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Home My WebLink AboutRFP - 10098 Transit AdvertisingREQUEST FOR PROPOSAL 10098 TRANSIT ADVERTISING RFP DUE: 3:00 PM MT (Mountain Time), February 12, 2025 The City of Fort Collins is requesting proposals from qualified Service Providers to provide advertising services on Transfort’s buses and for new and existing bus shelters and benches throughout the City. Services will also include some maintenance services and an option for new shelter assembly and installation. As part of the City’s commitment to sustainability , proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of -fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Beth Diven, Buyer II at bdiven@fcgov.com, no later than 3:00 PM MT on January 29, 2025. Please format your e- mail to include: RFP 10098 Transit Advertising 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): 557-62 Signage, Advertising (Interior & Exterior) 801-58 Signs: Billboard, Advertising, etc. 915-01 Advertising Agency Services 915-04 Advertising, Outdoor Billboard, etc. 918-07 Advertising Consulting 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 Financial Services Purchasing Division nd Floor 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 10098 Transit Advertising Page 1 of 127 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. 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. Service Providers Registration: The City requires new Service Providers/ Professionals receiving awards from the City to submit IRS form W-9 and requires all Service Providers/ Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all RFP 10098 Transit Advertising Page 2 of 127 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 10098 Transit Advertising Page 3 of 127 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers to provide advertising services on Transfort’s buses and for new and existing bus shelters and benches throughout the City. Services will also include some maintenance services and an option for new shelter assembly and installation. Transfort has advertising space available on the interior and exterior of Transfort buses, bus benches, and bus shelters (collectively “Transfort Advertising Space”). It is Transfort’s desire to permit use of Transfort Advertising Space, to the extent determined by Transfort to support Transfort’s purposes and operations: • for paid commercial advertising, to generate revenue for the City and the construction, operations and maintenance of the Transfort’s facilities and services (“Commercial Advertising”); and • to provide information to the public by or about the City of Fort Collins, including messages requested and paid for by federal, state, or local governmental entities that have been selected for adoption as the City’s own message (“City Communications”). The awarded Service Provider will enter into an Agreement with the City with initial term of five years, with an option to extend up to an additional five (5) years subject to City Council approval. Notwithstanding, the Agreement will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of Shelters and Amenities owned by the City and maintenance thereof. The City also reserves the right to cancel the Agreement with thirty (30) days written notice in the event the City’s policy for Commercial Advertising changes. B. Background Transfort, like many transit agencies across the nation, previously utilized advertising to provide revenue and maintenance of the bus shelters and Amenities. Transfort contracted this service with an advertising Service Provider, allowing them to advertise at Transfort bus stops. In return, Transfort benefited from a portion of the advertising revenue. Between 2021 and 2024 Transfort paused its advertising program, both at stops and on buses, to re-evaluate the program. At this time, Transfort would like to return to a contracted advertising program for the majority of its available advertising spaces. Commercial Advertising The City requests proposals from qualified firms to provide all aspects of a transit advertising program (the “Advertising Program”) to include advertising spaces on bus stop benches and shelters, and on buses, including both exterior and interior ad spaces. The City desires a turnkey operation of services to include sales and administration of transit advertising in this non-public forum, with optional maintenance and assembly/installation activities. The Service Provider will be responsible for all costs incurred in marketing and administration of the program (printing, installation and maintenance of advertisements). The City plans to retain designated advertising spaces, including bus stop and on-bus spaces, to manage a limited internal advertising program for Transfort and other City Departments (herein referred to as “Transfort Designated Spaces”). The Service Provider would not be responsible for these designated spaces: • Bus Stop/Shelters: 20% of all shelter ad spaces RFP 10098 Transit Advertising Page 4 of 127 • Bus Stop/Benches: 20% of all bench ad spaces • On Bus/Interior: 50% of all interior bus ad spaces • On Bus/Exterior: up to 50% of tail ad spaces. The remaining advertising spaces will be available to the Service Provider under this scope of work. The specific locations of advertising spaces available under this contract, and those identified as Transfort Designated Spaces, are denoted in Section VI, Attachment B. City Communications Transfort will be responsible for and manage all Transfort Designated Spaces, including printing, installation, maintenance, and removal of advertisements. From time to time, the City may elect to adopt messages as “City Communications” from outside Government Entities. In these cases, Transfort will coordinate with the Government Entity directly to develop and approve these City Communications. Transfort will have the option to submit these advertisements to the Service Provider as part of the Transfort Designed Spaces allocation or to be paid for by Transfort at the designated commercial rate. City Communications will not be subject to the provisions of the advertising policy as they are messages adopted by the City as its own message. Bus Stop Advertising Transfort currently operates 23 local transit routes. The routes and span of service hours can be viewed at www.ridetransfort.com . The City has approximately 138 bus shelters and 150 benches totaling approximately 432 distinct advertising spaces (the “Existing Amenities”). The City will be retaining approximately 20% of all total bus stop advertising space (29 benches and 58 shelter ad spaces) to be used for City Communications. Transfort will be responsible for managing the advertising at these pre-identified stops (Transfort Designated Spaces), including the printing and installation of City advertising. Advertising on benches is strictly limited to the standard size of a bench back (2FT x 6FT). Larger ads will not be permitted under any circumstances. The City plans to purchase new shelters and new benches, numbers to be determined, in subsequent years. Advertising spaces on new Shelters and Benches would be incorporated into this scope of work as they are installed. On Bus Advertising: Transfort operates a fleet of 53 buses, with approximately 41 operating in peak service at any time. The fleet is a mix of 30-, 35-, 40-FT buses with interior and exterior advertising. Transfort also operates 60-FT buses with interior advertising only. The City will be retaining approximately 50% of all interior advertising space and up to 50% of all tail ad spaces (Transfort Designed Spaces) to be used for Transfort and City Department advertising (City Communications). Transfort will be responsible for managing the advertising on these designated spaces. The Transfort vehicle fleet inventory is subject to change and from time to time as vehicles may be temporarily unavailable due to maintenance. In the event of a material change in the size and/or composition of the fleet (+/- 10%) or due to a vehicle out of service for a period greater than 45 business days the parties will discuss an equitable adjustment in the minimum anticipated payment amount. RFP 10098 Transit Advertising Page 5 of 127 II. SCOPE OF PROPOSAL A. Scope of Services The City’s previous advertising contracts expired in 2021 and in the interim period Transfort has been administering a limited internal program with City Department advertising only. These ads will be removed by Transfort prior to the new Service Provider installing advertisements. The new Service Provider will provide a turnkey solution for the identified existing shelters, benches, and on-bus advertisements, as well as potential future additional advertising space. Section VII, Attachments, provides detailed information regarding current Amenities, and associated service expectations. • All Shelter and Bench stop locations are described in Attachments A and B, with additional information regarding which stop locations will be available for advertisement under this contract to the Service Provider, and which stop locations will be retained as Transfort Designated Spaces. • All Transfort buses with interior and exterior advertising spaces are described in Attachment C, with additional information regarding which buses and ad locations will be available for advertisement under this contract, and which buses and ad locations will be retained as Transfort Designated Spaces. 1. Definitions a. Amenities • “Shelters” are defined as a covered structure at a bus stop providing protection against the weather for people waiting for a bus. Shelters include a bench, trash receptacle, bus stop sign, and possibly a recycling receptacle and bike rack. • “Benches” a stand-alone bench as the primary feature which does not include a shelter; shelter benches within the shelter generally have contoured benches with contoured back. • “Advertising Kiosk” shall be comprised of ad kiosk with up to two (2) side- hinged display doors. • “Lighting” shelters will have either solar panels or be hard-wired for lighting; some stops without Shelters will have pole mounted solar lights. • “Trash receptacles” are at most stops; dependent on stop type, metal receptacles shall be pole mounted or stand-alone. • “Recycling receptacles” are at limited stops; depending on stop type and location, metal receptacles are typically stand-alone. • “Bicycle Racks” at limited stops. The preferred metal bike rack style is a simple hitching post or inverted U. 2. Existing Bus Stops/Future Bus Stops During the term of the Agreement, the City will evaluate the system to determine which locations are in need of a new stop, upgraded stop, relocation of Amenities, or decommissioning of a stop. Section 2.3 of Attachment D (Transfort Bus Stop Design Standards & Guidelines) describes the process for determining bus stop installations and upgrades. As stops RFP 10098 Transit Advertising Page 6 of 127 are upgraded that contain new advertising space, advertisement at 80% of new Benches or Shelters shall be incorporated into this scope of work, with the minimum annual guarantee adjusted accordingly. The City will make the final determination as to which of the new locations shall be retained for Transfort Designed Space and which will be made available to the Service Provider. The City reserves the right to make decisions related to relocating Amenities, including both Shelters and Benches, as needed, to meet Transfort’s Operational needs. The City also reserves the right to determine the appropriate level of Amenities (i.e. bus stop sign only, Benches, Shelters, and associated Amenities such as Trash receptacles, Recycling receptacles, Bike Racks and Lighting) at existing and future stops. In some cases, the City will install Amenities such as Shelters and Benches that do not contain advertising space. When Shelters or Benches with advertising spaces under the Service Provider’s purview are moved to another location, the Service Provider will be obligated to continue to provide a service to those Amenities in their new locations. 3. Commercial Advertisements (Applies to both Bus Stop and On-Bus Advertisements) The Service Provider shall operate the Advertising Program in accordance with professional standards and subject to the terms and conditions of this RFP. The Service Provider shall use its best efforts to solicit and sell all available advertising space on the Shelter and Bench program with the recognition that this is a non-public forum. The Service Provider shall bear all costs relating to the arrangement for and preparation of bus advertising for Transfort bus stops and buses, except for the advertising spaces identified as Transfort Designated Spaces. Service Provider shall be responsible for selling advertising space, fabricating the advertisements, receiving payments from advertisers (and distributing payments to the City on the agreed-upon schedule), attaching advertisements to advertising spaces, maintaining advertisements on advertising spaces and removing advertisements from advertising spaces that the Service Provider is responsible for. The Service Provider shall not remove advertisements from spaces the Service Provider is not responsible for without prior written approval from Transfort (i.e. Transfort Designated Spaces). Maintaining a clean and well-kept environment for Transfort’s customers, the public and staff is of paramount importance to the City. The Service Provider must permit the use of unsold space for the purpose of promoting the City of Fort Collins, Transfort advertising franchise; the City will not grant the Service Provider any other use of unsold space without compensation to the City without the express written permission of the City. The City requires that no advertising space be left empty for long durations of time. All advertising production and installation shall be professional and precise. The successful Service Provider shall maintain all displayed advertising to ensure its neat appearance and promptly remove all advertising that is defective, worn or otherwise unsightly in appearance. Transfort reserves the right to require the successful Service Provider to promptly remove, at the Service Provider’s own expense, any advertising, which, in the opinion of the City, is unsightly in appearance. The Service Provider further agrees to remove dated, worn, and/or defective advertising no later than three days (72 hours) following the final date of an advertised event or offer. RFP 10098 Transit Advertising Page 7 of 127 The Service Provider should explain its procedure for removing dated materials at the end of a contract term. The City requires that all dated materials be removed within ten days of the end of a contract. All removed materials shall be disposed of properly offsite by the Service Provider. The Service Provider shall include in the monthly and/or quarterly reports the status of removal of expired or obsolescent ads. The City shall not be held liable for any copyright infringement or liabilities from advertisements placed and/or created by the Service Provider or any third party. The City retains the right to use pictures of Shelters and Benches (with or without advertisements) to promote itself and/or the Shelter/Bench program or transit service without obtaining prior permission from Service Provider and/or any third party, and without additional expense/charge. The Service Provider shall submit as part of its proposal a detailed Sales Plan that describes the sales strategies for the Advertising Program . The plan shall include sales strategies that the Service Provider will employ to sell advertising with the goal of achieving the maximum utilization of all space available for sale. The Service Provider, in its proposal, will identify staff responsible for regional and local sales and the offices where these individuals will be located. A Project Manager shall be named in the Service Provider’s proposal and that candidate’s resume will be provided to the City for its review. At no time will the City allow for its advertising space to be subdivided or resold by any parties other than the Service Provider and its designated sales agents, without the express written consent of the City. No audio advertising will be permitted on Shelters or Benches. Service Provider acknowledges and agrees that advertising is not permitted at all bus stops within Transfort’s network. In single family residential areas, for example, advertising is limited to side-yards. In addition, certain areas may not be appropriate for advertising, such as historically significant sites. In such cases, Transfort has a limited number of non-advertising bus stop Benches and Shelters that can be used if advertising is deemed to be incompatible with the character of the area. Service Provider shall abide by all state, federal and local laws and the City’s Transfort Advertising Policy, noted below. Strict adherence to the City’s Transfort Advertising Policy is a material requirement of this Agreement. Failure to adhere to the City’s Transfort Advertising Policy is a material breach of the Agreement. This policy is subject to change at the City’s sole discretion. The Service Provider will be notified by email of any proposed change(s) to the policy two (2) weeks prior to the change being effective, and the Service Provider will be notified by email within one (1) business day once the policy changes are officially adopted. Any change to the policy will only be applicable to all advertisements received by the Service Provider after the effective date of that policy change. The Service Provider is not entitled to any input on the City’s current or future Transfort Advertising Policy. Within thirty (30) days of the effective date of any change to the standards for approving or rejecting commercial advertising under the policy, the Service Provider may choose to terminate this Agreement by providing written notice to the City. Bench Advertising Advertising on Benches is strictly limited to the standard size of a bench back (2FT x 6FT). Larger ads will not be permitted under any circumstances. If ads larger than the maximum are installed on Benches, the Service Provider will be required to remove them within one business day of being notified, at the Service Provider’s expense. RFP 10098 Transit Advertising Page 8 of 127 Transfort shall be responsible for purchasing and installing and maintaining the advertising frames on benches. Damage to Shelters, Shelter Advertising Kiosks, Benches or Bench frames caused due to Service Provider negligence will be repaired by Transfort with repair costs billed to the Service Provider. Exterior Bus Advertising Transfort shall be responsible for purchasing, installing, and maintaining the advertising frames on the exterior of the vehicles. Damage to exterior advertising frames caused due to Service Provider negligence will be repaired by Transfort with repair costs billed to the Service Provider. Transfort has historically only allowed panel advertisements on the exterior of buses. However, Transfort requests for respondents to propose cost share