HomeMy WebLinkAboutRFP - 9946 Transfort Innovation Zones, Optimization, and Action PlanRFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 1 of 57
REQUEST FOR PROPOSAL
9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN
RFP DUE: 3:00 PM MT (Mountain Time), May 3,2024
The City of Fort Collins is requesting proposals from qualified firms to assist staff in the creation
of a comprehensive plan to assess available resources and determine the most optimal way to
deliver transit service to the community with the intent to return ridership to pre-COVID levels and
implement new services as outlined in the Transit Master Plan including specific planning for
micro-transit.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 1:00 MT on April 9, 2024. The pre-proposal meeting
will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your
browser for access to the meeting. Please be prepared to announce your name and mute your
microphone:
Join the meeting now
Meeting ID: 247 945 246 495 Passcode: yCvw92
Alternatively, the pre-proposal meeting can be accessed via phone at the call-in number and
conference ID below. This option will only allow you to hear the audio presentation.
Call-in number: 1-970-628-0892
Conference ID: 937 016 169#
All questions should be submitted, in writing via email, to Dennis Ralph, Senior Buyer at
dralph@fcgov.com, with a copy to Seth Lorson, Project Manager, at slorson@fcgov.com,
no later than 3:00 PM MT on April 15, 2024. Please format your e-mail to include: 9946
TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN in the subject line.
Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
91800 CONSULTING SERVICES
91832 Consulting Services (Not Otherwise Classified)
91849 Finance/Economics Consulting
91858 Governmental Consulting
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 2 of 57
91896 Transportation Consulting
95891 Transit Management Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Service Providers may
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Service Providers may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. All pricing will be considered public records subject to
disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC
VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a
waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal
or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by CORA, by
order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade
secrets, confidential commercial information and financial data information may not be disclosed
by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Service Provider hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions and pricing of any
contract resulting from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 3 of 57
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Provider shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 4 of 57
I. BACKGROUND AND OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified firms to assist staff in the
creation of a comprehensive plan to assess available resources and determine the most
optimal way to deliver transit service to the community with the intent to return ridership to
pre-COVID levels and implement new services as outlined in the Transit Master Plan including
specific planning for micro-transit.
The successful Service Provider or team will be motivated to work with staff, community
members, and elected officials on a multi-disciplinary planning effort and will have expertise
in the following areas:
• Transit service development
• Transit service development software
• Transit agency funding and management
• Transit bus operator scheduling practices
• Transit agency operations
• COVID recovery
• Micro-transit and paratransit
• Micro-transit implementation and integration
• Fleet electrification
• Transit maintenance and facilities
• Transit staff recruitment and retention
• Experience in transit service implementation
• Equity and equitable public participation and communication
City staff will provide overall project management. The Service Provider will develop the plan,
collaborate with stakeholders, and provide focused specialized expertise, experience, and
production capacity.
The plan process is scheduled to occur over 12 months, starting in Q2 2024. A successful
team may have an opportunity to extend the contract to advise implementation in the future.
B. Purpose
The planning effort will be two-fold: 1) analyze and propose a new on-demand micro-transit
system for Transfort, and 2) evaluate and acknowledge Transfort’s existing resources and
compare to national best practices to develop a five-to-10-year strategic plan to optimize
existing resources to implement priorities (including micro-transit) outlined in the Transit
Master Plan (TMP) and confirmed in this plan.
The TMP was adopted in 2019 and based on the success of the MAX Bus Rapid Transit
(BRT) route, the plan expands on corridor-based, high-frequency transit and includes a
vision for mobility hubs and Innovation Zones that provide on-demand micro-transit service.
In 2023, Transfort completed a fare and funding study providing a detailed and updated
overview of current funding and funding needs for implementing 2040 recommendations in
the TMP. The study included recommendations for a fare-free system. Transfort is still
currently fare-free as a continuation of COVID policies however, it is still undecided whether
Transfort will re-implement fares or remain fare-free in the long term. Additionally, the study
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determined a ~Ten Million ($10M) funding shortfall to be able to build out the
recommendations in the TMP by 2040. Also, the citizens of Fort Collins voted to assess a ¼
cent sales tax to expand and support transit beginning in 2024. These plans, and a few
subsidiary plans, will be instrumental in evaluating our movement forward into the future.
Transfort service and ridership peaked in 2019 and have since been struggling to recover
from the COVID19 pandemic. A great deal of focus and energy has gone to bus operator
recruiting and retention. However, greater system issues such as resilient and sustainable
staffing practices, re-gaining community trust, and questions about existing service levels
and optimal service structure (given existing resources) have challenged recovery.
This planning effort will evaluate the current system and compare it against the future vision
and industry best practices. The effort will include community engagement to confirm the
vision in the TMP, discuss trade-offs, communicate about the tax initiative, focus on
removing access barriers (equitable transit), and prioritize improvements to the system. Plan
recommendations will be detailed with funding information and prioritized next steps while
being mindful of long-term goals.
C. Background
In 2019, Transfort was one of the few transit agencies in the country with growing ridership.
