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CONTRACT - RFP - 9736 CONTRACTED FIXED ROUTE AND ON-CALL TRANSIT SERVICES
Official Purchasing Document Last updated 1/2023 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 WHC FTC, LLC DBA ZTRIP, a(n) Colorado limited liability company, 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 one hundred thirty-three (133) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 15, 2023, and shall continue in full force and effect until June 14, 2024, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 1 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 addresses: Service Provider: City: Copy to: WHC FTC, LLC dba zTrip Attn: William George 1300 Lydia Ave Kansas City, MO 64106 wmgeorge@ztrip.com City of Fort Collins Attn: Bill Griffith PO Box 580 Fort Collins, CO 80522 bgriffith@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. 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 B, consisting of one (1) 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. 7. 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. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 2 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 3 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Utilization by Other Agencies. The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 20. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 4 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. 21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, and Exhibit E - Federal Transit Administration Terms & Conditions, consisting of fifteen (15) pages, attached hereto, and incorporated herein by this reference. 24. 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 5 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: WHC FTC, LLC DBA ZTRIP By: Printed: Title: Date: Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 6 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 CEO 6/13/2023 Bill George Assistant City Attorney 6/16/2023 Chief Deputy City Clerk Official Purchasing Document Last updated 1/2023 EXHIBIT A SCOPE OF SERVICES I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins, Transfort Department, provides fixed route service to the community and is engaging the Service Provider to operate fixed route transit for two dedicated routes. Service Provider will also 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. B. Background Fort Collins is a 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 Agreement, 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: 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.) Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 7 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 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 Service Provider will be provided with operating and administration documentation which are included as attachments to this Exhibit A. The 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 Agreement. 6. Meet with the City on a regularly scheduled basis (monthly) to assess service performance, discuss operational issues and Agreement 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. City The City has the following responsibilities under this Agreement: 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 8 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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: Weekday Schedule 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 9 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. 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. 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 10 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Agreement. 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. 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 11 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 this Agreement. 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 Agreement. 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 Agreement. Failure to do so is grounds for immediate cancellation of the Agreement. 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 Agreement and only offer correct and appropriate information regarding the provision of service. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 12 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Agreement 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. 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 Agreement. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 13 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Agreement. Failure to immediately remove an ineligible operator from driving duties may be considered breach of Agreement. 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 Agreement 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. 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 14 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 The Service Provider shall make all criminal background checks for all operators who perform duties under the Agreement 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 Agreement. Within ten (10) days prior to the renewal of the Agreement, the Service Provider shall furnish the City with all information required by the City to document that the employees meet all requirements of the Agreement. The City reserves the right to disqualify any operator from performance of service under the Agreement. 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 Agreement. The training program shall ensure that employees who provide service under the Agreement 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. 6) Sexual Harassment, Diversity and Equal Employment Opportunity (EEO). Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 15 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 b. Trainers Trainers of Passenger Service and Safety (PASS) and Defensive Driving shall be certified instructors. These certifications shall be kept current during the Agreement 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 Agreement. 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 Agreement. 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 16 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Agreement 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 Agreement, 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 17 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Agreement. 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 Agreement. 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 18 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 • 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 Agreement 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 Agreement 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 19 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 835 Wood Street, Fort Collins, CO. The City will be responsible for all fueling costs, including tax. Under no circumstances, may the Service Provider use City provided fuel in vehicles for any work not specifically contemplated in the Agreement or any subsequent Amendments. In the event the Service Provider violates these terms, the Service Provider shall have its’ access to City fuel revoked and all fuel costs will become the sole responsibility of the Service Provider. 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 Agreement. • 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 Agreement 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 Agreement with the City without prior discussion and written approval by the Project Manager or designee. I. Agreement 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 Agreement Violations Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 20 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 (CV). The following rules will apply to the assessment of CV and application of the corresponding liquidated damages: 1. Assessing Violations 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 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 Agreement. 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 Agreement, 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 Agreement 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 Agreement 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 21 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Agreement violations can be applied to one infraction, only the highest value liquidated damage will be applied. Agreement 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 22 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 Agreement 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 Agreement 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 23 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. 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. L. COVID-19 Compliance 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 24 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT A Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 25 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 EMERGENCY PROCEDURES for Rural Transit Drivers Nati onal RTAP is a Federal Transit Administrati on program administered by the Neponset Valley Transportati on Management Associati on www.Nati onalRTAP.org 888-589-6821 Produced by the Nati onal Rural Transit Assistance Program (RTAP) Produced by the Nati onal Rural Transit Assistance Program (RTAP) Learner’s Guide Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 26 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Acknowledgements National RTAP’s Emergency Procedures for Rural Transit Drivers module was fi rst created in 1990 by Ream Lazaro and updated in 2010 to incorporate new industry practices and standards. Th is update and its related products were developed for National RTAP by Nusura, Inc. (www.nusura.com). Project Management Jim Chesnutt jim.chesnutt@nusura.com Gary Gleason gary.gleason@nusura.com Subject Matt er Exper ti se Gary Gleason Adrian Moy Interacti ve & Multi media Producti on Mark Amann Jim Chesnutt Andrew Hegel Bryan Dahlberg Disclaimer: Reference herein to any specifi c external resources does not imply endorsement by National RTAP. Resources and web links are provided solely for informational purposes and the convenience of the user. National RTAP does not control, review or approve these resources. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 27 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 1 Table of Contents Introducti on 3 I. Preparedness Vehicle Readiness . . . . . . . . . . . . . . . .5 Pre-trip Inspection . . . . . . . . . . . . . . . . 5 Emergency Equipment . . . . . . . . . . . . . . 5 En-route Inspection. . . . . . . . . . . . . . . . 6 Post-trip Inspection. . . . . . . . . . . . . . . . 6 Personal Preparedness. . . . . . . . . . . . . .6 Mental Preparation . . . . . . . . . . . . . . . . 6 Physical and Emotional Conditions. . . . . . . 7 Health Risks . . . . . . . . . . . . . . . . . . . . 7 II. Hazards and Threats Responding to Accidents and Incidents. . . . 10 Acts of Nature . . . . . . . . . . . . . . . . . 11 Hazardous Materials. . . . . . . . . . . . . . 12 Criti cal Infrastructure . . . . . . . . . . . . . 13 Criminal Acti vity . . . . . . . . . . . . . . . . 13 Terrorism . . . . . . . . . . . . . . . . . . . . 13 III. Emergency Procedures The Seven Steps of Crisis Management. . . . 16 Managing Crises a. Accidents and Incidents. . . . . . . . . . . .16 b. Acts of Nature . . . . . . . . . . . . . . . . .24 c. Hazardous Materials . . . . . . . . . . . . .26 d. Critical Infrastructure . . . . . . . . . . . .27 e. Criminal Activity . . . . . . . . . . . . . . .29 f. Terroristic Th reats. . . . . . . . . . . . . . .30 IV. Conclusion 35 V. Appendix Pre-trip Forms. . . . . . . . . . . . . . . . . . 36 Additi onal Resources. . . . . . . . . . . . . . 43 Exercise 1: Proacti ve Steps For Health . . . . . . .8 Exercise 2: On-board Orientati on . . . . . . . . . .8 Quiz: Preparedness. . . . . . . . . . . . . . . . . .9 Case Study 1 — Trespassing . . . . . . . . . . . . 14 Case Study 2 — Intruder Descripti ons. . . . . . . 14 Quiz: Hazards and Threats. . . . . . . . . . . . . 15 Case Study 3 — Accident. . . . . . . . . . . . . . 32 Case Study 4 — Hazmat . . . . . . . . . . . . . . 32 Case Study 5 — Diffi cult/Dangerous Passenger . 33 Quiz: Emergency Procedures. . . . . . . . . . . . 34 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 28 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 3 Introduction Th e role of a transit driver in an emergency can be critical to saving lives and protecting property. Because of the nature of the job, drivers are often the fi rst on the scene of accidents and incidents. Th at’s why it is important to be trained in emergency procedures. Th is training, combined with your experience and expertise, will help you remain calm, clearheaded and able to respond eff ectively during emergencies. Here is a recent real-world example from northwest Arkansas, shared by the manager of a small rural transit system: Our staff was recently put to the test when we learned a passenger on board was carrying what looked like a hand grenade and a hand gun tucked away in his waist band. I was able to make contact with the driver by cell phone at a satellite transfer point and the driver played out my ruse of a mechanical prob- lem on the bus perfectly while standing next to the gunman. Th e driver informed the gunman that another bus had been dispatched to com- plete his destination, and other passengers were transferred to a second bus. Our dispatch offi ce was coordinating with the police dispatch center the entire time in order to direct the offi cer to the subject. Th e gunman was standing just outside the bus when a police of- fi cer arrived. Th e driver of the fi rst bus was able to take cover in the second bus as the offi cer was approaching the gunman. Th e offi cer was able to remove the gun as the subject tried to reenter the bus. A scuffl e occurred just outside the bus at which point the subject pulled out a second gun and charged the weapon. Th e offi cer then shot the subject twice in the upper torso. Th e local media is focusing on the safe practices performed by the transit department that put passengers out of harm’s way... I think the credit should go back to the training that mitigated this tragic event from becoming more tragic. As a transit driver you will probably never face an event as extreme as this example, but sadly, there is a chance. However, there is a good chance you will face the risks of extreme weather, erratic drivers and hazardous material spills. Emergency Procedures for Rural Transit Drivers is a training program to help you anticipate, prepare for and respond to emergency situations. As a professional driver, you should be prepared for all emergency situations including: Vehicle collisions (accidents) Passenger falls and illnesses (incidents) Severe weather conditions (acts of nature) Chemical spills inside or outside your vehicle (hazardous materials) Mechanical breakdowns (critical infrastructure) Unruly passengers (can escalate to criminal activity) A bombing or bomb threat (terrorism) Th is workbook will provide you with guidelines that, when combined with your agency’s policies and your skills, will help you to make professional, eff ective decisions in emergency situations. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 29 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 4 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 30 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 5 Chapter 1 - Preparedness Vehicle Readiness Pre-trip Inspecti on Spot signs of trouble before getting your vehicle out on the road: On the approach, determine if the vehicle is leaning to one side. Th is could indicate a tire with low pressure or a suspension problem. Check for body damage and signs of tampering. Check the exhaust for signs of tampering or attached objects. Check tires for sidewall damage and uneven tread wear. Look for oil and other fl uid leaks, especially under the engine, transmission and drivetrain. Always perform a complete brake check as appropriate for your vehicle. Cycle the wheelchair lift. Confi rm proper raise and lower functionality. Check for fl uid leaks coming from the lift mechanism. To prevent problems that could lead to accidents or injury, no vehicle should be placed in service if any of these key safety items are defective: Windshield (should be free of cracks or defects) Rear view mirrors (should be free of cracks or defects) Windshield wipers Lights: headlights, brake lights, turn signals, hazard fl ashers Horn Tires and wheels Brakes Emergency Equipment Emergency equipment that must be on-board the vehicle includes: First aid kit Biohazard kit Fire extinguisher Th ree emergency triangles Seatbelt cutter within reach of the driver while seated Additional recommended emergency equipment includes: Flashlight (check batteries frequently) Tools including screwdrivers, adjustable wrenches, pliers and other small tools to make minor vehicle repairs as your system policies permit Wheel blocks for securing the vehicle and preventing a rollaway when parked on an incline Additional optional or seasonal emergency items include: Blankets—Useful in all climates, particularly for injury and shock victims. Water—Especially important in arid, dry areas. Sand/Salt—Used to improve traction in snow and ice or to free a stuck vehicle. (Salt should be stored in a waterproof container). Shovel — May be required to dig out a stuck vehicle. Is frequently used in combination with sand and salt. Tire chains to improve traction in ice and snow. Emergency equipment should be readily available but stored out of the way of passengers and the driver. All equipment should be secured so as not to present a safety hazard to passengers in the event of a sudden stop. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 31 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 6 En-route Inspecti on While you are driving, watch gauges and use your senses (Look, Listen, Smell, Feel) to check for signs of trouble. Looking for trouble Monitor gauges and warning lights (alternator, coolant temperature, oil pressure, air pressure) Loss of electrical power in lights, heater fans or other accessories Evidence of oil or other fl uid leaks Smoke or steam coming from under the dash or hood Listening for trouble Sharp knock when accelerating Light knock when the engine is idling Clicking or tapping (valve noise) Continuous or intermittent squeal (belt noise) Loud exhaust Engine backfi ring, sputtering or missing Steam or hissing from the engine Squealing or grinding sound from the brakes Smelling trouble Fuel odor Burning rubber Burning oil Hot brakes Hot electrical wires Exhaust fumes Feeling trouble Excessive vibration in the engine, steering wheel or transmission Low or high speed shimmy Diffi cult or wandering steering (pulling to the left or right) Pulling to the left or right when braking Post-trip Inspecti on When changing vehicle assignments, relieving another driver in service or at the end of a shift, you should perform another vehicle inspection and complete the appropriate inspection form. Federal Motor Carrier Safety Administration (FMCSA) regulations (Part 396—Inspection, Repair and Maintenance) state that, “A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle.” Key items to check include: Parking brake is set and secure Transmission is in park or neutral, or left in gear (manual transmission), as appropriate for the type of bus Engine is turned off All passengers have exited the vehicle No passenger’s personal property was left on board All windows and hatches are closed No new signs of damage or vandalism are apparent inside or outside the vehicle Interior and exterior lights and other electrical accessories turned off For additional information on vehicle safety, see the National RTAP module, Safety Training and Rural Transit (START), available for free at: http://portal.nationalrtap.org/iframe/getfi le. aspx?id=184 Personal Preparedness An emergency can happen at any time. Challenging weather conditions, vehicle breakdowns, other drivers’ mistakes or a passenger’s illness can happen at anytime. You must be prepared for all possibilities. Mental Preparati on Preparing yourself mentally is not automatic. It takes time and thought to identify and consider the types of emergencies that you might encounter. Evaluate your personal limitations. Th e way you feel physically can infl uence your ability to react. Lack of sleep, illness, personal problems, and especially drug and alcohol use will reduce your ability to avoid emergency situations, or worse, could be the reason you become involved in an emergency. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 32 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 7 Physical and Emoti onal Conditi ons Your safety begins with reporting to work rested, calm and in control. To achieve this, maintain a healthy lifestyle that includes exercise, a healthy diet and suffi cient rest. Strive also for a degree of mastery over unnecessary stress. Alcohol in any amount aff ects focus and judgment. Federal law prohibits its use on the job or within four hours before reporting for work. Prescription medication may also diminish your ability to safely operate a vehicle. Possible side eff ects of medication should be discussed with your physician. Several common over-the-counter medications, including cough and cold remedies and antihistamines, can also cause drowsiness which aff ects safety. Health Risks According to the FMCSA, the following have been identifi ed as core risk factors for professional drivers: Smoking—Increases heart disease, lung disease and is a leading risk factor in contracting cancer. Obesity—Increases the risk for cardiovascular diseases, hypertension and diabetes, and can increase problems with arthritis, back and joint pain. Hypertension (high blood pressure) — Increases the risk of heart disease, kidney failure and stroke. While it can be controlled with drugs, weight reduction sometimes eliminates the need for drug therapy. Symptoms may include fatigue, severe headache, chest pain, breathing diffi culty and irregular heartbeat. Depressants and alcohol—Can produce drowsiness, slurred speech, loss of coordination and impaired reaction time. A Brunel University study found that hung-over drivers left their lanes four times as often and committed twice as many traffi c off enses as their sober counterparts. Stimulants, legal and illegal — Elevate blood pressure, can produce restlessness and headaches, and may induce insomnia and irrational behavior such as aggression and hostility. Stress—Increases the incidence of hypertension as well as cardiovascular, gastrointestinal and immune defi ciencies, and is a risk factor in other diseases including depression and obesity. Poor eating habits—Can be one of the most decisive factors in individual health. Lack of physical activity—Can increase the risk of physiological illnesses such as depression, anxiety and stress, as well as physical illnesses such as obesity, heart disease, hypertension and some cancers. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 33 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 8 Directi ons: After reviewing the physical and emotional conditions that are known to aff ect driving behavior, carefully consider each of the questions below. List the action steps (in short answer or bullet form) you could take under each category, and be prepared to discuss your answers. 1. Fatigue—What proactive steps will you take to be well rested before your shift begins? 2. Stress Management—What proactive steps will you take to live a low-stress lifestyle? Directi ons: You will practice and demonstrate emergency procedures in simulated operating conditions using a bus or paratransit vehicle. Your instructor will be available for discussion, coaching and post-exercise debriefi ng. 1. Identify and locate required emergency equipment on your vehicle. 2. Demonstrate proper operation of all emergency exits—doors, windows and hatches—on each type of vehicle in your fl eet. 3. Demonstrate operation of the wheelchair lift with and without power. 4. Demonstrate use of a seatbelt cutter: receive hands-on practice cutting restraint belt material. Variation 1: simulated practice cutting personal restraint belts, leaving wheelchair- securing belts intact. In this scenario, the person is extracted from the mobility device and moved from the vehicle. Th e mobility device is left behind and the lift is assumed to be non-operational. Variation 2: simulated practice cutting personal restraint and restraint belts so the individual can be evacuated along with the mobility device; the lift is assumed to be operational. 5. Emergency evacuation: hands-on practice using a drag blanket, practicing using the grasping- under-the-armpits drag method, and the two- person-under-the-armpits drag method. Exercise 1: Proacti ve Steps for Health ~20 Minutes 3. Health and Nutrition—What proactive steps will you take to live a healthy lifestyle? Exercise 2: On-board Orientati on ~60 minutes Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 34 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 9 1. True or False: As a transit driver you are required to report to work fi t for duty. Th is includes appropriate physical, mental and emotional condition. A. True B. False 2. Th e purpose of the pre-trip inspection is to: A. Ensure that every shift starts off smoothly B. Eliminate the threat of terrorism C. Determine what repairs are needed D. Assess the safety of your transit vehicle before putting it into service 3. True or False: Th ere are fi ve basic life safety items that must be on your vehicle: a fi re extinguisher, a fi rst aid kit, a biohazard kit, a seatbelt cutter and three triangle refl ectors. Additional emergency equipment may be recommended in your agency’s policies and procedures. A. True B. False Chapter 1 Quick Quiz: Preparedness 4. What is your most important driver safety tool? A. Fire extinguisher B. Biohazard disposal kit C. Flashlight D. Your brain 5. When conducting a pre-trip inspection you should look for signs of tampering. Th is includes: A. Scratches or marks made by prying tools B. Additional wires leading from the battery C. Items attached to the vehicle, wheel wells or frame with magnets or duct tape D. Missing or unusual light bulbs E. All of the above Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 35 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 10 As a transit driver you face safety hazards and security threats on a daily basis. Th is section identifi es those hazards and threats in each of the six categories: Accidents and Incidents Acts of Nature Hazardous Materials Critical Infrastructure Criminal Activity Terrorism Accidents and Incidents Vehicle accidents and incidents may include any of the following: Passenger slip, trip, bump or fall while boarding, exiting or riding on the vehicle Passenger illness or medical emergency Blood or bodily fl uid spill Vehicle breakdown On-board fi re Vehicle going off -road A collision with another vehicle, bicyclist, pedestrian or fi xed object Injury to the driver, a passenger or other vehicle occupants due to any of the vehicle actions above Preventing accidents is, in large part, adapting to the conditions that allow you to maintain a margin of safety. Th is may include deciding not to drive any farther in unsafe conditions. Vehicle Fires Vehicle fi res can be caused by faulty wiring, engine failure or other factors, and are a prime cause of transit fatalities. Skids and Skid Recovery Tires rolling over snow, ice, water, wet leaves, loose material, extremely hot tar or oily patches can reduce traction and cause skids. Th ere are two types of skids: power skids and braking skids. Chapter 2 — Hazards and Threats Power Skids Braking Skids A power skid occurs as a result of too much acceleration, causing the drive wheels to lose traction and spin free of the road surface. This usually results in fishtailing, with the rear of the vehicle sliding to one side or the other. Braking skids occur when wheels lock up and slide along the surface of the road. This usually happens when braking on wet or slippery surfaces. The vehicle will continue in the direction its momen- tum carries it and will not respond to steering inputs until rolling friction is re-established. Braking skids are particularly hazardous on curves or down grades in ice and snow. Since all four wheels are involved, braking skids can be unpredictable and more difficult to control. