HomeMy WebLinkAboutRFP - 7315 SAFE RIDE HOME TRANSIT SERVICESCityof
Financial Services
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1
Purchasing Division
215 N. Mason St. 2nd Floor
F6rtCollins
PO Box 580
Fort Collins, CO 80522
970.221.6775
Purchasing
970.221.6707
fcgo v. com/purchasing
REQUEST FOR PROPOSAL
7315 SAFE RIDE HOME TRANSIT SERVICE
The City of Fort Collins, Transfort Department provides fixed route service to the
community. The City is seeking a Service Provider to operate fixed route operations for
a pilot late night/early morning service under the following conditions.
Written proposals, five (5) copies, will be received at the City of Fort Collins' Purchasing
Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will
be received before 3:00 p.m. (our clock), January 6, 2012 and referenced as
Proposal No. 7315. If delivered, they are to be sent to 215 North Mason Street, 2nd
Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort
Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager,
Kurt Ravenschlag, Assistant Transfort General Manager at (970) 221-6386 or
kavenschlag@fcgov.com.
Questions regarding bid submittal or process should be directed to Jim O'Neill, CPPO,
FNIGP, Director of Purchasing & Risk Management at (970) 221-6779 or
9oneill(a)fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcqov.com/eprocurement
The City has an overall DBE goal of 9.9%. There is no specific contract goal for
this project but the City encourages proposals from and the use of DBE firms in
this project.
The City of Fort Collins is subject to public information laws, which permit access to
most records and documents. Proprietary information in your response must be clearly
identified and will be protected to the extent legally permissible. Proposals may not be
marked 'Proprietary' in their entirety. Information considered proprietary is limited to
material treated as confidential in the normal conduct of business, trade secrets,
discount information, and individual product or service pricing. Summary price
information may not be designated as proprietary as such information may be carried
forward into other public documents. All provisions of any contract resulting from this
request for proposal will be public information.
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
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Each investigative report shall be completed on forms provided by the City which
contain, at a minimum:
a. Date and time
b. Location
c. Brief description of event
d. Name of employee and/or citizen involved
e. Name and pertinent contact information of investigator
f. Summary of the investigation determination including the findings
g. Summary of the resolution of each event
REVENUES
1. The fare system and structure shall be determined by the City of Fort Collins and
administered by the Service Provider per City guidelines.
2. All trips will require a fare.
3. There shall be no solicitation or acceptance of tips by any employee of the
Service Provider.
4. Fares shall be collected by the Service Provider, summarized and subtracted
from the "amount due" on the monthly invoice to the City.
5. Fares shall be collected via a farebox.
6. Ridership and fares shall be logged at the time of boarding.
7. The Service Provider shall provide the City with a written copy of its
administrative procedures to account for fares collected by its operators.
8. The City Auditor(s) may at any time during the contract period change these
requirements as he/she deems necessary to ensure adequate controls are in
place to protect the interests of the City of Fort Collins.
MONTHLY INVOICE & SUMMARY
By the 5`h calendar day of each month, the Service Provider shall provide the City with a
Service Data Summary and monthly invoice for each component of service for the
previous month. The City shall provide the forms for monthly invoices. This shall
include but is not limited to the following:
1. Total number of individual trips by type as specified in the contract
2. Summary of monthly collisions/passenger injuries
3. Summary of monthly complaints
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Except where otherwise defined, The City reserves the right to request that the Service
Provider submit additional information when necessary.
The City of Fort Collins receives funding to operate the service under grants issued by
the State and Federal governments. Therefore, the Service Provider shall retain all
records required by the contract specifications and also all financial records and data
concerning the management and operation of the system for a period of at least three
(3) years upon completion of the Agreement. The Service Provider shall furnish the City
with such information, statistics, and data as necessary.
The Service Provider shall not unilaterally implement company policy that directly
impacts the system's operation or is in conflict with the contract with the City without
prior discussion and approval by the Project Manager or designee.
ASSESSED LIQUIDATED DAMAGES LIST AND FEE SCHEDULE
In an effort to comply with regulatory requirements and to provide a high level of
service, the City has developed the following schedule for the assessment of Liquidated
Damages (LD). The following rules will apply to the assessment of LD:
1. Assessing Liquidated Damages
a. Each potential LD will be reviewed on a case by case basis prior to an LD
being assessed. As City staff recommends LD's, the Project Manager will
review the alleged violations with the processes outlined within the
contract and make a final decision on whether or not an LD will be
assessed.