Because of the system’s success, the Transit Master Plan recommended doubling service
by 2040 primarily by increasing frequency and adding new technologies through Innovation
Zones such as on-demand micro-transit, and mobility hubs. However, COVID had a
dramatic impact on Transfort: reduced ridership, service and staffing levels. In 2019,
Transfort operated 23 fixed routes with 109 operators and 4.4M in riders. The immediate
impact of the pandemic was the total suspension of 9 routes, frequency reductions in an
additional 5 routes and a 75% drop in ridership from the previous year. Since then, Transfort
has gradually returned to 72% of service and 50% of ridership from pre-pandemic levels as
of late 2023. Like many agencies, Transfort has also seen challenges in staffing, particularly
in the area of retention and recruitment. While no operators were laid off as a direct
response to COVID, staffing levels declined in the following years to as low as 72% of pre-
pandemic levels due to a variety and combination of factors common across the nation.
Transfort has since implemented mitigating efforts, including improved recruitment, and
training, re-evaluating pay levels, increasing the total number of full-time classifications and
improving work scheduling to return the number of currently employed operators to 95.
These changes to scheduling practices offer more stable and consistent schedules to bus
operators and result in the need for more operators to be able to offer pre-pandemic service
levels.
While the pandemic severely reduced Transfort’s service and ridership, planning
commenced. And, although none of the TMP has been implemented yet, plans have been
created for BRT on West Elizabeth, BRT-like service on North College, and a mobility hub
plan may be beginning in 2024. This recovery and optimization plan effort will work closely
with the other ongoing efforts to ensure seamless implementation.
D. Project Administration
Initially, this project began as two separate projects: Transfort Optimization and Action Plan,
and Innovation Zones (micro-transit) Plan. Realizing close collaboration between these
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efforts is vital to the success of both, we decided to combine them. The optimization and
action plan seeks to explore Transfort’s resources, operational details, and forge a clear 5–
10-year roadmap for implementing its future vision. Micro-transit is a major new service
envisioned in the TMP and the new service details need to be included in the roadmap.
Funding sources for the two elements of this effort are from different sources and therefore
separate billing will be required.
A successful proposal will seamlessly combine the two elements of this project while clearly
showing work hours dedicated to each. There are many efficiencies to be realized with
combining the efforts, such as outreach with the community and City boards/commissions,
staff management team, existing conditions and summarizing relevant plans, scenario
creation, and overall recommendations. The following scope of work delineates many tasks
unique to Innovation Zones and transit optimization that will each need its own close
attention.
The City of Fort Collins will provide principal project managers as well as a management
team to assist in guidance and assure alignment with the greater organization. Regular
meetings, project schedule, and other advisory teams such as a technical advisory
committee (TAC) will be coordinated with the successful applicant during the work plan
phase.
II. SCOPE OF PROPOSAL
A. Scope of Work
Phase I – Project Work Plan and Kick-Off
The first phase will be to develop and refine a work plan and public involvement plan to
guide this plan effort. The public involvement plan is vital to the success of the project and
will need to remain fluid throughout the process to ensure thoughtful community
engagement. Each task below should include, at a minimum, the following:
Task 1: Detailed Work Plan
The work plan will serve as a guide to the planning process but must remain flexible as
all needs in a project like this cannot be fully anticipated. Any changes to the work plan
will be discussed between the selected Service Provider and City staff. Creation of the
initial work plan will include a comprehensive meeting with the chosen Service Provider
and the city management team. The work plan should include, at a minimum, the
following:
• Identify project goals and objectives
• Refine scope of work with detailed tasks and levels of detail specific to both
transit optimization and Innovation Zones
• Detailed schedule identifying key milestones and deliverables for each task
• Staffing plan which identifies Service Provider and City staff roles
Task 2: Public Involvement Plan (PIP)
The Fort Collins community recently voted to dedicate a ¼ cent sales tax to support and
grow the transit system and the vision for this investment will be discussed. Confirming
the goals and objectives in the Transit Master Plan, proposing new micro-transit service,
discussing trade-offs, prioritization of improvements, and identifying processes for route
development will inform the plan’s recommendations. Plan phases below identify
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necessary tasks to include community involvement. The PIP will include, at a minimum,
the following:
• Stakeholder identification, including but not limited to:
o Transit-dependent populations
o Transit/Active Modes/Sustainability advocates
o Business representatives
o City boards and commissions
o Community at-large
o Underserved community members
o Colorado State University
• Equity – goal statement to engage and plan for an equitable project with means
and methods for achieving said goal. Goal statement related to equitable
engagement outreach and engagement with means and methods that results in
equitable outcomes.
• Establish a Technical Advisory Committee (TAC)
• Public Involvement Plan Objectives:
o Explain project goals, scope, process, and purpose
o Provide information about current conditions, challenges, and TMP goals
o Confirm TMP goals, gather feedback on scenarios and trade-offs, and
prioritize system growth by identifying criteria for system development
decisions
o Disseminate recommendations
• Engagement timeline:
o Engagement strategy for each phase: from general information about the
process to active engagement with the community and targeted
stakeholders
o City Council presentations
o City boards and commissions presentations
o Community groups
• Identify methods for community involvement and strategies for use:
o In-person meetings and materials
o Virtual meetings and materials
o Online engagement and feedback mechanisms
o Social media advertising and information
o Physical hand-outs and boards for events
Task 3: Kick-Off Meeting
The kick-off meeting will consist of a combination of Management Team members,
possible TAC members, and stakeholders. The work plan and public involvement plan
will be presented, and strategies confirmed with the group.