options for both panel advertising only and an advertising program that allows for decals/wraps to extend only from wheel to wheel on either Curbside and or Streetside bus panels. Transfort wishes to minimize, to the extent possible, the amount of window coverage in decal/wrap advertising. Transfort will retain up to 50% of rear (“tail”) advertising frames for an internally managed advertising program aimed at Transfort and other City departments (Transfort Designated Spaces). Transfort will be responsible for the production and installation of all City Communications. All Streetside and Curbside panels will be available under this scope of the work for the Service Provider. A subset of Transfort buses are not available for exterior advertising including two (2) 35-FT Battery Electric Buses, four (4) 30-FT buses used on the Around the Horn route and eight (8) 60-FT buses used on the MAX Bus Rapid Transit (BRT) route. A full inventory of advertising panels available under this scope of work can be found in Attachment C. Interior Bus Advertising Transfort will retain 50% of all interior advertising to account for required postings such as code of conduct, Title VI, Wi-Fi instructions, and other Transfort and City Department postings. All curbside interior advertising spaces will be considered Transfort Designated Spaces. The remaining 50% of interior advertising space (streetside interior advertising space) will be available under this scope of work for the Service Provider. B. City of Fort Collins Transfort Advertising Policy (Applies to both Bus Stop and On- Bus Advertisements) 1. Scope of Advertising Policy Transfort uses Transfort Advertising Space for Commercial Advertising or City Communications only in those locations made available by Transfort for such purposes in Transfort’s sole discretion. Purpose of Non-Public Forum As further described in the next section, Transfort’s Advertising Space is a non-public forum. The primary purpose of Transfort's transit system is to provide safe and efficient public transportation within its service area. Consistent with this purpose, Transfort places great importance on maintaining secure, safe, comfortable and convenient RFP 10098 Transit Advertising Page 9 of 127 transit facilities and vehicles in order to, among other things, be consistent with the provision of effective and reliable public transportation, retain existing riders, and attract new users of public transit services. The purpose of Transfort’s Advertising Space as a non-public forum is to support the running of an efficient and profitable transit system while promoting public health and safety and protecting the physical and psychological well-being of minors. Non-Public Forum Status Transfort’s Advertising Space is a non-public forum and, as such, Transfort will accept only that advertising that falls within the categories of acceptable advertising specified in this viewpoint-neutral policy and that satisfies all other access requirem ents and restrictions provided herein. Only Commercial Advertising and City Communications are permitted on Transfort Advertising Space. Transfort Advertising Space and this Policy do not provide or create a public forum. Transfort does not accept advertising by others for non- commercial purposes except for City Communications. Transfort reserves the sole right to determine the size, location, placement, duration, price, and all other terms for any Transfort Advertising Space made available. The City reserves the right to suspend, modify or revoke the application of any of the standards in this Policy as it deems necessary to comply with legal mandates, to accommodate its primary transportation function, or to fulfill the goals and objectives identified above. All the provisions in this Policy shall be deemed severable. 2. Commercial Advertising Types of Commercial Advertising Permitted The only Commercial Advertising permitted by Transfort is Commercial Advertising that proposes, promotes, or solicits an identifiable commercial transaction for the sale, rent, lease, license, distribution, or availability of goods, property, services, or events that anticipates an exchange of monetary consideration, for the advertiser’s commercial or proprietary interest. For purposes of identifying a commercial transaction, Transfort will rely on: • Font size, • Location of text, • Contrast of text to images, • Prominence of the advertised transaction in the advertisement overall, and • Other objective criteria reasonably related to identifying the underlying commercial transaction Disclaimer of Endorsement Transfort’s acceptance of Commercial Advertising does not constitute express or implied endorsement of the content or message of the advertisement, including any person, organization, products, services, information or viewpoints contained therein, or of the advertisement sponsor itself. This endorsement disclaimer extends to and includes content that may be found via internet addresses, quick response (QR) codes, and telephone numbers that may appear in posted ads and that direct viewers to external sources of information. RFP 10098 Transit Advertising Page 10 of 127 Prohibited Subject Matter All Commercial Advertising will be evaluated to ensure it meets the general requirements for commercial advertising and none of the prohibited subject matter is included. These restrictions are designed to promote the above stated purposes for Transfort’s transit system. A full list of prohibited subject matter can be found on Transfort’s website at www.ridetransfort.com which is subject to change at the City’s sole discretion. C. Advertisement Approval Process 1. City Communications The Service Provider will only accept non-commercial advertising that is submitted to the Service Provider directly by Transfort (“City Communications”). Should the Service Provider receive a non-commercial advertising submission from any other Government Entity, as defined under C.R.S. 29-1-202(1), the Service Provider will reject the submission and inform the applicant to contact Transfort to discuss a potential collaboration. The Service Provider will invoice the City for all City Communications advertising that is not part of Transfort’s Designated Spaces, and the City shall determine the source of the funds to pay for such advertising. 2. Advertising Approval Process For all advertisements not submitted by Transfort, the Service Provider will reject any advertisements that clearly do not meet the general requirements to be considered Commercial Advertising or contain any prohibited subject matter as set forth in the City’s Transfort Advertising Policy. For any advertisement that does not clearly meet this standard for rejection by the Service Provider, the Service Provider will submit such advertisement to Transfort for further consideration and final approval. Commercial Advertisements will be subject to review by the Service Provider and confirmation review by Transfort to verify compliance with the City’s Transfort Advertising Policy. The Service Provider will send invoices for each approved commercial advertisement to the person or entity indicated on the application for that advertisement. The City will not be liable to the Service Provider for the cost of any Commercial Advertising not submitted by the City. Except for advertising the Service Provider has determined does not meet the standard for the program and has rejected, the Service Provider will submit each advertisement to Transfort for further consideration and final approval prior to being displayed on any bus Shelter, Bench or interior/exterior of Transfort buses. Transfort will respond with an answer within two (2) business days except in the event Legal or management review is required. The City reserves the right to reject any advertisement submitted by the Service Provider based on the standards stated in the City’s Transfort Advertising Policy. In the event the Service Provider installs advertising without receiving prior written authorization from Transfort, the Service Provider will be responsible for removing unapproved advertisements within one business day of written notice, at their own expense. RFP 10098 Transit Advertising Page 11 of 127 D. Record Keeping The Service Provider shall keep full and accurate records, rendering monthly reports to the City as of the last business day of each month. This monthly report shall include, at a minimum, the total gross monthly billings submitted by the Service Provider. All operating expenses and other costs shall be paid exclusively by the Service Provider. The Service Provider shall submit these reports to the City no later than the 15th day of each month following the month of service. The Service Provider shall create and maintain adequate financial records, in accordance with generally accepted accounting practices, of its revenues with respect to this Transit Advertising Program. The City shall have the right to audit the records of the Service Provider upon reasonable prior written notice. The Service Provider shall make available all sales records and posting information required to perform such an audit. E. Optional Services a. Shelter Assembly and Installation If interested, the Service Provider will provide a cost estimate for assembly and installation of shelters as well as demolition or relocation of shelters as an optional service under this request for proposal. If the Service Provider is interested in providing this service, please provide an itemized cost estimate that would include responsibility for all construction, delivery, storage, and installation costs, including obtaining all applicable permits, materials, and labor including for installation of electrical, where applicable. If included as an option, the Service Provider shall install all Shelters and Amenities in accordance with industry standards and workmanlike* manner, in compliance with all applicable codes and regulations. These shall include, but are not limited to, local zoning code, local building and electrical codes, local regulations, and the Americans with Disabilities Act of 1991 (ADA). If the sidewalk is blocked due to installation, then the Service Provider will be responsible for notifying pedestrians with signage at each end of the block. *Trades - Quality workmanship, provided by skilled and qualified tradesmen, shall be employed for all items of the work. Licensed electricians shall complete all electrical work. Installation Details – Under this option, Service Provider would be responsible for developing installation details that ensure the safe and secure operation of the Shelters and Amenities per the manufacturer’s specifications, requirements, and guidelines. During the term of the Agreement, the City may, at its sole discretion, direct the Service Provider to remove, replace, and relocate Shelters and associated Amenities (i.e. Solar Panels, Trash and Recycling receptacles, and Bike Racks) as necessary to accommodate changing needs or to address unforeseen issues. The Service Provider, at the request of the City, shall be required to remove Shelters that interfere with the construction, maintenance, or repairs of public utilities, public works or public improvements, or which the City otherwise deems to be inappropriate at a particular location within two weeks of notice to remove/relocate the Shelter and associated Amenities. At the request of the City, Shelters and associated Amenities so removed shall be reinstalled when construction, maintenance, or repairs are completed, or they RFP 10098 Transit Advertising Page 12 of 127 will be relocated to sites approved by the City. The City reserves the right to permanently decommission bus stops as they see fit and the Service Provider must remove all requested Shelters and associated Amenities at the City’s request. All such removals, replacements, and/or relocations shall be accomplished at the expense of the City . In some cases, New Shelters will replace Existing Shelters. Service Provider is responsible for fully relocating Existing Shelters and/or Benches and all Amenities to new locations agreed upon by the City. Service Provider is further responsible for the installation of the Shelters, Benches and Amenities at those sites. In the event this option is executed, the City will retain responsibility for the purchase and order of Shelters, Benches and all associated Amenities. Installation, removal, and/or replacement of benches will remain the responsibility of the City. b. Bus Stop Maintenance If interested, the Service Provider will provide a cost estimate for limited maintenance of bus stops that are identified as stop locations that will be available for advertisement under this contract as an optional service under this request for proposal. If the option for maintenance at these stops is executed, the City would continue to be responsible for all maintenance at the stops that are retained for the City’s internally managed program. Cost proposals following optional routine maintenance and operations services shall be provided: a) Remove trash, recycling and debris from the Stop, Shelter or Bench, and the surrounding area and sidewalks at least twice weekly. City may designate certain Shelters or Benches in high traffic areas for more frequent servicing and Maintenance Plan must make provision for this. A list of Stops, Shelters and Benches with trash and recycling receptacles is included as Attachment E. b) Conduct a thorough inspection of each Shelter or Bench at least once every month. The City may, at its option, assign staff to accompany Service Provider on these periodic inspections. Repair work must be completed within 72 hours. c) Clean and wash all Shelter or Bench surfaces (including roof, frame, mesh, advertising panels and other display panels), base pad and sidewalks under and around the Shelter or Bench, at least once every two months. City may designate certain Shelters or Benches in high traffic areas for more frequent servicing and Maintenance Plan must make provision for this. d) Remove any reported graffiti within one business day of notification or observation. e) Maintain weed control with environmental considerations and City approved products, minor maintenance to the grounds to keep area clear of weeds and well- kept. i. Extreme care shall be used when applying herbicides so as not to damage desirable plants or the health of other humans or animals. City of Fort Collins, Parks Department needs to be notified of any herbicide application planned near trees and other woody plants. RFP 10098 Transit Advertising Page 13 of 127 ii. The use of pesticides or fertilizations shall be noted as to date, time, area and material used. iii. Any planned use of chemicals must be provided in a list and submitted to the City before pre-approved (such as snow melt, weed killer, etc.). If the option for limited maintenance is executed, the Service Provider shall record all maintenance and operations records, including inspections, preventive maintenance, routine cleaning, and repair tasks performed at each Shelter and Bench and submit reports to Transfort monthly by the 15th day of the month following the month of service. Transfort may also request maintenance records from the Service Provider as needed, ad-hoc requests must be submitted to Transfort within five (5) business days of a written request. F. Liquidated Damages This section is only applicable if the Service Provider elects to provide proposals for optional installation, repair, or maintenance services, and if those options are executed by the City. Liquidated Damages shall be assessed related to Service Provider’s failure to perform such installation, repair or maintenance to the schedule required by the Agreement, and to the satisfaction of the City. Failure to perform shall be determined solely by the City based upon Service Provider’s performance in providing required installation, maintenance, repair, trash/recycle/debris removal, or cleaning within the time limit specified. The schedule of liquidated damages is stated below and will be assessed by location as follows: • Failure to perform trash or debris removal on required twice weekly schedule, or more frequent servicing schedule if designated by City for Stops, Shelters or Benches in high traffic areas: − $50 per stop for the first incident. − $100 per stop for each incident thereafter • Failure to perform inspections on required monthly schedule and repair deficiencies within 12 hours of discovery or notification via customer complaints or by City: − $50 first incident − $100 each incident thereafter • Failure to install or remove a Shelter within 90 days written notice − $50 first incident − $100 each 10 days that the Shelter is not installed or removed after the initial 90 day period • Failure to perform cleaning services on required two (2) month schedule or notification via customer complaints or by City: − $50 first incident − $100 each incident thereafter • Failure to provide required data or reports within a specified time: RFP 10098 Transit Advertising Page 14 of 127 − $50 first incident − $100 each incident thereafter Repeated failure to perform such maintenance to the satisfaction of the City may be deemed a default in performance by the Service Provider and grounds for cancellation of all or any portion of the Agreement. The City maintains the right to inspect Shelters, Benches and Amenities and to direct the Service Provider’s compliance with installation, maintenance, operational and repair requirements. G. RFP 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: January 14, 2025 • Question deadline: 3:00 PM MT on January 29, 2025 • Final Addendum Issued: February 5, 2025 • Proposal due date: 3:00 PM MT on February 12, 2025 • Interviews (tentative): End of February /Early March 2025 • Award of Contract (tentative): March 2025 H. Interviews In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company , approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. I. 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. 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. Reporting Service Provider shall submit a monthly report to the City as of the last business day of each month. The report shall include, at a minimum, the total gross monthly billings submitted by the Service Provider and all operating expenses and other costs paid exclusively by the Service Provider. The Service Provider shall submit these reports to RFP 10098 Transit Advertising Page 15 of 127 the City no later than the 15th day of each month following the month of service. The City shall have the right to audit any reports and related accounting records of the Service Provider upon reasonable prior written notice. The Service Provider shall make available all sales records and posting information required to perform such an audit. L. Invoicing and Payment for City Communications & Optional Services 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. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. 