2. Amnesty Period
a. LD's will be assessed as needed during the first 30 days after the
inception of the contract. The appropriate notice will be given of these
damages as outlined in this document. However, in an effort to bring
Service Provider in compliance with the expectations of the contract,
charges for these damages will be waived during this 30 day period.
3. Routine Audits and Checks
a. The City will conduct random and routine checks of road operations using
City staff to monitor service performance. These checks may be
conducted by plain clothes or uniformed staff. There will be no limitation
on the number of checks the City may conduct. However, there will be a
minimum of two random checks in every 60 day period. In the event that
City staff decides to interact with the vehicle operator during a random
check, City staff will present their ID badge to the vehicle operator to
identify themselves as supervisory or monitoring personnel. The vehicle
operator must comply with this process. The Project Manager or designee
will contact the Service Contract Manager within 48 hours of issuance of
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any LD's resulting from the random check. Service Provider shall respond
within five days of receipt of the notice of assessment of liquidated
damages. Service Provider shall have an opportunity to demonstrate to
the Project Manager that it made all reasonable efforts to comply with its
contractual obligations and that its failure to comply was due to
circumstances beyond the control of Service Provider or any other person
for whom Service Provider is legally or contractually responsible. On the
basis of such a demonstration, the Project Manager reserves the right to
reduce or waive the liquidated damages at issue.
4. Safety and Training
a. Records of the operator and personnel qualifications, compliance, safety
and training specifically outlined in the contract will be audited randomly
and upon request by the Project Manager or designee. At least one hour
notice will be given to Service Contract Manager. It should be understood
by both parties that State and Federal law prohibits the sharing of some
personnel information, and that information will not be provided.
5. Fleet Services
a. City Fleet Management will require up to three (3) vehicle reviews by City
staff per month. Vehicle must be presented to City fleet services crew
within 24 hours of request. In addition, City Fleet Management will
coordinate site visits of equipment and records once per year.
6. Complaints and Incidents
a. In addition to random checks and audits, complaints and incidents will
initiate follow up checks and audits for compliance of contractual
obligations.
7. Itemized Fee Schedule
a. If multiple liquidated damages can be applied to one infraction, only the
highest value liquidated damage fee will be applied.
Road Operations
Fee per
Violation
Failure to complete a DOT Vehicle Inspection (pre -
trip orpost-trip)
$200
Driving in an unsafe/illegal manner
$100
Driving off route without prior authorization or detour
in effect
$50
Departing timepoints or Transfer Points earlier than
the posted schedule
$50
Refusal to transport passengers who meet Code of
Conduct standards and are within capacity
$50
Failure to call required ADA Stop Announcements
$100
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Failure to notify passengers at Transfer Points of
route number and route destination
$100
Failure to stop at requested designated bus stops
$100
Failure to stop for passengers at designated bus
stops
$100
Failure to provide and secure a minimum of three
securements for mobility device
$100
Failure to deploy lift or ramp upon request
$75
Charging the customer more than the posted fare
$100
Accepting tips
$500
Inaccurately counting passenger ridership beyond a
2% margin of error
$1,000
Smoking or allowing smoking on bus
$250
Using or allowing open alcohol containers on bus
$250
Failure to comply with dress code
$25
Use of cell phone, wireless or handheld devices while
operating a City vehicle.
$50
Failure to assist passengers to board, deboard,
mount bicycles on bicycle rack upon request
$75
Dis laying unprofessional or rude behavior
$100
Failure to perform scheduled service
$250
Performing service outside scope of work
$100
Fleet Services
Fee per
Violation
Preventive Maintenance Inspection (PMI) — per
occurrence (Failure to perform on each vehicle within
2500 - 3500 miles prior to PMI)
$50
Transfort Inspections — Downed vehicle/unsafe to
drive
$50
Transfort Inspections - Inspection follow up, failure to
repair
$100
Vehicle Repairs failure to repair)
$50
Vehicle Cleanliness failure to comply)
$25
Failure to turn in vehicle for inspection by requested
time within 12 hours of original requested time
$25
Incomplete or inaccurate vehicle maintenance
records
$50
Vehicle maintenance records not corrected following
audit 1
$100
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Supervision, Personnel, Training and General
Fee per
Violation
Failure to submit reports by required time
$25
Submitting incorrect reports
$100
Failure to provide road supervision
$100
Failure to conduct investigations to City standards
$100
Failure to provide follow-up, corrective or new hire
training
$100
Incomplete or inaccurate qualification, compliance,
and drug testing files for employees and/or
independent contractors
$250
Files for employees and/or independent contractors
not corrected following audit
$100
Failure to comply with drug and alcohol testing
requirements
$200
Failure to inform the City of operational issues such
as detours, unsafe stops, passenger incidents or
issues within reporting guidelines
$100
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REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the
basis for review of the written proposals and optional interview session. At discretion of
the City, interviews of top rated firms may be held.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average
rating, and 5 being an outstanding rating.