Deliverables:
• Public Involvement Plan (PIP)
• Detailed Scope of Work and Timeline
• Kick-Off Meeting with notes and necessary revisions to Work Plan and PIP
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Phase II – Best Practices and Literature Review
Every transit agency in the country lost ridership and experienced challenges during the
pandemic. And, many have since implemented micro-transit to address community needs. This
phase will provide information about similar-sized transit agencies in peer communities (college
towns with similar demographics) that have successfully recovered, other strategies to bring
back service, introduce and evaluate micro-transit service, and examples of successful system
transitions to implement planned changes.
Task 1: Transfort Optimization and Action Plan: Identify transit agencies who have
successfully recovered from the pandemic and illustrate best practices with service
development
Once the transit agencies have been identified, thorough information shall be collected
including but not limited to the following:
• Agency characteristics
o Services provided:
Fixed route
Micro-transit
BRT/high-frequency
o Service development system
Software evaluation with an eye toward efficiency and agility for
change.
• Internal software for route modeling and evaluation
• External software for online and mobile device users
Process for introducing or removing a new transit route.
• Public process
• Internal process
• Criteria for decision-making
Collaboration with long-range planning
• Processes
o Bus operators
Turnover and retention
Recruitment
o Staff
Staff to service hour ratio
Organizational structure
o Dispatch and scheduling
Processes related to service development
• Ridership characteristics
• Introduction of new services (implementing plans)
o Transition from coverage to productive
o Micro-transit
• Recovery-specific actions taken
o Lessons learned
Interviews with agency representatives
Task 2: Innovation Zone Plan: Literature Review and Best Practices
The purpose of this task is to 1) identify and document the existing literature, and best
practices related to micro-transit service and Mobility as a Service (MaaS) applications
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 9 of 57
relevant to Fort Collins. Conduct a comprehensive review of identified resources to help
inform the development of the plan.
• Review existing micro-transit planning efforts from comparable cities
• Identify key metrics for micro-transit systems currently used by other agencies
• Identify various micro-transit service configurations currently in use
• Document successes and failures from other agencies related to micro-transit
deployments
• Identify existing micro-transit fleet compositions as well as best practices and use
cases for various vehicle types (traditional, electric, automated)
• Identify best practices related to integrating micro-transit into existing fixed-route
and paratransit offerings
• Identify best practices for partnering with TNCs to complement micro-transit
service
• Identify existing MaaS applications that ideally incorporate fixed-route, micro-
transit, micromobility, and TNCs
When possible, identify the underlying software elements that part of the
MaaS integration (ticketing, payment, scheduling, applications)
Deliverables:
• Best practices and recovery report for Transfort Optimization and Action Plan
• Best practices and literature report for Innovation Zone Plan
Phase III – Background and Current Conditions
This phase will provide a complete understanding of all the existing challenges with returning to
service, bringing back ridership, and resource limitations. It will also include a review of
Transfort’s service development processes, intra- and inter-departmental collaboration, an
updated funding picture, and efforts to implement new services as outlined in the TMP.
Task 1: Agency review 2019-2024
This task will review data and conduct several interviews with staff that will be identified
in Phase 1. The agency review will provide detailed information on, at a minimum, the
following:
• Transit service characteristics
o Ridership
o Routes
o Bus operators
• Administration and staffing
o Service development
Review and assess existing service development process:
• Timeline
• Public process
• Internal process
• Criteria for decision-making
Software evaluation with an eye toward efficiency and agility for
change.
• Internal software for route modeling and evaluation
• External software for online and mobile device users
Federal compliance requirements
o Dispatch and scheduling
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Processes and best practices for desirable bus operator
scheduling
o Review staffing levels
Staff to service hour ratios and formula for future service
expansions
• Funding
o 2023 Transit Funding Study
Summary of existing resources including budget, fleet size,
available facilities, staffing levels
o 2050 ¼ cent sales tax initiative
Integrate into funding study summary for future revenue
• Transfort recovery efforts
o Successes
o Challenges
• Summarize relevant sections of plans guiding Transfort priorities
o City Plan (2019)
o Transit Master Plan (2019)
o North College MAX Plan (2023)
o West Elizabeth BRT Corridor Plan (2023)
o Zero Emission Bus Transition Plan (2022)
o Innovation Zone Plan (in-progress)
o TMF Needs Assessment (in-progress)
o 15-Minute City Analysis
o Equity Plan
• Progress on, and roadblocks to, implementing existing plans
Task 2: Compare and contrast best practices learned in Phase II to Transfort’s current
condition
The analysis should include, at a minimum, the following:
• Service characteristics
• Staff and administration
• Processes
• Technology
• Funding
• Recovery and change
Task 3: Identify preliminary recommendations for Transfort based on analysis in Task 2
Deliverables:
• A summary of Transfort in 2024
o Detailed appendix
o Comparison with best practices
• Preliminary recommendations for recovery that can be achieved with existing resources
Phase IV – Innovation Zone Discovery and Analysis
This phase will evaluate and identify opportunities to implement micro-transit. Micro-transit
zones will be refined, fleet assessment, and service modeling will prepare for informed public
engagement and full system scenario creation.
Task 1: Innovation Zone Goals, Objectives, and Vision
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The purpose of this task is to engage stakeholders and the community to develop
goals, objectives, and vision for the Innovation Zone Plan
• Hold initial working group meeting to review existing conditions, develop
goals, objectives, and vision for Innovation Zones.
• Review and finalize the goals, objectives, and vision with the TAC.