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 1. Describe the Service Provider’s business and background 2. Number of years in the business RFP 10098 Transit Advertising Page 16 of 127 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. Capability & Qualifications Service Providers shall include a description of the qualifications and experience of the firm in operating similar transit franchise advertising programs – both bus stop advertising and/or on-bus advertising. Each proposal must include a detailed narrative setting forth the background, experience, and qualifications of the firm(s) and the principals of the firm(s), including a list of previous completed and ongoing work that is similar or related to that described in the Scope of Services required pursuant to this RFP. Such information should identify the agencies, counties or municipalities where such services are or have been provided and should also describe in detail the scope and value of relevant current and past contracts, licenses, franchises, and any other agreement. In addition, the Service Provider shall include information in forms such as photographs to demonstrate its existing structures in operation in other agencies, counties or municipalities. Service Providers must provide three (3) client references where work of a similar size and scope has been completed and/or ongoing. The primary means of contact will be made by email with potential phone follow-up; it is the Service Providers responsibility to fully complete Section VI - Experience & References and ensure accuracy of the contact information. Service Providers shall also provide thorough answers to the following list of questions. The responses to these questions will be included in the City’s evaluation of the Service Provider. In addition, the responses to the questions may be incorporated into and made a part of the Agreement. In your proposal, please restate the question followed by your response. 1. Please describe your knowledge of and experience in the Northern Colorado Media Market. 2. Describe the performance standards your firm has established for its franchise advertising contracts. In particular how does your firm raise the value of its client’s transit advertising franchises? 3. Has your firm ever failed to complete a contract that was awarded to you? Has your firm ever defaulted or been terminated from a contract? 4. List other contracts awarded to your firm where services were similar in scope, size or discipline. Describe similarities and differences of each of these services compared to the service contained in this RFP. 5. Does your firm have established relationships with advertisers in the Northern Colorado market? 6. Describe the effort that your firm puts forth in ensuring compliance with allowed advertisements? RFP 10098 Transit Advertising Page 17 of 127 D. Assigned Personnel This section shall include, but is not limited to, a listing of all required personnel and qualifications for each key position. A Project Manager m ust be designated and identified, and a detailed resume must be submitted; resumes of other key personnel should also be provided. The percentage of the Project Manager's time dedicated to this project should be included, along with the dedicated time of other key personnel. If personnel must be shared with other projects, indicate how much time will be devoted to other projects. If subcontractors are to be used, describe the arrangement as well as their role in the project. This section shall include an organization chart detailing the name, title, firm and responsibility of key personnel assigned to the project. Service Providers shall provide thorough answers to the following list of questions. The responses to these questions will be included in the City’s evaluation of the Service Provider. In addition, the responses to the questions may be incorporated into and made a part of the Agreement. In your proposal, please restate the question followed by your response. 1. Who will be the Project Manager for this project? Explain this person's background, experience and include a resume. 2. Describe the tasks to be assigned to the Project Manager of this project and the percentage of time that will be devoted to these tasks. 3. Describe the tasks to be assigned to other staff assigned this project and the percentage of time that will be dedicated to these tasks. 4. Provide an organizational chart for your firm that depicts how your corporate staff will support and interact with the local project staff. 5. If applicable, how does your firm intend to install and maintain Shelters, Benches and Amenities? 6. Does the firm plan to produce and install advertising-using its own personnel or subcontract these tasks? 7. If the Service Provider proposes to use subcontractors to provide any of the services, identify the services to be provided and include the name, address and telephone number of each subcontractor proposed to be involved in project. A List of Subcontractors form is included as part of this RFP response. E. Operating Methodology The proposal shall include a detailed work plan that responds to itemized requirements referenced in the Scope of Work. The work plan shall include the business plan (including installation, operations and maintenance elements) and the sales plan, and (if applicable) describe in detail the Service Provider’s plans pertaining to installation, maintenance, repair, and operation of each of the types of Shelters. In addition, the narrative must describe the Service Provider's plans for administering and marketing the franchise structures and the advertising thereon. The narrative must also describe the proposed computerized inventory and information-sharing system, including the reports to be made available to the City. The narrative must include a staffing plan for all aspects of the Agreement. Service Providers shall provide thorough answers to the following list of questions. The responses to these questions will be included in the City’s evaluation of the Service Provider. In addition, the responses to the questions may be incorporated into and made RFP 10098 Transit Advertising Page 18 of 127 a part of the Agreement. In your proposal, please restate the question followed by your response. 1. Discuss your firm’s proposed business plan (including installation, operations and optional maintenance elements) for this project. 2. Discuss your proposed marketing and sales plan and provide an explanation of rates to be charged and how these rates will be established. 3. Discuss proposed contract and billing reports and provide sample copies. 4. Discuss proposed process used in the collection and accounting of revenue. F. Innovative Approaches Outline a detailed plan that offers innovative approaches to generating revenues from national, regional and local sources and from new, as well as existing, advertising mediums, as well as approaches which enhance the perception of City’s Shelters, Benches and Amenity brand identity, etc. Service Providers shall also provide thorough answers to the following list of questions. The responses to these questions will be included in the City’s evaluation of the Service Provider. In addition, the responses to the questions may be incorporated into and made a part of the Agreement. In your proposal, please restate the question followed by your response. 1. Explain the firm’s understanding of the project scope and issues and substantive work plans to meet or exceed the City’s requirements and the enhancement of the City’s advertising franchise. 2. Discuss the quality and completeness of work plans that demonstrate a sound approach to developing a solid transit advertising franchise for the City. 3. Discuss the firm’s recognition of market segmentation as it relates to the City. 4. Explain Service Provider’s approach to both selling and posting advertising appropriate to the different settings in which Transfort operates. 5. State the M inimum Annual Revenue Guarantee you will offer the City and proposed methodology for determining the City’s revenue for the Service Provider’s exclusive right to the Advertising Program. G. Compensation The City is seeking a revenue sharing arrangement or alternative revenue model with a Minimum Annual Revenue Guarantee which is to be paid in semi-annual installments to the City within 30 days of the end of the payment cycle. The first payment is due six (6) months following the effective contract date and continues in this cadence henceforth until the end or termination of the contract. Proposal shall include a detailed description of the proposed revenue model to include the methodology for determining the City’s Minimum Annual Revenue Guarantee. In the event the financial model proposed is based on a revenue share with the City please detail the elements and revenue share calculation used to define gross revenue and net revenue. The Service Provider must propose a Minimum Annual Revenue Guarantee which addresses all City of Fort Collins advertising assets: RFP 10098 Transit Advertising Page 19 of 127 1. On bus advertising: interior and exterior a. Include revenue share for two options: i. Option for standard panel size advertisements only ii. Option for partial wrap/decal advertisements (wheel to wheel only) on Streetside and Curbside sides of buses 2. Bus Stop advertising: Shelters and Benches If the Service Provider is interested in providing the optional installation/assembly and maintenance services, please propose costs related to the following: 1) Shelter installation and removal services per Shelter 2) Maintenance costs per stop a. Bench Stops b. Shelter Stops The proposal should also address opportunities for the payment(s) to the City to exceed the Minimum Annual Revenue Guarantee and the frequency of payments proposed for the Minimum Annual Revenue Guarantee (i.e. monthly, quarterly, annually, etc.) In the event that the City’s contractual share of Net Revenue exceeds the Minimum Annual Revenue Guarantee, the selected Service Provider shall pay semi-annual installments of the extra revenue to the City within 30 days of the end of the payment cycle. These payments are to follow the same schedule and cadence as the Minimum Annual Revenue Guarantee payments. In the event that the City does not receive the “true up” payment, if any is payable, by the due date, the City shall assess interest at a rate of one percent (1.0%) per month, compounded monthly, on the unpaid amount. The Service Provider shall provide proof of financial ability to cover the cost of developing the advertising franchise and to make regular payments to the City. Financial resources shall be demonstrated by submission of audited financial statements for the Service Provider’s three (3) most recent fiscal years, or comparable documentation. The Service Provider should submit a detailed company portfolio including the company's financial viability within the past three (3) years, credit references, on-going projects and all pending litigations which the company may be directly or indirectly involved. Financial security should include a statement from certified public accountants as to the financial status of the firm and statements detailing any previous bankruptcies of the Service Provider or its parent organization. COMPENSATION PLAN FORM The following compensation plans are provided for example, Service Providers may also propose alternative cost share arrangements to be considered by the City. Bus Interior/Exterior Ads Option 1: Interior Ads and Exterior Ads (Standard Panel Advertisements only) PERCENTAGE OF GROSS REVENUE YOU WILL PAY TRANSFORT YEAR 1 ____% YEAR 2 ____% YEAR 3 ____% RFP 10098 Transit Advertising Page 20 of 127 YEAR 4 ____% YEAR 5 ____% MINIMUM ANNUAL REVENUE GUARANTEEYOU WILL PAY TRANSFORT YEAR 1 ________ YEAR 2 ________ YEAR 3 ________ YEAR 4 ________ YEAR 5 ________ Option 2: Interior Ads and Exterior Ads (Decal/wrap exterior advertising allowed) PERCENTAGE OF GROSS REVENUE YOU WILL PAY TRANSFORT YEAR 1 ____% YEAR 2 ____% YEAR 3 ____% YEAR 4 ____% YEAR 5 ____% MINIMUM ANNUAL REVENUE GUARANTEEYOU WILL PAY TRANSFORT YEAR 1 ________ YEAR 2 ________ YEAR 3 ________ YEAR 4 ________ YEAR 5 ________ Bus Shelters/Benches Ads PERCENTAGE OF GROSS REVENUE YOU WILL PAY TRANSFORT YEAR 1 ____% YEAR 2 ____% YEAR 3 ____% YEAR 4 ____% YEAR 5 ____% MINIMUM ANNUAL REVENUE GUARANTEE YOU WILL PAY TRANSFORT YEAR 1 ________ YEAR 2 ________ YEAR 3 ________ YEAR 4 ________ YEAR 5 ________ RFP 10098 Transit Advertising Page 21 of 127 H. 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. I. 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. J. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA RFP 10098 Transit Advertising Page 22 of 127 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? 3.0 Firm Capability & Qualifications Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project? Has the firm successfully completed previous projects of this type and scope? Is the firm familiar with the Northern Colorado market? Does the firm have established relationships with advertisers in Northern Colorado? 1.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 2.0 Operating Methodology Does the firm have a clearly defined and comprehensive approach to launching and maintaining and transit advertising program for the City? Does the firm have the resources to effectively track and maintain all inventory and information necessary to meet the City’s requirements for a successful program? Does the proposal describe the pricing methodology the Service Provider applies to the advertising spaces and does it seem reasonable? RFP 10098 Transit Advertising Page 23 of 127 WEIGHTING CATEGORY STANDARD QUESTIONS 1.0 Innovative Approaches Does the proposal recognize and address potential challenges with launching and maintaining a transit advertising program? Are there specific areas of opportunity (market segments) that the Service Provider sees in the Northern Colorado market? Does the proposal address the nuances of advertising on both the stationary and mobile inventory? 2.0 Compensation Does the proposed revenue share percentage compare favorably to historical and current market data? Does the Minimum Annual Revenue Guarantee compare favorable to historical and current data? Is the Service Provider capable of meeting its financial obligations to the City if awarded? If Optional Services are proposed, does the proposal include a detailed cost break-down for each cost element as applicable and are the line-item costs competitive? 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 10098 Transit Advertising Page 24 of 127 V. ACKNOWLEDGEMENT This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected. 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 10098 Transit Advertising and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider’s knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of 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: RFP 10098 Transit Advertising Page 25 of 127 Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 10098 Transit Advertising Page 26 of 127 VI. EXPERIENCE & REFERENCES LIST PROJECT #1 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: RFP 10098 Transit Advertising Page 27 of 127 PROJECT #2 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: RFP 10098 Transit Advertising Page 28 of 127 PROJECT #3 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: PLEASE NOTE: THE CITY RESERVES THE RIGHT TO REQUEST AND CONTACT ADDITIONAL REFERENCES. RFP 10098 Transit Advertising Page 29 of 127 VII. ATTACHMENTS Attachment A Existing Shelter and Bench Stops – Summary Attachment B Existing Shelters and Benches – Detail Attachment C Existing Bus Fleet Attachment D Bus Stop Design Standards & Guidelines Attachment E Stops, Shelters & Benches with Trash/Recycling Receptacles Attachment F Transfort Bus Routes RFP 10098 Transit Advertising Page 30 of 127 ATTACHMENT A EXISTING SHELTER AND BENCH STOPS – SUMMARY TRANSFORT AD SPACES PROVIDER AD 29 121 58 224 RFP 10098 Transit Advertising Page 31 of 127 TRANSFORT SPACES LOCATION DESCRIPTION AD SPACE FACING TRAFFIC LOCATION DESCRIPTION AD SPACE FACING TRAFFIC AD SPACE AWAY FROM TRAFFIC TOTAL AD COUNT 136 PROSPECT & HEATHERIDGE 6FT BENCH METAL-AD 1 151 DRAKE & COLLEGE (W OF)V AD 1 1 2 159 LINDEN & VINE 6FT BENCH METAL-AD 1 272 LEMAY & STUART V AD 1 1 2 236 OVERLAND & WELLS FARGO 6FT BENCH METAL-AD 1 313 HORSETOOTH & MASON V AD 1 1 2 531 PLUM & SCOTT 6FT BENCH METAL-AD 1 334 SHIELDS & RAINTREE V AD 1 1 2 545 ELIZABETH & TIMBER 6FT BENCH METAL-AD 1 541 PROSPECT & FUQUA V AD 1 1 2 791 PROSPECT & OVERLAND 6FT BENCH METAL-AD 1 543 ELIZABETH & OVERLAND V AD 1 1 2 810 DRAKE & DAVIDSON 6FT BENCH METAL-AD 1 634 POUDRE VALLEY MOBILE HOME PARK V AD 1 1 2 894 MULBERRY & TAFT HILL 6FT BENCH METAL-AD 1 817 CENTRE & BOTANICAL V AD 1 1 2 928 ELIZABETH & WHEDBEE 6FT BENCH METAL-AD 1 1103 US 287 & CARPENTER (S OF)ONE WAY AD 2 0 2 949 LAPORTE & LYONS (W OF)6FT BENCH METAL-AD 1 1241 SHIELDS & ELIZABETH V AD+2 1 3 957 HIGHWAY 14 & TIMBERLINE 6FT BENCH METAL-AD 1 1243 JFK & HORSETOOTH ONE WAY AD 2 0 2 964 LINCOLN & AIRWAY 6FT BENCH METAL-AD 1 1247 HARMONY & LEMAY (W OF)ONE WAY AD 2 0 2 967 LINCOLN & LINK LANE 6FT BENCH METAL-AD 1 1249 HARMONY & DELANY ONE WAY AD 2 0 2 970 LINCOLN & WILLOW 6FT BENCH METAL-AD 1 1273 DRAKE & ILLINOIS ONE WAY AD 2 0 2 1301 PROSPECT & LEMAY 6FT BENCH METAL-AD 1 1307 PROSPECT & ACADEMY ONE WAY AD 2 0 2 1325 LEMAY & PENNOCK 6FT BENCH METAL-AD 1 1331 OLIVE & MATHEWS V AD 1 1 2 1364 HORSETOOTH & DUNBAR 6FT BENCH METAL-AD 1 1365 LEMAY & MAGNOLIA ONE WAY AD 2 0 2 1370 TAFT HILL & DEVONSHIRE 6FT BENCH METAL-AD 1 1369 TAFT HILL & HORSETOOTH V AD 1 1 2 1377 MULBERRY & WASHINGTON 6FT BENCH METAL-AD 1 1387 TAFT HILL & PROSPECT V AD 1 1 2 1406 SHIELDS & STUART 6FT BENCH METAL-AD 1 1393 MELDRUM & MAGNOLIA V AD 1 1 2 1414 SHIELDS & ROCKY MOUNTAIN 6FT BENCH METAL-AD 1 1447 WILLOX & BLUE SPRUCE V AD 1 1 2 1425 LADY MOON & ROCK CREEK 6FT BENCH METAL-AD 1 1473 STANFORD & MONROE ONE WAY AD 2 0 2 1427 HARMONY & BOARDWALK 6FT BENCH METAL-AD 1 1526 SWALLOW STATION V AD 1 1 2 1534 SWALLOW & LEMAY 6FT BENCH METAL-AD 1 1549 HARMONY & STARFLOWER ONE WAY AD 2 0 2 1543 DRAKE & KANSAS 6FT BENCH METAL-AD 1 1576 HORSETOOTH & TIMBERLINE V AD 1 1 2 1553 HARMONY & STARFLOWER 6FT BENCH METAL-AD 1 1581 HORSETOOTH & LOCHWOOD V AD 1 1 2 1596 VINE & CAMPFIRE 6FT BENCH METAL-AD 1 1599 TIMBERLINE & ANNABEL V AD 1 1 2 1651 HARMONY & LADY MOON 6FT BENCH METAL-AD 1 1663 LINCOLN & WOODWARD V AD 1 1 2 1662 LINCOLN & LEMAY (E of)6FT BENCH METAL-AD 1 TOTALS:38 19 57 TOTAL:29 ATTACHMENT B EXISTING SHELTERS AND BENCHES – DETAIL RFP 10098 Transit Advertising Page 32 of 127 CONTRACTOR SPACES LOCATION DESCRIPTION AD SPACE FACING TRAFFIC LOCATION DESCRIPTION AD SPACE FACING TRAFFIC AD SPACE AWAY FROM TRAFFIC TOTAL AD COUNT 0128 COLLEGE & LAUREL 6FT BENCH METAL-AD 1 0028 LEMAY & POUDRE VALLEY HOSPITAL V AD 1 1 2 0135 PROSPECT & SHIELDS 6FT BENCH METAL-AD 1 0121 HARMONY & HINSDALE V AD 1 1 2 0149 DRAKE & TAFT HILL 6FT BENCH CONCRETE 1 0123 HARMONY & MASON ONE WAY AD 2 N/A 2 0150 DRAKE & CONSTITUTION 6FT BENCH METAL-AD 1 0127 COLLEGE & ELIZABETH ONE WAY AD 2 N/A 2 0208 COLLEGE & MULBERRY (N OF)6FT BENCH