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 36 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 11 Darkness Obviously, the main concern when driving in darkness (whether at nighttime or early morning, during dust storms, fog or inclement weather) is reduced visibility. Less obvious is the fact that poor visibility can be made even more challenging by several factors: Visual reaction time diff ers among drivers depending on age, medical conditions and other factors. Th e transit driver and/or other drivers may have reduced ability and concentration because of fatigue. Some drivers don’t turn on their headlights. At night, there may be an increased number of intoxicated drivers on the road. Acts of Nature Acts of nature include a wide range of conditions that aff ect traction, visibility and vehicle stability. Below is a description of the types of acts of nature commonly encountered by transit drivers. Emergency response protocols for the following types of hazards will be covered in the next section, Emergency Procedures. Darkness Rain, snow, sleet and ice Earthquakes Landslide or avalanche Wildfi re Tornado Severe thunderstorms Flooding Hurricanes Strong winds Dust storms Visual reaction time is the time it takes a driver’s night vision to return to normal after being blinded by bright lights. Below are some specifi c causes that make visual recovery time higher for some individuals than for others: Age — recovery time increases as people get older High blood pressure Diabetes Other medical conditions Rain, Snow, Sleet, Fog and lce Th e primary dangers associated with rain, snow, sleet, fog and ice are reduced visibility and reduced traction. Problems can include: Windshields that are fogged, frosted or covered with ice or snow Limited visibility even under good lighting conditions Covered or hidden lane markings that confuse your sense of position on the road Wet leaves and loose gravel on the road Compacted snow and ice Inability of other drivers to handle or adjust to conditions Traffi c obstructions including stalled vehicles, accidents and reduced road clearance from plowed roads Severe Thunderstorms Severe thunderstorms with accompanying heavy rains and high winds can create a variety of problems including fl ooding, downed trees and power lines, and power outages. Flooding Flooding can be caused by intense rainfall, storm surge, rapid snowmelt, ice jams, dam breaks or levee failures that carry debris onto roadways and cause vehicles to become waterlogged or swept from the road. Dust Storms Dust storms occur when strong winds whip dirt, sand and dust into the air. Dust storms can travel for hundreds of miles and reduce visibility to near zero. Landslide or Avalanche Landslides, snow slides and mudfl ows can block roadways, bury vehicles and sweep them off of roadways. Th ey are often associated with heavy storms and fl ooding in hilly or mountainous terrain. Earthquakes can also trigger landslides or avalanches. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 37 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 12 Wildfi re Forest fi res or wildfi res can blaze a wide swath of destruction, reduce visibility and impair air quality. Tornado High winds have the potential to cause fl ying debris, downed trees and/or power lines, and make roadways dangerous or impassable. Tornadoes are often predicted ahead of time allowing the transit system to get vehicles and passengers to locations that can provide shelter. Adequate consideration, time and resources should also be dedicated to meeting the specifi c needs of passengers using mobility devices and durable medical equipment. According to the National Weather Service, the following may indicate a tornado is possible: Dark, sometimes greenish sky A large, dark, low-lying cloud Large hail Loud roar (similar to a freight train) Hurricanes Hurricanes are major storms with damaging winds that can cover a wide area. While the greatest wind damage occurs where the storm is located, drenching rains combined with a storm tide can produce extensive fl ooding far inland. Th is type of fl ooding accounts for the majority of hurricane-related deaths. Earthquakes Earthquakes range from minor tremors that cause little damage to catastrophic events that cause widespread destruction and casualties. A major earthquake can cause bridges and roadways to collapse, widespread power and utility outages, rock and mudslides, and tsunami waves capable of fl ooding low-lying areas up to two miles inland. Hazardous Materials A variety of fl ammable, combustible, explosive and reactive substances are commonly shipped by rail or truck. Th ese Toxic Industrial Chemicals (TICs) are commonly manufactured, stored and transported for use in industry. TICs can be hazardous as carcinogens, corrosives and agents that aff ect the lungs, skin and/ or blood. Th e U.S. Department of Transportation (USDOT) requires that these chemicals be clearly marked with placards that warn about the toxicity of the substance and identify it using a standardized coded numbering system. While you are not expected to be expert at identifying hazardous materials based on reading placards, you do need to know that chemical releases and hazmat incidents can result from truck accidents or train derailments involving transportation of TICs. Sample hazardous materials placards are pictured below. Th e most dangerous materials are Radioactive, followed by Infectious, and then Oxidizer. Naturally, there are also hazardous materials transported on our roadways illegally and therefore may not be labeled or marked at all. Symptoms of a Toxic Chemical Release: Two or more people experiencing diffi culty breathing, uncontrollable coughing, collapse, seizure, nausea, blurred vision or disorientation A cloud, mist, fog, fi ne powder, dust, liquid or oily residue with no explainable source Items emitting an unexplainable or pungent odor or vapor Abandoned or out-of-place aerosol or manual spray devices re a re a l so haza rdous terials transported on r roadways illegally d therefore may be labeled or rked at all. mptoms of a Toxic i l R l Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 38 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 13 Criti cal Infrastructure Severe storms and natural disasters often result in damage to critical infrastructure. Th is may include: Electric power Landline telephone services Cell phone services Cable TV and internet connections Natural gas lines Municipal water systems Sewage treatment systems Petroleum pipelines Underground storage tanks (used for gasoline and diesel, lubricants, and coolants) Loss of power and loss of communication services have the potential to impact transit service and transit drivers the most — at least initially. In a major disaster, it may take days or even weeks to get critical infrastructure and utilities restored. Criminal Acti vity Criminal activity on, in or near transit facilities can pose a threat to transit employees and customers. Common crimes include: Fare evasion Vandalism Disorderly conduct Th eft of property More serious crimes are less frequent, but can have traumatic impacts on victims and undermine confi dence in the transit system for employees and customers alike. Warning signs of criminal activity in the community and indicators of escalating violence should be observed and reported as a means of crime prevention. Serious crimes that have been perpetrated on transit systems include: Robbery Assault Assault with a weapon Commandeered vehicle Rape Homicide All crimes and indicators of possible criminal activity should be reported to transit system management and law enforcement. Diff erent, Diffi cult and Dangerous Passengers As a driver you will encounter a broad spectrum of people. Some of those people may have very diff erent ideas, values and beliefs than you. This can be a positive part of the job. You are also likely to have some diffi cult passengers. Examples of diffi cult behavior include: verbal abuse, sexual advances, dementia, incontinence, fare refusal, off ensive odors, and seizures and other medical conditions. Be alert if a passenger’s demeanor changes from diff erent and diffi cult to dangerous. If a person will not calm down after reasonable eff orts to problem- solve and communicate with respect, their behavior may escalate and become dangerous. Some warning signs include: Visibly increased agitation, sudden movements Hostile or aggressive facial expressions, intense or unbroken eye contact, and violations of personal space Raised voice or shouting with the inability to control escalating anger Th reats or expletives Th reatening posture or actions such as a clenched jaw, closed fi sts or heavy breathing Suggestion or evidence of a weapon Known history of violent behavior For more information see the Problem Passengers; Challenging Situations training module. It is available at www.NationalRTAP.org . Terrorism Sometimes the line between criminal activity and terrorism is not clear. While it is not very common, criminals and disturbed individuals may be capable of violent crimes. Past incidents have included hostage takings and murder. Th e diff erence between a crime and a terrorist attack is rooted in the motivation of the perpetrator. Terrorism refers to violent acts that are intended to create fear and are perpetrated for an ideological goal. Terrorist att acks may include: Armed attack on board a transit vehicle Hostage situation on board a vehicle or at a transit facility Bomb threat or attack Chemical, biological or radiological attack Suspicious Packages: H-O-T Items One challenge facing drivers and other transit employees is making the distinction between ordinary lost and found items and potential terrorist weapons such as improvised explosive devices or chemical, biological or radiological dispersal devices. While the odds are it’s a lost and found item, how do you know for sure? Details on recognition of suspicious packages are provided in the next section, Emergency Procedures. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 39 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Directi ons: You have 10 to 15 minutes to read and discuss your assigned case study and develop strategies for a successful resolution. Your workgroup will then have approximately fi ve minutes to present your case study, off er your preferred solution(s), and discuss the case with your instructor and the entire group. Choose one member of your group to record your responses to the following case studies: List the challenges and problems you would anticipate in each scenario. Develop a list of “action steps” you will need to take in response to the incident. Put the steps in priority order. What resources (responders) will you need at the scene to assist you? Choose one member of your group to make a simulated radio call to the dispatcher to report the incident and request assistance. Case Studies ~20 Minutes Each Today, you are assigned the earliest run scheduled to report at the yard at 5:00 AM. You arrive a few minutes early, check in, and are walking out to the area where the buses are parked. You notice two young men walking away from a row of parked buses and headed in your direction. When they see you they change directions and quickly exit the bus yard. What concerns would you have regarding the presence of the two young men in the bus yard early in the morning? What steps should you take to make sure your vehicle has not been vandalized or tampered with? Should you report this incident? If yes, to whom would you report it and what would you report? What can employees do to improve security at their agency without spending any additional agency funds? Case Study 1 — Trespassing You are about to see a picture of the “two young men” from the previous exercise. Th e picture will be displayed for ten seconds. Working individually, write down all the details you can remember about the two men. You have fi ve minutes to complete this task. Now, working as a team with the other members in your group, develop a single composite description of the two men. Choose one member of your group as the writer and record your descriptions on fl ip chart paper. How were the descriptions from each team similar? Were there any diff erences? After seeing the photo of the two men again, how accurate were the descriptions? Which team developed the most complete and accurate description? What contributed to the most accurate descriptions? What do you think contributed to the less accurate descriptions? Case Study 2 — Intruder Descripti ons 14 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 40 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 1. True or False: Road conditions are seldom the cause of vehicle accidents. Drivers who fail to adjust to adverse conditions cause most accidents. A. True B. False 2. Visual recovery time refers to: A. How long it takes to clean up and remove damaged equipment following an accident B. How long it takes from when you notice your supervisor until you revert to doing your job correctly C. Th e time it takes a driver’s vision to return to normal after being blinded by a bright light, such as headlights or sunshine D. Th e fact that older adults and people with medical conditions such as high blood pressure and diabetes have a harder time driving at night Chapter 2 Quick Quiz: Hazards & Threats 3. When faced with adverse road conditions that reduce visibility and/or traction, you should: A. Notify dispatch, unload your passengers and call it a day B. Ask fellow drivers what they think the optimal speed is C. Reduce speed, increase following distance and anticipate trouble spots D. Tell your passengers they are going to be late 4. Warning signs that can indicate the diff erence between a diffi cult passenger and a dangerous passenger include: A. Voiced threats or expletives B. Th reatening body posture such as a clenched fi st C. Suggestion or evidence of a weapon D. Known history of violent behavior E. All of the above 5. Warning signs of a toxic release include: A. Abandoned or out-of-place aerosol or manual spray devices B. A cloud, mist, fog, fi ne powder, dust, liquid or oily residue with no explainable source C. Items emitting an unexplainable or pungent odor or vapor D. Two or more people experiencing diffi culty breathing, uncontrollable coughing, collapse, seizure, nausea, blurred vision or disorientation E. All of the above 15 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 41 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Now that you’re familiar with the range of hazards facing transit drivers, it’s time to identify specifi c actions to take in case of an emergency. Whenever you encounter emergency situations, from fender-benders to terrorist attacks, there are seven steps you can take to assess the situation and determine the appropriate actions. Th ese are the Seven Steps of Crisis Management: Th is unit will guide you in using the Seven Steps of Crisis Management when encountering the types of emergencies you are likely to face as a transit driver. Responding to Accidents and Incidents Depending on the severity of the emergency, your response measures will change. But the steps you take should remain the same. Here are some guidelines for how to react calmly after an accident. 1. Protect Yourself Th is is a simple but crucial step. In an emergency, your fi rst thought may be to risk yourself to save others, but risking injuring yourself will only put your passengers at greater risk. Keeping yourself safe ensures that someone is on scene with the skills and training to help others. If you are in danger, take steps to remove yourself from the threat. Once you are sure you are away from immediate danger, focus on your passengers. 2. Assess the Situati on Ensure you are not injured or in immediate danger. Check your location. DO NOT move your vehicle unless: Instructed to do so by law enforcement Leaving the vehicle where it is would expose the passengers to greater danger (for example staying in a busy traffi c lane, near a forest fi re, or on a blind curve) Assess the condition of your passengers. Assess the condition of your vehicle. Ensure that there is no immediate danger from fuel leaks or fi re. Th e fi rst few minutes following an accident are critical. Th e information you gather now will guide how you, your agency and emergency personnel will respond to the situation. 3. Noti fy Dispatcher/Request Aid Whenever you are involved in an emergency, contact the dispatcher as soon as possible. Be ready to provide the following information: Your exact location Th e type of emergency and a brief description of what occurred Th e type of help you will need from police, fi re and EMS responders Whether or not you are blocking traffi c and if the vehicle can be safely moved Th e number of passengers on board the vehicle, the number of wheelchair passengers, and the nature and severity of any injuries, including whether or not you are injured Note: If the situation changes before responders arrive on scene (for example, a fi re spreads requiring evacuation of the vehicle), notify dispatch of the changes to the situation. Th is will provide the latest information to responders. Chapter 3 — Emergency Procedures The Seven Steps of Crisis Management 1. Protect Yourself 2. Assess the Situation 3. Notify Dispatcher/Request Aid 4. Protect Others 5. Secure the Vehicle 6. Gather Incident Information 7. Complete Post-incident Reports 16 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 42 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 4. Protect Others If you have not already done so, secure the vehicle by disengaging the transmission, setting the brakes, turning off the engine, and turning on your four-way fl ashers. If there are injuries, provide aid to the extent you are trained and able. Your goal is not to treat but rather to stabilize the injured until emergency medical personnel arrive. In a serious accident it is possible that several people may be injured, some seriously. Triage is a process of prioritizing care for passengers based on the severity of their injuries. It means taking an inventory of who needs attention immediately and who can wait. Remember, you are in charge. Passengers will look to you to provide leadership, calm and instructions. Inform passengers of: Th e nature of the situation How long the delay is expected to last What is being done to respond to or correct the problem Keep passengers on the vehicle unless remaining in place presents a life safety hazard. Considerations may include: Exposure to traffi c or other dangerous conditions Weather conditions Comfort of surrounding area Unless the vehicle is in a place where it may be hit by another vehicle or there is a danger of fi re or exposure to a harmful substance, it is usually safest and most effi cient to have the passengers remain on the vehicle. Th is provides shelter from the elements and keeps passengers in a single, safe space. It also facilitates effi cient communication. Ensure that passengers with disabilities, the elderly, children and other vulnerable people do not become chilled or overheated. Use the bus climate control as needed. Once the immediate situation is resolved, work with the dispatcher to assist the passengers in continuing on to their destinations. If passengers must be transferred to another vehicle: Ensure there is a clear path between the vehicles. Inform your passengers that they are to change vehicles and give specifi c directions. Stand at the door to assist passengers. Off er an apology for the delay. Facilitate exiting and transferring for passengers with mobility devices. If it is dark, use a fl ashlight from the emergency kit or use your vehicle’s headlights to light a path. 5. Secure the Vehicle If your vehicle is disabled on a roadway, protect the passengers and vehicle from further exposure to injury and damage. Th en, follow these guidelines to secure the vehicle and prevent a rollaway. If you decide the safest course of action is to move the vehicle off the roadway, make sure the location: Is out of the way of traffi c Has a good line of sight for other traffi c and is not obscured by a curve or the crest of a hill Allows easy access for emergency response or service vehicles Has suffi cient room for passengers to safely get off the vehicle (including those with mobility devices) Is close to support services (street lighting, stores or retail establishments) Turn on the four-way fl ashers. If the vehicle is on a grade, turn the front wheels against the curb to prevent a rollaway (if there is no curb, block the rear wheels against the grade). Put the transmission in park or neutral as dictated by the type of vehicle, set the brakes and shut the engine off . Set fl ares / triangles to warn approaching motorists as described below. 17 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 43 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Triangles/Flares Once the vehicle is parked, protect the vehicle with fl ares or triangles. Th e exact placement will depend on the road, traffi c and visibility, but the following general guidelines apply: Two-lane Road: Place one fl are/triangle 100 feet behind the vehicle in the center of the obstructed lane. Place the second fl are/triangle 10 feet behind and to the traffi c side of the vehicle. Place the third fl are/triangle in the obstructed lane 100 feet ahead of the vehicle. Divided Highway: Place one fl are/triangle 200 feet behind the vehicle on the right side of the obstructed lane. Place the second fl are/triangle 100 feet behind the vehicle in the center of the obstructed lane. Place a third fl are/triangle 10 feet behind and to the traffi c side of the vehicle. 100 ft.100 ft. 10 ft. 100 ft. 10 ft. 200 ft. 100 ft. 100 ft . 10 ft . On a Curve or Hill: Place fl ares/triangles anywhere they will provide adequate warning to oncoming traffi c Remember: Reflective triangles are recommended over flares except in extremely adverse weather conditions. Always point flares away the from the vehicle and your body when lighting and never use them if there is any possibility of a fuel leak in the vicinity. 18 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 44 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 If you must position the vehicle on a hill, remember the following wheel positions for maximum safety: Uphill with curbing: front wheels to the left, secured against the curb. Chock block fi rmly placed behind a rear tire. Uphill without curbing: front wheels to right, chock block fi rmly placed behind a rear tire. Downhill with or without curbing: front wheels to the right. Chock block placed fi rmly in front of a rear tire. 6. Gather Incident Informati on As soon as possible (while you are still on scene), start taking notes. Describe what happened, documenting all the relevant details you can. To make information gathering easier, many transit systems provide report forms or information cards in an accident kit kept inside the vehicles. Ask all passengers and witnesses to complete courtesy cards including their names, phone numbers, email and any other information they can provide. Collect courtesy cards to submit along with your written report. Collect information from other driver(s) including: License plate number(s) of other vehicle(s) involved Make, model and color of other vehicle(s) involved Names, addresses, phone numbers and drivers license number(s) of those involved Names, addresses and phone numbers of any other vehicle occupants Insurance carrier and policy numbers of other driver(s) Collect information from fi rst responders: Name of the ambulance company and hospital to which injured were transported Names, department and badge numbers of responding police offi cer(s) Names, stations and badge numbers of responding fi re offi cer(s) To protect your personal interests and reduce potential liability for your agency, do not talk to anyone about the accident except for the appropriate authorities. Refer media inquiries to agency management or to the public information offi cer. 7. Complete Post-incident Reports When the accident is over and you are safely at the transit facility, quickly and concisely capture all the data you have collected from the incident. Th is information is critical for identifying the events that led to the accident, your response measures, and any possible follow-up that is needed. Th ese reports not only help the agency with possible legal follow-up, but will assist in preventing accidents in the future. In addition to the information gathered above, document details that may be needed for a later investigation or court case, including: Were there any liquor or beer bottles, or signs of drugs in the other vehicle(s)? Did you have any other pertinent observations, including the condition and behavior of the other driver(s) or vehicle occupants? Did you notice anything unusual about the scene or the vehicles involved? On-board Injury and Illness When faced with an on-board injury or illness, follow the Seven Steps of Crisis Management to keep the injured passengers as comfortable as possible until medical assistance arrives. 1. Protect Yourself—Ensure the vehicle is stopped in a safe location so you can lend aid without risk to yourself. 19 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 45 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 2. Assess the Situation —What is the injury or illness? How many people are involved? Do you need outside assistance? Can the victim, or those traveling with the victim, provide helpful information? 3. Notify Dispatcher/Request Aid —Inform dispatch of your exact location and the situation. Communicate your location fi rst in case communications get cut off . 4. Protect Others —Ask healthy passengers to remain seated or to move away from an ill passenger as appropriate. If there is risk of broken bones or spinal damage, DO NOT move the victim until medical assistance arrives. If all injuries are minor, provide aid using the on-board fi rst aid kit. Isolate bodily fl uid spills following the procedures detailed on page 22. 5. Secure the Vehicle —Secure the vehicle as necessary according to steps outlined above. 6. Gather Incident Information —Gather completed passenger comment cards from passengers, injured parties and other witnesses. Take pictures if possible. 