Task 2: Innovation Zone Boundary Assessment
This task will evaluate the potential service area that the micro-transit service will
operate within. Considerations such as existing transit service, access to
essential services, access to employment, access to medical facilities, and other
key destinations as identified by the community and stakeholders should be
included in this analysis.
• Evaluate the innovation zone service area concept as proposed in the Transit
Master Plan (zone based) and refine recommended zones.
• Evaluate the feasibility of providing micro-transit service to all areas within
city limits or the growth management boundary (no fixed zones).
• Compare the implications for trip length and micro-transit service coverage
for each boundary scenario
Task 3: Service Design and Fleet Assessment
This task will identify the preferred service levels of the micro-transit service and
corresponding fleet composition needed. The resulting recommendations should
include low, medium, and high level of service scenarios.
• Hours of operation (hours per day, days per week) for the micro-transit
service
• Door-to-door versus curb-to-curb (virtual stops) service
• Maximum acceptable wait times (up to 15 minutes, up to 30 minutes, etc.)
• Determine the fleet composition and provide financial analysis for various
vehicle types
Wheelchair accessible vehicles
Electric vehicles and other alternative fuels
Automated vehicles
Vehicle capability to hold personal micromobility devices (bicycles,
scooters, ect)
• Evaluate the total costs of each service design scenario and the implications
for a fare-based service versus fare-free service
Explore the feasibility of fare-free service for income qualified
residents
• Evaluate the possibility and implications of replacing low performing fixed-
route service with micro-transit
• Evaluate the integration of micro-transit with fixed-route service.
• Evaluate the feasibility of providing tailored service for paratransit eligible
residents, either augmenting or replacing dial-a-ride service
• Review various scenarios with stakeholders and the TAC to garner initial
receptiveness to concepts
• Evaluate the provision of service by Transfort versus a third-party provider.
Task 4: Mobility as a Service Assessment
This task will evaluate the benefits and costs to implementing a Mobility as a
Service (MaaS) application to be used as the primary booking and trip planning
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application for micro-transit service and other mobility offerings. Mobility services
to be considered for integration into a singular MaaS trip planning application
include fixed-route transit (Transfort, regional service), micro-transit,
micromobility (Spin), and transportation network companies (Uber, Lyft).
• Evaluate upfront cost to integrate each mobility service into a MaaS
application
• Evaluate annual cost to operate the application and identify potential
funding sources
• Evaluate the potential benefit to implementing MaaS compared to
utilizing existing mobility applications
• Explore the possibility for user profiles to access unique features
Paratransit eligible users can access door-to-door service and
extended trip lengths
Income qualified users can access fare-free or reduced cost
services
Employer based incentive programs for various mobility
services
Education related transportation subsidy for PSD, FRCC, and
CSU students
• Evaluate equity considerations related to accessing MaaS services
Unbanked population
Users with limited or no access to a smartphone
Multilingual access
Deliverables:
• Innovation Zone Service and Technology Alternatives
Phase V – Vision and Prioritization Engagement
Phase five will be a highly engaging phase where the project team will walk community
members and stakeholders through the current conditions, existing plans, and vision for growth.
Engagement with the community and stakeholders will be outlined in the Public Involvement
Plan (PIP) as determined in Phase 1.
Task 1: Create material to present and engage with the community and stakeholders:
Vision for Transfort
Material should engage the community in an equitable and convenient way. It shall
include but not be limited to in-person presentations with feedback mechanisms, online
presentations with feedback mechanisms, social media engagement, and physical
material such as handouts and boards. Key engagement documents should be
translated into Spanish and any in-person presentations shall include plan for language
interpretation for participants who have Limited English Proficiency. Topics included in
the material will be as follows:
• TMP principles: Confirm direction from the Transit Master Plan
o High-frequency corridor-based transit
o Innovation Zones (micro-transit)
o Mobility Hubs (multi-modal connections)
• Other transit plans contributing to the following priorities:
o West Elizabeth
o North College
o Electrification
o Micro-transit
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o Facilities
• Current conditions and preliminary recommendations for recovery
o Summarize Phase II
• Scenarios and trade-offs
o Summarize Phase III
• Innovation Zones discovery and analysis
o Summarize Phase IV
• Service development process for introducing new or removing old routes to detail
out the following for discussion:
o Analysis and preliminary recommendations
o Creating criteria for decision-making. This portion will be to introduce the
following criteria and understand community needs for service
development:
• Ridership (getting people out of cars – environmental benefits)
• Equity (providing convenient transportation access for traditionally
underserved communities)
• Stewardship (wisely using community resources and implement-
ability)
• Existing plans (pre-community vetted direction for next steps)
o Engagement and transparency
Task 2: Engage community and stakeholders as outlined in the PIP
This task will include, at a minimum, the following elements:
• Create a website or equivalent online homebase for the effort (this task will be
completed in Phase I)
• Advertise for engagement events and online opportunities for feedback
• Present material and garner feedback at events, meetings, and City boards and
commissions
• Provide a feedback loop for questions and responses
• Create an FAQ document to post online
• Post online background material from past projects in initial phases
Task 3: Summarize all feedback
Summary should be created to be public-facing with the following characteristics:
• Graphically engaging
• Easy to understand
• Clear direction
• Spanish-language version
Deliverables:
• Material for engagement
• Summary of feedback
Phase VI – Scenarios and Trade-Offs
Based on priorities identified in Phase V, this phase will create scenarios for system growth
along a spectrum of aggressive to cautious. Each scenario will detail specific routes to grow or
increase in frequency and illustrate the trade-offs necessary due to constrained resources.