METAL-AD 1 0137 ELIZABETH & TAFT HILL V AD 1 1 2 0235 PROSPECT 7 TAFT HILL 6FT BENCH METAL-AD 1 0144 HORSETOOTH & SHIELDS V AD 1 1 2 0248 PROSPECT & TAFT HILL 6FT BENCH CONCRETE 1 0146 TAFT HILL & STUART V AD 1 1 2 0249 PROSPECT & UNDERHILL 6FT BENCH CONCRETE 1 0147 SHIELDS & PROSPECT V AD 1 1 2 0250 PROSPECT & FOXBROOK 6FT BENCH CONCRETE 1 0205 COLLEGE & LAKE V AD 1 1 2 0294 HORSETOOTH & SENECA 6FT BENCH CONCRETE 1 0237 ELIZABETH & KING SOOPERS V AD 1 1 2 0302 TAFT HILL & MANCHESTER 6FT BENCH METAL-AD 1 0239 ELIZABETH & SKYLINE EASTBOUND V AD 1 1 2 0307 TAFT HILL & BLEVINS 6FT BENCH CONCRETE 1 0240 ELIZABETH & CONSTITUTION (EB)V AD 1 1 2 0309 HORSETOOTH & DUNBAR 6FT BENCH CONCRETE 1 0243 ELIZABETH & CONSTITUTION (WB)V AD 1 1 2 0324 DRAKE & STOVER 6FT BENCH CONCRETE 1 0245 OVERLAND & GOLDEN CURRANT V AD 1 1 2 0326 DRAKE & VET SCHOOL 6FT BENCH METAL-AD 1 0251 PROSPECT & HEATHERIDGE V AD 1 1 2 0337 DRAKE & COLLEGE (W OF)6FT BENCH CONCRETE 1 0252 PROSPECT & SHIELDS V AD 1 1 2 0361 WILLOX & BLUE SPRUCE 6FT BENCH CONCRETE 1 0253 SHIELDS & LAKE V AD 1 1 2 0364 COLLEGE & BRISTLECONE 6FT BENCH CONCRETE 1 0273 LEMAY & PROSPECT V AD 1 1 2 0365 COLLEGE & CONIFER 6FT BENCH CONCRETE 1 0291 HORSETOOTH & MEADOWLARK V AD 1 1 2 0366 COLLEGE & ALPINE 6FT BENCH METAL-AD 1 0292 HORSETOOTH & COLONY V AD 1 1 2 0464 CITY PARK & PLUM 6FT BENCH CONCRETE 1 0293 HORSETOOTH & WINDMILL (W OF)ONE WAY AD 2 N/A 2 0481 TAFT HILL & VALLEY FORGE 6FT BENCH METAL-AD 1 0301 TAFT HILL & DRAKE V AD 1 1 2 0546 ELIZABETH & GLENMORE 6FT BENCH CONCRETE 1 0304 SHIELDS & STUART V AD 1 1 2 0617 DRAKE & TULANE (W OF)6FT BENCH CONCRETE 1 0310 HORSETOOTH & SHIELDS ONE WAY AD 2 N/A 2 0758 CHERRY & LOOMIS 6FT BENCH METAL-AD 1 0311 HORSETOOTH & TRADITION V AD 1 1 2 0769 OVERLAND & VINE 6FT BENCH CONCRETE 1 0312 HORSETOOTH & MANHATTAN V AD 1 1 2 0771 LAPORTE & OVERLAND 6FT BENCH CONCRETE 1 0335 DRAKE & SHIELDS V AD 1 1 2 0778 LAPORTE & JAMITH 6FT BENCH METAL-AD 1 0336 DRAKE & REDWING V AD 1 1 2 0790 PROSPECT & OVERLAND EB 6FT BENCH CONCRETE 1 0341 DRAKE & STANFORD V AD 1 1 2 0792 PROSPECT & LARCH 6FT BENCH CONCRETE 1 0359 CONIFER & REDWOOD V AD 1 1 2 RFP 10098 Transit Advertising Page 33 of 127 0799 LEMAY & KIRKWOOD 6FT BENCH METAL-AD 1 0363 COLLEGE & WILLOX (S OF)ONE WAY AD 2 N/A 2 0804 CENTRE & BAY NB 6FT BENCH CONCRETE 1 0465 ELIZABETH & CITY PARK V AD 1 1 2 0805 CENTER & BAY SB 6FT BENCH CONCRETE 1 0483 SHIELDS & DRAKE V AD 1 1 2 0808 BLUE SPRUCE & BUTCH CASSIDY 6FT BENCH CONCRETE 1 0544 ELIZABETH & AZURO V AD 1 1 2 0811 CONSTITUTION & ELIZABETH 6FT BENCH CONCRETE 1 0550 ELIZABETH & SKYLINE V AD 1 1 2 0812 DRAKE & WORTHINGTON 6FT BENCH METAL-AD 1 0552 ELIZABETH & TIMBER V AD 1 1 2 0813 DRAKE & MEADOWLARK 6FT BENCH CONCRETE 1 0554 ELIZABETH & OVERLAND V AD 1 1 2 0832 LAPORTE & SHIELDS 6FT BENCH CONCRETE 1 0636 COLLEGE & POUDRE RIVER TRAIL ONE WAY AD 2 N/A 2 0876 HARMONY & LARKBUNTING 6FT BENCH METAL-AD 1 0703 DRAKE & RESEARCH V AD 1 1 2 0885 LAPORTE & LOOMIS 6FT BENCH CONCRETE 1 0704 DRAKE & DAVIDSON ONE WAY AD 2 N/A 2 0890 LAPORTE & FORNEY 6FT BENCH CONCRETE 1 0705 DRAKE & WORTHINGTON ONE WAY AD 2 N/A 2 0891 LAPORTE & GRANDVIEW 6FT BENCH CONCRETE 1 0853 COLLEGE & MULBERRY V AD 1 1 2 0892 LAPORTE & TAFT HILL 6FT BENCH METAL-AD 1 0871 HARMONY & MASON ONE WAY AD 2 N/A 2 0893 TAFT HILL & LAPORTE (S OF)6FT BENCH CONCRETE 1 0877 HARMONY & HINSDALE V AD 1 1 2 0902 LAUREL & WASHINGTON 6FT BENCH CONCRETE 1 0901 LAUREL & SHIELDS V AD 1 1 2 0950 JEFFERSON & LINDEN 6FT BENCH METAL-AD 1 0906 LEMAY & SWALLOW V AD 1 1 2 0953 LINCOLN & LINK LANE 6FT BENCH CONCRETE 1 0907 LEMAY & OXFORD V AD 1 1 2 0955 LINCOLN & AIRPARK 6FT BENCH METAL-AD 1 0908 LEMAY & DRAKE V AD 1 1 2 0958 SOUTH FRONTAGE & SUMMIT VIEW 6FT BENCH METAL-AD 1 0914 OLIVE & REMINGTON ONE WAY AD 2 N/A 2 0965 LINCOLN & AIRPARK 6FT BENCH METAL-AD 1 0932 LEMAY & POUDRE VALLEY HOSPITAL V AD 1 1 2 0969 LINCOLN & 1ST 6FT BENCH METAL-AD 1 0934 LEMAY & STUART V AD 1 1 2 0981 LAPORTE & SHERWOOD 6FT BENCH CONCRETE 1 0935 LEMAY & COLUMBIA ONE WAY AD 2 N/A 2 1106 COLLEGE & FOSSIL CREEK 6FT BENCH CONCRETE 1 0936 LEMAY & DRAKE V AD 1 1 2 1125 SWALLOW & CAMELOT 6FT BENCH CONCRETE 1 0939 HORSETOOTH & LEMAY V AD 1 1 2 1224 HORSETOOTH & STOVER 6FT BENCH CONCRETE 1 0941 HORSETOOTH & STOVER V AD 1 1 2 1279 ZIEGLER & HARMONY 6FT BENCH CONCRETE 1 0946 STANFORD & SWALLOW SOUTHBOUND V AD 1 1 2 1290 PROSPECT & PROSPECT PKWY 6FT BENCH METAL-AD 1 0951 LINCOLN & 2ND V AD 1 1 2 1298 STOVER & GARFIELD 6FT BENCH CONCRETE 1 0952 LINCOLN & LEMAY (EB)V AD 1 1 2 1310 PROSPECT/WELSCH 6FT BENCH CONCRETE 1 0968 LINCOLN & LEMAY V AD 1 1 2 1311 STOVER & PROSPECT 6FT BENCH CONCRETE 1 1072 COLLEGE & HARMONY (S OF)ONE WAY AD 2 N/A 2 1322 JEFFERSON & LINDEN 6FT BENCH CONCRETE 1 1073 COLLEGE & CAMERON ONE WAY AD 2 N/A 2 1324 LEMAY & MULBERRY 6FT BENCH CONCRETE 1 1074 COLLEGE & SKYWAY ONE WAY AD 2 N/A 2 1332 OLIVE & PETERSON 6FT BENCH CONCRETE 1 1075 COLLEGE & TRILBY ONE WAY AD 2 N/A 2 RFP 10098 Transit Advertising Page 34 of 127 1339 PROSPECT PKWY & MIDPOINT 6FT BENCH CONCRETE 1 1105 COLLEGE & SKYWAY V AD 1 1 2 1362 SHIELDS & TROUTMAN 6FT BENCH METAL-AD 1 1143 CENTER & RESEARCH V AD 1 1 2 1363 SHIELDS & WABASH 6FT BENCH CONCRETE 1 1222 SHIELDS & UNIVERSITY V AD 1 1 2 1374 TAFT HILL & RAVEN VIEW 6FT BENCH METAL-AD 1 1248 HARMONY & WHEATON (E OF)ONE WAY AD 2 N/A 2 1390 HORSETOOTH & TAFT HILL 6FT BENCH CONCRETE 1 1258 HARMONY & MCMURRY (W OF)ONE WAY AD 2 N/A 2 1391 WILLOW & COLLEGE 6FT BENCH CONCRETE 1 1259 HARMONY & LEMAY ONE WAY AD 2 N/A 2 1394 OLIVE & MELDRUM 6FT BENCH CONCRETE 1 1266 HARMONY & TIMBERLINE (W OF)V AD 1 1 2 1400 MELDRUM & MULBERRY 6FT BENCH CONCRETE 1 1268 ROCK CREEK & ZIEGLER V AD 1 1 2 1403 SHIELDS & SWALLOW 6FT BENCH CONCRETE 1 1269 HARMONY & ZIEGLER ONE WAY AD 2 N/A 2 1404 SHIELDS & CENTRE 6FT BENCH CONCRETE 1 1316 LEMAY & ELIZABETH ONE WAY AD 2 N/A 2 1407 SHIELDS & DRAKE 6FT BENCH CONCRETE 1 1318 LEMAY & POUDRE RIVER DR ONE WAY AD 2 N/A 2 1408 SHIELDS & SWALLOW 6FT BENCH CONCRETE 1 1328 CUSTER & ILLINOIS V AD 1 1 2 1409 SHIELDS & CASA GRANDE 6FT BENCH CONCRETE 1 1340 PROSPECT & ROBERTSON ONE WAY AD 2 N/A 2 1411 SHIELDS & HORSETOOTH 6FT BENCH CONCRETE 1 1341 HARMONY & TIMBERLINE (E OF)ONE WAY AD 2 N/A 2 1412 SHIELDS & WABASH 6FT BENCH CONCRETE 1 1360 HARMONY & CORBETT ONE WAY AD 2 N/A 2 1413 PROSPECT & WELSCH 6FT BENCH CONCRETE 1 1361 HARMONY & TIMBERLINE (E OF)ONE WAY AD 2 N/A 2 1419 JFK & PAVILION 6FT BENCH METAL-AD 1 1367 LINCOLN & LEMAY (W OF)V AD 1 1 2 1424 ROCK CREEK & FOSSIL RIDGE HS 6FT BENCH CONCRETE 1 1368 LEMAY & WOODWARD V AD 1 1 2 1426 HARMONY & TECHNOLOGY 6FT BENCH CONCRETE 1 1371 TAFT HILL & PROSPECT (S OF)V AD 1 1 2 1429 COLLEGE & POUDRE RIVER TRAIL 6FT BENCH CONCRETE 1 1372 TAFT & CLEARVIEW V AD 1 1 2 1430 COLLEGE & CONIFER (N OF)6FT BENCH CONCRETE 1 1385 TAFT HILL & ORCHARD ONE WAY AD 2 N/A 2 1431 COLLEGE & BRISTLECONE 6FT BENCH CONCRETE 1 1401 SHIELDS & HORSETOOTH V AD 1 1 2 1432 BLUE SPRUCE & BUTCH CASSIDY 6FT BENCH CONCRETE 1 1402 SHIELDS & CASA GRANDE ONE WAY AD 2 N/A 2 1433 BLUE SPRUCE & BRISTLECONE 6FT BENCH CONCRETE 1 1405 SHIELDS & HILL POND V AD 1 1 2 1434 BLUE SPRUCE & CONIFER 6FT BENCH METAL-AD 1 1416 HARMONY & SHIELDS ONE WAY AD 2 N/A 2 1446 LADY MOON & HARMONY 6FT BENCH CONCRETE 1 1417 JFK & BOARDWALK ONE WAY AD 2 N/A 2 1447 WILLOX & BLUE SPRUCE 6FT BENCH CONCRETE 1 1418 JFK & TROUTMAN ONE WAY AD 2 N/A 2 1448 LAUREL & WASHINGTON 6FT BENCH CONCRETE 1 1420 HARMONY & SNOW MESA ONE WAY AD 2 N/A 2 1460 HARMONY & INNOVATION 6FT BENCH METAL-AD 1 1493 HORSETOOTH & ZIEGLER V AD 1 1 2 1461 HARMONY & BOARDWALK (W OF)6FT BENCH METAL-AD 1 1530 FOOTHILLS MALL (MAIN) NORTH SHELTER V AD 1 1 2 1462 COLLEGE & WILLOX (N OF)6FT BENCH CONCRETE 1 1530 FOOTHILLS MALL (MAIN) SOUTH SHELTER V AD 1 1 2 1470 COLLEGE & CONIFER 6FT BENCH METAL-AD 1 1531 KANSAS & LIMON V AD 1 1 2 1480 SWALLOW & STANFORD (E OF)6FT BENCH METAL-AD 1 1542DRAKE & PARKLAKE V AD 1 1 2 RFP 10098 Transit Advertising Page 35 of 127 1484 SHIELDS & SHIRE 6FT BENCH CONCRETE 1 1544 DRAKE & TIMBERLINE V AD 1 1 2 1485 LINDEN & WILLOW 6FT BENCH METAL-AD 1 1545 DRAKE & EASTWOOD ONE WAY AD 2 N/A 2 1486 DRAKE & RAINTREE 6FT BENCH METAL-AD 1 1548 DRAKE & GOVERNORS PARK V AD 1 1 2 1496 HOWES & MOUNTAIN 6FT BENCH METAL-AD 1 1550 SHIELDS & HARMONY ONE WAY AD 2 N/A 2 1535 SWALLOW & STOVER 6FT BENCH CONCRETE 1 1554 SHIELDS & TROUTMAN ONE WAY AD 2 N/A 2 1536 DRAKE & DUNBAR 6FT BENCH CONCRETE 1 1575 HORSETOOTH & LEMAY V AD 1 1 2 1546 DRAKE & BROOKWOOD 6FT BENCH CONCRETE 1 1579 HORSETOOTH & FORT COLLINS HS V AD 1 1 2 1547 DRAKE & LEMAY 6FT BENCH CONCRETE 1 1580 HORSETOOTH & TIMBERLINE ONE WAY AD 2 N/A 2 1577 HORSETOOTH & CARIBOU 6FT BENCH CONCRETE 1 1597 VINE & THREE FORKS ONE WAY AD 2 N/A 2 1578 HORSETOOTH & FIELDSTONE 6FT BENCH CONCRETE 1 1603 HORSETOOTH & KINGSLEY ONE WAY AD 2 N/A 2 1595 VINE & WATERGLEN 6FT BENCH CONCRETE 1 1622 DRAKE & POWER TRAIL V AD 1 1 2 1601 HORSETOOTH & MASON TRAIL 6FT BENCH CONCRETE 1 1650 STANFORD & MONROE SOUTHBOUND V AD 1 1 2 1602 HORSETOOTH & KINGSLEY 6FT BENCH CONCRETE 1 1664 LINCOLN & WOODWARD V AD 1 1 2 1605 HORSETOOTH & JFK 6FT BENCH CONCRETE 1 1688 CENTRO & NORTH FRONTAGE V AD 1 1 2 1606 HORSETOOTH & CARLTON 6FT BENCH CONCRETE 1 1452 MOUNTAIN & 3RD (BERTHOUD)V AD 1 1 2 1613 HARMONY & REGENCY 6FT BENCH CONCRETE 1 1457 MOUNTAIN & 2ND (BERTHOUD)V AD 1 1 2 1614 HARMONY & SENECA 6FT BENCH CONCRETE 1 TOTALS:148 74 224 1615 HARMONY & SILVERGATE 6FT BENCH CONCRETE 1 1616 HARMONY & TAFT HILL 6FT BENCH CONCRETE 1 1631 SHIELDS & SPRINGFIELD 6FT BENCH CONCRETE 1 1632 DRAKE & DORADO 6FT BENCH METAL-AD 1 1658 REDWOOD AND CAJETAN 6FT BENCH CONCRETE 1 1659 REDWOOD AND CAJETAN 6FT BENCH CONCRETE 1 1667 HARMONY AND COLLEGE 6FT BENCH METAL-AD 1 1687 TAFT HILL AND FISCH 6FT BENCH METAL-AD 1 TOTAL:121 RFP 10098 Transit Advertising Page 36 of 127 BUS NUMBER MODEL CURBSIDE- CONTRACTOR STREETSIDE- CONTRACTOR REAR- CONTRACTOR REAR- TRANSFORT INTERIOR ADS APPROX CURBSIDE ADS FOR TRANSFORT APPROX INTERIOR STREETSIDE ADS FOR CONTRACTOR NOTES 67 2009 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 68 2009 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 69 2009 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 73 2011 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 74 2011 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 75 2011 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 76 2011 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 77 2011 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 78 2011 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 79 2013 NABI 60FT LF BRT N/A N/A N/A N/A Yes 31 25 MAX bus- interior ads only 80 2013 NABI 60FT LF BRT N/A N/A N/A N/A Yes 31 25 MAX bus- interior ads only 81 2013 NABI 60FT LF BRT N/A N/A N/A N/A Yes 31 25 MAX bus- interior ads only 82 2013 NABI 60FT LF BRT N/A N/A N/A N/A Yes 31 25 MAX bus- interior ads only 83 2013 NABI 60FT LF BRT N/A N/A N/A N/A Yes 31 25 MAX bus- interior ads only 84 2013 NABI 60FT LF BRT N/A N/A N/A N/A Yes 31 25 MAX bus- interior ads only 85 2014 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 86 2014 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 87 2014 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 88 2014 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 89 2014 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 90 2014 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 91 2014 NABI 35FT LF 30x72 30x144 21x72 N/A Yes 18 16 92 2014 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 93 2014 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 94 2014 NABI 40FT LF 30x72 30x144 21x72 N/A Yes 21 19 95 2014 NABI 31FT LF N/A N/A N/A N/A Yes 16 14 HORN bus for CSU with wrap- interior ad space only 96 2014 NABI 31FT LF N/A N/A N/A N/A Yes 16 14 HORN bus for CSU with wrap- interior ad space only 97 2014 NABI 31FT LF N/A N/A N/A N/A Yes 16 14 HORN bus for CSU with wrap- interior ad space only 99 2014 NABI 31FT LF N/A N/A N/A N/A Yes 16 14 HORN bus for CSU with partial wrap- interior ad space only 100 2014 NABI 31FT LF 30x36 30x108 21x72 N/A Yes 16 14 101 2014 NABI 31FT LF 30x36 30x108 21x72 N/A Yes 16 14 102 2015 NABI 60FT LF BRT N/A N/A N/A N/A Yes 31 25 MAX bus- interior ads only ATTACHMENT C EXISTING BUS FLEET RFP 10098 Transit Advertising Page 37 of 127 103 2015 NABI 60FT LF BRT N/A N/A N/A N/A Yes 31 25 MAX bus- interior ads only 104 2018 GILLIG 40FT LF 30x72 30x144 N/A 17x72 Yes 21 19 105 2019 GILLIG 40FT LF 30x72 30x144 N/A 17x72 Yes 21 19 106 2019 GILLIG 40FT LF 30x72 30x144 N/A 17x72 Yes 21 19 107 2019 GILLIG 40FT LF 30x72 30x144 N/A 17x72 Yes 21 19 109 2018 GILLIG 40FT LF 30x72 30x144 N/A 17x72 Yes 21 19 110 2019 GILLIG 40FT LF - FLEX 30x72 30x144 N/A 17x72 Yes 21 19 111 2019 GILLIG 40FT LF - FLEX 30x72 30x144 N/A 17x72 Yes 21 19 112 2019 GILLIG 35FT LF 30x72 30x144 N/A 17x72 Yes 18 16 113 2021 GILLIG 35FT LF 30x72 30x144 N/A 17x72 Yes 18 16 114 2021 GILLIG 35FT LF 30x72 30x144 N/A 17x72 Yes 18 16 118 2021 GILLIG 35FT LF BEB N/A N/A N/A N/A Yes 18 16 BEB Excluded - exterior wrap, may be available for ads in the future 119 2021 GILLIG 35FT LF BEB N/A N/A N/A N/A Yes 18 16 BEB Excluded - exterior wrap, may be available for ads in the future 120 2022 GILLIG 35FT LF CNG 30x72 30x144 N/A 17x72 Yes 18 16 121 2022 GILLIG 35FT LF CNG 30x72 30x144 N/A 17x72 Yes 18 16 122 2022 GILLIG 35FT LF CNG 30x72 30x144 N/A 17x72 Yes 18 16 123 2024 GILLIG 35FT LF BEB 30x72 30x144 17x68 N/A Yes 18 16 No notes in EAM- BEB 124 2019 GILLIG 40FT LF 30x72 30x144 N/A 17x72 Yes 21 19 125 2024 Gillig 40FT LF BEB 30x72 30x144 17x68 N/A Yes 21 19 126 2024 Gillig 40FT LF BEB 30x72 30x144 17x68 N/A Yes 21 19 127 2024 Gillig 40FT LF BEB 30x72 30x144 17x68 N/A Yes 21 19 RFP 10098 Transit Advertising Page 38 of 127 ATTACHMENT D BUS STOP DESIGN STANDARDS & GUIDELINES Please note that the City is currently in the process of revising the bus stop design standards and guidelines, with an expected completion in late 2025. The awarded Service Provider will be responsible for remaining current on the City’s standards and guidelines, including any updates/revisions, throughout the term of the Agreement. RFP 10098 Transit Advertising Page 39 of 127 BUS STOP DESIGN STANDARDS & GUIDELINES July 21, 2015 RFP 10098 Transit Advertising Page 40 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES ACKNOWLEDGEMENTS: Technical Advisory Committee Noah Al Hadidi, CSU Student Sarah Allmon, Barrier Busters Public Transportation Advisory Group (PTAG) Vivian Armendariz, Citizen Michael Devereaux, PTAG, Commission on Disability Kathryn Grimes, Bike Advisory Commission Jamie Rideoutt, Lamar Advertising Company Ed Roberts, Transportation Board (past member) Carol Thomas, Transfort Safety, Security and Training Manager Project Management Team Emma Belmont, Transfort — Transit Planner Steve Gilchrist, Traffic — Traffic Engineer Aaron Iverson, FC Moves — Senior Transportation Planner Tim Kemp, Engineering — Civil Engineer III Tom Knostman, Streets — Pavement Engineer Kathleen Walker, Transfort — Operations Manager Graphics and Formatting Slate Communications BHA Design Incorporated RFP 10098 Transit Advertising Page 41 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES CONTENTS 1. OVERVIEW 1.1 PURPOSE 1.2 THE DEVELOPMENT OF THESE STANDARDS AND GUIDANCE 1.3 INTEGRATION WITH OTHER STANDARDS GUIDANCE 2. THE BIG PICTURE 2.1 INTRODUCTION 2.2 TRANSIT SYSTEM OVERVIEW 2.3 BUS STOP INSTALLATION AND UPGRADE — HOW DOES IT HAPPEN? 2.4 OBSTACLES TO IMPROVING TRANSIT INFRASTRUCTURE 2.5 BUS STOP MAINTENANCE AND ADVERTISING 3. STREET-SIDE CHARACTERISTICS 3.1 INTRODUCTION 3.2 STOP SPACING 3.3 STOP LOCATING 3.4 IN-STREET DESIGN 3.5 TECHNICAL DETAILS 4. CURB-SIDE CHARACTERISTICS 4.1 INTRODUCTION 4.2 UNIVERSAL DESIGN AND ADA ACCESSIBILITY 4.3 BUS STOP TYPES 4.4 AMENITIES 4.5 BUS STOP TYPE DETERMINATION 5. NEXT STEPS 5.1 INTRODUCTION 5.2 TRANSFORT BUS STOP IMPROVEMENT PLAN 5.3 RECOMMENDED FUTURE ACTIONS 6. APPENDIX 6.1 BUS STOP DEVELOPMENT FORM 6.2 LAND USE CODE SECTION 3.6.5 6.3 TECHNICAL DESIGNS (As Incorporated into Larimer County Urban Area Street Standards) 6.4 CITIZEN ADVISORY COMMITTEE LETTER OF SUPPORT RFP 10098 Transit Advertising Page 42 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 1 1. OVERVIEW 1.1 PURPOSE The purpose of the Bus Stop Design Standards and Guidelines document is to assist City staff, developers, local partners and private property owners in locating and designing bus stops and their associated passenger amenities within the City of Fort Collins as well as the greater Transfort service area. The document consists of five chapters: • Overview — discusses how to use the standards and guidance • The Big Picture — discusses the transit network as it currently exists and the envisioned future of transit service in Fort Collins • Street-side Characteristics — discusses the factors associated with the roadway that influence bus operations • Curb-side Characteristics — discusses the factors associated with the comfort, safety and convenience of patrons at bus stops • Next Steps — discusses Transfort’s approach to pursue capital improvements and outlines related action items related to bus stop accessibility RFP 10098 Transit Advertising Page 43 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 2 1.2 THE DEVELOPMENT OF THESE STANDARDS AND GUIDANCE This guidance document was created with the assistance of a Citizen Advisory Committee (CAC), created by Transfort, comprised of local transit riders, cycling advocates, safety specialists, urban designers, students, media professionals, Transfort staff and other interested parties. The CAC members included individuals with a wide range of abilities and experiences with the transit network. A project management team (PMT) of City staff also assisted in the development of this document. This group focused on the technical components and safety considerations as they relate to bus stops. The following City departments were represented in the PMT: Engineering, FC Moves, Planning, Streets, Traffic, and Transfort. In addition, Transit Cooperative Research Program (TCRP) Report 19 – Guidelines for the Location and Design of Bus Stops, as well as various other transit agency bus stop design documents, provided best practices and general guidance in the development of the standards and guidance outlined in this document. 