WEIGHTING
QUALIFICATION
STANDARD
FACTOR
Does the proposal show an understanding of
2.0
Scope of Proposal
the project objective, methodology to be used
and results that are desired from the project?
Do the persons who will be working on the
2.0
Assigned
project have the necessary skills? Are
Personnel
sufficient people of the requisite skills assigned
to the project?
Can the work be completed in the necessary
time? Can the target start and completion
dates be met? Are other qualified personnel
1.0
Availability
available to assist in meeting the project
schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of
doing the work in the required time frame?
Do the proposed cost and work hours compare
Cost and
favorably with the project Manager's estimate?
2.0
Are the work hours presented reasonable for
Work Hours
the effort required in each project task or
phase?
Does the firm have the support capabilities the
2.0
Firm Capability
assigned personnel require? Has the firm
done previous projects of this type and scope?
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REFERENCE EVALUATION (TOP RATED FIRM)
The project Manager will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Was the Professional responsive to client needs;
Completeness
did the Professional anticipate problems? Were
problems solved quickly and effectively?
Budget
Was the original Scope of Work completed
within the project budget?
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
Job Knowledge
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of
( ) page and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) page , and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in a writing
signed by the parties.
4. Contract Period. [Option 11 This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the Professional mailed no later than ninety (90) days prior to
contract end.
5. Contract Period. [Option 2] This Agreement shall commence 200
and shall continue in full force and effect until , 200 , unless sooner terminated as
RFP 7315 Safe Ride Home Program Page 17 of 40
herein provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed ( ) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will
be used as a guide. Written notice of renewal shall be provided to the Service Provider and
mailed no later than ninety (90) days prior to contract end.
6. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition. [Early Termination clause here as an option
7. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Attn: Purchasing
Attn:
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
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. Such payment shall be the Service Provider's sole
right and remedy for such termination.
8. Contract Sum. The City shall pay the Service provider for the performance of this
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Contract, subject to additions and deletions provided herein, per the attached Exhibit " "
consisting of page , and incorporated herein by this reference.
9. City Reoresentative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
10. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other purpose.
11. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the City.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights or benefits
provided to the City under this Agreement or cause of action arising out of performance of this
Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted
standards for work of a similar nature.
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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.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to
City.
14. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall be
liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and
costs incurred because of the default.
16. Bindinq Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
RFP 7315 Safe Ride Home Program Page 20 of 40
personal representatives, successors and assigns of said parties.
17. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within Exhibit
, consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of
a certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
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a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
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the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
21. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
AO -
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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EXHIBIT " "
INSURANCE REQUIREMENTS
1. 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, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. 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 for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and 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 each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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EXHIBIT " "
FEDERAL REQUIREMENTS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES...............................................................27
2.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS.......................................................................................................................................................
27
3.
ACCESS TO RECORDS AND REPORTS......................................................................................
27
4.
FEDERAL CHANGES.....................................................................................................................
28
5.
TERMINATION................................................................................................................................
29
6.
CIVIL RIGHTS REQUIREMENTS...................................................................................................30
7.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)...................................................................
31
8.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ..........................
32
9.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT) ....................
32
10.
BREACHES AND DISPUTE RESOLUTION...................................................................................33
11.
LOBBYING......................................................................................................................................33
12.
CLEAN AIR......................................................................................................................................35
13.
CLEAN WATER REQUIREMENTS.................................................................................................35
14.
FLY AMERICA REQUIREMENTS...................................................................................................
36
15.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ...................................................
36
16.
TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS..................................................................
37
17.
DRUG AND ALCOHOL TESTING..................................................................................................
38
18.
ENERGY CONSERVATION REQUIREMENTS..............................................................................40
19.
RECYCLED PRODUCTS................................................................................................................
40
20.
ADA Access....................................................................................................................................
40
21.