Task 1: Scenario creation
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Each scenario, ranging from aggressive to cautious, will propose a 10-year growth
trajectory based on the priorities identified by the community and the TMP principles of
high-frequency transit (increased transit riders), Innovation Zones (equity for those
unable to easily access a high-frequency route), and Mobility Hubs (providing
connections between various travel modes). Each scenario will include the following
elements:
• TMP principles:
o High-frequency corridor-based transit
Specific corridors and routes to be served by high-frequency
Improvements such as new bus stops/stations, guideways, queue
jump lanes, Bus Access Transit (BAT) lanes,
o Innovation Zones (micro-transit)
Addition of micro-transit to certain areas of town as outlined in
Phase IV & V
o Mobility Hubs (multi-modal connections)
Targeted mobility hubs to compliment new services of high-
frequency transit and micro-transit
Size and amenities included in each hub
• 2050 sales tax alignment and ROI narrative
• Staffing needs to support each scenario
• Facility needs including but not limited to:
o Rolling stock
o Maintenance and storage (new transit maintenance facility?)
o Electric vehicle charging
• Phased approach to improvements over 10 years with the following information:
o Trade-offs for each scenario to include:
Alterations in service to provide new services. All scenarios
proposed shall include:
• Route frequency
• Route span
Fiscal constraints and alternatives:
• Based on the Funding Study and updates for the tax
initiative
• Limit physical improvements but focus on increased
frequency
• Limit physical improvements and service improvements
and focus on internal infrastructure and resources
• Return on investment (ROI)
Outline basic principles for decision making beginning with the
following:
• Ridership (getting people out of cars – environmental
benefits)
• Equity (providing convenient transportation access for
traditionally underserved communities)
• Stewardship (wisely using community resources)
o Pros and cons for each scenario considering:
Principles for decision-making
Fiscal constraints and ROI
Trade-offs
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 15 of 57
Task 2: Create outreach materials for presenting and discussing the scenarios
Specific outreach materials will be outlined in the PIP.
Task 3: Test scenarios with Technical Advisory Committee (TAC)
Create a succinct presentation outlining the various scenarios and trade-offs. Present to
and engage with the TAC. Garner feedback and revise accordingly prior to public
outreach.
Deliverables:
• Detailed scenario development document
• Public outreach material including presentation, online survey tools, and feedback
mechanisms
Phase VII – Recommendations and Engagement
Drawing from the first five phases, recommendations will be precise and detailed. These
recommendations will forge a clear roadmap forward for recovery and growth of Transfort.
Feedback from Phase V & VII shall clearly inform the final recommendations. The final
recommendations shall be implementable without additional resources unidentified throughout
this process.
Task 1: Innovation Zones Implementation Plan
This task will develop budget, schedule, potential funding sources, technology needs,
marketing plan and staffing recommendations for implementation. Recommendations for
various scenarios and phasing should be included based on factors including community
and stakeholder input, funding availability, and equity considerations. The
Implementation Plan should include detailed recommendations for all alternatives with
appendices as needed.
• Low, medium, and high levels of service scenarios
• Fare-based versus fare-free
• Recommended implementation phasing (pilot, 1 zone, 2 zones, etc) with a strong
emphasis on prioritizing equity
• MaaS implementation strategies including projected costs, potential providers,
and mobility offerings to be integrated
• Comprehensive list of potential funding sources that can be leveraged for
innovations zones and MaaS
Task 2: Create engagement material to present scenarios, recommendations, and
Innovation Zone implementation plan
Material will outline information to date in similar form to those created in Phase V.
Recommendations should follow a logical process order of factual information, goals and
priorities, feedback, and revisions.
Task 3: Engage with same community and stakeholders as in Phase V
Engagement in this phase will be to follow-up with those engaged in Phase V. This
engagement will present an overview of scenarios and methods for determining
recommendations. It will present recommendations which clearly outline a process for
improvement and growing Transfort Service. It will show the full plan process, feedback
from engagement, and incorporation of feedback into final recommendations. This round
of engagement will be conducted as outlined in the PIP.
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 16 of 57
Task 3: Final recommendations
The final recommendations document will provide clear and concise direction for
Transfort to recover and grow over the next 10 years. The final recommendations will
include, but are not limited to, the following:
• Transit service growth
• Micro-transit implementation
• Staff needed to implement and operate service recommendations
• Sustainable schedules for bus operators
• Investment in rolling stock, facilities, and infrastructure
• Service development procedures to increase efficiency, agility, and transparency
• Resilience to avoid future pitfalls
• Software and technology needs
Deliverables:
• Innovation Zone Implementation Plan
• Summary of feedback
• Final Innovation Zone, Optimization, and Action Plan
B. Deliverables/Milestones
SUMMARY OF DELIVERABLES
Phase Deliverable
I. Work Plan and Kick-Off
• Public Involvement Plan (PIP)
• Detailed Scope of Work and
Timeline
• Kick-Off Meeting with notes and
necessary revisions to Work Plan and PIP
II. Best Practices and Recovery
Successes
• Best practices and recovery
report for Transit Optimization and Action
Plan
• Best practices and literature report
for Innovation Zone Plan
III. Background and Current
Conditions
• A succinct summary of Transfort in
2024
• Detailed appendix
• Comparison with best practices
• Preliminary recommendations for
recovery
IV. Innovation Zones Discovery and
Analysis
• Innovation Zone Service and
Technology Alternatives
V. Vision and Prioritization
Engagement
• Material for engagement
• Summary of feedback
VI. Scenarios and Trade-Offs
• Detailed scenario development
document
• Public outreach material including
presentation, online survey tools, and
feedback mechanisms
VII. Recommendations and
Engagement
• Innovation Zone Implementation Plan
• Summary of feedback
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 17 of 57
• Final Recovery, Optimization, and
Action Plan
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: April 4, 2024
• Pre-Proposal Meeting: 1:00 MT on April 9, 2024
• Question deadline: 3:00 PM MT on April 16, 2024
• Final Addendum Issued: 3:00 PM MT April 25, 2024
• Proposal due date: 3:00 PM MT on May 3, 2024
• Interviews (tentative): Week of May 20th, 2024
• Award of Contract (tentative): Week of June 3, 2024
D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
E. Travel & Expenses
Subject to the terms of the applicable Agreement, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Service Provider/Consultant will
be required to provide original receipts to the City for all travel expenses.
F. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
G. Financial Qualifications (CONFIDENTIAL)
Service Providers selected as finalists may be required to submit a banking reference and
the most recent financial statement (audited preferred) including balance sheet and
income statement, as well as a statement of cash flows (the “Financial Information”).
H. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 18 of 57
I. 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.
J. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Service Provider each month
following the submittal of a correct invoice by the Service Provider indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 19 of 57
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
7. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Is the project team available to attend meetings as required by the Scope of Work?
10. Provide an outline of the schedule for completing tasks.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. The résumés shall include at least three individual references from
previous assignments.
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 20 of 57
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Service Provider
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
5. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 21 of 57
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title
and employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for the Scope of Proposal. Price all additional
services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. Include a per
meeting rate in the event additional meetings are needed. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. Service
Provider/Consultant will be required to provide original receipts to the City for all travel
expenses.
5. Federal procurement requirements reimbursement of time and materials contracts as
follows:
• The actual cost of materials; and
• Direct labor hours charged at fixed hourly rates that reflect wages, general and
administrative expenses, and profit
Each Work Order awarded will include a not-to-exceed ceiling price that the Service
Provider exceeds at its own risk. Changes in scope will be negotiated and if applicable
Work Orders may be amended solely to address scope changes.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 22 of 57
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview
session. At the discretion of the City, interviews of the top-rated Service Providers may
be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an understanding
of the project objectives, methodology to be used
and results/outcomes required by the
project? Are there any exceptions to the
specifications, Scope of Work, or agreement? Can
the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available to
assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
3.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do previous projects demonstrate
experience and understanding of the subject
matter for the proposed project? Do the persons
who will be working on the project have the
necessary skills and qualifications? Are sufficient
people of the requisite skills and qualifications
assigned to the project?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 23 of 57
2.0 Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and are
the line-item costs competitive? Do the proposed
cost and work hours compare favorably with the
Project Manager's estimate? Are the work hours
presented reasonable for the effort required by
each project task or phase?
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 24 of 57
V. ACKNOWLEDGEMENT
Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP 9946 TRANSFORT INNOVATION ZONES,
OPTIMIZATION, AND ACTION PLAN and sample Agreement except as otherwise noted.
Additionally, Service Provider hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If the contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
RFP 9946 TRANSFORT INNOVATION ZONES, OPTIMIZATION, AND ACTION PLAN Page 25 of 57
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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ATTACHMENTS
Attachment 1: Certification Regarding Lobbying (MUST BE SUBMITTED
WITHPROPOSAL)
Attachment 2: Sample Agreement
Attachment 3: Federal Transit Administration – Federally Required and Other
Model Contract Clauses
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ATTACHMENT 1 (MUST BE COMPLETE AND INCLUDED WITH PROPOSAL)
CERTIFICATION REGARDING LOBBYING
LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
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for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
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ATTACHMENT 2
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , a(n) (ENTER STATE) Corporation, hereinafter referred
to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders agreed
upon in writing by the parties from time to time. Such Work Orders, a sample of which
is attached hereto as Exhibit A, consisting of one (1) page, and incorporated herein by
this reference, shall include a description of the services to be performed, the location
and time for performance, the amount of payment, any materials to be supplied by the
City and any other special circumstances relating to the performance of services. No
Work Order shall exceed $ . A general scope of services is attached hereto as
Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A to certain named third parties, Service Provider shall be solely
responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a sample
of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated
herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
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3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence , 2023, and shall continue in full
force and effect until , 2024, unless sooner terminated as herein provided. In addition,
at the option of the City, the Agreement may be extended for additional one year periods
not to exceed four (4) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties only at the time of renewal. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of
such condition.
6. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Service Provider shall submit a final
invoice within ten (10) days of the effective date of termination. Undisputed invoices shall
be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
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8. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
The initial City Representative for this agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The Representative is subject to change by the City.
9. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
10. Payments.
The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
, consisting of ( ) page(s), and incorporated herein by this reference.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative.
The cost of the work completed shall be paid to the Service Provider following the
submittal of a correct itemized invoice by the Service Provider. The City is exempt from
sales and use tax. The City’s Certificate of Exemption license number is 09804502. A
copy of the license is available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
11. 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.
12. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
13. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
subsequent Work Orders 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
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the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
14. 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.
15. 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 under the Agreement or
of any cause of action arising out of the performance of this Agreement.
16. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
17. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default thereof.
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18. 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.
19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this
Agreement affirms that they have the necessary authority to sign on behalf of their
respective party and to bind such party to the terms of this Agreement.
20. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder shall deliver
to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort
Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. 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
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holding shall not invalidate or render unenforceable any other provision of this Agreement.
22. Utilization by Other Agencies. [Optional] The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts
to 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.
23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to
2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
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.
24. 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.
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25. 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.
26. Dust Control. [Optional] The Service Provider shall abide by the City of Fort Collins “Dust
Control and Prevention Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated
herein by this reference. The City of Fort Collins has implemented this manual for all projects
performed for the City of Fort Collins or located within the City of Fort Collins city limits.
27. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics,
incendiarism, interference by civil or military authorities, compliance with regulations or
orders of military authorities, and acts of war (declared or undeclared), provided such cause
could not have been reasonably foreseen and guarded against by the defaulting
Party. Force majeure shall not include increases in labor, commodity, utility, material,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Consultant must provide written
notice to the City of such condition within ten (10) days from the onset of such condition.
28. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of
one (1) page, attached hereto and incorporated herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of ( ) page(s) are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Service Provider
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, City Representative
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: Service Provider's Name
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: Service Provider
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, City Representative
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT C
GENERAL SCOPE OF SERVICES
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EXHIBIT
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Service Provider 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during
the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement. Workers' Compensation & Employer’s Liability insurance
shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement
such General Liability as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for General
Liability, shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
such Automobile Liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of insurance
for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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ATTACHMENT 3
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the sub-contractor who will be subject to it
provisions.
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
1. For a period of three years following Contract closing, the Contractor and its
subcontractors shall maintain, preserve and make available to the City, the FTA
Administrator, the Comptroller General of the United States, and any of their authorized
representatives, access at all reasonable times to any books, documents, papers and
records of Contractor which are directly pertinent to this Contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also agrees,
otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements
as set forth in the applicable U.S. DOT Common Rule.
2. The Contractor shall maintain and the City shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all prices, costs or rates
negotiated and invoiced in performance of this Contract. This right of examination shall
include inspection at all reasonable times of the Contractor’s offices engaged in
performing the Contract.
3. If this Contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final
termination settlement. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims arising under or
relating to this Contract until such appeals, litigation, or claims are finally resolved.
4. Access to Records and Reports” applies with equal force and effect to any
subcontractors hired by the Contractor to perform Work under this Contract. The
Contractor shall insert this provision in all subcontracts under this Contract and require
subcontractor compliance therewith.
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
Third Party Participants to permit, FTA to have access to the sites of performance of its
Award, the accompanying Underlying Agreement, and any Amendments thereto, and to
make site visits as needed in compliance with the U.S. DOT Common Rules.
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6. Closeout. Closeout of the Award does not alter the record retention or access
requirements of this section of this Master Agreement.
3. FEDERAL CHANGES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
4. CIVIL RIGHTS (EEO, TITLE VI & ADA)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
The following requirements apply to the underlying contract:
a) The Recipient agrees that it must comply with applicable federal civil rights laws,
regulations, requirements, and guidance, and follow applicable federal guidance,
except as the Federal Government determines otherwise in writing. Therefore, unless
a Recipient or a federal program, including the Tribal Transit Program or the Indian
Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires
compliance with that civil rights statute, including compliance with equity in service.
b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees
to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination
based on the basis of race, color, religion, national origin, sex, disability, or age. (2)
Prohibit the: (a) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in
employment or a business opportunity identified in 49 U.S.C. § 5332, or (c)
Discrimination, including discrimination in employment or a business opportunity
identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular
4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance, and other applicable federal guidance that may be
issued, but (b) FTA does not require an Indian Tribe to comply with FTA program-
specific guidelines for Title VI when administering its Underlying Agreement supported
with federal assistance under the Tribal Transit Program.
c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant, will: (1) Prohibit discrimination based on
race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part
21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The
most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other
applicable federal guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
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Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a)
Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment
Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c)
Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations,
as provided in Federal guidance, including laws and regulations prohibiting
discrimination on the basis of disability, except as the Federal Government determines
otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants
for employment are employed and employees are treated during employment without
discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6
Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms
of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8
Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title
VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the
definition of "Employer". (3) Equal Employment Opportunity Requirements for
Construction Activities. In addition to the foregoing, when undertaking “construction”
as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to
comply, and assures the compliance of each Third Party Participant, with: (a) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, September 2019
Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal
laws and regulations, the Recipient agrees to facilitate, and assures that each Third-
Party Participant will facilitate, participation by small business concerns owned and
controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as
follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply
with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives planning,
capital and/or operating assistance and that will award prime third-party contracts
exceeding $250,000 in a federal fiscal year must have a DBE program meeting the
requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual
DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer
(TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, and (b)
Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle
purchase, the Recipient must submit to FTA the name of the TVM contractor and the
total dollar value of the third-party contract and notify FTA that this information has
been attached to FTA’s electronic award and management system, the Recipient must
also submit subsequent notifications if options are exercised in subsequent years to
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ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. §
26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary
and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the
award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as
required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreement, and 4 Implementation of its
DBE program approved by U.S. DOT is a legal obligation and failure to carry out its
terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third
Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and
assures that it will include the following assurance in each subagreement and third
party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third
Party Subcontractors to include the following assurance in every subagreement and
third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each
Third Party Subcontractor must not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any FTA or U.S. DOT-assisted
subagreement, third party contract, and third party subcontract, as applicable, and the
administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, third party contracts, and third party subcontracts, as applicable, 3
Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a
material breach of this subagreement, third party contract, or third party subcontract,
as applicable, and 4 The following remedies, or such other remedy as the Recipient
deems appropriate, include, but are not limited to, withholding monthly progress
payments; assessing sanctions; liquidated damages; and/or disqualifying the
Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding
as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as provided
for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter for enforcement
under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6101 et seq., which prohibits discrimination against individuals on the basis of age in
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the administration of Programs, Projects, and related activities receiving federal
assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on
the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following federal prohibitions against discrimination on the basis of disability: (1)
Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of federally assisted Programs, Projects, or activities, (b) The
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., 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
Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
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U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
Reg. 74087, December 14, 2005.