7. Complete Post-Incident Reports —Complete an incident report as soon as it is practical. Tips Regarding On-board Illness While there are hundreds of conditions that might cause a passenger to become ill, this section will focus on three common conditions: motion sickness and heart attacks, seizures, and strokes. Moti on Sickness & Heart Att ack Motion sickness is common among vehicle passengers but its symptoms can be confused with those of a heart attack. Th e following indicators can be associated with either motion sickness or heart attack: Nausea Profuse sweating Hyperventilation (dizziness caused by rapid breathing) Paleness Claustrophobia (feeling of being closed in or unable to breathe) Dizziness Additionally, heart attack victims often (but not always) complain of: Pain or pressure in the arms, neck, jaw or chest Often, the person experiencing a heart attack will deny having a problem. It is best to err on the side of caution and request medical attention because of the risk of serious injury or death. Have the passenger sit in the fi rst seat on the right side. Th is helps reduce claustrophobia and other symptoms because the passenger can easily see outside. Have the passenger breathe deeply and slowly. Th is will reduce nausea and prevent the passenger from hyperventilating. Consider opening a window to improve airfl ow near the passenger and reduce nausea and possible feelings of claustrophobia. Seizures A seizure rarely lasts more than two or three minutes. Advise your dispatcher and request medical aid at the fi rst indication that a passenger is having a seizure. Th e driver’s primary concern should be preventing the person experiencing seizures from injuring themselves or others. Indications of seizures include: Loss of concentration or consciousness Loss of bladder control Foaming at the mouth Dazed expression Falling to the fl oor Spastic and convulsive motions Abnormal breathing patterns What you should not do in the case of a seizure: Do not try to keep the individual from moving. Th ere is no way the movement can be stopped and you are likely to be hurt yourself. 20 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 46 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Do not put anything in the person’s mouth or try to hold his/her tongue. What you should do: Keep other passengers away. Remove any hard objects within the passenger’s reach and cushion his/her head. Remove eyeglasses as appropriate. Vomiting may occur during the seizure. If the vomit is not expelled there is a possibility of choking. Turn the individual’s head (and body, if possible) to one side or downward so that any vomit drains away from the mouth. Signs of Possible Stroke Disorientation Diffi culty speaking or slurred speach Loss of movement on one side of the body Loss of consciousness As with any medical emergency, follow the Seven Steps of Crisis Management. Passenger Triage Triage is a process of prioritizing care for passengers based on the severity of their condition. It is a means of taking inventory of who needs attention immediately and who can wait. Just like other emergencies, you can follow the Seven Steps of Crisis Management to assist in triage situations. 1. Protect Yourself —Put on rubber gloves from the fi rst aid kit and avoid direct contact with blood and other bodily fl uids. Take care to ensure that you remain safe and continue to manage emergency operations until fi rst responders arrive on scene. 2. Assess the Situation —Focus on the big picture. Are there other imminent dangers? Can you establish immediate communications with dispatch? What is the number of casualties? Assign willing bystanders to administer aid to others. Focus on the ABC’s of fi rst aid: Airways, Breathing and Circulation. Persons whose airway is blocked or obstructed will need immediate intervention. Individuals whose heart has stopped beating or who are bleeding excessively will need intervention quickly in order to remain viable. A rapid assessment of those with injuries may help you to divide the injured into three categories following the acronym KID: K (killed), I (immediate aid required) and D (delayed treatment possible, also known as “walking wounded”). An accurate triage assessment will help you to focus activities on individuals who can be saved by immediate intervention. 3. Notify Dispatcher/Request Aid —As soon as possible, notify dispatch of your situation. It’s best to immediately notify your dispatcher of your location and to provide a brief (less than 30 seconds) situation description to activate fi rst responders. Tell the dispatcher you will follow up in a few minutes with more details. Later, contact dispatch with further information including the number and severity of injuries and all other available details. 4. Protect Others —In a multiple casualty event, you may need the aid of able-bodied passengers to save as many lives as possible. You and any volunteers should: 1. Put on protective gloves from the fi rst aid kit, 2. Assist those who are having diffi culty breathing, and, 3. Apply direct pressure to severe wounds to reduce bleeding. 21 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 47 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Once all of the passengers’ conditions have stabilized your job will be to keep injured passengers as comfortable as possible while waiting for help. Use a blanket or coat to keep the passengers warm and to prevent shock. Loosen restrictive clothing. Do not give passengers food, drink or medication unless medical warning tags instruct to do so. Do not provide fi rst aid, medical treatment or CPR unless you are certifi ed, you have the appropriate equipment, and transit system policy permits it. Reassure the other passengers. Reassure the injured passengers. Regularly check injured or ill passengers’ status, focusing on the rate and quality of their pulse and breathing. Note changes over time to relate to fi rst responders when they arrive on scene. 5. Secure the Vehicle —Secure the vehicle as necessary according to the steps outlined under the Responding to Accidents and Incidents portion of this chapter. 6. Gather Incident Information —Gather all pertinent information from passengers and other witnesses. Ask other passengers to fi ll out courtesy cards and complete all required incident documentation. Take pictures if possible. 7. Complete Post-incident Reports —After the incident, fi ll out an incident report upon the completion of your shift. If a passenger is unconscious, follow the steps above, plus: Ask other passengers if they know what is wrong with the passenger. With gloves on, check the passenger’s wrists and neck for medical warning tags. Follow the directions on the medical warning tags. Administer CPR if necessary and permitted by system policy. Bodily Fluid Spills / Blood-borne Pathogens Bodily fl uids—blood, vomit, urine, excrement and saliva—can transmit blood-borne pathogens such as Hepatitis B, HIV and others. Follow the Seven Steps of Crisis Management and your system’s policy on handling biohazards. In some cases you may be instructed to secure the vehicle, isolate the scene and wait for assistance. Th e following are some guidelines employed by many transit systems: Contact the dispatcher and describe the situation. Request that passengers move away from the spill area. Avoid touching, stepping in or splattering the spill. Locate the biohazard kit on your vehicle. Put on the disposable gloves found in the biohazard kit. Cover the spill area with the absorbent found in the biohazard kit. Using the scoop from the biohazard kit, place any contaminated materials in the biohazard bag provided in the kit. Apply disinfectant to the spill area, if available. If the clean up includes broken glass or other sharp objects, pick up the sharp objects with tongs or other means, never with fi ngers. Dispose of sharp, potentially contaminated items in the leak proof, puncture proof container provided in the biohazard kit. Carefully discard all cleaning materials and gloves in the biohazard bag. Immediately double bag the biohazard bag to reduce the likelihood of rupture. Ensure that all biohazard materials are placed in the appropriate depository. Th oroughly wash hands with soap and hot running water as soon as possible. Collect passenger comment cards. Complete all required incident documentation. 22 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 48 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 On-board Fire If you smell something burning and don’t see anything to account for the smell, that something might be your vehicle! Find a safe place to pull off the road as soon as possible. If the smell is accompanied by smoke or fl ame in or outside your vehicle, passengers should be immediately evacuated. Remember, as a transit driver you are not expected to fi ght a fi re. Attempt to use an extinguisher only if all of the following apply: Dispatch and emergency personnel have been contacted. Th e vehicle has been evacuated. Th e fi re is small, contained and not spreading beyond its starting point. Th e exit is clear, there is no imminent peril, and you can extinguish the fi re with your back to the exit. Th e proper extinguisher is immediately at hand. You can stay upwind or low and avoid smoke. Smoke inhalation must be avoided because even a small amount of toxic smoke can render you unconscious. You have been trained and know how to use the fi re extinguisher. Unless all of these conditions have been met, do not attempt to extinguish the fi re yourself. Evacuate the bus, close the doors, but do not lock them, and disconnect the battery through the external battery shut-off access (if the bus is equipped with one and it is safe to do so). Remember: You must report any use of a fi re extinguisher. If you discharge an extinguisher or pull the pin for any reason, it must be recharged or replaced. Evacuati on Procedures In general, passengers are safer and more secure if they remain on the vehicle. Evacuating the vehicle should be a last resort. However, you must evacuate if: A fi re or other condition (leaking fuel) makes the vehicle unsafe. Th e position or location of the vehicle is dangerous and it cannot be moved. Th e driver is instructed to do so by system management, police or rescue personnel. It’s important that you have a clear process once a decision to evacuate is made. Speed and effi ciency are vital, especially if there is the threat of fi re. Assess the condition of escape routes and identify safe areas outside the vehicle. If it is necessary to evacuate through exit windows or roof hatches, identify passengers to assist both inside and outside the vehicle. Assess the condition of passengers to be evacuated and the amount/type of assistance required. Calmly inform passengers what you are going to do. Identify exits to use and a safety zone/ waiting area. Stress that passengers must assemble in the safety zone, well away from the vehicle and clear of traffi c hazards. Ask for assistance from ambulatory passengers in evacuating passengers who are injured or disabled. Evacuate all ambulatory passengers fi rst, except those who have agreed to assist in the evacuation of non-ambulatory passengers. When evacuating the non-ambulatory passengers and passengers in wheelchairs: Use a web cutter to cut through all restraint belts. If the wheelchair door and the lift are operable, use the lift to evacuate non-ambulatory passengers. In an emergency, the lift may be operated manually by using a pump-handle tool. You can use the lift as a step for both ambulatory and non-ambulatory passengers by lowering it to an appropriate height. If you must resort to drag-and-carry techniques to evacuate passengers: Use a web cutter to cut through seat belts restraining the passenger in his/her wheelchair. 23 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 49 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Do not cut restraint belts holding the wheelchair in place; it will be left behind. Slide passenger out of his/her seat or wheelchair and onto a drag blanket (if available). Grab the corners of the blanket and drag or carry the person down the aisle and out the door or emergency exit. If a drag blanket is not available, grasp under the passenger’s arms and gently pull him or her to safety. Alternatively, two people can work as a team, one under each arm. When everyone is evacuated and accounted for, remain in a safe location away from the vehicle and other hazards and wait for emergency responders. Acts of Nature Diff erent parts of the country experience diff erent types and frequencies of acts of nature. Review your local emergency management plans. Th is will help you understand your local hazards and threats, as well as the plans in place to respond to them. Earthquakes Earthquakes can cause signifi cant damage to roadways and buildings. Here are some guidelines to survive an earthquake: If you are on a transit vehicle when an earthquake occurs: Ensure that the vehicle is not underneath any structure that could collapse onto it. Pull over and stop in a safe location and wait for tremors to end. Be cautious of downed power lines and compromised buildings. Afterwards, do not operate the transit vehicle over or under any structures (bridges, overpasses) as they could be in danger of collapse. Avoid downed power lines. If indoors, drop, cover and hold on: Find a location under a sturdy desk, doorway or closet that will protect you from falling objects and/or leave a void in the event of a building collapse. Hold on and protect your head and neck. After the shaking stops, evacuate the building and go to open ground. After a major earthquake, transit resources and employees may be needed to support emergency response efforts. This may include facilitating evacuations, transporting casualties, transport- ing emergency response personnel and ferrying equipment or supplies. Check with dispatch for emergency orders. Landslide or Avalanche Landslides, mudslides and avalanches can engulf vehicles or sweep them from roadways. Never stop a transit vehicle in a known avalanche chute. Watch for tilted trees, telephone poles, fences or walls that could indicate an imminent mudfl ow or landslide. If a landslide or debris fl ow is imminent, move away from the path of the slide. 24 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 50 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Wildfi res Fire spreads most rapidly uphill and downwind, therefore never operate a vehicle along a roadway above an active wildfi re. Notify dispatch if you see a wildfi re. Discontinue service in impacted areas. Leave active wildfi re areas immediately. Tornadoes Th e least desirable place to be in a tornado is in a motor vehicle. Buses are easily tossed by tornado winds. Do not try to outrun a tornado in a vehicle. If a tornado is seen: Exit and secure the vehicle. Guide passengers to the nearest substantial structure for cover. Avoid windows. If no structure is available, lay fl at in a ditch or low-lying area. Get in the fetal position and protect your head with your arms. Stay away from downed or damaged utility lines. Be alert for low-hanging lines that can strike your vehicle. Assume that all downed lines are hot. Report the location of damaged utility lines to dispatch so they can notify the appropriate authorities. Extra care is required in transit facilities or any building where a large group of people is concentrated in a small area. Inside a building: Move away from windows and glass doorways. Go to the innermost part of the building on the lowest possible fl oor. Do not use elevators because the power may fail, trapping people inside. Make your body as small a target as possible by crouching down or getting into the fetal position and protecting your head. Severe Thunderstorms In addition to making driving conditions treacherous, severe thunderstorms can create a variety of problems including fl ooding, downed trees and power lines, and power outages. If heavy rain accompanies thunderstorms, be alert for fl ooding situations. If a lightning storm is active in the vicinity, stay inside the vehicle or facility and away from windows. Avoid contact with anything that may conduct electricity. Stay away from downed or damaged utility lines. Be alert for low-hanging lines that can strike your vehicle. Assume all downed lines are hot. Report the location of damaged utility lines to dispatch so they can notify the appropriate authorities. Do not drive a vehicle through moving water that may be more than six inches deep. Do not drive a vehicle through standing water if near downed power lines. If a power line falls across the vehicle, keep passengers inside and drive away. Flooding Listen to the radio or dispatch for fl ood information and warnings. Stay alert. Roads may be blocked or closed due to collapsed pavement or debris. Stay away from high water, storm drains, ditches, ravines and culverts. Do not drive across fl ooded roads or bridges — they may be washed out. If fl oodwaters are encountered, turn around and go another way. Be aware of any sudden increase or decrease in water level in a stream or creek that might indicate debris fl ow or damming that could aff ect nearby roads. Flash fl oods can strike with little or no warning. In mountainous or fl at terrain, distant rain may be channeled into gullies and ravines becoming rampaging torrents in minutes. If the vehicle stalls in fl oodwaters, evacuate immediately and seek higher ground. Rapidly rising water may engulf the vehicle and its occupants. It takes only a foot of rapidly moving water to sweep away a vehicle. Stay away from downed or damaged utility lines. Report the location of damaged utility lines to your dispatcher so the appropriate authorities can be notifi ed. 25 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 51 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Hurricanes Heed high wind and fl oodwater risks presented by hurricanes based on the Flooding guidelines. Dust Storms Dust storms can wreak havoc with visibility. Here are a few guidelines: If dense dust is observed blowing across or approaching, pull your vehicle off the road as far as possible, stop, turn off lights*, set the emergency brake and take your foot off of the brake pedal to be sure that the tail lights are not illuminated. If you can’t pull off the roadway, proceed at a speed that visibility allows, turn on your lights and sound the horn occasionally. Use the painted centerline to help guide you. Look for a safe place to pull off the roadway. Do not stop on the traveled portion of the roadway. *Note: In the past, motorists driving in dust storms have pulled off the roadway and left their lights on. Vehicles approaching from the rear and using the parked car’s lights as a guide have inadvertently left the roadway and in some instances, collided with the parked vehicle. Make sure all of your lights are off if you park off the roadway. Hazardous Materials Chemical releases and Hazmat incidents can result from truck accidents or train derailments involving transportation of TICs. Th is section will examine the emergency response protocols for hazmat incidents including: Toxic Chemical Spills Fuel-related Events Natural Gas As with all other emergencies, drivers should follow the Seven Steps of Crisis Management to help assess and respond to any hazardous material spills or leaks. Following are further specifi c actions to take as part of your response. Toxic Chemical Spills Toxic chemicals can be dangerous if touched or inhaled. Diff erent strategies should be implemented depending on where the spill occurs, and therefore situational assessment is important. If a chemical release occurs outside your vehicle: Shelter in place by staying inside the vehicle. Shut all vehicle windows and turn off all vents and HVAC systems. If the vehicle can be safely moved, drive as far uphill and upwind as possible. Immediately report your location and all events to dispatch and the appropriate authorities. If a chemical release occurs inside a vehicle: If the vehicle is in motion, immediately pull over to a safe location preferably in an area not crowded with people. 26 Decontaminati on Exposure to chemical release may require decontamination of you, your passengers and your bus. First responders will advise you regarding required decontamination procedures. Individuals potentially exposed to toxic release will be kept at the scene and isolated to ensure that others are not contaminated. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 52 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Shut off the vehicle. Evacuate passengers to a location a minimum of 1,500 feet away from the vehicle, preferably upwind. Tell bystanders to stay away from the vehicle. When requesting or waiting for assistance, don’t reenter the vehicle. Contact dispatch and emergency response and give the exact location of the vehicle. Provide all available details related to the incident. Fuel-related Events A petroleum-based fl ammable liquid fi re (gasoline or diesel fuel) burns at the surface of the material as the fuel is vaporized by the fi re or ambient heat. Applying water spreads the fl aming liquid over a wider area where it vaporizes more rapidly and intensifi es the fi re. Th e best way to put out this type of fi re is to cut off its air supply or interrupt its chemical reaction. Common smothering agents used for petroleum fi res are carbon dioxide (CO2) and dry chemical powder extinguishers. Both are eff ective for fl ammable liquids but dry chemical powder is better for outdoor use because it is less subject to wind, has a longer range, and can extinguish burning pressurized leaks of gas and liquid. If there is a fuel fi re outside your vehicle: Move the vehicle a safe distance away. Keep the passengers inside the vehicle. Radio dispatch and emergency responders and inform them of the situation. If your vehicle is leaking fuel: Shut off the vehicle. Immediately evacuate passengers and relocate them a safe distance away. Radio dispatch to contact emergency responders and provide your location and information on the situation. Remember: A fuel-related fi re can spread rapidly and is best handled by professionals. Natural Gas Natural gas has a diff erent hazard profi le than liquid fuels such as gasoline or diesel. Two properties that aff ect its hazard profi le and subsequent emergency response are its gaseous state and its storage pressure and temperature. In the case of a natural gas leak or release: Evacuate people and property from the vicinity of the release. 27 Move upwind from any actual or suspected gas leaks or gas releases. Call 911 to alert fi rst responders to the incident. Prevent ignition. If natural gas is or has been released, the scene must be surveyed for ignition sources and ignition sources must be removed or mitigated. Be wary of static electricity. It’s a potential ignition source. Ventilate enclosed areas. Criti cal Infrastructure Many things can cause temporary or extended loss of power and communication services. When operating your vehicle under such circumstances: Continue to operate your route/shift within the limits of reasonable safety. Treat all inoperable stoplights as four-way stops. If possible, get an estimate of how long power will be out and how widespread the aff ected area is. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 53 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Diff erent, Diffi cult and Dangerous Passengers As discussed previously, as a driver you will frequently encounter passengers who are diff erent from you. Some passengers will prove to be diffi cult and a very small percentage may escalate to dangerous behavior. Remain calm when dealing with diffi cult passengers. Avoid arguing and don’t take the other person’s remarks personally. Sensitivity and sincerity can go a long way in defusing confl icts. Some additional potentially helpful strategies include: Assess the passenger and consider: Cognitive disabilities Physical disabilities Language barriers Adolescence Senility Signs and symptoms of drug or alcohol usage Listen to the diffi cult passenger to understand the problem: Focus on the problem, not the passenger. Place no blame and do not make excuses. Repeat your understanding of the problem to the passenger. Encourage the passenger to suggest a solution to the problem. If the solution is workable, consider it. If the solution is unrealistic, suggest alternatives. Engage your dispatcher, supervisor or system management to help resolve the problem. Be friendly and fair, but fi rm, especially on safety-related issues. If a passenger seems to be moving from diffi cult to dangerous, you will need to take extra care. Recommended tactics for dealing with dangerous passengers include: Stay calm and maintain control — do not overreact. Behave in a non-threatening manner, in body language, speech and tone of voice. Try to establish a relationship using empathy. Paraphrase the diffi cult person’s concern to show that you understand it and are concerned about the problem. Discretely try to alert your dispatcher. Use a panic button, if available, or a predetermined radio alert codeword. Do not allow new passengers on board. If you’re driving, let the dangerous person know verbally what you are going to do before you do it. If a weapon is suggested or evident, make no sudden, threatening movements. Do not grab at the weapon. If possible, park the vehicle in a well lit, public place and open the doors. Allow the dangerous person to leave the vehicle — do not pursue the person. If violence is directed toward another passenger, immediately contact dispatch or 911 and give the following information: Your vehicle’s location. Th e nature of the incident. If it is a life safety issue, be clear about the threat and the need for police intervention. A description of the threatening individual. A description of any weapons, if suspected or evident. Remember: In a dangerous situation, it is important that you maintain self-control. Th e passengers will look to you for calm leadership and to keep them safe. You are not expected to be a hero but simply a professional. 28 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 54 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 29 Be On the Look Out (BOLO) As a transit driver you are the eyes and ears of the community and a fi rst line of defense against crime and terrorism. Be On the Look Out (BOLO) for suspicious people, activities, vehicles, packages and substances. Since you are familiar with your operating area you are in an ideal position to recognize anything that seems out of place. Trust your instincts and report to dispatch anything suspicious or potentially dangerous. BOLO for suspicious people: On your system’s property: In an unauthorized or restricted area Without proper ID, uniform or safety gear Taking photos of equipment or facilities Expressing an unusual level of interest in operations, equipment and personnel Out in the community or riding your bus: Who are pacing, nervous or jumpy Loitering, staring or watching employees and customers Acting in a disorderly manner, alarming or disturbing others Quickly exiting an area or vehicle after abandoning a package Carrying a weapon or suspected of carrying a weapon. Note: Laws governing concealed carried weapons vary from state to state. Criminal Acti vity As part of your transit duties it is possible that you may come into contact with a criminal or witness criminal activities. Using the BOLO method with the Seven Steps of Crisis Management will allow you to handle these situations. Some tips to help you respond to witnessing suspicious people include: Note their physical characteristics: Head — eyes, ears, hair and facial hair, mouth, nose, forehead, cheeks, chin, complexion, jewelry, hat Body — neck, arms, chest, stomach, shirt, thin, medium, or heavy set Legs — slacks, skirt, belt, feet, socks, shoes Appearance — height, weight, gender, neat or sloppy, packages, accessories Unique characteristics — scars, tattoos, birthmarks or other identifying characteristics Note his or her direction of travel, description of their vehicle and license plate. Report your observations to the dispatcher. Violence or Weapons on the Vehicle Stay calm and maintain control. Do not overreact to the situation. Behave in a non-threatening way through both voice and actions. Look for ways to defuse the situation. Look for ways to alert the dispatcher. If possible, park the vehicle in a public place. Open the bus’s doors. Make every eff ort to allow passengers to exit the vehicle whenever possible. If there are no passengers on-board, look for a way to escape the vehicle. If the antagonist leaves the bus, do not pursue him or her. If a weapon is involved, do not attempt to grab it or make any sudden movements. If driving, let the assailant know verbally each move being made, such as turns, lane changes, stops, etc. Make every eff ort to cooperate with the assailant and make the assailant feel no resistance. If violence is directed toward a passenger, immediately contact the dispatcher and intervene only if safe to do so. Provide information to the dispatcher including the vehicle’s location, the nature of the incident, description of the assailant(s), and any weapons involved. Complete the required forms and documentation consistent with your system’s accident procedures. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 55 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Hostage Situati on Steps to avoid or deal with a vehicle being comman- deered include: While approaching pick up/drop off points, survey the area for suspicious people/activities. If suspicious people/activities are present, immediately report your concerns to dispatch and drive the vehicle out of the area. Do not open the doors if a suspicious individual approaches your vehicle while it is stopped. Instead, communicate with the individual through a window until determining the proper action. If a suspicious individual is seen at a railroad crossing, do not open bus doors. Examine the tracks through a window and move on when it is safe to do so. Contact your dispatcher. Avoid allowing individuals suspected of carrying a weapon or a suspicious or dangerous package to board. Contact your dispatcher immediately. If an individual with a concealed weapon is aboard your vehicle, act as if the weapon was not noticed. Do not confront the individual. Stay calm and focused. If possible, notify dispatch using predetermined codes. If your vehicle is commandeered, follow the hijacker’s instructions and avoid confrontation. Remain calm and show no signs of panic. In the event that the vehicle is commandeered while parked, open all the doors and keep them open to allow an opportunity for passengers to exit. If it seems appropriate, ask the perpetrator if passengers can exit. In the event that your vehicle is commandeered while in motion, stay on the route but do not stop at the usual stops. Waiting passengers might alert dispatch. Attempt to alert the authorities but take no action that would increase the risk to you and your passengers. Talk to the hijacker and try to create a relationship. Do not antagonize him/her. Be clear about what you can and cannot do to fulfi ll his/her demands. Some requests may be out of your control. Await emergency response, or if possible, fi nd a way to escape. Terroris ti c Threats In today’s world, terrorism dominates news coverage and raises concerns about domestic security. In reality, terrorist attacks are rare events. Nevertheless, it’s important for all transit employees to be aware of the threat of terrorism and alert to possible “warning signs” of a terrorist attack. Alert Codes Some transit systems have a pre-established alert code using bus location, direction and time such as, “Dispatch, this bus 224. Standard location check — Southbound on 6th Street at Hopper. Time check 10:42. Copy?” If trained and practiced, this can be used to alert dispatch to on-board threats without alerting the perpetrator. Transit Watch Transit Watch was developed by the Federal Transit Administration (FTA) in the aftermath of the 9/11 attacks and encourages transit employees, transit riders and community members to be aware of their surroundings and alert to activities, packages or situations that seem suspicious. If you see something that seems out of the ordinary and potentially dangerous, it should be immediately reported to dispatch who will take the appropriate actions and/or notify the appropriate authorities. Focus on Behavior When making observations of possible criminal or terrorist activity, keep in mind that suspicion is based on behavior such as: Where someone is When or why he or she is there What he or she is doing Suspicion is not based on: Color, ethnicity, nationality or religion Suspicious packages: HOT Items *Th e following is adapted from guidance created by the London Underground and the British Transport Police. One challenge facing drivers and other transit employees is making the distinction between ordinary lost and found items and potential terrorist weapons such as improvised explosive devices (IEDs) and chemical, biological or radiological dispersal devices that can be disguised as ordinary items. 30 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 56 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 While odds say it is a lost and found item, how do you know for sure? Th e HOT system is a useful analytical approach. Is it Hidden? Has there been an apparent attempt to hide or conceal the item? Was the item found in an area inconvenient, out of easy reach or unusual? Was the item abandoned by someone who was seen leaving the area? Is it Obviously suspicious? Does it have: Stains, leaks, oily or powdery residue A strange odor A threatening message attached Visible wires, battery, tanks or bottles A clock, cell phone or timer attached A ticking, buzzing or sloshing sound Is it Typical for the environment? Is it an item you would expect passengers to carry? Does anyone claim ownership of the item? Is there an identifi cation tag on the item? Is it explainable for the time, place and clientele? What to look for — The Seven Signs of Terrorism 1. Surveillance — Someone photographing or monitoring daily activities 2. Obtaining Information — by mail, fax, internet, telephone or in person 3. Running Security Tests — attempts to enter secure or “employees only” areas 4. Acquiring Weapons or Supplies — purchasing or stealing weapons, explosives, chemicals, electrical components, uniforms or IDs 5. Suspicious Persons Out of Place — people who do not seem to belong in the area 6. Conducting a “Dry Run” — rehearsals or test runs of the plan 7. Deploying Assets — moving people, vehicles, weapons or devices into position After using the HOT test do you have a bad feeling about the item? Does your instinct tell you something might be wrong? If so, you should trust your instinct and treat the item as suspicious. Th e recommended response to suspicious packages includes: Do not touch, move or cover the object. Do not use a radio or cell phone in the vicinity if you suspect an explosive. If there is immediate danger, remain calm and evacuate far away from the vehicle or the area. Attempt to isolate and secure the area. Do not reenter your vehicle once you have evacuated everyone. Provide notifi cation through appropriate channels — use a cell phone if the bus radio is no longer available — and give a description of the package or device and its location. Await direction from your dispatcher, management or emergency responders. Response to a toxic chemical release includes: Shut down HVAC systems on the vehicle or in the facility to avoid spreading contamination. Do not touch, move or cover the substance. Remain calm and evacuate everyone from the aff ected area. Attempt to isolate and secure the area. Do not re-enter a contaminated area once you have evacuated everyone. Report the situation to dispatch including your location, the number of victims, a description of the substance, and any symptoms displayed by the victims. Await direction from management or emergency responders. 31 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 57 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 :]fl]jnadd] You have three passengers on your bus. One passenger is a middle-aged war veteran who is paralyzed from the waist down. He uses a powered wheelchair. Th e second passenger is an elderly woman who is ambulatory but is hearing impaired. Th e third passenger is a young man with cognitive disabilities. You know from past experience that he gets very upset if his daily routine is interrupted. It is 4:00 PM and the city is experiencing temperatures over 100 degrees. While stopped at a red light, you glance in your rear view mirror and see a car coming up behind you at a high speed. Before you can take action, the car slams into the rear of your bus. Th e impact pushes your bus into the intersection where a second car, with brakes squealing, slides into the right side of your bus. Th is eff ectively blocks the entrance door and the wheelchair lift. In the aftermath of the It’s about 4:00 PM and you have 10 passengers on board. Both your wheelchair positions are occupied. You are moving along the freeway very slowly. Traffi c is bumper-to-bumper due to a heavy snowstorm. Th e roads are very slippery. Train tracks run parallel to this part of the freeway. Th e tracks are built on top of a levee that protects low- lying farmland from the river. A long freight train with a number of tanker cars is moving past the gridlocked traffi c. You hear a strange groaning sound and look ahead to see rail cars coming off the tracks. Th ey pile on one after the other, rolling off the steep slope of the levee and jackknifi ng into a twisted heap of wreckage. Finally, the remaining freight cars come to a stop. You catch your breath, and look in disbelief at the carnage ahead. Smoke is billowing from the wreckage. More ominously, you can see a vapor cloud forming in the low-lying hollow between the freeway and the levee. It appears to be spreading in your direction. collision, you realize that the elderly woman and the young man have been thrown out of their seats and are apparently injured. Elect one member of your group to write down your responses to the following: List the challenges and problems you would anticipate in this accident scenario. Develop a list of action steps you would take in response to the accident. List the steps in order of priority. What resources (responders) will you need at the scene to assist you? Choose one member of your group to make a simulated radio call to the dispatcher to report the accident and request assistance. Elect one member of your group to write down your responses to the following: List the challenges and problems you would anticipate in this accident scenario Develop a list of action steps you would take in response to the accident. List the steps in order of priority. What resources (responders) will you need at the scene to assist you? Choose one member of your group to make a simulated radio call to the dispatcher to report the accident and request assistance. 32 Case Study 3 — Accident Case Study 4 — Hazmat Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 58 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 You are driving your regular route that serves a senior center, medical facilities and a shopping mall. From time to time you pick up a passenger at a retirement home who causes you some concern. He enters into long diatribes—to no one in particular—about the government, taxes and corruption. He sometimes uses profanities and ethnic slurs. In the past you have asked him to tone it down and be respectful of the other passengers. His response was to continue the inappropriate ramblings, but more quietly to himself. Today, he boards and joins two other passengers, both elderly women. Soon, he starts talking loudly. You ask him politely to lower his voice to which he replies, “Th is is a free country. I can say whatever I want. I know my First Amendment rights!” You remind him again, politely, that if he does not comply with customer conduct rules he could be refused service. Case Study 5 — Diffi cult/Dangerous Passenger 33 He replies by saying, “Oh yeah? Who’s going to refuse me service? You? I also have Second Amendment rights, you know!” You look in the mirror and see him reach into his fanny pack and pull out an automatic pistol. He is cradling it in his lap. You are heading toward the shopping center and are scheduled to be there in about fi ve minutes. Elect one member of your group to record your responses to the following: List the challenges and problems you would anticipate in this scenario. Develop a list of action steps you would take in response to the scenario. Put the steps in order of priority. What resources (responders) will you need to assist you? How will you contact your dispatcher? Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 59 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 1. If you have to clean up vomit or some other bodily fl uid spill, you should: A. Immediately put on the disposable gloves found in the biohazard kit B. Cover the spill area with the disinfectant found in the biohazard kit C. Carefully place contaminated materials in the biohazard bag D. Th oroughly wash hands with soap and hot running water as soon as possible E. All of the above 2. In an emergency situation you may have to evacuate your vehicle. You should evacuate your vehicle only if: A. Instructed to do so by dispatch B. Instructed to do so by your passengers C. Remaining in place presents a greater hazard than leaving the vehicle D. Th e vehicle is lying on its side 3. When dealing with a dangerous passenger: A. Remain calm and controlled B. Tell the passengers what you are going to do before you do it C. If possible, utilize the designated radio code or the panic button to notify dispatch of a potential problem D. If possible, park the vehicle in a well lit public area and open the doors so the dangerous passenger can exit the vehicle E. All of the above Chapter 3 Quick Quiz: Emergency Procedures 4. If you fi nd a package that is emitting strange sounds, smells, liquids or otherwise appears suspicious, you should: A. Grab the package and move it to a nearby dumpster B. Immediately take out your cell phone and notify dispatch C. Try to determine what the device is by picking it up and shaking it D. Calmly evacuate the area and notify dispatch with a description and the location of the package 5. If you observe two or more people outside your vehicle experiencing diffi culty breathing, uncontrollable coughing, collapse, seizure, nausea, blurred vision or disorientation, you should: A. Call police to request assistance B. Immediately evacuate your vehicle C. Try to determine the source and location of the problem so you can solve it D. Shut down the vehicle’s HVAC systems, and if possible, relocate the vehicle uphill and upwind, and report the situation to dispatch 34 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 60 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Based on the guidelines in this manual and following the Seven Steps of Crisis Management, transit drivers can calmly and coolly manage any emergency they may face on the road. A professional transit driver is responsible for his/her own life and health, the lives of his/her passengers, the vehicle, and property belonging to the transit agency. Th is is a large responsibility but it is all in the good hands of the properly trained professional transit operator. Additi onal Training to Consider As a professional driver your agency may have already provided training on many of the following topics. Th ey represent core rural transit driver training. Agency/system orientation Human resources policies Drug and alcohol policy Driver operating rules and performance measures Driver health and wellness Vehicle orientation and pre-trip inspection process Defensive driving Seatbelt use Railroad crossing procedures Vehicle rollover prevention Internal and external customer service Passenger assistance and sensitivity training Lift operation, wheelchair handling and securement Emergency procedures and evacuation Accident and incident reporting System security awareness Supervised route and in-service (on-the-job) training NIMS and ICS It is benefi cial that transit employees, as a fi rst responder resource, be certifi ed in the Incident Command System (ICS) and the National Incident Management System (NIMS). Established by the U.S. Department of Homeland Security, NIMS and ICS provide a consistent nationwide approach to managing critical incidents. Th e online independent study courses cover key concepts in emergency management including organizational structure, chain of command, common communication and information management systems. Th ese interactive on-line courses, required for transit drivers, are available at: http://www.training.fema.gov/emiweb/is/is100.asp http://training.fema.gov/emiweb/is/is700a.asp CPR and First Aid Depending on your agency’s policies, your system may provide CPR and fi rst aid training to employees. CPR and fi rst aid training can be useful skills for transit employees in case of emergency. For more information, contact your agency’s human resource supervisor, your local fi re protection district and/or a local community college. You can also look up Red Cross classes at: www.redcross.org. Conclusion Note: Many of these standard operating and emergency procedures are included in National RTAP’s Safety Training And Rural Transit (START) training module available for free from your state RTAP or online at www.NationalRTAP.org. 35 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 61 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Pre-trip Forms — Sample from Wyoming Appendix 36 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 62 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 37 Sample from Texas Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 63 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Sample From Minnesota 38 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 64 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Sample from Utah DOT 39 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 65 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Sample from Utah 40 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 66 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Sample from Utah, conti nued 41 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 67 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Sample from North Carolina 42 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 68 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 43 Additi onal Resources Your state department of transportation, state RTAP programs and our national partners have additional programs and services to assist with safety training and development: AASHTO www.transportation.org Community Transportation Association of America www.ctaa.org National Rural Transit Assistance Program www.NationalRTAP.org National Safety Council www.nsc.org National Transit Institute www.NTIonline.com Project Action http://ProjectAction.easterseals.com State DOTs www.fhwa.dot.gov/webstate.htm Transportation Safety Institute www.tsi.dot.gov West Virginia Spider Project w w w.transportation.wv.gov/publictransit/safety/Pages/default.aspx Supplementary Reading: Safety Training and Rural Transit (START) Module from Nati onal RTAP START Learner’s Guide: http://portal.nationalrtap.org/iframe/getfi le.aspx?id=184 START Instructor’s Guide: http://portal.nationalrtap.org/iframe/getfi le.aspx?id=171 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 69 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 44 Notes _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 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_______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 72 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 148 Cell Phone: (970) 217-4971 Fax: (970) 221-6296 Medical Review Officer: Contact DOT Compliance Specialist for current officer Substance Abuse Professional: Contact DOT Compliance Specialist for current professional 8.19 City of Fort Collins Transit System – Substance Abuse Policy (In Compliance with FTA Regulations) (Applicable Only to Transfort/Dial-A-Ride and Fleet Services Division Employees) Also, all provisions set forth in bold face print are included consistent with requirements specifically set forth by Federal Transit Administration (FTA) and US Department of Transportation (DOT) in 49 CFR Part 655, or Part 40, as amended. Provisions set forth in the Drug-Free Workplace Act (CFR Part 29) are delineated in italics. All other provisions are set forth under the authority of the transit system. City of Fort Collins Transfort/Dial-A-Ride and Fleet Services Divisions are dedicated to providing safe, dependable, and economical transportation services to our transit passengers. City of Fort Collins transit employees (for the purposes of this Policy, the term “transit employees” includes employees of the Transfort/Dial-A-Ride Division and the Fleet Services Division) are our most valuable resource and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth. All City of Fort Collins employees subject to this policy must abide by the terms of this policy statement as a condition of employment. In meeting these goals, it is our policy to: 1. Assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; 2. Create a workplace environment free from adverse effects of drug abuse and alcohol misuse; 3. Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and 4. Encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 8.19.1 Proper Application of the Policy The City of Fort Collins is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, under City authority, managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, may be subject to disciplinary action, up to and including termination. ATTACHMENT B Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 73 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 149 8.19.2 Purpose The purpose of this policy is to assure worker fitness for duty and to protect our employees, passengers, and the public from the risks posed by the misuse of alcohol and the use of prohibited drugs. This policy is also intended to comply with all the applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandates urine drug testing and breath alcohol testing for safety- sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result. Refusal to test constitutes a positive test. The U.S. Department of Transportation (DOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. In addition, the Federal Government published 49 CFR Part 29, “The Drug-Free Workplace Act of 1988”, which requires the establishment of drug-free workplace policies and reporting of certain drug-related offenses to the FTA. This policy identifies the requirements for all City of Fort Collins transit employees. The City intends to keep this policy current with the latest relevant federal regulations. 8.19.3 Applicability A. This policy applies to all City of Fort Collins transit employees. Provisions set forth in bold face print apply to safety-sensitive transit employees, who perform a safety-sensitive function as identified as follows and are regulated by the FTA. B. The FTA identifies safety-sensitive employees’ functions as follows: 1. Operating revenue service vehicles in or out of service; 2. Dispatch or controlling movement of a revenue service vehicle; 3. Maintaining a revenue service vehicle; 4. Security personnel carrying firearms; 5. Managers who control the movement of a revenue service vehicle; 6. Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Driver’s License. C. A list of the City of Fort Collins transit positions (including Fleet Services positions) that have been identified as safety sensitive is as follows: 1. Employees operating a revenue service vehicle in or out of service; 2. Employees operating a non-revenue service vehicle which requires a CDL; 3. Employees that dispatch or that are controlling movement of a revenue service vehicle; 4. Employees that maintain a revenue service vehicle; 5. Employees that provide security and carry a firearm; 6. Employees that are supervisors who perform these functions; 7. Non-employee volunteers are exempt, unless a CDL is required or unless the volunteer receives remuneration in excess of their actual expenses incurred while engaged in the volunteer activity. D. Safety-Sensitive Job Titles 1. Supervisor, Transit 2. Senior Supervisor, Transit Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 74 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 150 3. Operator II, Transit 4. Operator I, Transit (includes Lead) 5. Maintenance Helper 6. Mechanic 7. Senior Supervisor, Fleet 8. Worker II, Fleet 9. Bus Fueler 10. Director, Facilities and Fleet 11. Supervisor, Fleet E. This policy applies to all City of Fort Collins transit employees who perform safety- sensitive functions anytime they are on duty and are regulated by City of Fort Collins Policy. This includes: 1. Full-time employees 2. Paid part-time employees 3. Contract employees when they are on transit property or when performing any transit-related safety-sensitive business 4. The City shall analyze the job duties of any newly created transit positions to determine whether or not the new position is safety-sensitive, and therefore subject to this policy. 8.19.4 Prohibited Substances “Prohibited substances” addressed by this policy under authority of the City include the following: 1. Illegally Used Controlled Substances or Drugs Any illegal drug or substance identified in schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. ‘812), and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. 2. Legal Drugs a. The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to managerial personnel and medical advice along with a release to work statement from a licensed physician must be sought by the employee, as appropriate, before performing work-related duties. b. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient’s name, the name of the substance, quantity/amount to Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 75 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 151 be taken, and the period of authorization. The misuse or abuse of legal drugs while performing transit business is prohibited. 3. Alcohol The use of beverages or substances containing alcohol including medication, mouthwash, food, candy, or any substance such that alcohol is present in the body while performing a safety-sensitive function is prohibited. The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath testing device. 8.19.5 Prohibited Conduct A. Controlled Substances 1. Manufacturing, Trafficking, Possession, and Use City of Fort Collins policy and federal regulations prohibit all transit system employees from engaging in the unlawful manufacturing, distribution, dispensing, possession, or use of prohibited substances in the workplace on City premises, in transit vehicles, in uniform, or while on City business. Employees who violate this provision will be subject to disciplinary action up to and including termination consistent with the City’s discipline code. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 2. Notifying the Transit System of Criminal Drug Conviction As required by the Drug Free Workplace Act, all employees are required to notify the transit system in writing of any criminal drug statute conviction for a violation occurring in the workplace within five calendar days after such conviction. Failure to comply with this provision may result in disciplinary action, up to and including termination. B. Intoxication/Under the Influence Under City of Fort Collins authority all transit employees that are reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Under FTA’s authority safety- sensitive employees found to be under the influence of prohibited substances or who fail to pass a drug or alcohol test shall be removed from duty and subject to disciplinary action, up to and including termination consistent with the City’s discipline code. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. C. Alcohol Use No employee shall report for duty or remain on duty when their ability to perform assigned safety-sensitive functions is adversely affected by alcohol or when their breath alcohol concentration is 0.02 or greater. The use of alcohol concentration in this paragraph is in recognition of the testing device margin of error and does not constitute authorization or consent for the employee to have alcohol in their body at any time while on duty. No safety-sensitive employee shall use alcohol while performing safety-sensitive functions, or just before, or just after performing a safety-sensitive function. Additionally, Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 76 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 152 the City prohibits any safety-sensitive employee from consuming alcohol while on duty or in uniform. No safety-sensitive employee shall use alcohol within four hours of reporting for duty, or during the hours that they are on call. Violation of these provisions is prohibited and punishable by disciplinary action up to and including termination consistent with the City’s discipline code. D. Non-Compliance with Testing Requirements All safety-sensitive employees will be subject to urine drug testing and breath alcohol testing as a condition of employment. Any safety-sensitive employee who refuses to comply with request for testing shall be removed from duty and under the City’s authority, their employment terminated. Any safety-sensitive employee who is suspected of providing false information in connection with a test, who is suspected of falsifying, tampering, contaminating, or adulterating the specimen, or substituting another specimen will be required to undergo an observed collection. Verification of these actions will result in the employee’s removal from duty and under the City’s authority, their employment terminated. Refusal to test constitutes a positive test and any of the following shall be considered a refusal: E. Refusal to Test 1. Refusal to take a DOT drug test: a. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City, consistent with applicable DOT agency regulations, after being directed to do so by the City; b. Fail to remain at the testing site until the testing process is complete; provided that an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused the test; c. Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations; provided that an employee who does not provide a urine specimen because they have left the testing site before the testing process commences for a pre- employment test is not deemed to have refused a test; d. In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen; e. Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; f. Fail or decline to take an additional drug test the City or collector has directed you to take; g. Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER. In the case of a pre- employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test; Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 77 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 153 h. Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector). i. For an observed collection, fail to follow the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process. j. Possess or wear a prosthetic or other device that could be used to interfere with the collection process. k. Admit to the collector or MRO that you adulterated or substituted the specimen. l. As an employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. 2. Refusal to take an alcohol test: a. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with the applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee to appear for a test when called by a C/TPA; b. Fail to remain at the testing site until the testing process is complete; provided that an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused the test; c. Fail to provide an adequate amount of breath for any alcohol test required by this part or DOT agency regulations; provided an employee who does not provide an adequate amount of breath because they left the testing site before the testing process commences for a pre- employment test is not deemed to have refused to test; d. Fail to provide a sufficient breath specimen and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; e. Fail to undergo a medical examination or evaluation, as directed by the employer as part of the insufficient breath procedures; f. Fail to sign the certification at Step 2 of the ATF; or g. Fail to cooperate with any part of the testing process. F. Treatment Requirements The City policy encourages all employees to make use of the available resources for treatment of alcohol misuse and illegal drug use problems. Under certain circumstances, City policy may require employees to undergo treatment for substance abuse or alcohol misuse as defined in a Last Chance Agreement. Any employee who refuses or fails to comply with the transit system requirements for treatment, after care, or return to duty as specified in the Last Chance Agreement shall be subject to disciplinary action, up to and including termination. The cost of any treatment or rehabilitation services will be paid for directly by the employee or their insurance provider. Employees will be allowed to take accumulated Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 78 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 154 sick leave, vacation leave, or leave without pay to participate in the prescribed rehabilitation program. 8.19.6 Testing Procedures A. Testing shall be conducted in a manner to protect the employee and the integrity of the drug and alcohol testing process, safeguard the validity of the test results, and ensure the test results are attributed to the correct employee. The testing process will use laboratory facilities which have been approved by the U.S. Department of Health and Human Services (DHHS). All testing will be conducted with the procedures put forth in 49 CFR Part 40 and 655, as amended. The testing laboratory, the MRO, and the City shall maintain those records and processing protocols necessary to ensure compliance with 49 CFR Part 40. The testing laboratory will be required to maintain the long-term frozen storage of positive samples as specified by 49 CFR Part 40. The integrity of the process is ensured through the following: picture identification of the employee, Federal Drug Custody and Control Form with unique specimen identification number completed by a trained collection site person who insures that the Custody and Control Form is completed correctly and signed and certified by the donor (drug test), collection of Split Sample specimens that are sealed and initialed by the donor (drug test), and use of an approved evidential breath testing device that displays and prints unique sequential numbers and is capable of producing three copies of the test result (alcohol test). B. Once an employee has been asked to test, the City and the regulations require the employee to have in their possession at the testing facility a photo identification and sign completed testing forms. C. The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines, and phencyclidine. An initial drug screen will be conducted on each urine specimen. For those specimens that are not negative, a confirmation Gas Chromatography/Mass Spectrometry (GC/ MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40.87, as amended. In the event there is reason to believe an employee is abusing a substance other than the five drugs listed above, the City of Fort Collins reserves the right to test for additional drugs under the transit system’s own authority for safety-sensitive employees using standard laboratory testing protocols. Drug testing may be performed while an employee is on duty regardless of when a safety-sensitive function is or has been performed. D. Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA) approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). The BAT will complete a Federal Breath Alcohol Testing form and ensure that it is signed by the donor. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 79 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 155 confirm the results of the initial test. Alcohol testing will be performed just prior to, just after, or during the performance of a safety-sensitive function. A safety-sensitive employee who has a confirmed alcohol concentration of 0.02 or greater but less than 0.04 will be removed from their position for 8 hours unless a retest results in a concentration of less than 0.02. Under City authority, the inability to perform safety-sensitive duties due to an alcohol test result of greater than 0.02 but less than 0.04 will be considered an unexcused absence subject to transit system disciplinary action up to and including termination of employment. E. An alcohol concentration of 0.04 or greater will be considered a positive test and in violation of this policy and a violation of the requirements set forth in 49 CFR Part 655 for a safety-sensitive employee. Any safety- sensitive employee that has a confirmed positive drug or alcohol test (random, reasonable suspicion, post-accident, return-to-duty, or follow- up) or refuses to test will be removed from their position immediately, informed of the educational and rehabilitation programs available, and referred to the Substance Abuse Professional (SAP) for assessment. A positive drug and/or alcohol test will also result in disciplinary action up to and including termination consistent with the City’s discipline code and provisions set forth in an individual’s Last Chance Agreement. F. Pursuant to the provisions of 49 CFR Sec. 40.197, if an applicant or employee receives a negative dilute drug test result, the applicant or employee shall be directed to take another test immediately with the minimum possible advance notice that they must return to the collection site. If the second test result is also negative dilute, the test result will be considered verified negative and the applicant or employee will not be required to take a third test because the second test result was negative dilute. G. The transit system affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. H. The Medical Review Officer (MRO) is responsible for reviewing and interpreting confirmed positive test results and plays a very important role in assuring the accuracy and validity of test results. The MRO shall be a licensed physician with knowledge of substance abuse disorders and must meet the qualifications set forth in 49 CFR 40.121. The MRO shall follow the procedures set forth in 49 CFR Part 40. All test results are reviewed by the MRO. The MRO will attempt to confidentially contact the employee to discuss the test results and to obtain additional information to determine if there is a legitimate medical explanation for the test result. If an employee is contacted by the MRO for a positive test result it is the responsibility of the employee to call the MRO back and discuss the test. If it becomes necessary for the MRO to reach the employee through the designated management official, the designated management official shall employ procedures that ensure, to the maximum extent practicable, the requirement that the employee contact Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 80 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 156 with the MRO is held in confidence. I. Direct Observation of Urine Specimen Collections Direct observation of the collection of a urine specimen shall be conducted under the circumstances described in and in accordance with the provisions of 49 CFR 40.67. 8.19.7 Testing Circumstances A. Employee Requested Testing of Split Sample Any safety-sensitive employee who questions the results of a required drug test under the following paragraphs of this section may request that the split specimen be tested. This test must be conducted at a DHHS-certified laboratory different and not affiliated with the laboratory that performed the analysis on the initial specimen. The test must be conducted on the split sample that was provided by the employee at the same time as the original sample. If the analysis of the split specimen fails to reconfirm the presence of the drug or drug metabolite found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the City and the employee. All costs for such testing are paid by the employee unless the result of the split sample test invalidates the results of the original test or the individual does not have the financial means to pay for the test. Regardless of whether the employee is able to pay for or reimburse the City for the cost of the testing, the City will ensure that the testing takes place in a timely manner and the results are released appropriately. The City may collect reimbursement for the testing costs from the employee by any legal means. The method of collecting, sorting, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee’s request for a split sample test must be made to the Medical Review Officer (MRO) within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee. B. Pre-Employment Testing All applicants conditionally offered employment for safety-sensitive positions or conditionally offered transfers from non-safety-sensitive positions to safety-sensitive positions shall undergo pre-employment drug testing and provide the test sample to an approved collection location within 48 hours of receiving the conditional offer of employment or transfer. A verified negative drug test result will be required prior to performing any safety- sensitive functions. Additionally, when a safety-sensitive employee has not performed a safety sensitive function for 90 consecutive calendar days or more, regardless of the reason, and the employee has not been in the random selection pool during that time, the employee shall take a pre- employment drug test. If a test is cancelled, the applicant must retake and pass a drug test before being allowed to perform safety-sensitive duties. Refusal to consent to the test, failure to provide the test sample as required above, or having a confirmed positive test shall disqualify the applicant from employment with the City for a period of six months from the date of refusal, failure to provide, or testing, whichever is applicable. An applicant who is otherwise qualified, but has a long-term medical condition that renders they are unable to provide an adequate urine specimen will be eligible for hire and be able to perform safety-sensitive duties Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 81 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 157 despite their inability to provide urine for the test providing the MRO verifies the validity of the medical condition by medical examination and consultation with the applicant’s physician. C. Reasonable Suspicion Testing 1. All safety-sensitive employees may be subject to urine and/or breath testing when there are reasons to believe that drug and/or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the documented specific, contemporaneous, articulable, observations concerning appearance, behavior, and speech or body odor of the employee which are consistent with the short-term effects of substance abuse and/or alcohol misuse. Examples of reasonable suspicion include, but are not limited to, the following: a. Physical signs and symptoms consistent with prohibited substance use or alcohol misuse; b. Evidence of the manufacture, distribution, dispensing, possession, or the use of controlled substances, drugs, alcohol, or other prohibited substances; 2. Reasonable suspicion referrals must be made by a manager or other City employee who is trained to detect the signs and symptoms of drug and alcohol use, and who has personally observed the symptoms and reasonably concludes that an employee may be adversely affected or impaired in their work performance due to possible prohibited substance abuse and /or alcohol misuse. City employees who are eligible to make reasonable suspicion determinations and referrals shall complete at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use and at least 60 minutes of training on the physical, behavioral, and performance indicators of probable alcohol use. 3. Alcohol testing is authorized under this section only if the observations required in 1 and 2 of this section are made while the employee is performing safety-sensitive functions, just preceding, or just after the employee has ceased performing such functions. 4. Upon making a reasonable suspicion determination, the manager or another City- designated representative shall escort the employee to the collection site. The determining employee may not serve as the screening test technician (STT) or the breath alcohol technician (BAT). D. Post-Accident Testing 1. All safety-sensitive employees who are operating a Transfort or Dial- A-Ride vehicle (regardless of whether or not the vehicle is in revenue service) will be required to undergo a drug and alcohol testing as soon as practicable following an accident associated with the operation of the vehicle, if as a result: a. an individual dies; or Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 82 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 158 b. an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident, unless the City determines and documents that the employee can be completely discounted as a contributing factor to the accident; or c. in the case of a mass-transit vehicle that is a rubber tired vehicle, any of the vehicles involved in the accident incur disabling damage as the result of the occurrence and the vehicle or vehicles are transported away from the scene by a tow truck or other vehicle; or in the case of a mass transit vehicle that is a rail vehicle or a vessel, the vehicle is removed from service; unless the City determines and documents that the employee can be completely discounted as a contributing factor to the accident. 2. Following an accident where a test is required, the safety-sensitive employees will be tested as soon as practicable, but not to exceed 8 hours for alcohol testing and 32 hours for drug testing. If alcohol testing is not done within 2 hours, the reason for not testing must be documented and attempts to complete alcohol testing shall continue for up to 8 hours. If drug testing is not accomplished within 32 hours, the reason for testing must be documented. Any safety-sensitive employee involved in an accident must refrain from alcohol use for 8 hours following the accident or until they undergo a post-accident test. A safety-sensitive employee must remain readily available for testing following an accident and any safety-sensitive employee who leaves the scene of the accident without justifiable explanation prior to the submission of a drug and alcohol test will be considered to have refused the test and will be subject to discipline up to and including termination of employment. Post-accident testing will not be required until involved employees are done or relieved from assisting in the resolution of an accident and/or have received necessary medical attention following the accident. 3. Employees tested under this provision will include not only vehicle operators, but any other covered employee whose performance could have contributed to the accident. 4. The results of a blood, urine, or breath test for the use of prohibited drugs or alcohol misuse, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section provided such test conforms to the applicable Federal, State, or local testing requirements, and that the test results are obtained by the City. Such test results may be used only when the City is unable to perform a post-accident test within the required period noted in subparagraph 2, above. E. Random Testing Employees in safety-sensitive positions will be subject to random, unannounced and unpredictable testing. Such an employee shall only be randomly tested for alcohol misuse while the employee is performing safety sensitive functions; just before the employee is to perform safety sensitive functions; or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty. The selection of safety-sensitive employees for random alcohol and drug testing will be made using a scientifically valid method that is mapped to the Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 83 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 159 employee’s social security number and that ensures each covered employee that they will have an equal chance of being selected each time selections are made. The random tests will be unannounced, spread throughout the year, and may be conducted on all days and hours during which transit service is in operation. Neither management nor operations employees will have discretion in the selection and notification of employees for testing. The percentage of employees to be tested for drugs and alcohol shall be set at the federally determined annual minimum random testing rates established pursuant to 49 CFR Part 655.45. Upon notice of selection for a random test, and employee shall proceed to the test site immediately unless the employee is performing a safety-sensitive function at the time of notification, in which case, the employee shall safely cease the safety- sensitive function and proceed to the testing site as soon as possible. Should a safety- sensitive employee’s name be chosen for random testing and the employee is not available to test (vacation, sick leave), the City of Fort Collins Transit System will await the return of the employee to conduct the test. Only in instances where the individual will not return during the testing period will the random number selection company be requested to provide another employee’s number. Should a selected employee refuse the random alcohol or drug test (refusal is considered a positive test) it will be considered as a deliberate refusal and under City policy, the safety-sensitive employee will be subject to termination F. Return-to-Duty Testing All safety-sensitive employees who previously tested positive on a drug or alcohol test or who refused to submit to a test must test negative (below 0.02 for alcohol) and be evaluated and determined eligible to return to duty by the Substance Abuse Professional (SAP) before the City releases the employee to return to safety sensitive work. Return-to- duty tests are required to be conducted under directly observed conditions. G. Follow-Up Testing Safety-sensitive employees that have tested positive will be required to undergo unannounced urine and/or breath testing following their return to work. This testing will be in addition to any random selected testing. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year, all as determined by the SAP. Follow-up tests are required to be conducted under directly observed conditions. The employee shall be solely responsible for the payment of all costs of substance abuse professional services and all required follow-up tests. An employee who fails to pay the cost of the follow- up tests will be subject to disciplinary action, up to and including immediate termination of employment. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 84 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 160 8.19.8 Employee Assessment A. Any safety-sensitive employee who tests positive for the presence of illegal drugs or alcohol above the thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by a Substance Abuse Professional (SAP). A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, marriage counselor or addiction counselor with knowledge of and clinical experience in diagnosis and treatment of alcohol-related/drug-related disorders, and who meets the qualifications set forth in 49 CFR 40.281. The SAP shall follow the procedures set forth in 49 CFR Part 40. The SAP will evaluate each employee to determine what assistance the employee needs in resolving problems associated with prohibited drug use or alcohol misuse. B. Assessment by the SAP or participation in the company’s Employee Assistance Program does not shield an employee from disciplinary action or guarantee employment or reinstatement with the transit system. The City of Fort Collins Transit System Disciplinary Code should be consulted to determine the penalty for performance-based infractions and violations of policy provisions. The violations may include, but are not limited to, refusal to test and positive test results. C. If a safety-sensitive employee is allowed to return to duty, they must properly follow the rehabilitation program prescribed by the SAP and documented in the Last Chance Agreement, the employee must have negative directly observed, return-to-duty drug and alcohol tests, and be subject to unannounced follow-up tests for a period of one to five years. The employee will also still be subject to random, post-accident, and reasonable suspicion testing. The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider. Employees will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. D. Employees who separate employment due to a positive drug /alcohol test result may seek reemployment only after a 6-month break in employment with the City and after demonstrating successful completion of the Substance Abuse Professional evaluation, referral and education/ treatment process as outlined in 49 CFR, of the USDOT regulation. Payment for SAP evaluations and services along with Return-to-duty and Follow-up testing is the employee’s responsibility 8.19.9 Information Disclosure Any records pertaining to the employee’s use of prohibited drugs, including records pertaining to their drug tests, may be released under the following circumstances: 1. When an employee gives written instruction that the transit system may release information or copies of records regarding an employee’s test results to a third party or subsequent employer; 2. When, due to a lawsuit, grievance, or proceeding initiated on behalf of the employee tested, the result must be released to the decision-maker in the case; Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 85 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 161 3. When an employee provides a written request for copies of their records relating to the test(s). Accessible records include any records pertinent to test, their such as equipment calibration records and laboratory certifications; 4. When an accident investigation is being performed by the National Transportation Safety Board (NTSB) and the post-accident test results are needed for the investigation; 5. When records are requested by the DOT or any DOT agency with regulatory authority over the employer or any of its employees, or to a state oversight agency authorized to oversee rail fixed guide way systems; 6. Test result information may be provided to an unemployment service bureau when the individual’s dismissal was a result of a positive drug or alcohol test; 7. Any request for release of information must specifically identify the person to whom the information is to be released, the circumstances under which the release is authorized, and the specific kind of information to be released. 8.19.10 Last Chance Agreement Employees who re-enter the workforce must agree to a last chance agreement. That contract may include, but is not limited to, the following: 1. A release to work statement from the Substance Abuse Professional; 2. A negative return-to-duty test under directly observed conditions for drugs and/or alcohol; 3. An agreement to unannounced frequent follow-up testing as determined by the SAP for a period of one to five years with at least six tests performed the first year; 4. A statement of expected work-related behaviors; 5. An agreement to follow specific after-care requirements with the understanding that violation of the re-entry contract is grounds for termination. 