1.3 INTEGRATION WITH OTHER STANDARDS AND GUIDANCE There are various tools that work in tandem with this standards and guidance document. Within the Transfort department, other important guidance tools that may provide guidance on facilities and services include: Transfort Strategic Operating Plan (TSOP), Transfort Operating Manual (TOM), and Transfort Service Standards. Additional documents that govern site development include: Fort Collins Land Use Code (LUC) and Larimer County Urban Area Street Standards (LCUASS). If conflicts arise between these documents, the more specific and/or stringent standard will apply. RFP 10098 Transit Advertising Page 44 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 3 2. THE BIG PICTURE 2.1 INTRODUCTION Bus stops are a critical part of the transit system as they serve as the first point of contact between the customer and the service. In addition, bus stop placement throughout the community acts to promote alternative modes of transportation to the traveling public. The spacing, location and design all affect the operation of the transit system and, in turn, the transit patron’s satisfaction. The standards and guidance in this document are intended to guide the design of transit stops that complement their immediate surroundings, meet the transit patron’s comfort and safety needs, and support an efficient transit network. The placement of transit stops is guided by safety considerations, community context, patron’s origins and destinations, opportunity, and Transfort’s strategic planning efforts. The TSOP is Transfort’s long range planning tool; however, it is possible that community growth and change will occur in ways not anticipated by the TSOP, and therefore routes and bus stops may be different from those envisioned in the TSOP. The TSOP proposed long range routes are depicted in Figure 2 below. 2.2 TRANSIT SYSTEM OVERVIEW The City of Fort Collins operates its own transit system, which is branded as Transfort. Transfort operates fixed route transportation within the City of Fort Collins and in parts of unincorporated Larimer County. Complementary paratransit service is contracted to and operated by Veolia Transportation. A regional express route, known as FLEX, is provided through a partnership between Fort Collins, Loveland, Berthoud, Longmont and Boulder County. Transfort bus stops are located within Fort Collins city limits as well as in unincorporated Larimer County, the City of Loveland, the Town of Berthoud, Boulder County and the City of Longmont. Transfort’s route map (August 2015) is provided below in Figure 1. Following Figure 1 is a map of the long range vision for transit service in and surrounding Fort Collins, Figure 2. This map illustrates the TSOP vision for a full transition into a productivity-based grid system. It incorporates the Phase 3 planned routes, along with additional recommendations from other adopted plans RFP 10098 Transit Advertising Page 45 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 4 and new routes that have been added since the TSOP’s adoption. The purpose of this map is to indicate where new bus stops will be located as development occurs throughout the city. VINE DR. MULBERRY ST. PROSPECT RD. DRAKE RD. HORSETOOTH RD. HARMONY RD. OV E R L A N D T R A I L TA F T H I L L R D . LE M A Y A V E . TI M B E R L I N E R D . I- 2 5 SH I E L D S S T . CO L L E G E A V E . LAPORTE AVE. ELIZABETH ST. 6 19 91 33 18 16 14 12 10 9 92 81 7 5 32 31 DTC CTC STC 8 2 Figure 1 — Transfort All Routes Map (Effective August 2015) RFP 10098 Transit Advertising Page 46 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 5 Figure 2 — Transfort Strategic Operating Plan Phase 3 Routes and Proposed Changes RFP 10098 Transit Advertising Page 47 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 6 2.3 BUS STOP INSTALLATION AND UPGRADE — HOW DOES IT HAPPEN? There are just over 500 existing bus stops in the Transfort system; of these, some meet the standards outlined in this document and some do not. In addition to existing bus stops that Transfort currently serves, the TSOP sets forth a plan for expanded service which will require new transit facilities throughout Transfort’s service area. There are a variety of ways transit facilities are installed and upgraded throughout the Transfort system, and they are described below: • Transfort’s Capital Improvement Plan — The Improvement Plan, which is based on location specific criteria, identified in the Bus Stop Development Form (Appendix 1) and Section 4.5, prioritizes bus stop improvements in the Transfort Service Area. Transfort anticipates an annual budget of $100,000, based on dedicated tax revenue (Building on Basics), for bus stop improvements. It is estimated that this amount will fund approximately 7–10 bus stops annually. Transfort also pursues grants to fund additional improvements. Improvements are generally implemented according to the Improvement Plan, but obstacles do arise as described in Section 2.4. • Transfort’s Service Agreement for Bus Stops — Transfort contracts with an advertising company for the installation, provision of passenger amenities and maintenance of Transfort’s bus stops. This agreement permits Transfort to request solid surface upgrades to bus stops that are located within public right-of-way (ROW) and installation of passenger amenities at bus stops in Transfort’s service area. In a typical year, this agreement provides for the upgrade of approximately 10 bus stops. • Development and/or Redevelopment — As properties develop and redevelop within city limits the City’s Land Use Code (LUC) requires that the development accommodate both the existing and planned transit network (LUC Section 3.6.5 text included in Appendix 2). This requires developers to provide the necessary transit infrastructure and passenger amenities, if applicable, on or adjacent to their property. Developer responsibilities may include: dedicating additional public ROW; dedicating a Transit Easement; installation of a bus stop solid surface; installation of a bus pullout; and installation of or payment in lieu for RFP 10098 Transit Advertising Page 48 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 7 the applicable bus stop passenger amenities, all in accordance with the standards set forth in this document.  Transfort does not have control over which stops are improved via this method. Bus stop improvements may not be in accordance with the Improvement Plan Priorities set forth in this document. • City Capital Improvement and Street Maintenance Projects — Every year the City’s Engineering and Streets Departments implement capital improvements and street maintenance. These departments manage infrastructure improvements and work with Transfort to help upgrade bus stops, as needed in the area of the project’s impact. Since stops improved through this method are opportunistic, improvements may not reflect the same priorities as listed in the Improvement Plan. RFP 10098 Transit Advertising Page 49 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 8 2.4 OBSTACLES TO IMPROVING TRANSIT INFRASTRUCTURE Many obstacles exist outside of Transfort’s control, which makes providing quality transit facilities challenging at times. Obstacles to improving bus stops include: available space (including public ROW) for stop infrastructure (solid surface and passenger amenities); accessible neighborhood sidewalks connecting to stops; accessible street crossings; and temporary obstacles such as those due to weather events like snow, rain or hail. Transfort actively works with other City departments to make improvements to the sidewalk network and to add accessible bus stops in conjunction with City construction activities. However, it will take many years for all stops to be improved because infrastructure deficiencies are widespread. Images 1, 2 and 3 below demonstrate some of the obstacles that limit transit facility improvements. Image 1 Image 2 Laporte and Overland Eastbound (EB ) Obstacles: • Limited public ROW • No sidewalks Shields and Swallow Northbound (NB) Obstacles: • Limited public ROW Image 3 Harmony and Corbett (EB) Obstacles: • Covered section of ditch runs between sidewalk and edge of street RFP 10098 Transit Advertising Page 50 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 9 2.5 BUS STOP MAINTENANCE AND ADVERTISING Transfort, like many transit agencies across the nation, utilizes advertising revenue to provide both maintenance of and passenger amenities at bus stops. Transfort contracts this service with an advertising contractor, allowing them to advertise at Transfort bus stops. In return, Transfort benefits from a portion of the advertising revenue, as well as the contractor’s maintenance of bus stops (including snow removal) and the contractor’s provision of passenger amenities and solid surface installation at locations within public ROW. However, advertising is not permitted at all bus stops within Transfort’s network. In single family residential areas, for example, advertising is limited to side-yards. In addition, certain areas may not be appropriate for advertising, such as historically significant sites. In such cases, Transfort has a limited number of non-advertising bus stop benches and shelters that can be used if advertising is deemed to be incompatible with the character of the area. Images 4–7 below are examples of advertising at Transfort bus stops. Image 4 Harmony and Timberline (EB) Image 5 Image 6 Image 7 Harmony and Larkbunting (WB) Rock Creek at Fossil Ridge High School (EB)Taft Hill and Drake (NB) RFP 10098 Transit Advertising Page 51 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 10 3. STREET-SIDE CHARACTERISTICS 3.1 INTRODUCTION This section discusses preferred and alternative street-side or in-street stop designs. Street-side characteristics refer to features associated with the roadway that influence transit operations. These features include elements such as: traffic speeds, street design, intersection design and the location of acceleration/deceleration lanes. Street-side features influence the location of and in-street design of bus stops. It is important to note that since stop designs were developed based on standard roadway characteristics, the on-site context may call for locations or designs that are tailored to that context. Ultimately, Transfort staff, with the input from the City’s Traffic, Engineering and FC Moves Departments, will make the final decision on the location and design that is appropriate for a given situation. Image 8 Street-side Characteristics RFP 10098 Transit Advertising Page 52 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 11 3.2 STOP SPACING Stop spacing refers to the distance between stops along a bus route. Stop spacing takes into consideration the trade-offs between vehicle travel times and walking distances to bus stops. While more frequently placed bus stops reduce walking distances, it also slows down bus service. In contrast, longer distances between stops increases vehicle speed but may result in customers having to walk longer distances to get to bus stops. This is described in TCRP’s Report 19 as trade- offs between operating efficiencies and customer accessibility, as follows: Table 1 — Trade-offs of Stop Spacing TCRP Report 19 also describes the industry standards for bus stop spacing typically being subdivided by land use types/densities or locating stops near major trip generators. This suggests using closer spaced stops in more densely populated areas, such as the central business core, and increasing space between stops when approaching more suburban and rural areas of the community. In addition Bus Rapid Transit (BRT) type routes generally suggest an increased distance between stops to decrease travel times. Table 2 below describes typical ranges for the different land use environments. Transfort uses these ranges as references, but in general the main considerations for bus stop locating and spacing are safety, such as reducing bus and vehicle conflicts, and major trip generators, such as, community activity centers and concentrations of residences and businesses. Where feasible, stops shall be located approximately ¼ mile apart. In locations where stop spacing is more then ⅓ mile apart, a midpoint stop may be considered if adjacent land uses warrant such additional stop placement. Close stops (every block or ⅛ mile – ¼ mile spacing) Further distance between stops (Beyond ¼ mile spacing) •Short walking distances •More frequent stops, creating longer travel time •Longer walking distances •Less frequent stops, creating shorter travel time RFP 10098 Transit Advertising Page 53 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 12 Table 2 — Recommended Bus Stop Spacing 3.3 STOP LOCATING There are three location options for bus stops: near-side, far-side and mid-block, as shown in Figure 3 below. Far-side stops are, in general, Transfort’s preferred stop location because they are shown to be the safest for passengers exiting the bus and minimize conflicts with other vehicles. However, a mid-block or near-side stop may be more appropriate in some situations. Many factors influence the location of stops, such as site specific safety considerations, traffic patterns, intersection geometry, passenger origins and destinations, pedestrian accessibility, route design and available space. Transfort staff determine which stop location is most appropriate for each individual situation, and Table 3 may be used to help make a decision based on the trade- offs of each possible location. Environment Route Type Spacing Range Urban Area (within a City Plan Activity Center, see Figure 20 in Section 4.5) Local Route ⅛ – ¼ Mile Express or Bus Rapid Transit Route ½ – 1 Mile or As Needed Suburban Area Local Route ¼ – ½ Mile Express or Bus Rapid Transit Route 1 Mile or As Needed Rural Area Local Route As Needed Express or Bus Rapid Transit Route As Needed RFP 10098 Transit Advertising Page 54 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 13 Figure 3 — Near-Side, Far-Side and Mid-Block Stops Locations RFP 10098 Transit Advertising Page 55 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 14 STOP LOCATION ADVANTAGES DISADVANTAGES NEAR-SIDE STOP Use if: • Destinations are focused at the near-side corner • Route pattern calls for near-side location • Available space is limited on far-side • Allows passengers to access buses close to the crosswalk • Eliminates the potential for double stopping — passenger loading can occur when bus is stopped at the signal • Increases conflict with right-turning vehicles • May result in stopping buses obscuring curbside traffic control devices and crossing pedestrians • May block the through traffic lanes during peak hours • May cause sight distance problems for pedestrians and motorists • May increase rear-end accidents if drivers aren’t anticipating the bus stopping before the intersection • Vehicles may attempt to turn in front of a stopped bus that is beginning to pull away FAR-SIDE STOP Use if: • Destinations are on both sides of street or on the far side of the intersection • Minimizes conflicts between right- turning vehicles and buses • Allows for additional right-turn capacity (because bus is not stopping in the right turn lane) • Minimizes sight distance difficulties on approach to intersections • Encourages pedestrians to cross behind the bus • Bus can merge into traffic more easily, taking advantage of gaps • Stopped buses may block intersections during congested periods • May cause a bus to stop twice in short order: once at a red light and once at the bus stop • May increase rear-end accidents if drivers do not anticipate the bus stopping after the intersection MID-BLOCK STOP Use if: • Block size is large and/or destinations are focused mid-block • Route pattern calls for mid-block stop • Minimizes sight distance difficulties at intersections • Removes the influence of traffic congestion occurring at intersections • Encourages passengers to cross mid-block (jaywalk) • Increases walking distance for patrons to cross at intersections Table 3 — Recommended Bus Stop Location RFP 10098 Transit Advertising Page 56 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 15 3.4 IN-STREET DESIGN The In-Street Design refers to the location that the bus stops in the street to approach the bus stop, such as in a bus pullout, travel lane, bike lane or on a road shoulder. Determining what design is appropriate depends on safety considerations, street design, available space, ridership and other factors. Most of Transfort’s buses stop in bike or travel lanes, but bus pullouts may be used in areas where there is high ridership, a large number of route transfers or where traffic is considered to be high volume. Queue jumps refer to an intersection design that allows the bus to move ahead of queueing traffic to progress through high congestion intersections quicker. Queue jumps and bus pullouts typically originate from recommendations of a corridor, sub-area or service-related planning effort (e.g. Harmony Road Enhanced Travel Corridor Alternatives Analysis, Lincoln Corridor Plan, or West Central Area Plan). In addition, a bus pullout may be required when multiple routes transfer at the location. Foothills Mall provides an example of such a situation. In-Street Design alternatives are illustrated below in Figures 4 and 5. Bus pullouts, shall be designed to the detail shown in LCUASS drawing 711. The flow chart in Figure 6 helps to determine what In-Street Design is appropriate, and the trade-off of each design is described in Table 4. RFP 10098 Transit Advertising Page 57 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 16 Figure 4 — In-Street Bus Stop Design Alternatives RFP 10098 Transit Advertising Page 58 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 17 Figure 5 — Bus Stop Zone Dimensions (where on-street parking is present) RFP 10098 Transit Advertising Page 59 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 18 Figure 6 — In-Street Design Recommendations Is a design recommended as part of an adopted plan? YES Use design identified in the Plan NO Is the stop a transfer location? YES What volume of transfers are anticipated? NO Is there on-street parking? YES NO A Bulbout stop is most likely appropriate A Curbside stop is appropriate HIGH VOLUME (BRT connections or more than 3 routes serve the stop) LOW VOLUME (2-3 low frequency routes) How many travel lanes are on the adjacent road? A Bus Pullout or Open Bus Bay is appropriate 1 in each direction A Bus Pullout or Open Bus Bay is appropriate 2 or more in each direction RFP 10098 Transit Advertising Page 60 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 19 STOP LOCATION ADVANTAGES DISADVANTAGES CURBSIDE STOP (Typical) • Provides easy approach for bus drivers and results in minimal delay to the bus • Simple design and inexpensive to install • Easy to relocate • Can cause traffic delays since bus stops in the travel lane • May cause drivers to make unsafe passing maneuvers BUS PULLOUT (Route transfer stop and/or on roads with two travel lanes) • Bus is out of travel lane, minimizing delay to traffic • Passengers board/alight out of traffic • Re-entry into congested traffic can be difficult and cause delays • Expensive to install, making relocation difficult/expensive OPEN BUS BAY • Allows the bus to decelerate in the intersection • See Bus Pullout advantages • See Bus Pullout disadvantages QUEUE JUMP • Allows bus to bypass queued traffic • See Bus Pullout advantages • May delay right turning vehicles • See Bus Pullout disadvantages BULBOUT/NUB (For locations with on-street parking) • Removes fewer parking spaces than others • Decreases walking distances to bus stops for pedestrians • Provides additional sidewalk area for passengers • Results in minimal delay for buses • Costs more to install compared to curbside stops • See Curbside Stop disadvantages Table 4 — Recommended Bus Stop In-Street Design RFP 10098 Transit Advertising Page 61 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 20 4. CURB-SIDE CHARACTERISTICS 4.1 INTRODUCTION This section describes criteria that all bus stops shall meet, provides preferred layout of passenger amenities at stops and recommends how amenities should be distributed throughout the Transfort service area. Curbside characteristics refer to features associated with the comfort, safety and convenience of customers at bus stops outside of the roadway. These features include factors like sidewalk width, connections to adjacent land uses, and bus stop passenger amenities such as shelters, benches, bike racks, trash and recycling receptacles and lighting. Newly constructed or altered bus stops shall meet the standards in this section to the maximum extent feasible. Image 9 Curb-side Characteristics RFP 10098 Transit Advertising Page 62 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 21 4.2 UNIVERSAL DESIGN AND ADA ACCESSIBILITY The Americans with Disabilities Act of 1990 regulated enforceable accessibility standards for new construction and alterations to places of public accommodation, which include bus stops. The 2010 ADA Standards for Accessible Design, the most recent guidance, outlines the following four basic principles to accomplishing ADA accessibility at bus stops, as it applies to all newly constructed or altered Transfort bus stops. 