(k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The
Recipient agrees to comply with other applicable federal nondiscrimination laws,
regulations, and requirements, and follow federal guidance prohibiting discrimination.
(l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws,
regulations, requirements, and guidance may be enforced as provided in those federal
laws, regulations, or requirements.
(m) Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and
public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination.
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)
TERMS
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
City requests which would cause the City to be in violation of the FTA terms and conditions.
6. ENERGY CONSERVATION REQUIREMENTS
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et.
seq., and perform an energy assessment for any building constructed, reconstructed, or
modified with federal assistance required under FTA regulations, “Requirements for Energy
Assessments,” 49 CFR Part 622, subpart C.
7. VETERANS EMPLOYEMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the contractor agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the
skills and abilities required to perform construction work required under a third-party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
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2. Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Contractor is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using
such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200)
Applies to all contracts except micro-purchases.
a. Termination for Convenience. The City may terminate this Contract, in whole or in part,
for any reason, upon five (5) days written notice to the Contractor. In such event, the
City shall pay the Contractor its costs, including reasonable Contract close-out costs,
and profit on Work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City, the Contractor will
account for the same, and dispose of it in a manner the City directs.
b. Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization
or similar law, by or against Contractor, or the appointment of a receiver or similar officer
for Contractor or any of its property, which is not vacated or fully stayed within thirty (30)
days after the institution of such proceeding, will also constitute a breach. In the event
of a breach, the non-breaching Party may provide written notice of the breach to the
other Party. If the notified Party does not cure the breach, at its sole expense, within
thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its
remedies provided under this Contract or at law, including immediate termination of the
Contract.
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10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
Suspension and Debarment Executive.
The contractor attests that it is not listed on the government-wide exclusions in the System
for Award Management (SAM).
The Contractor agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov, if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov, if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF
INFORMATION RELATED TO FRAUD, WASTE, ABUSE OR OTHER
LEGAL MATTERS
Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is
required to “flow down” this requirement to subcontractors.
a. If a current or prospective legal matter that may affect the Federal Government emerges,
the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel
for the Region in which the Recipient is located. The Recipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party
Participant to include an equivalent provision in its subagreements at every tier, for any
agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying
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Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
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.
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Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
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.
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15. 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
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty
for the Nonurbanized Area Program agreed to by the U.S. Secretaries of
Transportation and Labor, dated May 31, 1979, and the procedures implemented by
U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
16. CHARTER SERVICES
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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.
17. SCHOOL BUS OPERATIONS
Applies to all contract for Operational Services except micro-purchases.
School Bus Operations - Recipient agrees that neither it nor any Third Party Participant
that is participating in its Award will engage in school bus operations exclusively for the
transportation of students or school personnel in competition with private school bus
operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA
regulations, “School Bus Operations,” 49 CFR Part 605, and any other applicable federal
“School Bus Operations” laws, regulations, requirements, or applicable federal guidance.
18. DRUG AND ALCOHOL TESTING
Applies to all Operational Services contracts except micro-purchases.
Drug and Alcohol Testing
The contractor agrees to (select one option):
Option 1
Participate in the City’s drug and alcohol program established in compliance with 49 CFR
653 and 654.
Option 2
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized 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.
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
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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).
19. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 3%.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
20. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor’s receipt
of payment for that work from the City. In addition, the contractor may not hold retainage from
its subcontractors. The contractor must promptly notify the City whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete its
work and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written
consent of the City.
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21. 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
22. ASSIGNABILITY
Applies to all contracts except micro-purchases.
Neither the City nor the Contractor shall assign or transfer any of its rights or obligations
hereunder without the prior written consent of the other.
23. CITY OF FORT COLLINS BID PROTEST PROCEDURES
Applies to all contracts except micro-purchases.
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available
from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P.
O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by
emailing: Purchasing@fcgov.com or calling 970-221-6775.
24. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Applies to all contracts except micro-purchases.
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part
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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.
25. INCREASING SEAT BELT USE IN THE UNITED STATES
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its
contractors to adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company-owned, rented, or personally owned vehicles.
26. REDUCING TEXT MESSAGING WHILE DRIVING
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its
employees, subrecipients, and contractors to adopt and enforce policies that ban text
messaging while driving, and the City has established workplace safety policies to decrease
accidents caused by distracted drivers.