CITY OF FORT COLLINS BID PROTEST PROCEDURES............................................................40
RFP 7315 Safe Ride Home Program Page 26 of 40
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
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 subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that if
it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
RFP 7315 Safe Ride Home Program Page 27 of 40
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey
Construction
Architectural
Engineering
Acquisition
of Rolling
Stock
Professional Services
I State Grantees
None
Those
None
None
None
None
a. Contracts below SAT
imposed on
($100,000)
state pass
None
thru to
Yes, if non-
None unless
None unless
None unless non-
b. Contracts above
unless'
Contractor
competitive
non-
non-
competitive award
$100,000/Capital
non-
award or if
competitive
competitive
Projects
competitive
funded thrU2
award
award
award
5307/5309/5
311
II Non State Grantees
Those
a. Contracts below SAT
Yes3
imposed on
Yes
Yes
Yes
Yes
($100,000)
non -state
b. Contracts above
Yes3
Grantee pass
Yes
Yes
Yes
Yes
$100,000/Capital
thru to
Projects
Contractor
Sources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i)
4. FEDERAL CHANGES
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
RFP 7315 Safe Ride Home Program Page 28 of 40
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.
5. TERMINATION
a. Termination for Convenience (General Provision) The City may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including 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 the manner the City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is
for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City may terminate this
contract for default. Termination shall be effected by serving a notice of termination on the
contractor setting forth the manner in which the Contractor is in default. The contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the City, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period of
time] in which to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of
written notice from the City setting forth the nature of said breach or default, the City shall have
the right to terminate the Contract without any further obligation to Contractor. Any such
termination for default shall not in any way operate to preclude the City from also pursuing all
available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The
City, by written notice, may terminate this contract, in whole or in part, when it is in the
Government's interest. If this contract is terminated, the City shall be liable only for payment
under the payment provisions of this contract for services rendered before the effective date of
termination.
RFP 7315 Safe Ride Home Program Page 29 of 40
SCOPE OF WORK
SAFE RIDE HOME TRANSIT SERVICES
The City of Fort Collins, Transfort Department provides fixed route service to the
community. The City is seeking a Service Provider to operate fixed route operations for
a pilot late night/early morning service under the following conditions:
• Service will be provided for one calendar year beginning in January 2012.
• Service will be provided each Friday and Saturday night during the contract
period.
• Service will begin on each service day at 11:30 pm and end at 2:30 am the next
morning.
• Service will follow two prescribed route alignments.
• Two buses will serve each route at prescribed service hours.
• All bus stops will be served along each route.
• Fares will be collected per Transfort fare collection policy.
• Ridership will be recorded and reported to Transfort.
CONTRACT REQUIREMENTS — GENERAL
The selected Service Provider shall have the following responsibilities for the operation
of this service:
1. Provide qualified, competent and courteous staff.
2. Train and monitor staff to City standards.
3. Lease select Transfort vehicles as well as maintain them in good repair.
4. Provide safe, clean, comfortable and customer -friendly transit vehicles (Defined
in Fleet Management Section).
5. Cooperate with City marketing efforts by allowing advertising materials to be
applied to vehicles and distribute rider service information as required.
6. Provide the necessary employee staffing, management and administration to
meet the requirements of the contract.
7. Meet with the City on a regularly scheduled basis (monthly) to assess service
performance, discuss operational issues and contract adherence. The City may
schedule additional meetings as needed.
8. Meet all reporting and investigation requirements.
9. Maintain a suitable facility for the provision of services.
The City has the following responsibilities under the contract:
1. Provide program oversight and direction.
RFP 7315 Safe Ride Home Program Page 3 of 40
g. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time specified
in this contract or any extension or if the Contractor fails to comply with any other provisions of
this contract, the City may terminate this contract for default. The City shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature of default. The
Contractor will only be paid the contract price for services performed in accordance with the
manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the City, protect and preserve the goods until surrendered to
the Recipient or its agent. The Contractor and the City shall agree on payment for the
preservation and protection of goods. Failure to agree on an amount will be resolved under the
Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the City.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
RFP 7315 Safe Ride Home Program Page 30 of 40
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
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 9.9%. A separate contract goal [has not] been established for this
procurement.
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 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)).
(if no separate contract goal has been established, use the following) The
successful bidder/offeror will be required to report its DBE participation obtained through
race -neutral means throughout the period of performance.
d. 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 of Fort Collins. In addition,
is required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor's work by the City of Fort
Collins and contractor's receipt of the partial retainage payment related to the
subcontractor's work.
e. The contractor must promptly notify City of Fort Collins 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
RFP 7315 Safe Ride Home Program Page 31 of 40
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 City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
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 4220.1 E, 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 (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide
regulation implements Executive Order 12549, Debarment and Suspension, Executive Order
12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-
355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected
to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally
required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in
that the dollar threshold for application of these rules has been lowered from $100,000 to
$25,000. These are contracts and subcontracts referred to in the regulation as "covered
transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract
or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded
Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or
condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include this
requirement in their own subsequent covered transactions (i.e., the requirement flows down to
subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method
of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
RFP 7315 Safe Ride Home Program Page 32 of 40
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency
name). If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to {insert agency name), the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of City's
[title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from
the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the
[title of employee]. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the [title
of employee] shall be binding upon the Contractor and the Contractor shall abide be the
decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court
of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach thereunder, except as may be specifically agreed in
writing.
11. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
RFP 7315 Safe Ride Home Program Page 33 of 40
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act
of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR §
20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49
CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying,"
61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply
or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
RFP 7315 Safe Ride Home Program Page 34 of 40
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, etseq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure
or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
12. CLEAN AIR
Clean Air—
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
13. CLEAN WATER REQUIREMENTS
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et sue. The Contractor agrees to report each violation to the Purchaser and understands
RFP 7315 Safe Ride Home Program Page 35 of 40
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance
with the General Services Administration's regulations at 41 CFR Part 301-10, which provide
that recipients and subrecipients of Federal funds and their contractors are required to use U.S.
Flag air carriers for U.S Government -financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit,
if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to
use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
15. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Backqround and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The
Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants
from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49
CFR 18.36(i)(6). Although the original Act required its application in any construction contract
over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to
that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an
amount that is not greater than $100,000." 40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non -construction
projects that employ "laborers or mechanics on a public work." These non -construction
applications do not generally apply to transit procurements because transit procurements (to
include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12).
A grantee that contemplates entering into a contract to procure a developmental or unique item
should consult counsel to determine if the Act applies to that procurement and that additional
language required by 29 CFR 5.5(c) must be added to the basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model
clause below should be coordinated with counsel to ensure the Act's requirements are satisfied.
Clause Language Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
RFP 7315 Safe Ride Home Program Page 36 of 40
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
16. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
Transit Employee Protective Provisions.
(1) The Contractor agrees to the comply with applicable transit employee protective
requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out the
transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect
the interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in the
letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project
from which Federal assistance is provided to support work on the underlying contract.
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The Contractor agrees to carry out that work in compliance with the conditions stated in
that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to
any contract financed with Federal assistance provided by FTA either for projects for
elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2),
or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate
provisions for those projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has
determined or determines in the future that the employee protective requirements of 49
U.S.C. § 5333(b) are necessary or appropriate for the state and the public body
subrecipient for which work is performed on the underlying contract, the Contractor
agrees to carry out the Project in compliance with the terms and conditions determined
by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S.
DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and
conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which
is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor
agrees to perform transit operations in connection with the underlying contract in
compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor
agrees to comply with the terms and conditions of the Special Warranty for the
Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and
Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any
revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal assistance
provided by FTA.
17. DRUG AND ALCOHOL TESTING
Introduction
FTA's drug and alcohol rules, 49 CFR 655, respectively, are unique among the regulations
issued by FTA. First, they require recipients to ensure that any entity performing a safety -
sensitive function on the recipient's behalf (usually subrecipients and/or contractors) implement
a complex drug and alcohol testing program that complies with Part 655. Second, the rules
condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules;
thus, the recipient is not in compliance with the rules unless every entity that performs a safety -
sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do
not specify how a recipient ensures that its subrecipients and/or contractors comply with them.
How a recipient does so depends on several factors, including whether the contractor is covered
independently by the drug and alcohol rules of another Department of Transportation operating
administration, the nature of the relationship that the recipient has with the contractor, and the
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financial resources available to the recipient to oversee the contractor's drug and alcohol testing
program. In short, there are a variety of ways a recipient can ensure that its subrecipients and
contractors comply with the rules.
Therefore, FTA has developed three model contract provisions for recipients to use "as is" or to
modify to fit their particular situations.
Explanation of Model Contract Clauses
Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring the
contractor to participate in a drug and alcohol program administered by the recipient. The
advantages of doing this are obvious: the recipient maintains total control over its compliance
with 49 CFR 655. The disadvantage is that the recipient, which may not directly employ any
safety -sensitive employees, has to implement a complex testing program. Therefore, this may
be a practical option only for those recipients which have a testing program for their employees,
and can add the contractor's safety -sensitive employees to that program.