1) Surface — the bus stop boarding and alighting area shall have a firm, stable surface; 2) Dimensions — the bus stop boarding and alighting area shall provide a clear length of 8' minimum, measured from the curb, and a clear width of 5' minimum, measured parallel to the roadway. Figure 6 — ADA Dimensions of Bus Boarding and Alighting Area 3) Connection — the bus stop boarding and alighting area shall be connected to streets, sidewalks, or pedestrian paths by an accessible route, of at least 4' wide. 4) Slope — the slope of the bus stop boarding and alighting area shall be the same as the roadway to the maximum extent practical, and not steeper than 1:48, a 2% grade. RFP 10098 Transit Advertising Page 63 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 22 If a bus stop has a shelter, there shall be a minimum clear floor space of 30" wide by 48" deep inside the shelter and an accessible path leading from the shelter to the boarding and alighting area. Figure 7 — ADA Interior Bus Shelter Space 4.3 BUS STOP TYPES Transfort has four typical stop types tailored to the context of each stop area. Higher ridership areas or areas with high concentrations of youth, senior, disabled or low-income populations are recommended to have a higher level of patron amenities such as a shelter, bench, bike rack, trash receptacle and lighting. Lower ridership areas may have fewer amenities. The Bus Stop Development Form (Appendix 1) will assist in determining what stop type is appropriate. The stop types are described below: RFP 10098 Transit Advertising Page 64 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 23 Figure 8 Type I Standard (Detached sidewalk) Figure 9 Type I Constrained (Attached sidewalk) Images 10 and 11 — Existing Type I Standard Stop Examples: Shields and Rolland Moore Park SB Bus Stop Harmony and Taft Hill EB Bus Stop • Type I – Sign Stop — A bus stop with a bus stop sign and basic ADA accessible landing surface are the primary features of this stop type, meaning there is no bench or shelter. This is the most basic stop type and is appropriate for low land-use density and low ridership areas. Figures 8 and 9 and images 10 and 11 show standard and constrained options for this type of stop, depending on the available right-of-way and sidewalk design. RFP 10098 Transit Advertising Page 65 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 24 Figure 10 Type II Standard (Detached sidewalk) Figure 11 Type II Constrained (Attached sidewalk) Images 12 and 13 — Existing Type II Standard and Constrained Examples (to comply with above design, these stops need the addition of a bike rack and trash receptacle) Shields and Centre Avenue NB Bus Stop Lincoln Avenue and Buckingham Park WB Bus Stop • Type II – Bench Stop — This describes a bus stop with a stand-alone bench as the primary feature, and which does not include a shelter. The stop should also have a bus stop sign, bike rack and trash receptacle. The most appropriate use of Bench Stops is areas with low to mid ridership potential. Figures 10 and 11 and images 12 and 13 show standard and constrained options for Type II – Bench Stops. RFP 10098 Transit Advertising Page 66 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 25 • Type III – Shelter Stop — This describes a bus stop with a shelter as the primary feature. This stop type should also include a bus stop sign, at least one bench, a trash receptacle, one or more bike racks, interior lighting and advertising panels. A Shelter Stop should be used in areas with medium to high ridership potential, high concentrations of elderly, youth, disabled and low-income populations and in areas with high exposure to the elements. • There are four alternative designs for Type III stops. The alternative chosen depends on the sidewalk design, public right-of-way and existing structures that may render the standard design impractical. Transfort staff will assist in determining which design is appropriate for each individual situation. Figures 12–19 and images 14–17 show examples of Type III Shelter Stop configurations. The existing stop images aren’t necessarily compliant with the organization/siting recommendations for passenger amenities in this section, for the appropriate organization/siting of passenger amenities, see the “amenity detail” following each Type III configuration. Figure 12 Type III Standard (Detached sidewalk) RFP 10098 Transit Advertising Page 67 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 26 Figure 13 Type III Standard (Detached sidewalk) — Amenity Detail Figure 14 Type III Constrained (Detached sidewalk) Figure 15 Type III Constrained (Detached sidewalk) — Amenity Detail RFP 10098 Transit Advertising Page 68 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 27 Figure 16 Type III Constrained (Attached sidewalk) Figure 17 Type III Constrained (Attached sidewalk) — Amenity detail Figure 18 Type III Wide Parkway (Detached sidewalk) RFP 10098 Transit Advertising Page 69 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 28 Figure 19 Type III Wide Parkway (Detached sidewalk bus stop) — Amenity detail Image 14 and 15 Existing Type III Examples * These do not meet the siting/organization of passenger amenity recommendations detailed in this section. Over time stops will be upgraded to meet revised standards, see Section 5.2 for more information. Images 16 and 17 — New Shelter Examples RFP 10098 Transit Advertising Page 70 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 29 • Type IV – Station Stop — This describes a bus stop that has enhanced passenger amenities such as a ticket vending machine, real time next bus LED and/or digital signage, a unique shelter structure, as well as the standard passenger amenities provided at Type III stops. Elements required at a Station Stop include those identified in Image 18 and Section 4.4 below. MAX Stations are currently the only Station Stops in Transfort’s system. Stations should be used on specialty routes, most often in Enhanced Travel Corridors as defined in the Transportation Master Plan as “uniquely designed corridors that are planned to incorporate high frequency transit, bicycling and walking as part of the corridor.” Image 18 — Example Station Stop Image 19 — Troutman Station (Concept) Image 20 — Troutman Station (Built) RFP 10098 Transit Advertising Page 71 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 30 4.4 PASSENGER AMENITIES Passenger amenities are a significant element in attracting people to use public transportation. Shelters are the most preferred passenger amenity because they offer the best protection from the elements. Other important amenities include: benches; customer information such as transit maps; real-time bus arrival information and directional signage; lighting; bike racks; and trash and recycling facilities. All passenger amenities should be located within public right-of-way or within a dedicated transit easement. The Bus Stop Passenger Amenities required, based on Stop Type described in Section 4.3, are provided in Table 5. In addition, see the Bus Stop Development Form in Appendix 1 for determining stop type. • Bus Stop Sign — All active bus stops (except Type IV Station Stops) are required to have a Transfort bus stop sign. Signage includes a round bus stop sign and a routes served sign. Transfort will arrange for the installation of the signage at the time service is initiated at a stop. • Solid Surface and full ADA Accessibility — All newly constructed or altered bus stops shall have a solid surface at least as large as the minimum size described in the Stop Types in Section 4.3 and comply with the four dimensions of accessibility described in Section 4.2. Newly implemented routes offer an exception to this rule, as sometimes stop locations need to be monitored to ensure they are in the best location prior to making the full investment upgrading the stop infrastructure. Final stop locations are generally finalized within two years. • Bench – All new benches shall be selected from the options described in this section and shall be powder coated in either RAL 7047 (for benches in shelters) or RAL 7039 (for stand-alone benches), refer to the Shelter Paint Colors on page 31. Images 21-23 depict the acceptable options. Image 21 Image 22 Image 23 6' Stand-alone ad bench REF RFB-14 4793-121 5–7' In-shelter non-ad bench REF SFB-02 14001-121 5' In-shelter non-ad bench REF SFB-08 12096-121 RFP 10098 Transit Advertising Page 72 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 31 • Shelter — All new shelters (not including Type IV Stations) shall be selected from the options described in this section and be powder coated in RAL 7047 and RAL 6017 as depicted in the examples below. Walls shall be either perforated metal or custom glass with the official Transfort branded banner and routes served information as shown in images 24–27. A double-sided advertising panel is the standard requirement. The non-ad shelter option is only available upon Transfort’s approval. In addition, shelters are preferred to incorporate solar panels for lighting or shall be directly wired for electric service. Image 24 Image 25 14' Standard Non-advertising shelter (Use must be approved by Transfort) REF SIGNA-TFP14 15' Standard advertising shelter REF SIGA-TFP15 25340-00 Image 26 Image 27 18' Upgraded ad shelter with V-ad Panels REF SIGA-TFV 24343 15' Upgraded ad shelter with glass walls REF SIGA-TFG15 25341-00 RFP 10098 Transit Advertising Page 73 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 32 RAL Paint Colors SHELTER PAINT COLORS GREEN: #RAL 6017 SILVER: #RAL 7047 RFP 10098 Transit Advertising Page 74 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 33 • Bike Racks — Bike racks are recommended at all bus stops and specifically required at all type II–IV stops. The preferred bike rack style is a simple hitching post or inverted U, as shown below, and should be powder coated in RAL 7047, RAL 7039 or RAL 6017. Image 30 (4 or 5 bike)Image 29 (2 bike)Image 28 (2 bike) REF SFM-05 25390-121 REF SFM-06 25391-121 REF SFM-10 25392-121 • Trash and Recycling Receptacles — Trash and recycling receptacles are required at all Type III and IV stops and are an option at Type I and II stops. Lower ridership stops may utilize a pole mounted trash receptacle, and higher ridership stops (projected over 25 daily boardings) shall provide a stand-alone trash receptacle from the options below, and should be powder coated in RAL 7047 or RAL 7039. Image 31 Image 32 Pole Mounted REF SFTR-10 25393-121 25394-121 32 Gallon Steel Strap REF SFTR-11 25395-121 25396-121 RFP 10098 Transit Advertising Page 75 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 34 • Lighting — Solar lighting panels are included on the roof of the approved shelter options described previously. Type I and II stops typically do not have their own lighting, and instead utilize nearby street lights and lighting from neighboring businesses. Pole mounted lighting may be an option for stops with limited nearby lighting. • Transit System Map — Transfort installs transit system maps at high ridership Type III stops (over 50 daily boardings). System maps are only installed at Type III stops because the shelter provides a mounting location for the map display case. • Transit Route Map/Schedules(s) — Transfort typically installs individual route maps at high ridership Type III stops (over 50 daily boardings). Route maps are only installed at Type III stops because the shelter provides a mounting location for the map display case. • Ticket Vending Machine (TVM) — Ticket vending machines are included at MAX stations and in the example Type IV Station Stop design, as shown in Images 18–20. However, while TVMs remain a recommended element, the need for TVMs may be reduced as Transfort moves towards mobile ticket purchase options. • Digital Signage — Digital signage is recommended at all Type IV Station Stops and may be installed by Transfort at high use and/or transfer bus stops. Digital signs, which are LED panels and/or LCD screens, typically display real-time bus arrival information, rider alerts, and other critical passenger information. • Ground Mounted Tactile — Type IV Station Stops are recommended to include ground mounted tactile surfaces adjacent to boarding and alighting areas. • Paper Schedules — Paper schedules are typically provided just at transit centers, but could be considered for high ridership stops as needed. This information would be provided by Transfort. • Security Cameras and Emergency Call Box — Security cameras and emergency call boxes are recommended to be provided at Type IV Station Stops. • Wind Screen — Wind screens are integrated into the standard shelter designs, but depending on the orientation of the shelter, the standard wind screens may not be adequate for the specific location. If wind is deemed to be an issue at a particular stop, a custom wind panel should be considered in addition to or in lieu of the standard shelter wind panel. RFP 10098 Transit Advertising Page 76 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 35 • Secure Bike Parking — Secure bike parking is an optional element at any stop, but should be considered at high use stops, especially transit centers and/or park-n-rides. • Braille Signage — Braille signage is not a standard element at bus stops, but has been recommended to be evaluated further following the completion of this document. Section 5.3 discusses next steps related to Braille Signage. • Wayfinding Signage — Wayfinding signage is optional at all bus stops but is recommended at Type IV Station stops. Bus Stop Amenities Type I Type II Type III Type IV Bus Stop Sign Solid Surface 5' x 8' Landing Pad 4' Path Connection to adjacent sidewalks Minimal Slope Bench Shelter Custom Shelter Bike Rack(s) (At least 1 rack recommended at all stops [except Type I], additional racks may be required based on projected ridership) Trash and Recycling Facilities Lighting Transit System Map Route Map/Schedule(s) Ticket Vending Machine (TVM) Digital Signage Ground Mounted Tactile Paper Schedules Security Cameras and Emergency Call-box Wind Screen Secure Bike Parking Braille Signage Wayfinding Signage Legend: Required Amenity Recommended Amenity Optional Amenity Table 5 — Bus Stop Amenities RFP 10098 Transit Advertising Page 77 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 36 4.5 BUS STOP TYPE DETERMINATION The selection of the appropriate stop type should consider both qualitative and quantitative measures, such as: • ridership potential and/or existing ridership, • neighboring land uses, including concentrations of youth, seniors, disabled, and low-income populations (e.g. schools, housing or social service agencies) • proximity to defined activity centers (as part of City Plan), and • exposure to the elements. As new stops are developed, the following criteria should be used to determine the appropriate stop type. Please refer to the Bus Stop Development Form in Appendix 1 for a site specific evaluation form. Higher priority for upgrades should be given to bus stops with mid-high ridership (above 50 boardings per day), demographic considerations such as youth, senior, disabled and low-income population concentrations within ¼ mile of the stop, and stops with high exposure to the elements. Criterion Type I – Sign Type II – Bench Type III – Shelter Type IV – Station Ridership Potential (existing or projected) Low Ridership (<25 daily boardings) Low–Med Ridership (25–50 daily boardings) Med–High Ridership (>50 daily boardings) Very High Ridership (250+ daily boardings) Land Use Density (Refer to Zoning Map) RUL, UE, RF, RL, or POL NCL, NCB, LMN, RC, RDR, NC, CL, E, I NCM, MMN, HMN, D, CC, CCN, CCR, CG, CS, HC Youth, Seniors or Disabled Populations Concentrations Within a ⅛ mile of population concentrations Located in an Activity Center (City Plan— Targeted Infill and Redevelopment Area map, see Figure 20 below) Recommended Located in an Enhanced Travel Corridor Recommended High Exposure to the Elements Recommended Table 6 — Bus Stop Type Criteria RFP 10098 Transit Advertising Page 78 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 37 Figure 20 — Targeted Infill and Redevelopment Map, City Plan, 2010 RFP 10098 Transit Advertising Page 79 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 38 As noted previously, Transfort serves just over 500 bus stops; some of which meet the design and amenity distribution standards outlined in Sections 3 and 4. This section is intended to describe Transfort’s plan to bring bus stops into compliance with these standards as well as the City’s Americans with Disabilities Act Transition Plan as adopted in 1992. The Transition Plan set forth a five year approach to achieving full compliance with the Americans with Disabilities Act standards. At that time, Transfort had a much smaller service area and anticipated that full compliance could be achieved through a $17,000 investment in bus stop solid surface improvements. The plan presumed that once existing stops were brought into compliance, future stops would be developed in accordance with the ADA standards. However, that was not the case and many of Transfort’s current stops are not compliant with ADA standards. In 2013, a full inventory of bus stops was completed. This identified that only 32% of Transfort’s stops met the ADA standards described in Section 4.2. Since 2013’s inventory, service has been eliminated in some areas (College Avenue and Timberline Road) and new service has been added to other areas (Mason Corridor, North Timberline Road, West Vine Drive, East Drake Road and East Horsetooth Road). In addition, as of spring 2015, approximately 50 stops had been upgraded to meet ADA standards. Transfort managed projects upgrading 27 stops, including 18 MAX stations and nine stops throughout the community; private development upgraded upwards of seven stops; and Transfort’s advertising contractor upgraded 16 stops. Based on this information Transfort estimates that now approximately 35% of bus stops meet ADA accessibility requirements. Inventorying of bus stops is ongoing and Transfort will have a more accurate understanding of ADA compliance by the end of 2015. Based on the previous estimate, approximately 330 bus stops in Transfort’s service area are not in compliance with ADA standards. Many of these are located in areas with limited neighborhood sidewalks. In addition to the cost of any necessary connecting sidewalks, bus stop improvements can range between $2,500 to $30,000 depending on the available public ROW and other site specific characteristics (an average is estimated at $10,000 for each stop). Stops on the low 5. NEXT STEPS 5.1 INTRODUCTION RFP 10098 Transit Advertising Page 80 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 39 end are generally within public ROW and have level grading to build on. Stops on the higher end are in areas that often require negotiations with private property owners before any accessible infrastructure can be installed and where drainage or grading challenges are present. The obstacles to upgrading bus stops is described more thoroughly in Section 2.4. This information leads Transfort to estimate that full compliance with ADA standards would cost between $3,000,000 and $5,000,000 (in 2015 dollars). Transfort’s Bus Stop Improvement Plan, in Section 5.2, describes Transfort’s phased approach to achieving (at a minimum) ADA accessibility at all bus stops as well as compliance with the bus stop type and amenity distribution standards in this document. Section 2.3 — “Bus Stop Installation and Upgrade — How does it happen?” explains the four primary ways that bus stops are upgraded: • Transfort Bus Stop Improvement Plan • Transfort’s Advertising Contractor • Development and/or Redevelopment • City Capital Projects and Street Maintenance Program This section focuses on stops improved through the Transfort Bus Stop Improvement Plan and by Transfort’s advertising contractor. Transfort’s Bus Stop Improvement Plan is not all inclusive of every Transfort stop, since two other improvement methods, Development/Redevelopment and City Capital Projects – Street Maintenance Projects, will also result in upgraded stops throughout the community. 