8.19.11 System Contacts Any person having questions regarding this policy or any aspect of the drug- free and alcohol- free transit program should contact the following transit system representative: Program Manager: Transfort/Dial-A-Ride General Manager Address: Transfort/Dial-A-Ride 6570 Portner Road Fort Collins, CO Office Phone: (970) 221-6836 Fax: (970) 221-6285 Medical Review Officer: Contact Transfort/Dial-A-Ride General Manager for current officer Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 86 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 162 Substance Abuse Professional: Contact Transfort/Dial-A-Ride General Manager for current officer The name, address, and phone number of the current Program Manager, the Medical Review Officer, the Substance Abuse Professional, collection sites, and the certified laboratory used to test samples shall be conspicuously posted in an area where all safety-sensitive employees will have ready access to it. 8.19.12 Employee Training and Effects of Alcohol All safety-sensitive employees will attend at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and the signs and symptoms which may indicate prohibited drug use. A. Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. B. Pursuant to the FTA regulations, the following is a discussion of: 1. The effects of alcohol misuse on an individual’s health, work, and personal life; 2. The signs and symptoms of an alcohol problem; and 3. The available methods of intervening when an alcohol problem is suspected. C. Effects on Health 1. Alcohol is a central nervous system depressant. As such, it slows down physical responses and progressively impairs mental functions. Alcohol also depresses the brain centers for self-control and inhibition, leading to loud and aggressive behavior, which make alcohol appear to act like a stimulant. 2. Alcohol use can cause unconsciousness, coma, respiratory failure, and death. It can have long degenerative effects on many body organs, including the liver, stomach, intestines, heart, and brain. The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], whiskey [one ounce], or wine [six ounces]) over time can result in the following health hazards: a. Decreased sexual functioning; b. Dependency (up to 10% of all people who drink alcohol become physically dependent on alcohol and can be termed “alcoholic”); c. Fatal liver diseases; d. Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma (skin cancer); e. Kidney disease; f. Pancreatitis; g. Spontaneous abortion and neonatal mortality; h. Ulcers; and i. Birth defects (up to 54% of all birth defects are alcohol related). Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 87 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 163 D. Effects on Work 1. Alcohol dulls sensation and impairs vision, memory, coordination, and judgement. This can lead to risky behavior, i.e., dangerous driving. Impairment in coordination can be objectively measured with as little as two drinks in the body. It takes an hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. A person who is legally intoxicated is six times more likely to have an accident than a sober person. 2. The estimated cost of alcohol abuse is about $117 billion annually. This figure includes medical bills, time lost from work, decreased job efficiency and property damage. E. Effects on Personal Life 1. The impact of alcohol abuse goes beyond the problem drinker. Each alcoholic affects the lives of four to seven people. Alcohol abuse is a leading cause of child abuse and neglect. It also figures prominently in spousal abuse. Alcohol during pregnancy can cause birth defects, including Fetal Alcohol Syndrome. 2. Each year in the U.S., over 88,000 deaths are related to alcohol. This figure includes deaths from vehicular accidents, drownings, suicides, and numerous physical ailments. This makes alcohol the third leading cause of death in America. The estimated annual toll is broken down as follows: a. 24,000 people will die on the highway due to the legally impaired driver; b. 12,000 more will die on the highway due to the alcohol-affected driver; c. 15,800 will die in non-highway accidents; d. 30,000 will die due to alcohol-caused liver disease; e. 10,000 will die due to alcohol-induced brain disease or suicide; and f. Up to another 12,500 will die due to alcohol-related conditions or accidents. 3. The following are additional social issues related to alcohol: a. Two-thirds of all homicides are committed by people who drink prior to the crime; b. Two to three percent of the driving population is legally drunk at any one time. This is doubled at night and on weekends; c. Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their lifetime; d. The rate of separation and divorce in families with alcohol dependency problems is seven times the average; e. 40% of family court cases are alcohol problem related; and f. Alcoholics are 15 times more likely to commit suicide than are other segments of the population. F. Signs and Symptoms of an Alcohol Problem 1. Alcohol causes both psychological and physical dependence. When a drinker uses alcohol as an escape from problems and stress and comes to depend on the drug for relief, psychological dependency is present. 2. When repeated drinking produces tolerance (which is a need to consume more of the drug to obtain the same effect), and the drinker’s body needs alcohol to function, physical dependence has developed. Once dependent, many drinkers experience withdrawal symptoms when they stop drinking. 3. Alcoholism is a disease characterized by, among other things, the drinker’s loss of control over their consequences. In general, people are said to have a problem with Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 88 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Personnel Policies and Procedures ൟ Manual Personnel Policies and Procedures Manual ൟRevised 12/6/2022 164 alcohol, or be alcoholic, if they cannot control their drinking, if they are dependent on the drug, and if their drinking has a negative impact on their physical or mental health, their families, friends, and jobs. 4. How a person using alcohol appears/behaves: a. Poor muscle coordination b. Dulled mental process c. Slowed reaction rate d. Staggering e. Red eyes f. Possible constricted pupils g. Poor or slurred speech h. Hygiene i. Lack of social control j. Sleepy or stuporous condition k. Loss of inhibitions l. Lack of concentration m. Confusion n. Aggressive or violent behavior o. Odor of alcohol on breath 5. Signs of alcohol misuse on-the-job include: a. Absenteeism b. On-the-job absenteeism c. Tardiness d. Accidents e. Missed deadlines f. Increased nervousness g. Greater irritability h. Procrastination, delays i. Red or bleary eyes j. Erratic productivity k. Hand tremors l. Flushed face m. Poor concentration n. Undependable o. Aggressiveness p. Personal problems q. Financial problems 8.20 Acceptance of Service of Process and Notice of Claim; Reporting of Claims and Preservation of Documents. 8.20.1 Acceptance of Services of Process A. When an individual or the City is served with a summons to appear in court or writ of garnishment, this action is referred to as “service of process.” Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 89 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Cityof �tColli� FTA SUPERVISOR'S GUIDE TO POST-ACCIDENT TESTING FOR FTA POSITIONS Any employee required to hold a commercial driver's license or others in safety sensitive positions as defined by the Ff A regulations is subject to post-accident testing for controlled substances and/or alcohol. The following is a procedural guide to help supervisors when an employee is involved in a motor vehicle accident during working hours. Grou11ds for post-accide11t testing The Ff A regulations require that any employee covered by this policy immediately submit to tests for controlled substances and alcohol if he or she is involved in an accident (regardless of whether or not the vehicle is in revenue service). An accident is defined as an occurrence associated with the operation of a vehicle in which: •An individual dies; •An individual suffers a bodily injury and immediately receives medical treatment away from the scene of an accident; •The vehicle (including non-transit vehicle) involved is a bus, electric bus, van, or automobile in which one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. "Disabling damage" is damage which prevents a motor vehicle from leaving the scene of the accident in its usual manner, in daylight, after simple repairs. This includes a motor vehicle that could be driven but would be damaged further if driven. It does not include: •Damage that can be remedied temporarily at the scene of the accident without special tools or parts. •Tire disablement without other damage, even if no spare tire is available. •Headlight or taillight damage. •Damage to tum signals, horn, or windshield wipers which make them inoperative. This includes safety sensitive employees who are on duty in the vehicles and any other whose performance could have contributed to the accident. Post accident testing is required for any accident in which an individual dies. Post accident testing is required for any non-fatal accident unless the employee's behavior can be completely discounted as a contributing factor to the accident. Consequences for refusal to test Any employee who refuses to take an alcohol or drug test required by the City may be subject to disciplinary action up to and including termination of employment. In addition, any employee who tests positive for alcohol or for a controlled substance may be subject to disciplinary action, up to and including termination of employment. Please refer to the Conduct section of the City of Fort Collins Personnel Policies and Procedures manual, or call the Safety and Risk Management (970.221.6836) or the Human Resources Departments for further guidance. Ciry of Fort Collins S11per.·isor's G11ide to Drug/Alcolwl Testing May2016 ATTACHMENT C Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 90 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Step 1: Arrange for post�accident testing. Fol lowing an accident, if an alcohol test is not administered within two (2) hours, the supervisor will prepare a written statement explaining why the test was not promptly administered. If the alcohol test is not administered within eight (8) hours, the supervisor shall cease attempts to administer the alcohol test and document the reason for not administering the test. Alcohol testing should be administered first and the drug test as soon as possible thereafter but no later than 32 hours from the time of the accident. Use the attached "Post Accident Documentation Form" to document why the alcohol and/or drug test was not administered. Complete alcohol test before starting drug test. Do drug test as soon as possible after the alcohol test. If, from the facts known to the supervisor at the time of the accident, there is a need for the employee to undergo testing for alcohol and/or a controlled substance, the supervisor shall make arrangements for the testing of the employee. The supervisor has two options for testing: 1)The supervisor can escort the employee to any of the City's approved collection sites listed on http://proxy-l .fcgov.com/network-file share.php?url=%5C%5Cfs01 %5Cshared%5CHR- CityShare%5CDrug Test Forms%5CDOT%20Form.pdf. 2)Or, the supervisor can call and have the employee tested at the site of the accident. You can contact the testing company (Accu-Test of Northern Colorado) at 970-663-3674, or 24 hour emergency at 970-227-9583. Step 2: Fill out the "Notification Form/or DOT Drug/Alcohol Testing." A.Fill out the employee information on the "Notification Form for DOT Drug/ Alcohol Testing.11 http://proxy-l.fcgov.com/ne twork-file share.php?url=%5C%5Cfs01 %5Cshared%5CHR CityShare%5CDrug Test Forms%5CDOT%20Form.pdf. B.Check which work group your employee belongs to. C.Check the line marked "Post-Accident" under the test type section. D.Fill in the time and date that the employee is notified. E.Fill in your name and work telephone number. F.Sign the form. G.Notify the employee that they are being tested in accordance with FT A regulations. H.Have the employee sign the form and fill in their home or cell phone number with area code. I.Fax the original form to Human Resources (2517) or email to jiohnson@fcgov.com. J.Send the original form with the applicant to the collection site. K.Fill out the attached "Post Accident Documentation Form" and forward to Safety and Risk Management DOT Compliance Specialist and your Human Resources Partner within 24 hours of the accident. Ciry of Fon Collins S11pen1isor's Guide w Drug!Alcolwl Testing May20/6 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 91 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 92 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 City of �tColll� FTA POST ACCIDENT DOCUMENTATION FORM FOR FTA POSITIONS Employee:------------Departm ent:---------- Employee's Title: __________ Date of Accident: ________ _ Is this employee's position a safety sensitive position according to the FTA? ��Yes �No Why does this accident fall under FTA post accident drug and alcohol testing criteria? Check one or more of the following reasons: D An individual dies. D An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident. D The mass transit vehicle involved is a bus, electric bus, van, or automobile in which one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. This includes safety sensitive employees who are on duty in the vehicles and any other whose performance could have contributed to the accident. Post accident testing is required for any accident in which an individual dies. Post accident testing is required for any non-fatal accident unless the employee's behavior can be completely discounted as a contributing factor to the accident. Following an accident, if an alcohol test is not administered within two (2) hours, the supervisor will prepare a written statement explaining why the test was not promptly administered. If the alcohol test is not administered within eight (8) hours, the supervisor shall cease attempts to administer the alcohol test and document the reason for not administering the test. Alcohol testing should be administered first and the drug test as soon as possible thereafter but no later than 32 hours from the time of the accident. This form is to be filled out and signed by the supervisor within 24 hours of the accident. Fax this form to Safety and Risk Management (6296) and Human Resources (2517). Supervisor Date Ciry of Fort C(1/Jins S11pervirc�·s Guide Ill DruglAlct1lwl Testing May20/6 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 93 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Post-Accident Drug and Alcohol Testing§ 382.303 Alcohol Jestine: test surviving driver as soon as practicable following an occurrence Involving a commercial motor vehicle (GVWR or combination 26,001 lbs or greater; or Is designed to transport 16 or more passengers Including the driver; or is of any size and Is used to transport Hazardous Materials requiring the motor vehicle to be placarded) while operating on a public road In commerce: 1.Who was perform Ing safety-sensitive functions with respect to the veh lcle, if the accident involved the loss of human life; or 2.Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, If the accident Involved: •Bodily lnjuiyto any person who, as a result of the injury, Immediately receives medical treatment away from the scene of the accident; or •0 ne or more motor vehicles Incurring disabling damage as a resu It of the accident, requiring the motor vehicle to be transported sway from the scene by a tow truck or another motor vehicle. Controlled Substance Testing: test surviving driver as soon as practicable following an occurrence Involving a commercial motor vehicle (GVWR or combination 26,001 lbs or greater; or Is designed to transport 16 or more passengers Including the driver; or is of any size and Is used to transport Hazardous Materials requiring the motor vehicle to be placarded) operating on a public road In commerce: 1.Who was perform Ing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2.Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, If the accident Involved:•Bodlly lnjuiy to any person who, as a result of the injury, Immediately receives medical treatment away from the scene of the accident; or •One or more motor vehicles Incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle Type of accident Involved Citation Issued to the CMVdriver Human fatality Yes Human fatality No Bodily lnjuiy with Immediate medical treatment Yes away from the scene Bodily lnjuiy with Immediate medical treatment No away from the scene Disabling damage to any motor vehicle requiring Yes tow away Disabling damage to any motor vehicle requiring No tow away Time Limitations for Post-Accident Testin� Employee must remain readily avallable for testing Test must be performed by employer Yes Yes Yes No Yes No Alcohol & Drug testing must begin as soon as practicable following the accident Do Alcohol test first. , , if possible •If not done within 2 hours of accident, document why•If not done within 8 hours of accident, cease attempts and document why Complete Alcohol test before starting the Drug Test Do Drug test as soon as possible after the Alcohol test •If not done within 32 hours, cease attempts and document why FIA only-Driver must be completely discounted as a contributing factor in the accident Not sure? Call Todd Ellingson 970.221.6836 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 94 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 95 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Ali Halopoff: Human Resources - (970) 416-2661 or Lori Wiggins:(970) 221-6821 This section to be completed by Supervisor*: *SUPERVISOR - Fax completed form to Human Resources 970-207-7938 AND give Employee/Applicant copy to take to collection site. Employee Number:____________________ Account #FMCSA Account #FTA NOTE: No job offers to be made on Thursdays or Fridays . __________Drug __________Alcohol __________Drug __________Alcohol __________Drug __________Alcohol __________Drug __________Alcohol The above marked test must be done under direct observation Date:______________________________ Time:_______________________________ NOTE: Proceed immediately to collection site Note: Applicant must provide sample for pre-employment drug test within 48 hours of date/time of job offer. This Section to be completed by Collection Site: Workwell Concentra COC# ______________________________ Oct-2019 #1: Utilities, Streets, Parks, Forestry, Rec, Cemetery, Natural Areas, Police, Traffic CONFIDENTIAL Notification Form for DOT Drug/Alcohol Testing Driver's License Number*:_________________________________ (Use this Form for CDL License Holders & FTA Safety Sensitive employees only) Todd Ellingson: Risk Management - (970) 221-6836, (970) 593-2096 or (970) 221-6708 City of Fort Collins Department:_________________________________________________________________________________ (employees only) *Providing your driver's license number is mandatory and essential in order to track your sample and ensure accuracy of the testing process. Solicitation of your number for these purposes is permitted by state and federal law. Phone Number with Area Code:_____________________________________________________________ Work Group (check one) Employee/Applicant Information (please print): Name:_____________________________________________________________________________________ #2: Transfort, Fleet Services (as required by 49 CFR Part 655) Test Type (check one) Pre-employment Testing (Drug Test Only) Post Accident (Drug and Alcohol Test Required) Hiring Manager/Talent Team Signature: ________________________________________________________________________ Applicant/Employee Signature: __________________________________________________________________ Random Testing Return-to-Duty Follow-Up Test Reasonable Suspicion Work Phone:________________ Date/Time Employee Notified of Test: Picture ID Verified Arrival Time:________________ Please check your site: Hiring Manager's Printed Name:___________________________________________ COLLECTION SITE: PLEASE FAX THIS FORM TO eMRO Dr. Stephen Kracht (913) 469-4029. Accu-Test Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 96 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Upated 10/2019 Preferred Escreen Collection Sites: Workwell Occupational Medicine 1600 Specht Point Road, Suite 115 Phone: (970) 672-5100 Hours: 8:00 am-5:00 pm (M-F) Concentra (preferred facility) 620 S. Lemay Avenue Phone: (970) 221-5811 Hours: 7:00 am-7:00 pm (M-F) Hours: 9:00 am-1:00 pm (Sat) Accu-Test of Northern Colorado 2529 N. Lincoln Ave. Suite C Loveland, CO 80538 970-663-3674, 24hr Emergency 970-227-9583 Hours: 8:00 am-5:00 pm (M-F) Hours: By Appointment (Sat/Sun) COLLECTION SITE INFORMATION Employee: If you arrive at a collection site that is unable to conduct your drug and/or alcohol screen (closed, no tester available, etc.) please call your supervisor and then proceed immediately to another collection site on this list. Supervisor: Please call Todd Ellingson 221-6836, 593-2096, Ali Halopoff 416-2661 or Lori Wiggins 221-6821 if this situation results in testing being conducted beyond the established time allowance. Notice Regarding Medical and/or Recreational Marijuana Use: Because the possession and use of marijuana, whether for medical use or otherwise, constitutes a federal offense and because the use of marijuana is not compatible with the performing of any job with the City, the City will not accommodate the medical or recreational use of marijuana. For purposes of this policy, the use of medical marijuana as recognized by state law is not considered a prescribed or otherwise permitted medication. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 97 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Operation Services | City ID Badge Information New employees need to obtain an ID Badge as soon as possible upon starting employment. City policy dictates that City employees/volunteers/interns are required to wear ID Badges at all times when working. To obtain an ID Badge: 1.Complete the form below. 2.Email the following to OperationServices@fcgov.com: a.This Badge Request form (save file as employee name) b.A close-up picture (if new employee or if you would like to update your photo) c.A copy of the employee's driver's license (new employees only) 3. Operation Services will contact you when your ID is ready. Operation Services is located at 300 Laporte Avenue, Building B. Hours are M-F, 8:00 a.m. to 5:00 p.m. Reason for Request: New Hire Lost/Stolen *Must have supervisor's approval. Fee $10.00 cash/check only. Update *Must have old ID to exchangeDamaged *Must have old ID to exchange Employee’s Status: City Employee Paid Intern Contractor Unpaid Intern Volunteer EE Last Name: EE First Name: EE Preferred Name: Hire Date: Employee ID: Job Title: Supervisor Name: Supervisor Contact #: For Contractors Only: Contractor Business Name: Contractor Supervisor: Supervisor Contact#: City Contact: City Contact #: Service Area/Department (Check One) City Manager’s Office City Attorney’s Office City Clerk’s Office Municipal Court Community Services: Cultural Services Recreation Parks Natural Areas Park Planning & Development Information & Employee Services: Human Resources Information Technology Communication & Public Involvement Operation Services Financial Services: Accounting & Treasury Budget Purchasing Finance Revenue Safety & Risk Management Sustainability Services: Economic Health Office Social Sustainability Environmental Services Planning, Development & Transportation: Administration Engineering FC Moves Streets Community Dev & Neighborhood Srvcs Transfort/Parking Services Traffic Utility Services: Customer Connections Light & Power Operations Water Engnr & Field Services Electric Field Services Utility Financial Operations Water Resources & Treatment Ops Broadband 5/19/2021 ATTACHMENT D Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 98 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT E UNIFORM POLICY SECTION 1 – General Overview Service Provider Supervisors, Attendants and Operators who interact with the public will wear and maintain approved City uniforms while performing City services. City logo will be displayed at all times and shall not be covered by over garments. City uniforms are intended for the operation of City services and may not be worn outside of revenue service. SECTION 2 – Acceptable Garments The City has an approved uniform logo as well as approved uniform styles and colors on file with a uniform contractor. The City will ensure that authorization is granted to allow the Service Provider to purchase the following garments through the City’s uniform contractor. The following options are available: 1. Waterproof outer shell 2. Pique fleece jacket or 511 Job Shirt 3. Fleece vest 4. Sweatshirt 5. Ball cap or visor 6. Knit winter cap 7. Shirts a. Long Sleeved Button Up Shirt b. Short Sleeved Button Up Shirt c. Short Sleeved Polo Shirt Pants Black pants or denim jeans may be worn with uniform shirts. Denim jeans must be neat, clean, blue or black in color and appropriate for office ware. No jeans with holes or those that are worn, faded or frayed shall be worn. Jean shorts or Capri pants are not acceptable. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 99 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT E UNIFORM POLICY SECTION 3 – Acceptable Condition Uniforms are to be neat, clean, wrinkle free, and worn whenever on duty. At any time when uniform is worn, it must be worn appropriately as per the policy. 1. All uniform shirts must be tucked in. Sweatshirts are exempt from this rule. 2. Complete uniforms will be worn while on duty. 3. T-shirts and/or turtlenecks may be worn under the uniform shirt, at the employee’s option. These optional items are to be blue, charcoal gray, white, or black, and solid in color. 4. No optional apparel worn underneath the uniform shirt shall be visible when worn under the uniform shirt, except the minimal amount at the cuff of a long sleeved uniform shirt. (No long-sleeved t-shirt or turtleneck may be worn under a short sleeved shirt or long sleeved uniform shirt rolled up so that the sleeves of the underneath garment are visible below the uniform shirt.) 5. Shoes will be boot or oxford in style (completely enclosing the foot), entirely black in color, clean and in good repair. This applies to summer and normal winter footwear. In periods of extreme cold (below 15 degrees F) or snow fall of 5 or more inches, snow boots of a dark color may be worn provided they do not interfere with the ability to operate a bus safely. 6. Socks must be worn; colors may be black, gray, white, navy or light blue. 7. Belts or suspenders are required for all uniform pants which have belt loops. Belts or suspenders will be black in color, clean and in good repair. 8. Caps which are issued and/or authorized by Transfort may be worn. 9. Fanny Packs may be worn; they must be completely dark in color, and must not interfere with the ability to operate a bus safely. 10. Ear ornaments must not distract from a professional appearance, or create a safety hazard in any way. 11. Only Transfort authorized pins or emblems may be worn or displayed on uniform items. SECTION 4 – Personal Hygiene 1. Hair shall be neat, clean and well groomed. The style must present a professional image and be such that it does not create a safety hazard in any way. 2. Facial hair is allowed but must be kept neat, clean and trimmed. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 100 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT E UNIFORM POLICY 3. Body odor will be kept in check. Clean teeth and fresh breath are required. 4. Body piercings or adornments must not distract from a professional appearance. 5. Visible tattoos must not distract from a professional appearance. Tattoos that may be offensive or unprofessional must be covered. SECTION 5 – Contractor Identification Badges City-issued contractor ID badges will be displayed at all times and shall not be covered by over garments. Contract management staff will facilitate the issuance of contractor ID badges. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 101 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT F Working With The Public Collision, Injuries or Illness Involving Passengers Operators will: • Report to the Dispatch or Supervisor any collision, injury or illness involving a passenger waiting at a bus stop, boarding the bus, while on the bus, getting off the bus or at the bus stop after getting off the bus. • Request medical response, if passenger(s) asks or operator judges it necessary • Get name(s) of injured/ill passenger(s). • Submit a clear and complete Incident Report at the end of the shift. Courtesy Cards Courtesy Cards are provided as a means for passengers to write their compliments and/or complaints about the City bus system and as a means of getting witness information for accidents, disruptive incidents, etc. Courtesy Cards are designed to be returned to the operator or mailed to the City. Operators will: • Be sure their bus has an adequate supply of Courtesy Cards. * • Give a Courtesy Card to any passenger who wishes to make a complaint or pass on a compliment. • Take the completed Courtesy Card from the passenger and turn it in to Dispatch, Supervisor, or instruct the passenger to drop the card in the mail. *Service Provider will request new supplies of courtesy cards from the City before supplies diminish Disabled Passengers and Senior Citizens Passengers using the City bus system should be able to get on and off the bus without assistance. However, there will be exceptions. Operators will: • Assist passengers getting on and off the bus, if asked to do so. • Assist passengers loading and unloading heavy and/or awkward objects, such as baby carriages, if, in the operator's opinion, doing so will speed the loading and unloading process and keep the bus on time. • Permit "helper animals" (usually dogs) to accompany disabled persons on the bus, including Guide Dogs for the Visually Impaired, Hearing Dogs for Hearing Impaired, Canine Companions to assist the impaired. Helper animals in training may also be permitted to ride the bus, even though the trainer is not impaired. No certification or credentials are required to establish that an animal is indeed a “helper animal.” • Read and respond to written notes used by verbally and/or hearing-impaired persons. • Use pencil and paper to communicate with verbally or hearing-impaired persons. • Look directly at and speak slowly to verbally or hearing-impaired persons. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 102 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT F Working With The Public • Open the bus door and announce your route and directions of travel to waiting passengers, regardless of whether they appear to be visually impaired or not. • Call out designated stops. • Give special attention to the needs and requirements of the impaired and elderly passenger. • Ensure that impaired and elderly passengers are securely seated before moving the bus. • Ensure that impaired or elderly passengers do not get off the bus in unfamiliar surroundings. • Contact Dispatch or Supervisor in cases where impaired or elderly persons become confused, disoriented, or disruptive. • Never refuse service based on a disability or age. Disruptive Incidents Major Disruptive Incidents includes physical assault on Operators and/or passengers, spitting or throwing things on or out of the bus, malicious destruction of property. Operators will: • Stop the bus in a safe place. • Radio the Dispatch or Supervisor with a brief description of the situation, route number, location and direction of travel. • Request police assistance if necessary. If unsure, ask for police assistance. • Evacuate your passengers to a safe place, if necessary, to protect them. • Get a description of the disruptive passenger(s). • Report resolution of the incident and return to service. • File a police report as soon as possible, if required. • Submit an Incident Report within 24 hours of the incident. Minor Disruptive Incidents include failure to pay fare, consuming intoxicants or smoking on the bus, boisterous activity, passenger refusal to comply with operator requests for safe conduct (standing when seats are available, having arms and/or heads out the window, etc), verbal harassment of operator or passengers. Operators will: • Ask those responsible to stop their improper activity. • Remain calm and courteous. • Tell the passengers they must stop or get off the bus. • Use the procedures in Ejecting Disruptive Passengers, if necessary. Ejecting Disruptive Passengers Operators will: • Avoid physical encounters with passengers except to defend yourself or another passenger from physical harm. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 103 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT F Working With The Public • Avoid words or actions which may make the situation worse. • Advise disruptive passenger that they will be asked to get off the bus if they continue their disruptive actions. • Stop the bus in a safe place, set the parking brake, put on the four-way flashers, and tell the disruptive passengers to get off the bus. • Get a description of the disruptive passengers. • Call the Dispatch or Supervisor and tell him/her the situation. • Get names of witness. • Provide Courtesy Cards to other passengers on the bus. • Request Dispatch, Supervisor, and/or police assistance if necessary. Provide route number, location and direction of travel, and brief description of the problem, if possible. • Submit an Incident Report within 24 hours. Providing Information Operators will: • Respond to requests for information in a courteous and safe manner. • Become familiar with major points of interest and businesses along the various routes. • Give concise, accurate information concerning City bus routes, transfer points, times, parks, public buildings, major business, theaters. • Call designated stops • Call specific bus stops when requested by a passenger. • Contact Dispatch or Supervisor by radio for information you cannot provide. • Refer passengers to the City bus schedule, to the City general bus information number (221-6620) or to the website, www.ridetransfort.com for additional information. Refusing Service to Passengers 1. Suspended Passengers Transfort Manager will: • Issue written notices to Service Provider concerning persons who have been temporarily suspended from use of the City bus system for serious and/or repeated violation of system rules. Operators will: • Refuse service to any person who has been suspended from the City bus system. 2. Severely Intoxicated Operators will: Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 104 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT F Working With The Public • Refuse service to any prospective passenger(s) who, in the operator's opinion, appears to be so intoxicated that he/she may cause injury to themselves or others if allowed on the bus. • Submit an Incident Report within 24 hours after the incident. 3. Fare Refusal Operators may: • Refuse service to any person who gets on the bus and will not pay the appropriate fare or display the appropriate fare media. Operators will, at their option: • Permit partial payment of fare if the passenger(s) does not have enough money to pay the full fare. Passenger(s) must agree to pay the balance on the next ride. * • Permit passenger(s) to ride without payment of fare upon promise to pay on the next ride. * *While this is at the Operator’s discretion, the full fare will be deducted from the authorized charges and passengers will be applied towards normal ridership counts. 4. Pets Operators will: • Refuse service to prospective passenger(s) who wish to bring pets on the bus unless the pet is in an appropriate container. • Permit animals trained to assist people with disabilities to ride the bus. 5. Roller Blades or Roller Skates Operators will: • Refuse service to prospective passenger(s) wearing roller blades (in-line skates) or roller skates. Both skates must be removed before the person can be allowed to board. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 105 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT G Advertising and Marketing 1 The Service Provider shall allow advertising materials commissioned by the City or its advertising Contractor to be applied to vehicles which have been leased to the Service Provider for the purposes of this service. Interior of Vehicles 1. Vehicles leased by the Service Provider are fitted with brochure holders and rider alert holders on the interior of each vehicle. a. The Service Provider shall ensure that these brochure and rider alert holders remain in good repair and shall replace holders at Service Providers expense should they become damaged. 2. The Service Provider shall ensure that the brochure holder in each vehicle used for this service is stocked at the beginning of each service day with the following: a. Gold Route/Foothills Shuttle schedules b. Transfort Rider Guide and System Map c. City of Fort Collins / Transfort Comment Card 3. The aforementioned brochures are provided by Transfort. Service Provider shall be responsible for ensuring adequate back stock is kept to comply with item number two. 4. Only City authorized materials shall be posted on the interior of the vehicles or in the brochure holders or rider alert holders. 5. The City shall provide the Service Provider with specific Rider Alert information as necessary to post in provided rider alert holders on each of the vehicles. Exterior of Vehicles Service Provider shall ensure the following list of decals, logos and information which has been placed on the exterior of the vehicles remains visible, shall not be covered, removed and shall remain in good repair. 1. City of Fort Collins Logo 2. Transfort Logo 3. ASCSU Logo 4. fcgov.com Logo 5. How’s my Driving bumper Sticker Service Provider may affix their company logo on the vehicles. 1. Logo shall be preceded by the phrase, “Operated By” 2. Logo shall not be larger that 50% the size of the City of Fort Collins Logo currently on vehicle 3. Logo shall be placed on the rear of the vehicle. City of Fort Collins currently has a Contractual Service Agreement with Street Media Group LLC to sell appropriate advertising space on the exterior and interior of designated City buses and other vehicles as designated by the City. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 106 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT G Advertising and Marketing 2 1. Service Provider shall allow advertising frames and or panels on the exterior of leased vehicles and advertising sheets on the interior of the vehicle as authorized by the City in compliance with the Contractual Service Agreement. 2. Service Provider shall make available to the Cities current contractor for vehicle advertising, during regular business hours; Monday – Friday, 8:00 AM – 5:00 PM any leased vehicle, to change or replace or update advertising frames, panels or sheets on the exterior or interior of leased vehicles as necessary. 3. Service Provider shall notify the current contractor in the event an advertising frame has been damaged or an advertising panel is missing. 4. Service Provider shall have no claim to any revenue generated by advertising placed on the exterior and interior of any leased vehicle. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 107 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Supervisor Signature Date Noted Date Repaired Repair Initials 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTACHMENT H Transfort VEHICLE DAMAGE REPORT Vehicle #:________________ Instructions: Completely inspect exterior of vehicle. If new damage is discovered (not reported on this form), notify dispatch before moving the vehicle. Describe new damage below and use the number to the left of the description to show the location on the vehicle graphic (reverse side). DAMAGE DESCRIPTION Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 108 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 CURB SIDE REAR FRONT STREET SIDE Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 109 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT I Fleet Management Guidance SECTION 1 – Terms of Lease Agreement This agreement entered into between the City of Fort Collins and Service Provider is for the lease and operation of three IC HC PC 505 transit buses to the Service Provider for transportation purposes. The vehicles referenced as part of this lease agreement are identified in the following table. Table A – Vehicle Identification Asset ID Year Make Model VIN 115 2021 Ford F550 StarTrans Senator II HD LPG 1FDAF5GY6KEG59519 116 2021 Ford F550 StarTrans Senator II HD LPG 1FDAF5GY6KEG59536 117 2021 Ford F550 StarTrans Senator II HD LPG 1FDAF5GYXKEG59541 General Provisions 1.Service Provider agrees to assume possession, use, maintenance and operation of the three transit vehicles for the duration of this contract. Contactor shall maintain the vehicles as lift-equipped passenger transportation vehicles that are ADA accessible and licensed in the State of Colorado. 2.Service Provider agrees to insure and provide proper safeguards and protection for the vehicles to ensure they will not be stolen or used in an unauthorized manner under this agreement. 3.Service Provider agrees it shall make a good faith effort to ensure that appropriate training of Service Provider personnel is conducted and in compliance within the provisions of – Scope of Work of the Safe Ride Home contract. 4.Service Provider shall not use the buses for any other reason than what is defined in this contract without written approval from the City. 5.Service Provider is required to reimburse the City the negotiated rate of $100 per year per bus. 6.This agreement will terminate upon the termination of the contract. The Service Provider will return the buses to the City within fifteen (15) days of the termination of the contract, or upon request of the Contract Manager, and in accordance with the conditions deemed as acceptable in the Lease Return Criteria of this agreement. 7.For the length of this agreement, Service Provider shall comply with the insurance requirements set out in the Insurance of this agreement. 8.Upon inception of the contract, Service Provider will obtain US DOT number and inspection as necessary for each vehicle. Service Provider will display the US DOT number in prescribed locations on each vehicle for the duration of the contract. These numbers shall be displayed on the vehicles no later than the first day the vehicles are operated. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 110 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT I Fleet Management Guidance 9. Service Provider will operate and maintain the vehicles in accordance with all US DOT and CDOT and Federal Motor Carriers Safety regulations as well as all state and local laws and ordinances. 10. In addition to federal regulatory requirements regarding commercial motor vehicle inspections, Service Provider will also conduct Preventative Maintenance Inspections and Pre and Post Trip Vehicle Inspections in accordance with City operating standards on the Vehicle Inspection Report form as provided in the Vehicle Inspection Report of this agreement. 11. The City will perform monthly random vehicle inspections and annual site inspections of Service Provider facilities. In addition, the Service Provider will submit vehicle mileage and ridership reports to the City. These measures are used by the City to provide required reporting to the Federal Transit Administration. The City agrees to facilitate and incur the cost of major repairs to all vehicles leased from the City specifically for the provision of this service. Major repairs include but are not limited to the engine and other drive train components of the vehicle. The City will not incur any cost or facilitate repair of any vehicle when said repairs are warranted due to the actions of a driver, due to a lack of regular preventative maintenance, or due to improper maintenance performed by the Provider. Major repairs will be approved by Contract Manager before said repairs commence. It is understood that the City will perform repairs at their facilities, but may, at the discretion of the Contract Manager, authorize the Service Provider to perform the major repair and invoice the City appropriately. The Service Provider will be responsible for the first $1,500 in repairs per incident to each vehicle leased under the Agreement. The Service Provider’s total responsibility for repairs shall be limited to $5,500 net per vehicle per year. Any repair expenses greater than the limits set forth herein for the Service Provider shall be paid for by the City. 12. In the event that the City authorizes the Service Provider to perform a major repair, Service Provider will provide a detailed cost estimate using an hourly labor rate not to exceed $105 per hour to the Contract Manager for approval prior to performing the repair. In the event that a major repair to a leased vehicle is warranted, and that repair will remove the vehicle from service for more than seven days, the City will provide a replacement vehicle to be used for service under this contract until the leased vehicle has been returned to service. 13. The City agrees to provide the Service Provider with any relevant rules and regulations of how to manage the vehicles. 14. The City has the right to perform the work and charge a deductible of $2500 for the repairs. 15. Day-to-day communications regarding this agreement shall be directed to: TBD 16. The parties acknowledge that no other written or oral representations different or apart from the foregoing contract and written agreement have been made. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 111 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT I Fleet Management Guidance 17. This agreement shall take effect when signed by authorized representatives of the City and the Service Provider. SECTION 2 – INSURANCE The Service Provider shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Service Provider and the City. A. Service Provider shall obtain and maintain throughout the duration of this Agreement: 1. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Service Provider employees acting within the course and scope of their employment. 2. General Liability Commercial General Liability Insurance covering premises operations, fire damage, independent Grantees, products and completed operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as follows: (a)$1,000,000 each occurrence; (b) $5,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $500,000 any one fire. If any aggregate limit is reduced below $5,000,000 because of claims made or paid, Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the City a certificate or other document satisfactory to the City showing compliance with this provision. 3. Automobile Liability City of Fort Collins and the State of Colorado, CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations of endorsements CG 2010 11/85, CG 2037, or equivalent). 4. Hired Auto Physical Damage Contractor shall carry hired auto physical damage insurance in an amount at least equal to the actual cash value (ACV) of vehicles identified in this contract. 5. Primacy of Coverage Coverage required of the Service Provider shall be primary over any insurance or self-insurance program carried by the City or the State. 6. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the City and the State by certified mail. 7. Subrogation Waiver Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 112 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT I Fleet Management Guidance All insurance in any way related to this Agreement and secured and maintained by the Service Provider as required herein shall include clauses stating that each carrier shall waive rights of recovery, under subrogation or otherwise, against the City or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. B. Certificates The Service Provider shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Agreement. No later than 15 days prior to the expiration date of any such coverage, the Service Provider shall deliver to the City certificates of insurance evidencing renewals thereof. In addition, upon request by the City at any other time during the term of this Agreement or any sub-Agreement, the Service Provider shall, within 10 days of such request, supply to the City evidence satisfactory to the City of compliance with the provisions of this Agreement. C. Indemnification: Lessee shall within the confines of the laws of the State of Colorado, indemnify, defend and hold harmless the City of Fort Collins, its officers, agents and employees from and against any and all losses, damages, claims, causes of action, sanctions, administrative penalties, costs or expenses, including attorney’s fees and costs, arising out of or resulting from contractor’s negligent or wrongful acts or omissions, or the negligent or wrongful actions or omissions of contractor’s employees, agents, consultants, invitees, or any other persons or entities over whom contractor exercises or should exercise control, in conjunction with contractor’s use, maintenance, storage and possession of the Leased Vehicles. SECTION 3 – Lease Return Agreement A thorough inspection shall be made on each vehicle and existing damage will be noted and placed on file, signed by the Lessee as well as an assigned City representative. Upon termination of this agreement, vehicles will be returned to the City in clean, acceptable working order in the same condition that they were delivered to the Service Provider except for normal wear and tear. The Service Provider agrees to repair any excess wear and tear to a condition satisfactory to the City. Below are examples of excess wear and tear which would not be acceptable: 1. INTERIOR: a. Any burn holes b. Tears greater than 1” c. Any stains that cannot be removed d. Any damage as a result of smoking which is prohibited inside the vehicles 2. EXTERIOR: a. Damage to frame structure that affects the integrity of the vehicle b. Scratches that go through the paint c. Two or more dings per panel Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 113 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT I Fleet Management Guidance d. Dents greater than 2” diameter e. A cracked, pitted or broken windshield f. Lights, turn signals and lamps with broken lenses or burned out bulbs 3. MECHANICAL a. Mechanical or electrical malfunctions. All components shall be in good mechanical condition, no fluid leaks will be allowed. b. Inoperable, missing or broken equipment or poor repair of any damage is also considered excess wear and use. SECTION 4 – Vehicle Inspection Report A Vehicle Inspection Report (VIR) shall be completed prior to vehicle operation at the start of every transit service day with the driver’s signature to ensure safe condition of the vehicle. The driver shall not operate the vehicle if a mechanical defect was noted and a mechanic has not signed the VIR acknowledging the problem. The driver shall not operate the vehicle if a safety-related mechanical defect was noted and not signed off and not corrected prior to the start of the service day. The driver shall complete the form at the end of every service day and ensure that mechanical failures are reported to maintenance staff for correction. A Vehicle Damage Report (VDR) may be used to note and track all damage incurred to the vehicle. If the VDR is used the driver should inspect the vehicle for any new damage during the pre-trip inspection; all damage should be noted on the VDR and acknowledged by a supervisor. The driver should inspect the vehicle for any incurred damage during the post trip inspection; all damage should be noted on the VDR and acknowledged by a supervisor. The Service Provider shall meet or exceed the standards of the City of Fort Collins’ Transfort Vehicle Inspection Policy and VIR form. The use of the VDR forms provided is optional. • Attachment R – Transfort Driver’s Vehicle Inspection Policy • Attachment S – Transfort Vehicle Inspection Report Form • Attachment T – Vehicle Damage Report SECTION 5 – Preventive Maintenance In order to ensure proper maintenance, safety and comfort to our passengers, the Service Provider will meet or exceed the guidelines of the preventive maintenance schedule in this section. The forms provided may be used or expanded by the Service Provider. However, the Service Provider will at a minimum, perform maintenance noted on the forms and comply with the schedule posted on each form. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 114 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT I Fleet Management Guidance FORM A – PMA Check Sheet Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 115 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT I Fleet Management Guidance FORM B – PMBCD Check Sheet PMBCD Check Sheet Y N PMB SERVICE OK Needs Repair 24 K miles INTERIOR HARDWARE ____ ____ SUSPENSION ____ ____ DIFFERENTIAL/SAMPLE ____ ____ ENGINE MOUNTS ____ ____ AIR FILTERS ____ ____ FUEL FILTERS ____ ____ SAMPLE TRANSMISSION ____ ____ PARKING BRAKE ____ ____ NOTES: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Y N PMC SERVICE OK Needs Repair 48 K miles FRONT WHEEL BEARINGS ____ ____ TRANSMISSION SAMPLE ____ ____ TRANSMISSION SERVICE ____ ____ CLEAN RADIATOR ____ ____ ENGINE TUNE UP ____ ____ NOTES: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Y N PMD SERVICE OK Needs Repair 66K miles SERVICE DIFFERENTIAL ____ ____ SAMPLE DIFFERENTIAL ____ ____ REAR WHEEL BEARINGS ____ ____ NOTES: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 116 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT I Fleet Management Guidance FORM C – Braun Lift Check Sheet Braun Check Sheet Unit _____ OK Needs repair Repairs made Date:_______ Lift operation _____ _____ Pump Module _____ _____ Fluid Level _____ _____ Hand held control _____ _____ Lift frame _____ _____ Platform Assembly _____ _____ Outboard roll stop _____ _____ Roll Stop latch _____ _____ Inboard Roll Stop _____ _____ and Bridge Plate _____ _____ Handrails _____ _____ Cylinders _____ _____ Gas Struts _____ _____ Hand Jack _____ _____ Parallel Arms _____ _____ Notes: Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 117 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT J TRANSFORT Driver's Vehicle Inspection Policy Completed by: Jane Johnson Completed Date: 11/18/2009 Updated: 2/15/18 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 118 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT J Driver's Vehicle Inspection Policy City of Fort Collins is committed to following a strong daily inspection program. Department of Transportation (DOT) regulations require commercial motor vehicles (10,001 lbs. GVW or GVCW and over) to be inspected every day they are operated. Our daily inspection procedures will help avoid DOT penalties and provide a sound basis for a good inspection and maintenance program. Daily inspection of vehicles will help prevent small problems from becoming big problems. Driver's Vehicle Inspections Procedures Driver Pre-trip Inspection Each driver must be satisfied that equipment is in proper working condition prior to operating a vehicle. This includes the following equipment: • Service brakes, including trailer brake connections • Parking (hand) brake • Steering mechanism • Lighting devices and reflectors • Tires • Horn • Windshield wipers • Rear vision mirrors • Wheels and rims • Coupling devices • Emergency equipment • Current DOT Annual Vehicle Inspection Sticker • Wheelchair lift and securement straps Each driver must also be satisfied that cargo is properly distributed and secured. The vehicle's cargo or other objects must not obscure the driver's view or interfere with the driver's movement. The driver will also review the last completed Driver's Vehicle Inspection Report (DVIR) to verify that any needed repairs were made to the vehicle. If an authorized signature certifies that defects were corrected or that correction was unnecessary, the driver shall sign the “Pre-Trip” signature line of the form. If the defects noted were not acknowledged by an authorized signature, the driver shall not drive the vehicle until the defects are handled appropriately. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 119 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT J Driver post-trip inspection report Each driver is required to complete a written report on each vehicle's condition at the end of the day, or when he/she finishes driving the vehicle for that day. A vehicle includes a power unit and trailer or trailers. City of Fort Collins will use an inspection report form that has an original and two copies. If a defect is found, the driver must note the defect on the DVIR. If the defect renders the vehicle unsafe, Maintenance will take the vehicle out of service. The driver must submit the yellow copy of the DVIR as a request for repair. After repairs are completed, Maintenance will locate the DVIR book, insert the yellow copy, and sign off on the repairs on all three copies. The DVIR book must remain in the vehicle at all times. The vehicle must be identified on the report. The regulations require that any defects in the following equipment items be noted: • Service brakes including trailer brake connections • Parking (hand) brake • Steering mechanism • Lighting devices and reflectors • Tires • Horn • Windshield wipers • Rear vision mirrors • Coupling devices • Wheels and rims • Emergency equipment • Current DOT Annual Vehicle Inspection Sticker The driver must also note any other defects that would affect the safe operation of the vehicle or result in its mechanical breakdown. The report must also indicate if no defects are found. The driver must sign the report on the “Post Trip” signature line. No defects: When no safety related problems are reported by the driver, the driver must place the original copies of the inspection report in the “VIR” mailbox (in the operator mailbox area). These reports are filed and retained in Dispatch. Defects: When a driver reports safety related problems, he/she submits the yellow copy, as a request for work order, to Maintenance. The mechanic or technician who performs the repair will insert the yellow copy back into the book (that always stays in the vehicle) and signs all copies of the report indicating that repairs have been made (or are not required to be made). The vehicle inspection report must be signed by the next driver to operate the vehicle. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 120 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT J The original copy of the inspection report and certification of repairs will be placed by the driver in the “VIR” mailbox (in the operator mailbox area). These reports are filed and retained in Dispatch. Inspection reports will be filed by vehicle, by the month, in date order, one for each day each of the units is used. The original copies of inspection reports on which no defects were noted will be retained for 3 months. The original copies of inspection reports on which defects were noted, and the certification of repairs, will be retained for 3 months. The pink copies will be left in the DVIR books in the vehicles for the life of the book plus 8 days. The yellow copies will be kept in the vehicle's maintenance file in Maintenance. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 121 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT K Transfort Vehicle Inspection Report Vehicle Unit #: Today’s Date: Starting Mileage: Ending Mileage: MECHANIC’S COMMENTS: ABOVE DEFECTS CORRECTED ABOVE DEFECTS HAVE BEEN NOTED: WAITING FOR PARTS – WILL NOT AFFECT SAFE OPERATION OF VEHICLE ABOVE DEFECTS HAVE BEEN NOTED: WILL DISCUSS WITH OPERATIONS MECHANIC’S SIGNATURE: DATE: REV:10/01/08 Inspect each item below and note its condition with either: X = Defective (BLANK) = OK If (X) is entered for any item, please explain in comments section below. IF THERE IS A SAFETY PROBLEM – NOTIFY DISPATCH IMMEDIATELY ITEM PRE POST PRE POST ITEM PRE POST BRAKE TESTS (6): Fans: Defrost / Foot Emergency Exits 1. Service Brake Air Conditioning/Heat EXTERIOR: 2. Emergency Brake w/ Throttle Mirror Adjustments Windows / Windshield 3. Air Pressure Leak Steering mechanism Bike rack 4. Emerg. Brake Engage w/ Low Air Horn Head lights (Hi/Low) 5. Low Air Warning Interior & Gauge Lights Clearance Lights 6. Air Pressure recovery 85-100 psi in 45 seconds Kneeler Turn Signals & 4-ways DRIVER AREA: Lift Rear View Mirrors Clock Retarder Wheels, Tires & Lug Nuts Seat belt 2-Way Radio Check Fuel Fill Caps PA System INTERIOR: Ad Signs “Stop Request” Cord Stairwell lights Access panels Destination Sign Flooring Back-up lights / Beeper Fare Box Fire Extinguisher Stop Lights / Reflectors Oil Pressure Gauge Bio Hazard Kit License Plate Lights Water Temp Gauge First Aid Kit Tail Lights Voltmeter Triangles Fluid Leaks Trans. Temp Gauge W/C Securements Air Leaks Door Operation Stanchions / Rails Engine Door Windshield Wipers & Washer Seating Condition New Body Damage—notify Dispatch now I HAVE REVIEWED THE PREVIOUS VIR, PERFORMED A PRE-TRIP INSPECTION, AND FIND: No Defects Defects as recorded below: Comments: Pre-Trip Signature: Radio #: Route / Sch: 1) I HAVE INSPECTED THE OUTSIDE CONDITION OF THE VEHICLE AND FIND: No New Damage New Damage as recorded below: Comments: Mid-Trip Signature: Radio #: Route / Sch: 2) I HAVE INSPECTED THE OUTSIDE CONDITION OF THE VEHICLE AND FIND: No New Damage New Damage as recorded below: Comments: Mid-Trip Signature: Radio #: Route / Sch: I HAVE PERFORMED A POST-TRIP INSPECTION AND FIND: No Defects Defects as recorded below: Comments: Post-Trip Signature: Radio #: Route / Sch: PR E -TR I P MI D -TR I P (S ) PO S T -TR I P Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 122 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT L Date Received: Investigator: Investigator Phone: (circle one)Employee Schedule Stop Vehicle Feedback Information: Fixed Route COMPLAINT REPORT Incident Date: Incident Time: General Information: Incident Location: Employee Name: Vehicle Number: Route Name/Number: Investigator Actions and Statement: Contact Date: Contact Phone: Contact Address: Contact Name: Subject Type: General Description: Employee Statement: Subject Information: Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 123 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT M Date Received: Investigator: Investigator Phone: (circle one)Employee Fare Passenger Schedule Stop Vehicle Fixed Route INCIDENT REPORT Incident Date: Incident Time: General Information: Incident Location: Employee Name: Vehicle Number: Route Name/Number: Passenger, Police or Witness Information: Investigator Actions and Statement: Contact Date: Contact Phone: Contact Address: Contact Name: Subject Type: General Description: Employee Statement: Subject Information: Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 124 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Incident Type Date Time Route Vehicle Employee Delay From Delay to #Passengers INCIDENT TYPES USE MISSED TRIP - BICYCLE #Passengers MISSED TRIP - CAPACITY #Passengers MISSED TRIP - **P3** CAPACITY #Passengers MISSED TRIP - P3 LIFT INOP #Passengers DOWN Delay From/Delay To PSGR EJECTED / REFUSED #Passengers DETOUR / INACCESSIBLE STOP -- EMERGENT INCIDENT-NON ACCIDENT -- TRIP ADDED Delay From/Delay To TRIP CANCELLED Delay From/Delay To Gold Service/Route 33 INCIDENT LOG Description AT T A C H M E N T N Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 125 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 RE M I N G T O N GOLD LOOP 1478 1448 137 248 1478 DE P A R T MO U N T A I N & RE M I N G T O N LA U R E L & WA S H I N G T O N EL I Z A B E T H & TA F T H I L L PR O S P E C T & TA F T H I L L AR R I V E MO U N T A I N & RE M I N G T O N 10:30 p 10:34 p 10:40 p 10:43 p 10:57 p 10:45 p 10:49 p 10:55 p 10:58 p 11:12 p 11:00 p 11:04 p 11:10 p 11:13 p 11:27 p 11:15 p 11:19 p 11:25 p 11:28 p 11:42 p 11:30 p 11:34 p 11:40 p 11:43 p 11:57 p 11:45 p 11:49 p 11:55 p 11:58 p 12:12 a 12:00 a 12:04 a 12:10 a 12:13 a 12:27 a 12:15 a 12:19 a 12:25 a 12:28 a 12:42 a 12:30 a 12:34 a 12:40 a 12:43 a 12:57 a 12:45 a 12:49 a 12:55 a 12:58 a 1:12 a 1:00 a 1:04 a 1:10 a 1:13 a 1:27 a 1:15 a 1:19 a 1:25 a 1:28 a 1:42 a 1:30 a 1:34 a 1:40 a 1:43 a 1:57 a 1:45 a 1:49 a 1:55 a 1:58 a 2:12 a 2:00 a 2:04 a 2:10 a 2:13 a 2:27 a 2:15 a 2:19 a 2:25 a 2:28 a 2:42 a 2:30 a 2:34 a ----- ----- ----- BUS STOP NUMBER GOLD Bus Route Time Point Bus Stop: Street intersection used for time schedule reference point listed at the top of the time columns to estimate bus arrival and trip times. Bus Stop 1 Connecting Routes Transit Center Landmarks: Government Building College/University School Library Shopping Museum Other Landmark Medical Facility DOWNTOWN LAUREL ELIZABETH PROSPECT COLLEGE Runs FRIDAY and SATURDAY Nights All Year Long EFFECTIVE 08/22/16 (MAP REVISED 08/15/22) EB SB PLUM MULBERRY LAUREL HO W E S SH E R W O O D WA S H I N G T O N LO O M I S RE M I N G T O N MA T H E W S ELIZABETH TA F T H I L L SH I E L D S OV E R L A N D PROSPECT CO L L E G E TI M B E R HI L L C R E S T PA L M LA R C H EV E R G R E E N UN D E R H I L L HE A T H E R I D G E SH E E L Y WH I T C O M B SK Y L I N E CO N S T I T U T I O N CI T Y P A R K WELLS FARGO LAKE MYRTLE LAKE ELIZABETH LOCUST PITKIN MAGNOLIA OLIVE MOUNTAIN GL E N M O O R SK Y L I N E RO C K Y R D FU Q U A CE N T R E MA S O N MA S O N CSUCampusWest KingSoopers Ram’sVillage WB NB N Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 126 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ROUTE CONFIGURATION GOLD LOOP Mountain & Remington R on Mathews R on Olive L on College R on Laurel L on Shields R on Plum R on ConsƟtuƟon R on Elizabeth L on Overland L on Prospect L on College R on Mountain Stop at Mountain & Remington Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 127 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ADA CALLED STOPS GOLD LOOP MOUNTAIN & REMINGTON COLLEGE & MULBERRY LAUREL & HOWES CONSTITUTION & ELIZABETH ELIZABETH & TAFT HILL ELIZABETH & OVERLAND PROSPECT & OVERLAND PROSPECT & FUQUA PROSPECT & TAFT HILL PROSPECT & SHIELDS COLLEGE & LAKE COLLEGE & MULBERRY (N OF) MOUNTAIN & REMINGTON Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 128 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 CSU FOOTHILLS CAMPUS EQUINE CENTER LAPORTE RAMPART EFFECTIVE 1/18/21 1 MAP LEGEND Bus Route Time Point Bus Stop: Street intersection used for time schedule reference point listed at the top of the time columns to estimate bus arrival and trip times. Bus Stop Connecting Routes Transit Center Landmarks: Government Building College/University Post Offic School Library Shopping Museum Other Landmark Medical Facility N LOOP 1694 543 554 1694 1653 1494 1694 DE P A R T EQ U I N E C E N T E R EL I Z A B E T H & OV E R L A N D ( E B ) EL I Z A B E T H & OV E R L A N D ( W B ) EQ U I N E C E N T E R CS U EN G I N E E R I N G RE S E A R C H C T R CS U JU D S O N H A R P E R CO M P L E X AR R I V E EQ U I N E C E N T E R 6:50 a 6:51 a 6:52 a 6:55 a 7:01 a 7:09 a 7:14 a 7:00 a 7:01 a 7:02 a 7:05 a 7:11 a 7:19 a 7:24 a 7:20 a 7:21 a 7:22 a 7:25 a 7:31 a 7:39 a 7:44 a 7:30 a 7:31 a 7:32 a 7:35 a 7:41 a 7:49 a 7:54 a 7:50 a 7:51 a 7:52 a 7:55 a 8:01 a 8:09 a 8:14 a 8:00 a 8:01 a 8:02 a 8:05 a 8:11 a 8:19 a 8:24 a 8:20 a 8:21 a 8:22 a 8:25 a 8:31 a 8:39 a 8:44 a 8:30 a 8:31 a 8:32 a 8:35 a 8:41 a 8:49 a 8:54 a 8:50 a 8:51 a 8:52 a 8:55 a 9:01 a 9:09 a 9:14 a 9:00 a 9:01 a 9:02 a 9:05 a 9:11 a 9:19 a 9:24 a 9:20 a 9:21 a 9:22 a 9:25 a 9:31 a 9:39 a 9:44 a 9:30 a 9:31 a 9:32 a 9:35 a 9:41 a 9:49 a 9:54 a 9:50 a 9:51 a 9:52 a 9:55 a 10:01 a 10:09 a 10:14 a 10:00 a 10:01 a 10:02 a 10:05 a 10:11 a 10:19 a 10:24 a 10:20 a 10:21 a 10:22 a 10:25 a 10:31 a 10:39 a 10:44 a 10:30 a 10:31 a 10:32 a 10:35 a 10:41 a 10:49 a 10:54 a 10:50 a 10:51 a 10:52 a 10:55 a 11:01 a 11:09 a 11:14 a 11:00 a 11:01 a 11:02 a 11:05 a 11:11 a 11:19 a 11:24 a 11:20 a 11:21 a 11:22 a 11:25 a 11:31 a 11:39 a 11:44 a 11:30 a 11:31 a 11:32 a 11:35 a 11:41 a 11:49 a 11:54 a 11:50 a 11:51 a 11:52 a 11:55 a 12:01 p 12:09 p 12:14 p 12:00 p 12:01 p 12:02 p 12:05 p 12:11 p 12:19 p 12:24 p 12:20 p 12:21 p 12:22 p 12:25 p 12:31 p 12:39 p 12:44 p 12:30 p 12:31 p 12:32 p 12:35 p 12:41 p 12:49 p 12:54 p 12:50 p 12:51 p 12:52 p 12:55 p 1:01 p 1:09 p 1:14 p 1:00 p 1:01 p 1:02 p 1:05 p 1:11 p 1:19 p 1:24 p 1:20 p 1:21 p 1:22 p 1:25 p 1:31 p 1:39 p 1:44 p 1:30 p 1:31 p 1:32 p 1:35 p 1:41 p 1:49 p 1:54 p 1:50 p 1:51 p 1:52 p 1:55 p 2:01 p 2:09 p 2:14 p 2:00 p 2:01 p 2:02 p 2:05 p 2:11 p 2:19 p 2:24 p 2:20 p 2:21 p 2:22 p 2:25 p 2:31 p 2:39 p 2:44 p 2:30 p 2:31 p 2:32 p 2:35 p 2:41 p 2:49 p 2:54 p 2:50 p 2:51 p 2:52 p 2:55 p 3:01 p 3:09 p 3:14 p 3:00 p 3:01 p 3:02 p 3:05 p 3:11 p 3:19 p 3:24 p 3:20 p 3:21 p 3:22 p 3:25 p 3:31 p 3:39 p 3:44 p 3:30 p 3:31 p 3:32 p 3:35 p 3:41 p 3:49 p 3:54 p 3:50 p 3:51 p 3:52 p 3:55 p 4:01 p 4:09 p 4:14 p 4:00 p 4:01 p 4:02 p 4:05 p 4:11 p 4:19 p 4:24 p 4:20 p 4:21 p 4:22 p 4:25 p 4:31 p 4:39 p 4:44 p 4:30 p 4:31 p 4:32 p 4:35 p 4:41 p 4:49 p 4:54 p 4:50 p 4:51 p 4:52 p 4:55 p 5:01 p 5:09 p 5:14 p 5:00 p 5:01 p 5:02 p 5:05 p 5:11 p 5:19 p 5:24 p 5:20 p 5:21 p 5:22 p 5:25 p 5:31 p 5:39 p 5:44 p 5:30 p 5:31 p 5:32 p 5:35 p 5:41 p 5:49 p 5:54 p 5:50 p 5:51 p 5:52 p 5:55 p 6:01 p 6:09 p 6:14 p 6:00 p 6:01 p 6:02 p 6:05 p 6:11 p 6:19 p 6:24 p BUS STOP NUMBER Runs MONDAY - FRIDAY year round (except CSU holidays) OV E R L A N D T R A I L 32 to CSU Main Campus 2 to CSU Main Campus CSU FoothillsCampus MULBERRY ELIZABETH LAPORTE RAMPART Atmospheric Sciences Equine Center National Wildlife Research Center Engineering Research Center Colorado State Forest Service ARBL Judson H. Harper Research Complex Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 129 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 FHS - 1 ROUTE CONFIGURATION RT FHS CAMPUS SHUTTLE LOOP EQUINE CENTER TURN AROUND AT END OF LAPORTE (USE ROUNDABOUT) THRU PARKING LOT TO S EXIT R ON DRIVEWAY TO ATMOS- PHERIC SCIENCE R ON OVERLAND STAY L ATMOSPHERIC BLDG L ON ELIZABETH LOOP THRU PARKING LOT R ON CUERTO R ON DRIVEWAY L ON TIERRA R ON LAPORTE ON TIERRA R ON OVERLAND L ON ELIZABETH R ON RAMPART R ON OVERLAND L INTO JUDSON HARPER COMPLEX L ON N ENTRANCE TO EQUINE CENTER U-TURN AT GATE HOUSE THRU PARKING LOT TO S. EXIT R ON RAMPART L ON OVERLAND R ON OVERLAND L ON LAPORTE R ON N ENTRANCE TO EQUINE CENTER Services&Agreement& RFP&9736&Contracted&Fixed&Route&Transit&Services& Page&130&of&156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 FHS - 2 ADA CALLED STOPS RT FHS CAMPUS SHUTTLE LOOP EQUINE CENTER ELIZABETH & OVERLAND (EB) ELIZABETH & OVERLAND (WB) EQUINE CENTER LAPORTE & FOREST SERVICE CSU—ENGINEERING RESEARCH CENTER CSU—ATMOSPHERIC SCIENCE RAMPART & EQUINE CSU—JUDSON HARPER COMPLEX EQUINE CENTER Services&Agreement& RFP&9736&Contracted&Fixed&Route&Transit&Services& Page&131&of&156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT S Fare Policy 2023 Preface Fares are not currently being collected for any Transport bus, including contracted fixed route busses. However, fares may be added at some time during the course of the contract period. Overview The City operates revenue fixed route transit service under an established fare policy guide. For the purposes of the contract, the following guidance has been developed and serves as an amendment to the current fare policy guide. While the City’s fare policy guide for general fixed route transit service is extensive, this fare policy is limited to the scope of the services performed by the Service Provider. SECTION 1 – Fare Collection Vehicles leased to the Service Provider will be outfitted with mechanical fareboxes. Service Provider drivers will collect a fare from all passengers boarding the bus for payment of services. Service Provider shall not require payment for services above what is listed in Table A: Fare Structure of this section. Although normal City fixed route bus service utilizes a multi-tiered fare structure which breaks out various tickets, passes, cash and other fare media, the services herein require adherence to the following fare structure: Gold Route Passenger Category and Fare Structure – No fare is collected for any passenger type on the Gold Route. Table A: Route 33 Passenger Category and Fare Structure FareType Cash Media Adult $1.25 -- Senior (60 yrs old+) $0.60 -- Disabled $0.60 -- Youth -- -- CSU -- -- Passes Accepted • Colorado State University RamCard (students, faculty & staff) • Adult Annual Pass • Annual Senior (60+) Pass Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 132 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT S Fare Policy • Annual Disabled and Medicare Pass • Youth (17 & younger) with Approved ID • 31 Day Pass • 7 Day Pass • Day Pass • Transfers Accepted *Exclusions As stated above, the City currently has multiple fare media including transfers, pre-paid passes, pre-paid tickets, fare exemptions, cross jurisdictional passes and other means of payment. Passenger trips under the contract shall only be provided if the fares listed in Tables A are collected. If Service Provider chooses to transport passengers who do not pay or are short fares, the Service Provider must record the rides and will be responsible for the fare. SECTION 2 – Ridership Reporting Service Provider will ensure that all passengers are counted upon boarding the vehicle. RideCheck Plus Tablets will be used to capture passengers boarding and alighting at each stop during a trip, these tablets are provided by the City. Fare categories will be captured manually by the driver and logs submitted monthly to the City. Passenger counts and fare reporting will adhere to the categories in Table A. *Any passengers allowed to ride by the Service Provider driver who do not present a fare or appropriate passes (Route 33 only) must still be counted within the appropriate fare type categories listed in this section. Passenger Classification In addition to passenger counting, Service Provider drivers will also count number of passengers with wheelchairs and passengers with bicycles who boarded. Counts for passengers with wheelchairs and bicycles will always be a secondary count to the actual passenger count. Note that classification is not a ridership count. Any classifications made will always have primary passenger count associated with the boarding. • Example of use of Wheelchair passenger classification: o Passenger with a wheelchair boards the vehicle and pays a $.50 disabled fare. o The driver would mark “1” for “Disabled” and “1” for “Wheelchair”. • Example of use of Bike passenger classification: Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 133 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT S Fare Policy o Passenger with a bicycle boards the vehicle and pays the fare o The driver would mark “1” for “Adult” and “1” for “Bike” SECTION 3 – Fare Reconciliation Fares and fare media collected by the Service Provider will become the property of the Service Provider for services rendered. In accordance with Exhibit A – Scope of Work of the contract, Service Provider will submit accurate ridership reports to the City by the 10th day of each month. As referenced in Section 1, regardless of actual fares collected, the City will subtract the appropriate fare for each fare type reported from the authorized charges allowed in the invoice. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 134 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT T Gold Service/Route 33 Ridership Report Passenger Count Passenger Classification Month/Year Route Vehicle Regular Disabled Senior Wheelchair Bicycle Contractor Supervisor Signature Date Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 135 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT U Gold Service/Route 33 Ridership Log INSTRUCTIONS:-Each driver will log their departure time of each trip. -Use denominator during trip to count ridership -At the completion of each trip, log the tally for that trip -Reset the denominator to 0 and log next departure time Service Date: Vehicle Number: Route: Passenger Count Passenger Classification Fare Types Departure Time Regular Disabled Senior Wheelchair Bicycle Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 136 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT V How To Announce Stops STOP ANNOUNCEMENTS Internal Announcements • Call street name only, not street type (ex: Elizabeth, not Elizabeth Street; Taft Hill, not Taft Hill Road) • Call stop only as listed; do not ad-lib in any way (adding to, abbreviating, changing order) • Stop announcements should be made one city-block length from the announced stop; o Announcements should not be made further away Ex. Immediately after departing the stop before o Closer to the stop Ex. Just before pulling up to it • On-board stop announcements must be made through an activated PA system, and audible in the back of the bus • For vehicles outfitted with PA system, if the system is not working properly, that vehicle should not go into service or, if it’s already in service, swapped out as soon as possible How to ANNOUNCE BUS STOPS • First, call the street the bus stop is on • Second, call the cross street • Third, call any other information listed for that bus stop o Ex: “Route 2 – Elizabeth & Taft Hill – King Soopers” How to ANNOUNCE TRANSIT CENTERS - Internally • Call transit center first o Do not abbreviate, say complete name • Call all routes that can be connected with at that transit center o Regardless of whether or not they are direct connections • If interlining, announce route you will depart as o Ex: “Downtown Transit Center – connections to routes 1,5,8,9,14,15,18,81 -- this bus will depart as route 15” Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 137 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 ATTACHMENT V How To Announce Stops ROUTE IDENTIFICATION External Announcements At any stop where any person is waiting: announcements must be made externally by coming to a complete stop and either: • Using external PA system (if equipped), or • Opening front door and announcing to people present at bus stop o Operator is not required to get out of seat, but must be loud enough to be heard outside At transit centers (after pulling in): announcements must be made externally by: • Using external PA system (if equipped), or • Securing bus, exiting bus and announcing route and new destination information to waiting passengers. o This should be done just after the bus arrives, before it departs, and at other times in between if the bus has a long layover (>20 minutes) How to IDENTIFY ROUTE • Call route • Call destination point o Ex: “Route 19 – Front Range Community College” Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 138 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 EXHIBIT B 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 139 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 EXHIBIT C 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 140 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 EXHIBIT D 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 141 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 EXHIBIT E 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 142 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 143 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 144 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. § Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 145 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 146 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 147 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 148 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 149 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 150 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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) Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 151 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 152 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 153 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 "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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 154 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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 Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 155 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Official Purchasing Document Last updated 1/2023 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. Services Agreement RFP 9736 Contracted Fixed Route Transit Services Page 156 of 156 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 05/04/2023 Lammel & Associates, LLC 1669 Kirby Parkway, Suite 201 Memphis, TN 38120 Joe Lammel (901)614-0100 jlammel@lammelassociates.com 00000152-1596404 20 WHC FTC, LLC DBA zTrip 4625 Town Center Dr. Colorado Springs, CO 80916 Paratransit Insurance Company, a Mutual Risk Rete 44130 A Y PG 1218 22 10/22/2022 10/22/2023 X *1,000,000 *$950,000 Combined Single Limit excess of a $50,000 Retained Limit per Accident. RE: City of Fort Collins, its officers, agents, and employees are included as Additional Insured with respect to the Automobile Liability policy as required by written contract. City of Fort Collins P.O Box 580 Fort Collins, CO 80522 (WJL) Printed by WJL on 05/04/2023 at 01:14PM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Policy # 2501046 Policy Name WHC FTC LLC NCCI # WC000313 06/21/2022 Insurer Cake Insure 7501 E. Lowry Blvd Denver, CO 80230 833.230.CAKE (2253) cakeinsure.com 1 of 3 COISB 7501 E. Lowry Blvd, Denver, CO 80230 833.230.CAKE (2253) support@cakeinsure.com Endorsement: Waiver Of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Effective Date: 06/21/2022 Pinnacol Assurance has issued this endorsement on 06/21/2022 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 Unless otherwise stated in the policy provisions, coverage in Colorado only. Excluded from coverage: William George; Transfort Services support@cakeinsure.com Pinnacol Assurance 41190 WHC FTC LLC 1833 E Mulberry Street Unit C/D Fort Collins, Colorado 80524 Cake Insure 7501 E. Lowry Blvd Denver, CO 80230 A Y X 500000 500000 500000 Y 2501046 06/21/2022 06/21/2023 City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 6/21/2022 Cake Insure DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 2501046 CERTIFICATE HOLDER COPY IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon. City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/4/2023 Twin Lakes Insurance Agency PO Box 970 Lees Summit MO 64063 Sue Falter 816-525-2125 816-525-4049 info@twinlakesins.com Maxum Indemnity Company WHCFTCL-01 WHC FTC,LLC dba zTrip 1300 Lydia Kansas City MO 64106 691653867 A X 1,000,000 X 500,000 5,000 1,000,000 2,000,000 X Y BDG304862202 6/13/2022 6/13/2023 2,000,000 A Property BDG304862202 6/13/2022 6/13/2023 The Certificate Holder and all other parties required under a written contract are named as additional insured with respects to liability. City of Fort Collins Craig Dublin PO Box 580 Fort Collins CO 80522 USA DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/14/2023 Twin Lakes Insurance Agency PO Box 970 Lees Summit MO 64063 Sue Falter 816-525-2125 816-525-4049 info@twinlakesins.com Maxum Indemnity Company WHCFTCL-01 MAXUM IND CO 26743WHCFTC,LLC dba zTrip 1300 Lydia Kansas City MO 64106 1640650893 B X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 Y BDG304862203 6/13/2023 6/13/2024 2,000,000 A Property BDG304862203 6/13/2023 6/13/2024 The Certificate Holder and all other parties required under a written contract are named as additional insured with respects to liability. City of Fort Collins Craig Dublin PO Box 580 Fort Collins CO 80522 USA DocuSign Envelope ID: 5158E255-569A-4E1B-B893-91BAE5D1FF89