Under Option 2, the recipient relies on the contractor to implement a drug and alcohol testing
program that complies with 49 CFR 655, but retains the ability to monitor the contractor's testing
program; thus, the recipient has less control over its compliance with the drug and alcohol
testing rules than it does under option 1. The advantage of this approach is that it places the
responsibility for complying with the rules on the entity that is actually performing the safety -
sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor
complies with the program. The disadvantage of Option 2 is that without adequate monitoring of
the contractor's program, the recipient may find itself out of compliance with the rules.
Under option 3, the recipient specifies some or all of the specific features of a contractor's drug
and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do
and how it wants to do it. The advantage of this option is that the recipient has more control
over the contractor's drug and alcohol testing program, yet it is not actually administering the
testing program. The disadvantage is that the recipient has to specify and understand clearly
what it wants to do and why.
Drug and Alcohol Testing
Option 3
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Part 655, produce any documentation necessary to establish its
compliance with Part 655, and permit any authorized representative of the United States
Department of Transportation or its operating administrations, the State Oversight Agency of
(name of State), or the (insert name of grantee), to inspect the facilities and records associated
with the implementation of the drug and alcohol testing program as required under 49 CFR Part
655 and review the testing process. The contractor agrees further to certify annually its
compliance with Part 655 before (insert date) and to submit the Management Information
System (MIS) reports before (insert date before March 15) to (insert title and address of person
responsible for receiving information). To certify compliance the contractor shall use the
"Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for
Federal Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit
before (insert date or upon request) a copy of the Policy Statement developed to implement its
drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient
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2. Develop and provide all policies for service and ensure that Service Provider
develops appropriate procedures to implement these policies.
3. Define service standards and performance criteria.
4. Notify Service Provider of any changes to the schedule or alignment within two
weeks of expected service changes.
5. Set fares and fare collection policy.
6. Lease four vehicles, each equipped with a farebox, to Service Provider for
service provided under the contract.
FIXED ROUTE OPERATING STANDARDS
Each of the operating standards shall be deemed material, a breach of which may result
in the City of Fort Collins declaring the Service Provider in default of the contract.
The Service Provider shall provide all services in accordance with City Policies and
procedures and in accordance with the following service operating standards:
1. The Service Provider shall provide fixed route service along two route alignments
(will be defined in the service contract).
2. Two vehicles will operate on each fixed route for a total of four vehicles in service
during the prescribed service hours.
3. The Service Provider shall provide one staff member to act as a service liaison in
the Downtown pick up area for the duration of service hours on each service day.
4. Deviation from route alignments will only be authorized in the event of road
closures, instructions from Transfort management or direction from emergency
services personnel.
5. The Service Provider shall ensure that passengers are allowed to board and
deboard at all designated bus stops and transfer points (designated
boarding/deboarding stops will be defined in the service contract).
6. The Service Provider shall ensure that operators adhere to the prescribed
schedule and time -points as listed in the contract. Operators shall not depart
time -points prior to the prescribed time. Operators shall arrive at each time -point
no later than five minutes after the prescribed time unless delayed by weather,
unforeseen traffic conditions or other circumstances beyond their control.
7. Operators and any management personnel shall provide courteous customer
service at all times. Rude or inappropriate behavior by Service Provider
employees shall not be tolerated.
8. Service Provider shall supervise operators and monitor their performance. Any
operator found to be jeopardizing the safety of any person or violating any traffic
law shall be immediately removed from provision of service under the contract.
Failure to do so is grounds for immediate cancellation of the contract.
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wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654;
OR (c) submit for review and approval before (insert date or upon request) a copy of its Policy
Statement developed to implement its drug and alcohol testing program. In addition, the
contractor agrees to: (to be determined by the recipient, but may address areas such as: the
selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or
the use of a consortium).
18. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act.
19. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
20. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C.
Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with
Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with
Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192
and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with
Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility
guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37.
DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that
buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix
A to 49 CFR Part 37.
21. CITY OF FORT COLLINS BID PROTEST PROCEDURES
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(cDfcgov.com or calling 970-221-6775.
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9. Service Provider shall allow any authorized City supervisor witnessing a safety
violation or traffic law to relieve the operator until a Service Provider supervisor or
law enforcement officer is contacted and the situation is rectified.
10. Service Provider will ensure that operators successfully complete all training
requirements prior to performing service.
11.Operators and management personnel shall remain professional, uphold all City
policies defined in the contract and only offer correct and appropriate information
regarding the provision of service.
12.The vehicles provided shall have a 100% smoke -free environment. There shall
be no smoking within 20' of any City vehicle at any time by either passengers or
operators whether in revenue service for the City or otherwise.
13.Operators will not use cell phones, wireless or handheld devices as per City
policy at any time while operating a City vehicle.