5.2 TRANSFORT BUS STOP IMPROVEMENT PLAN This April, City of Fort Collins residents approved a 10-year 0.25% sales tax for Capital Projects. In addition to other City Capital Projects, this tax includes a dedication of an average of $100,000 a year to bus stop improvements in the Transfort service area. It is anticipated that this will fund an average of 10 stops a year over the next 10 years for a total of 100 stops (between 2016 and 2026). This RFP 10098 Transit Advertising Page 81 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 40 funding can also serve as local as leverage for grants for additional stop improvements. In addition, Transfort can work with their advertising contractor to upgrade additional stops within public ROW. Based on this identified funding source and Transfort’s working relationship with their advertising contractor, Transfort projects an average of 15–20 stops be improved to meet the new design standards each year based on the priorities described in Section 4.5. To reiterate, priority for bus stop upgrades are given to areas that do not meet ADA requirements and meet the following criteria: • Mid-high ridership (above 50 boardings per day), • Demographic considerations such as youth, senior, disabled and low-income population concentrations within ¼ mile of the stop • Stops with high exposure to the elements 5.3 RECOMMENDED FUTURE ACTIONS • Grant Funding — The City should pursue grant funding to leverage the limited local funding to accelerate the Transfort Bus Stop Improvement Plan. • Snow Removal on Adjacent Sidewalks — The inconsistent removal of snow surrounding bus stops was a point of concern for the Citizen Advisory Committee that helped guide the development of this document. Transfort would not be the appropriate leader to initiating this discussion, but the City’s Street Maintenance and Code Enforcement Departments will be made aware of the concerns expressed. • Braille Signage — Braille signage was identified as an element of interest by the Citizen Advisory Committee that guided the development of this document. Following the adoption of this document, Transfort will establish a group of interested transit users to help determine how Braille signage could be implemented and what the Braille signage should say. RFP 10098 Transit Advertising Page 82 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 41 6. APPENDIX THIS PAGE INTENTIONALLY LEFT BLANK RFP 10098 Transit Advertising Page 83 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 42 6.1 BUS STOP DEVELOPMENT FORM Is a design recommended as part of an adopted plan? YES Use design identified in the Plan NO Is the stop a transfer location? YES What volume of transfers are anticipated? NO Is there on-street parking? YES NO A Bulbout stop is most likely appropriate A Curbside stop is appropriate HIGH VOLUME (BRT connections or more than 3 routes serve the stop) LOW VOLUME (2-3 low frequency routes) How many travel lanes are on the adjacent road? A Bus Pullout or Open Bus Bay is appropriate 1 in each direction A Bus Pullout or Open Bus Bay is appropriate 2 or more in each direction Transfort Bus Stop Checklist To be filled out by Transfort Staff Location (cross streets): __________________________________________________ Block Location: ¨ Near-side ¨ Far-side ¨ Mid-block Service: ¨ On Existing Transit Route ¨ Future Transit Route Street-Side Design Considerations: RFP 10098 Transit Advertising Page 84 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 43 Curb-side Design Considerations: Projected Ridership (boardings) Low Ridership (<25 daily boardings) – 0 points Moderate Ridership (25–50 daily boardings) – 2 points High Ridership (>50 daily boardings) – 5 points Very High Ridership (200+ daily boardings) – 10 points Land Use Density (Zoning) Low Density (RUL, UE, RF, RL, POL or County) – 0 points Medium Density (NCL, NCB, LMN, RC, RDR, NC, CL, E, I) – 2 points Higher Density (NCM, MMN, HMN, D, CC, CCN, CCR, CG, CS, HC) – 5 points Youth, Senior, Disabled or Low-income Population Concentrations (includes schools, dedicated housing, and social service entities) Within a ¼ mile of population concentrations – 2 points Within a ⅛ mile of population concentrations – 5 points Activity Center Within a designated Activity Center or on CSU’s campus – 2 points Enhanced Transportation Corridor (ETC) Located along an ETC – 2 points Designated as Station in an ETC plan – 15 points High Exposure to Elements In areas with exposure to wind, rain, high traffic speed, etc. – 5 points TOTAL Scoring Type I Stop — Basic accessibility required Type II Stop — Basic accessibility and bench required Type III Type III – Basic accessibility, standard shelter, trash and 1 bike rack (2 bikes) Type III – Basic accessibility, standard shelter, trash and 2 bike racks (4 bikes) Optional Type IV (upon consideration by transit provider) Score Range 0 – 1 2 – 4 5 – 10 11 – 15 >15 In-street and Curb-side Design Recommended In-Street Design: ¨ Curb-side Stop ¨ Bulbout Stop ¨ Bus Pullout Stop ¨ Open Bay Stop ¨ Queue Jump Stop Recommended Curb-side Stop Type: ¨ Type I (Sign Stop) ¨ Type II (Bench Stop) ¨ Type III (Shelter Stop) ¨ Type III (Shelter Stop – 2 bike racks) ¨ Type IV (Station Stop) RFP 10098 Transit Advertising Page 85 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 44 6.2 LAND USE CODE SECTION 3.6.5 3.6.5 Bus Stop Design Standards (update in progress) (A) Purpose. The purpose of this Section is to ensure that new development adequately accommodates existing and planned transit service by integrating facilities designed and located appropriately for transit into the development plan. (B) General Standard. All development located on an existing or planned transit route shall install a transit stop and other associated facilities on an easement dedicated to the City or within public right-of-way as prescribed by the City of Fort Collins Bus Stop Design Standards and Guidelines in effect at the time of installation, unless the Director of Community Services determines that adequate transit facilities consistent with the Transit Design Standards already exist to serve the needs of the development. All development located on existing transit routes will accommodate the transit facilities by providing the same at the time of construction. All development located on planned routes will accommodate said facilities by including the same in the development plan and escrowing funds in order to enable the city or its agents to construct the transit facilities at the time transit service is provided to the development. All facilities installed shall, upon acceptance by the City, become the property of the City and shall be maintained by the City or its agent. (C) Location of Existing and Planned Transit Routes. For the purposes of application of this standard, the location of existing transit routes shall be defined by the Transfort Route Map in effect at the time the application is approved. The location of planned transit routes shall be defined according to the Transfort Strategic Operating Plan, as amended. RFP 10098 Transit Advertising Page 86 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 45 6.3 TECHNICAL DESIGNS (As Incorporated into Larimer County Urban Area Street Standards) RFP 10098 Transit Advertising Page 87 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 46RFP 10098 Transit Advertising Page 88 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 47RFP 10098 Transit Advertising Page 89 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 48 6.4 CITIZEN ADVISORY COMMITTEE LETTER OF SUPPORT RFP 10098 Transit Advertising Page 90 of 127 TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 49RFP 10098 Transit Advertising Page 91 of 127 ATTACHMENT E STOPS, SHELTERS & BENCHES WITH TRASH/RECYCLING RECEPTACLES RFP 10098 Transit Advertising Page 92 of 127 RFP 10098 Transit Advertising Page 93 of 127 RFP 10098 Transit Advertising Page 94 of 127 RFP 10098 Transit Advertising Page 95 of 127 RFP 10098 Transit Advertising Page 96 of 127 ATTACHMENT F TRANSFORT BUS ROUTES Additional route details can be found at https://ridetransfort.com/wp-content/uploads/Binder_Of_All_Routes.pdf RFP 10098 Transit Advertising Page 97 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 41 of 70 VIII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation, (CITY) and , a(n) [enter state] [business type], (SERVICE PROVIDER). WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The SERVICE PROVIDER agrees to provide Services in accordance with the Scope of Services (Services) attached hereto as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references to named third parties in this AGREEMENT and its Exhibits, the SERVICE PROVIDER shall be solely responsible for performance of all duties hereunder. 2. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes to the AGREEMENT. Such changes shall be agreed upon in writing by the parties. 3. Agreement Period. This AGREEMENT shall commence , 20 (the Effective Date) and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT may be extended for additional one-year periods not to exceed [choose one] additional one-year period(s). 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 no later than thirty (30) days prior to AGREEMENT end. 4. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY may terminate this AGREEMENT at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the SERVICE PROVIDER. 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) calendar days of the effective date of termination. Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination. 5. Notices. All notices provided under this AGREEMENT shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: SERVICE PROVIDER: CITY: Copy to: RFP 10098 Transit Advertising Page 98 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 42 of 70 Attn: Email Address Attn: PO Box 580 Fort Collins, CO 80522 Email Address Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this AGREEMENT shall be written. 6. Compensation. In consideration of the Services to be performed pursuant to this AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER [on a time and reimbursable direct cost basis] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the amount of ???? ($????) plus reimbursable direct costs, wherein all such fees and costs shall not exceed ???? ($????)] in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. Monthly partial payments based upon the SERVICE PROVIDER's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the SERVICE PROVIDER's CITY-verified progress in completing the Services to be performed pursuant hereto and upon the CITY's approval of the SERVICE PROVIDER's actual reimbursable expenses. Final payment shall be made following acceptance by the CITY of the Services. Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project Manager. The cost of the Services 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 undisputed invoices on Net 30 days from the date of the invoice submittal to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s approval. 7. Design and Service Standards. The SERVICE PROVIDER warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, timely completion and the coordination of all Services rendered by the SERVICE PROVIDER, and the Project Instruments as defined in the Project Instruments and License section below. The SERVICE PROVIDER shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards. 8. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the CITY and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the SERVICE PROVIDER or third parties against the CITY arising out of or related to this AGREEMENT (including but not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY's defense costs and reasonable attorney’s fees. RFP 10098 Transit Advertising Page 99 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 43 of 70 9. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit C consisting of one (1) page, attached and incorporated herein. 10. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation by Fort Collins 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 there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY shall not be construed as a breach of this AGREEMENT. 11. Project Instruments and License. a. Upon execution of this AGREEMENT, the SERVICE PROVIDER grants to the CITY an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as- builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other deliverables (Project Instruments), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the CITY substantiall y performs its obligations under the AGREEMENT. The license granted hereunder permits the CITY and third parties reasonably authorized by the CITY to reproduce applicable portions of the Project Instruments for use in performing the Services or construction for the project. In addition, the license granted hereunder shall permit the CITY and third parties reasonably authorized by the CITY to reproduce and use the Project Instruments for similar projects, provided however, in such event the SERVICE PROVIDER shall not be held responsible for the design to the extent the CITY deviates from the Project Instruments. This license shall survive termination of the AGREEMENT by default or otherwise. b. Upon payment of each invoice, associated Project Instruments rendered by the SERVICE PROVIDER shall become the CITY’s property. The SERVICE PROVIDER shall provide the CITY with the Project Instruments in electronic format in a mutually agreed upon file ty pe. 12. CITY Project Manager. The CITY will designate, before commencement of the Services, the CITY Project Manager who will make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this AGREEMENT. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the CITY Project Manager. The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the CITY. 13. Project Status Report. Project status reports may be required by Exhibit A – Scope of RFP 10098 Transit Advertising Page 100 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 44 of 70 Services and shall be submitted to the CITY Project Manager. Failure to provide any required status report may result in the suspension of the processing of any invoice. 14. Independent Contractor. The Services to be performed by the SERVICE PROVIDER are those of an independent contractor and not of an employee of the CITY. The CITY shall not be responsible for withholding or remitting any portion of SERVICE PROVIDER's compensation hereunder or any other amounts on behalf of SERVICE PROVIDER for the payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or benefits or for any other purpose. 15. 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. 16. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the Services without the prior written consent of the CITY, which shall not be unreasonably withheld. If any of the Services are subcontracted hereunder (with the consent of the CITY), then the following provisions shall apply: a. the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work; b. the subcontractor will be required to comply with all applicable terms of this AGREEMENT; c. the subcontract will not create any contractual relationship between any such subcontractor and the CITY, nor will it obligate the CITY to pay or see to the payment of any subcontractor; and d. the work of the subcontractor will be subject to inspection by the CITY to the same extent as the work of the SERVICE PROVIDER. The SERVICE PROVIDER shall require all subcontractor/subconsultants performing Service(s) hereunder to maintain insurance coverage naming the CITY as an additional insured under this AGREEMENT in accordance with Exhibit [choose one]. The SERVICE PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide the CITY with a copy of the certificate(s) within two (2) business days. The SERVICE PROVIDER shall be responsible for any liability directly or indirectly arising out of the Services performed under this AGREEMENT by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. 17. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder shall not in any way relieve the SERVICE PROVIDER of responsibility for the quality or RFP 10098 Transit Advertising Page 101 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 45 of 70 technical accuracy of the Services. The CITY’S approval or acceptance of, or payment for any of the Services shall not be construed to operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT. 18. Warranty. a. SERVICE PROVIDER warrants that all Services performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for Services of a similar nature. b. Unless otherwise provided in the AGREEMENT, all materials and equipment incorporated into any Services shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all Services must be of a quality acceptable to CITY. 19. 