force and effect until , 2023, 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.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of such
condition.
6. Early Termination by City. Notwithstanding the time periods contained herein, the City may
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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.
7. 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
8. 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 Project Manager. 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.
9. 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.
10. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
11. Independent Service Provider. The services to be performed by Service Provider are those
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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.
12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the City, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service Provider.
Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely
responsible for performance of all duties hereunder.
13. 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.
14. 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.
15. 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.
16. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
17. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and
seek damages; (b) treat the Agreement as continuing and require specific performance; or (c)
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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.
18. 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.
19. 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 ( ) 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.
20. 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
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision of this Agreement.
21. Utilization by Other Agencies. [Optional] The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
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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.
22. 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 prohibits unlawful harassment in the workplace, including
sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies
to all third-party vendors and their subcontractors at every tier.
23. 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
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law.
24. 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
CORA.
25. 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
( ) page, and Exhibit - Federal Transit Administration Terms & Conditions, consisting
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of fifteen (15) pages, attached hereto, and incorporated herein by this reference.
26. 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 Consultant must provide written notice to the City of such condition
within ten (10) days from the onset of such condition.
[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 owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
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 compensation, 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. §
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6101 et seq., which prohibits discrimination against individuals on the basis of age in
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., which 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 Service 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
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Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
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 sentence, 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.
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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 to 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
Protection 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. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT)
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Applies to all turnkey, rolling stock and operational contracts (excluding contracts for
transportation services exceeding $100,000.
The contractor agrees to comply and assures that each subcontractor will comply with all
federal laws, regulations, and requirements providing wage and hour protections for
nonconstruction employees, including Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40
U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards
Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and
Safety Standards Act),” 29 CFR Part 5.
16. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS
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 contract,
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
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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.
17. CHARTER SERVICES
Applies to all contract for Operational Services except micro-purchases.
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.
18. 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.
19. 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 representative
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
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"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 representative
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. 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).
20. 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.
21. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
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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.
22. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322)
Applies to all contracts except micro-purchases.
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
23. ADA ACCESS
Applies to contracts for rolling stock or facilities construction/renovation
1. The City must comply with 49 U.S.C. § 5332, which states the Federal policy that elderly
individuals and individuals with disabilities have the same right as other individuals to
use public transportation services and facilities, and that special efforts shall be made
in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities; all applicable
provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
794, which prohibits discrimination on the basis of disability; the Americans with
Disabilities Act of 1990 (ADA), as amended; 42 U.S.C. § 12101 et seq., which requires
that accessible facilities and services be made available to individuals with disabilities;
and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which
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requires that buildings and public accommodations be accessible to individuals with
disabilities.
2. All deliverable items deliverable items provided by the contractor for the City under this
contract shall comply with the above-referenced laws as well as all other applicable
federal, state and local regulations and directives and any subsequent amendments
24. 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.
25. 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.
26. 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
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
27. 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.
28. 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.