14. The City reserves the right to inspect vehicles at any time. Any failure to meet
standards shall be immediately addressed and remedied by Service Provider.
15. The City reserves the right to conduct service audits at any time without notice.
16.Operators will ensure that no items prohibited by Department of Transportation
(DOT) or the City are brought onto the vehicles at any time.
17.Operators will perform all required Americans with Disabilities Act (ADA) stop
announcements and route identifications.
18.Operators will allow lift usage upon request per ADA requirements.
19.Operators will assist passengers to board, deboard and mount bicycles on
bicycle rack upon request.
PERSONNEL REQUIREMENTS:
OPERATOR PRE -HIRE QUALIFICATIONS
1. DMV RECORD CHECK: The Service Provider shall perform a Department of
Motor Vehicles (DMV) records check for all prospective operators prior to, but no
more than 30 days before, date of hire. For existing staff, a current DMV record
(within the past 365 days) shall be on file. If an operator was, or is, found to be
at fault for any incident that would prohibit that operator from maintaining a
Commercial Driver License (CDL), whether or not the operator holds a CDL, the
operator is no longer eligible to perform duties under the contract. Failure to
immediately remove an ineligible operator from driving duties may be considered
breach of contract.
2. CRIMINAL HISTORY: The Service Provider shall perform a criminal history
background check on all present and prospective employees who shall be
assigned to driving duties under the contract prior to, but not more that 30 days
before, date of hire. All operators shall have a clean criminal history with no
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felony convictions. Other misdemeanor criminal convictions that would disqualify
an employee include, but are not limited to:
a. Any offense that requires registration of a sex offender.
b. Any driving under the influence of drugs or alcohol violation within the past
3 years.
c. Any offense of violence by a person in a position of trust.
The Service Provider shall make all criminal background checks for all operators
who perform duties under the contract available to the City.
3. SUBSTANCE ABUSE: The Service Provider is required to abide by the City of
Fort Collins Transit Substance Abuse Policies and Procedures in compliance
with FTA regulations and 49 CFR Part 655.
The Service Provider shall provide education to safety -sensitive employees,
perform all required tests maintain records and submit reports in compliance with
the Substance Abuse policy (40 CFR Part 655). The Service Provider shall also
comply with all policy changes when notified of such by Transfort / Dial -A -Ride.
Education and testing records shall be maintained and made available for review
by the City or any other person or entity so authorized by law. Failure to maintain
compliance with these substance abuse regulations may result in an immediate
termination of the contract.
Within ten (10) days prior to the renewal of the Contract, the Service Provider shall
furnish the City with all information required by the City to document that the employees
meet all requirements of the contract. The City reserves the right to disqualify any
operator from performance of service under the contract.
OPERATOR TRAINING REQUIREMENTS
1. TRAINING CURRICULA: Service Provider shall maintain a comprehensive
training program for all of its employees who provide service under the contract.
The training program shall ensure that employees who provide service under the
contract are trained in accordance with all municipal, county, state and federal
regulations.
The comprehensive training program shall include, but not be limited to the
following:
a. Passenger Service and Safety (PASS) certification.
b. Defensive Driving.
c. Substance Abuse, in compliance with 40 CFR Part 655 (minimum of one
hour training).
d. Reasonable Suspicion Training for Substance Abuse, in compliance with
40 CFR Part 655.
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e. Sexual Harassment, Diversity and Equal Employment Opportunity (EEO).
2. TRAINERS: Trainers of Passenger Service and Safety (PASS) and Defensive
Driving shall be certified instructors. These certifications shall be kept current
during the contract period. The Service Provider shall maintain a record of each
trainer's name and certifications, as well as a copy of each certification
3. TRAINING PLAN: The Service Provider shall provide the City with the name of
the person responsible for managing the Training Program and describe the
manner in which training is conducted to ensure all new hires of Service Provider
receive all required training prior to being placed into revenue service or
performing any duties under the contract
4. TRAINING RECORDS: Service Provider shall maintain a training record which
notes each operator's training including the date, time, training location, trainer's
name, and training received. Training records shall be maintained and made
available for review by the City or any other person or entity so authorized by law
LICENSE AND FILE REQUIREMENTS
1. OPERATOR CERTIFICATIONS: Service Provider shall ensure that each
operator possesses and maintains, at a minimum, a valid Class C P2 Colorado
Commercial Drivers License (CDL) with no airbrake restriction, and a valid DOT
Medical Card
2. DRIVER QUALIFICATION FILE: Service Provider is required to maintain a
Driver Qualification File, as per Federal Motor Carrier Safety Regulations
(FMCSR), for each employee who possesses a Commercial Drivers License and
performs duties under the contract. Service Provider shall conduct annual DMV
record checks, as per FMCSR. Service Provider shall provide the City with
copies of the DMV checks.