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, that party may be declared in default upon notice. 20. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice 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. In the event of a dispute between the parties regarding this AGREEMENT, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections. 21. Entire Agreement; Binding Effect; 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 the matter recited herein. This AGREEMENT supersedes any prior agreements, promises, or understandings as to the matter recited herein. The AGREEMENT 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 attac hment, 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. 22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of RFP 10098 Transit Advertising Page 102 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 46 of 70 this AGREEMENT—without regard to choice of law or conflict of law principles. 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 U.S. District Court for the District of Colorado. In the event any provision of this AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this AGREEMENT. 23. Use by Other Agencies. The CITY reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) to use the CITY’s award determination to the SERVICE PROVIDER. Use by any other Agency shall not have a negative impact on the CITY 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 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 Services to be completed for the CITY. 24. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. § 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or Federal laws and regulations 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. Pursuant to CITY 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 SERVICE PROVIDER shall 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. 25. ADA and Public Accommodations. In performing the Services required hereunder, the SERVICE PROVIDER agrees to meet all requirements of the Americans with Disabilities Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the SERVICE PROVIDER or which would be imposed on the CITY as a public entity. RFP 10098 Transit Advertising Page 103 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 47 of 70 26. Technology Accessibility . The SERVICE PROVIDER represents that the Project Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability, as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as provided by the OIT. The SERVICE PROVIDER shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER may be required to demonstrate compliance. The SERVICE PROVIDER shall indemnify, save, and hold harmless the CITY against any and all costs, expenses, claims, damages, liability, court awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY in relation to the SERVICE PROVIDER’s failure to comply with C.R.S. § 24-85-101, or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5). The CITY may require the SERVICE PROVIDER’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the CITY to attest to the Project Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5). 27. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act). SERVICE PROVIDER shall ensure that each person processing any personal data connected to the Services is subject to a duty of confidentiality with respect to the data. If applicable, SERVICE PROVIDER shall require that any subcontractors meet the obligations of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT. The Parties agree that upon termination of the Services that SERVICE PROVIDER shall, at the CITY’s choice, delete or return all personal data to the CITY unless retention of the personal data is required by law. SERVICE PROVIDER shall make available to the CITY all information necessary to demonstrate compliance with the obligations of the Privacy Act. SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and inspections by the CITY or the CITY’s designated auditor. 28. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governm ental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law. 29. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201 (CORA), and documents in the CITY’s possession may be considered public records subject RFP 10098 Transit Advertising Page 104 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 48 of 70 to disclosure under the CORA. 30. Delay . Time is of the essence. Subject to Force Majeure , if the SERVICE PROVIDER is temporarily delayed in whole or in part from performing its obligations, then the SERVICE PROVIDER shall provide written notice to the CITY within two (2) business days defining the nature of the delay. Provision of written notice under this Section shall not operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT. 31. 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 party that 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 affected party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the SERVICE PROVIDER must provide notice to the CITY of such condition within ten (10) calendar days from the onset of such condition. 32. Special Provisions. Special provisions or conditions relating to the Services to be performed pursuant to this AGREEMENT are set forth in Exhibit D - Confidentiality, consisting of four (4) pages; and Exhibit C – Federal Terms and Conditions, consisting of fourteen (14) pages, and incorporated herein. 33. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT, the conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: a. The body of this AGREEMENT (and any written amendment), b. Exhibits to this AGREEMENT, and c. The Purchase Order document. 34. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver of any provision above. Any terms included in any Exhibit or other attachment that requires the CITY to indemnify or hold SERVICE PROVIDER harmless; requires the CITY to agree to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with statute, City Charter or City Code in any way, shall be void. [Signature Page Follows] RFP 10098 Transit Advertising Page 105 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 49 of 70 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: RFP 10098 Transit Advertising Page 106 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 50 of 70 EXHIBIT A SCOPE OF SERVICES RFP 10098 Transit Advertising Page 107 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 51 of 70 EXHIBIT B 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. RFP 10098 Transit Advertising Page 108 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 52 of 70 EXHIBIT C INSURANCE REQUIREMENTS The SERVICE PROVIDER will provide, from insurance companies acceptable to the CITY, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the SERVICE PROVIDER shall furnish the CITY with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may take out and maintain, at the expense of the SERVICE PROVIDER, 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 Worker’s Compensation and Employer’s Liability insurance 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 General 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 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 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. RFP 10098 Transit Advertising Page 109 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 53 of 70 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under this AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this AGREEMENT, the party who owns the referenced information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this AGREEMENT refers to information that is not public and/or is proprietary, including but not limited to location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, ideas, CITY customer identifiable information (including account, address, billing, consumption, contact, and other customer data), utility metering data, service billing records, customer equipment information. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the CITY, including but not limited to the non-exclusive list of Confidential Information above. In the case of disclosure in non-documentary form of non- customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party before the execution of this AGREEMENT and related to the services for which SERVICE PROVIDER has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this AGREEMENT with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this AGREEMENT and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The CITY and SERVICE PROVIDER shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall survive this AGREEMENT as an on-going obligation of the Parties. SERVICE PROVIDER shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this RFP 10098 Transit Advertising Page 110 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 54 of 70 AGREEMENT. 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party : (a) was generally known to the public through no wrongful act of the Receiving Party; (b) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (c) has been approved f or release by a written authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement of a governmental agency or by operation of law, subject to Paragraph 5 below. 5. Required Disclosure. Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing Party may seek an appropriate protective order before disclosure or waive the Receiving Party’s compliance with this Exhibit. The Receiving Party shall furnish a copy of this Exhibit with any disclosure. Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required by law or authorized in writing by Disclosing Party. 6. Red Flags Rules. If applicable, SERVICE PROVIDER must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, SERVICE PROVIDER must take appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered information and must notify the CITY in writing within twenty -four (24) hours of discovery of any breaches of security or Red Flags to the CITY. 7. Data Protection and Data Security. SERVICE PROVIDER shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of Confidential Information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. (a) SERVICE PROVIDER’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling RFP 10098 Transit Advertising Page 111 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 55 of 70 • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security (b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall not release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions of this AGREEMENT, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Confidential Information received, for any subcontractor SERVICE PROVIDER may use. Accordingly, any release of data, confidential information, or failure to protect information under this AGREEMENT by a subcontractor or affiliated party shall be attributed to SERVICE PROVIDER and may be considered to be a material breach of this AGREEMENT. 8. Information Storage. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the SERVICE PROVIDER can ensure security for the Confidential Information so stored. Workstations or laptops to be used in the Services will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time thereafter unless specifically authorized by the CITY in writing. 10. Termination Remedy. If SERVICE PROVIDER breaches any of the terms of this Exhibit, in the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw SERVICE PROVIDER’s right to access Confidential Information. 11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide Project Instruments and work product, all material, i.e., various physical forms of media in which Confidential Information is stored, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon return of such materials, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing Party’s request, written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 12. Injunctive Relief. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing RFP 10098 Transit Advertising Page 112 of 127 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 56 of 70 Party may, based upon the representations made in this AGREEMENT, disclose security information that is critical to the continued success of the Discloser’s business. Accordingly, Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a c ourt of competent jurisdiction to enjoin or remedy any violation of this AGREEMENT. RFP 10098 Transit Advertising Page 113 of 127 Official Purchasing Document Last updated 5/2024 EXHIBIT E FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. No Obligation by the Federal Government. 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub-contractor who will be subject to it provisions. 2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. 1. For a period of three years following Contract closing, the Contractor and its subcontractors shall maintain, preserve and make available to the City, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times to any books, documents, papers and records of Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rule. 2. The Contractor shall maintain and the City shall have the right to examine and audit all records and other evidence sufficient to reflect properly all prices, costs or rates negotiated and invoiced in performance of this Contract. This right of examination shall include inspection at all reasonable times of the Contractor’s offices engaged in performing the Contract. 3. If this Contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement. The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this Contract until such appeals, litigation, or claims are finally resolved. 4. Access to Records and Reports” applies with equal force and effect to any subcontractors hired by the Contractor to perform Work under this Contract. The Contractor shall insert this provision in all subcontracts under this Contract and require subcontractor compliance therewith. RFP 10098 Transit Advertising Page 114 of 127 Official Purchasing Document Last updated 5/2024 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. 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 RFP 10098 Transit Advertising Page 115 of 127 Official Purchasing Document Last updated 5/2024 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 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 RFP 10098 Transit Advertising Page 116 of 127 Official Purchasing Document Last updated 5/2024 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 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 RFP 10098 Transit Advertising Page 117 of 127 Official Purchasing Document Last updated 5/2024 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 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 RFP 10098 Transit Advertising Page 118 of 127 Official Purchasing Document Last updated 5/2024 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 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) RFP 10098 Transit Advertising Page 119 of 127 Official Purchasing Document Last updated 5/2024 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 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 RFP 10098 Transit Advertising Page 120 of 127 Official Purchasing Document Last updated 5/2024 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. 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 RFP 10098 Transit Advertising Page 121 of 127 Official Purchasing Document Last updated 5/2024 implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement),” 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA “System for Award Management,” https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the “System for Award Management” at https://www.sam.gov , if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (b) If the Recipient suspends, debars, or takes any similar action against a Third-Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel. 11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is required to “flow down” this requirement to subcontractors. a. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. 1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. 2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. 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 RFP 10098 Transit Advertising Page 122 of 127 Official Purchasing Document Last updated 5/2024 submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions. b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Underlying Agreement. Notwithstanding the preceding sentenc e, the Recipient may return all liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Recipient receives FTA’s prior written concurrence. c. Enforcement. The Recipient must pursue its legal rights and remedies available under any third party agreement or any federal, state, or local law or regulation. 12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) Applies to all contracts exceeding $100,000. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it has certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. If contract exceeds $100,000 the contractor is required to sign the attached certification. 13. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT Applies to all contracts exceeding $150,000. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. a. All parties agree to comply with all applicable standards, orders or regulations issued RFP 10098 Transit Advertising Page 123 of 127 Official Purchasing Document Last updated 5/2024 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. RFP 10098 Transit Advertising Page 124 of 127 Official Purchasing Document Last updated 5/2024 15. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) Applies to all turnkey, rolling stock and operational contracts (excluding contracts for transportation services exceeding $100,000. The contractor agrees to comply and assures that each subcontractor will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5. 16. 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)). The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. 17. 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. 18. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) Applies to all contracts except micro-purchases. RFP 10098 Transit Advertising Page 125 of 127 Official Purchasing Document Last updated 5/2024 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 19. 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. 20. 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. 21. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Applies to all contracts except micro-purchases. The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 RFP 10098 Transit Advertising Page 126 of 127 Official Purchasing Document Last updated 5/2024 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. 22. 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. 23. 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. RFP 10098 Transit Advertising Page 127 of 127