3. STAFFING ROSTER: A roster of all operators who will be performing service
shall be kept current and all changes provided to the City.
FLEET MANAGEMENT
The Service Provider is required to:
1. Lease and Operate two Transfort International Class C P2, 30', 27 seat vehicles.
2. Lease and Operate two Transfort body -on -chassis cutaway vehicles.
3. Maintain all leased vehicles and Service Provider vehicles that will be utilized for
this service, as per Federal regulations.
4. Ensure that all vehicles used for this service meet City, State and Federal
compliance requirements and furnish proof of compliance.
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5. Maintain proper insurance coverage as required by the City.
6. Provide necessary fuel, spare parts and supplies at the Service Provider's
expense.
7. Provide, maintain and install two-way radios in all vehicles and provide the ability
to communicate with liaison.
8. Service Provider is required to maintain an adequate vehicle spare ratio so that
maintenance issues do not impact service provision.
9. Request and receive authorization from the Project Manager or designee when
adding or removing vehicles from service under this contact.
10. Ensure all vehicles are maintained in a safe and clean condition, both interior and
exterior. At a minimum, vehicle exteriors are to be thoroughly washed no less
than once per week or sooner if condition warrants cleaning. The City reserves
the right to inspect vehicles before or during operation on any day. Any vehicle
failing to meet standards shall be immediately brought up to standards or a
suitable replacement put into service.
11. Perform vehicle inspections, routine preventive maintenance and timely repairs
so as to minimize vehicle down time and ensure safety. Pre -and post -trip
inspections shall be performed and tracked as per DOT regulations.
12. Equip each vehicle with a first -aid kit, an approved fire extinguisher, emergency
flashlight, emergency reflective triangles, and emergency seatbelt cutter.
13. Register, license, and insure each vehicle in the State of Colorado and comply
with all inspection requirements.
14. Use City vehicles solely for the purpose of the contract unless otherwise
authorized by the City.
15. Provide a current roster of all vehicles utilized for City revenue service. The
Service Provider shall notify the City of any changes to this roster by the next
business day.
INVESTIGATION, REPORTING AND RECORDKEEPING REQUIREMENTS
Service Provider shall investigate, report and maintain records of the following
events:
COMPLAINT OR SERVICE FEEDBACK:
This includes any written or verbal communication regarding any aspect of the service
provided under this contract, including personnel and vehicles.
1. Service Provider shall ensure that there is no more than one (1) complaint per 1,000
revenue hours performed
2. Maintain an active and accurate incident log detailing all complaints and service
feedback
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3. Submit a weekly complaint report to the Project Manager or designee
4. The City reserves the right to request information on individual or specific events at
any time; Service Provider shall submit requested information within 3 business
days.
INCIDENT:
An incident is defined to include arguments and/or unacceptable or offensive
conversations or behavior, regardless of who initiates said behavior or conversations, or
other action that does not result in any "real' or suspected injury to a person or property.
1. The Service Provider shall provide the City with a detailed explanation of its
procedures for incident investigation
2. Maintain an active and accurate incident log detailing all incidents
3. Submit a weekly incident report to the Project Manager or designee
4. The City reserves the right to request information on individual or specific events at
any time; Service Provider shall submit requested information within 3 business
days.
COLLISION:
A collision is defined to include any contact between a vehicle used for this service and
another moving or stationary object or pedestrian while a passenger is entering, leaving
or in said vehicle.
1. The Service Provider shall provide the City with a detailed explanation of its
procedures for collision investigation
2. Maintain an active and accurate incident log detailing all collisions
3. All collisions shall be verbally reported within 24 hours of occurrence to the Project
Manager or designee
4. A written report shall be submitted within 3 business days to the Project Manager or
designee
PASSENGER INJURY:
A passenger injury is defined to include any time a person is hurt or suspected of being
hurt while such person is in, entering or leaving Service Provider's vehicle, or while the
person is in the care of the Service Provider, its designee or employees.
1. The Service Provider shall provide the City with a detailed explanation of its
procedures for injury investigation
2. Maintain an active and accurate incident log detailing all injuries
3. All injuries shall be verbally reported within 24 hours of occurrence to the Project
Manager or designee
4. A written report shall be submitted within 3 business days to the Project Manager or
designee
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