Loading...
HomeMy WebLinkAboutRFP - P918 PARATRANSIT SERVICESCITY OF FORT COLLINS ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid P918 Paratransit Services OPENING DATE: January 9, 2004 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. A Pre-Bid conference for the City of Fort Collins RFP #P918 was held at 10:00 am on Friday December 12, 2003 at the Transfort/Dial-A-Ride facility. The following questions and concerns were raised during the conference. 1. Question: How many trips are anticipated to be provided by the Contractor? Answer: Approximately 16, 000 one way trips are anticipated to be provided by the Contractor. In 2003, these trips were taken by 558 passengers. 2. Question: What is the average daily trip count? Answer: The average weekday trip count is 55.6 one way trips. The average Saturday count is 36.5 one way trips. We had one Sunday round trip for the year. 3. Question: a) What does the service look like during varying hours of the day? Is there a PEAK/Non-PEAK? b) Is there a difference in demand for each day of the week? Answer: a) We currently have all of our vehicles on the road from 8:00 am thru 12:00 pm and then again from 2:00 pm thru 5:00 pm. The 12 – 2 pm period we only take one vehicle off the road because demand remains steady. b) Friday has consistently had the highest demand for service. The remaining weekdays have consistently been equal in demand for service. 4. Question: What is the average trip length? Answer: The average trip length is 5.21 miles. 5. Question: What are the hours and days of service? Answer: Monday thru Saturday 6:00 am until 12:30 am. On Friday and Saturday when CSU is in session, service is available from 6:00 am until 2:30 am. Sunday service is available from 6:00 pm until 12:30 am when CSU is in session only (Contractor will be notified of CSU schedule and rider alerts will be provided to be posted in the vehicles). 6. Question: Are there any plans in the future to extend the fixed route service which would decrease the amount of rides available for the Contractor? Answer: The Strategic Plan that was adopted calls for fixed route service along the Harmony Corridor in the year 2008. Currently no funds have been identified for any additional fixed route service. 7. Question: Why not privatize more of the service than just the passengers who reside outside of the ¾ mile boundary around the fixed routes? Answer: The City of Fort Collins does not want to lay off any of the current staff. 8. Question: Attachment B indicates that Auto Liability insurance should be carried at a level of $500,000 but another section of the RFP indicates that it should be carried at a level of $1,000,000. Which is correct? Answer: Use the higher level. Auto Liability will need to be carried at $1,000,000. 9. Question: When is the anticipated start date for the Contractor? Answer: March 1, 2004 10. Question: Can the required daily reports be faxed or e-mailed? Answer: E-mail would be preferred, but either means of transmittal is acceptable. 11. Question: Does a background check done by the Colorado Bureau of Investigation fulfill the requirements outlined for driver qualifications? Answer: We contacted the Colorado Bureau of Investigations and they indicated that their criminal background check is an in-state only check. We require that drivers have a criminal background check that is done nationwide and covers the last three years. 12. Question: Does a DOT drug screen qualify under the requirements outlined under the Drug and Alcohol Testing section? Answer: The drug test that is done under the DOT guidelines does not screen for the same drugs as the FTA test. Therefore the DOT drug screen is not acceptable. Attachment C of the RFP outlines the City of Fort Collins Drug and Alcohol Policy which meets the requirements of the FTA. This policy must be followed by the Contractor. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. CITY OF FORT COLLINS ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid P918 Paratransit Services OPENING DATE: January 9, 2004 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. A Pre-Bid conference for the City of Fort Collins RFP #P918 was held at 10:00 am on Friday December 12, 2003 at the Transfort/Dial-A-Ride facility. The following questions and concerns were raised during the conference. Question: What are the 2002-2003 comparisons for ambulatory clients and number of trips? Answer: The number of ambulatory clients is down 4% in 2003 (535) from 2002 (558) and the number of trips is projected to be down 6% in 2003 (15,047) from 2002 (16,007). CLARIFICATION Trip Length Question: What is the average trip length? Answer: The average trip length is 5.21 miles. Clarification: The 5.21 mile average trip length is not for the whole system. It is an average urban trip length which includes the clients being contracted out. CHANGE Insurance Coverages Question: Attachment B indicates that Auto Liability insurance should be carried at a level of $500,000 but another section of the RFP indicates that it should be carried at a level of $1,000,000. Which is correct? Answer: Use the higher level. Auto Liability will need to be carried at $1,000,000. CHANGE: Auto Liability will need to be carried at $500,000. Additionally, Uninsured Motorist coverage will need to be carried at $500,000. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 22//99//00 00 REQUEST FOR PROPOSAL CITY OF FORT COLLINS Proposal Number P918 Paratransit Services The City of Fort Collins is seeking proposals from qualified firms for paratransit services. Written proposals, five (5) 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 9, 2004. Proposal No. P-918. 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. A prebid conference with representatives of prospective Bidders will be held at 10:00 a.m. on December 12, 2003, at the City of Fort Collins Transfort facility, located at 6570 Portner Rd. Questions concerning the scope of the project should be directed to Project Manager Glenn Padeway (970) 221-6075. Questions regarding proposals submittal or process should be directed to James B. O’Neill, II, CPPO, FNIGP (970) 221-6775. A copy of the Proposal may be obtained as follows: 1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instruction to request document #30918. 2. Download the Proposal/Bid from the Purchasing Webpage, www.fcgov.com/purchasing. 3. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 22//99//00 00 Vendors: The City of Fort Collins Purchasing Division has implemented an on-line vendor registration system. This system allows vendors to register, view and update their business information and commodities. In the future, vendors will also be able to receive Requests for Proposals (RFP’s) through the on-line system. All vendors doing business with the City of Fort Collins are requested to register. The vendor registration system is accessible through the City of Fort Collins Purchasing Department internet webpage at www.fcgov.com/purchasing. The vendor registration form is located by clicking https://secure2.fcgov.com/bso/login.jsp Note the printable instruction pages link. If you have any difficulty completing the registration process, please call the Purchasing Division at (970)221-6775 for assistance. 22//99//00 00 INTRODUCTION The City of Fort Collins has been participating in paratransit transportation for over 25 years. The expectation is to develop a close working relationship between transportation operators in order to provide to our citizens transportation. The City’s goal is to provide the highest quality of service at the most economical cost. In an effort to achieve this goal, the City seeks to contract with a private transportation provider for a portion of the paratransit service. The services detailed in this Request for Proposals are specifically designed to provide the passengers with transportation which meets their needs and the City taxpayer with the most economical cost for services. The successful proposer will be awarded a one (1) year contract which may be extended for additional one year periods not to exceed four (4) additional one year periods. PROPOSAL SUBMITTAL Each Proposer will provide the following information attached to their Proposal: 1. A brief narrative statement of the general history, experience and capabilities of the organization, which it feels qualifies their organization to provide the requested transit services. 2. If the Proposer has an existing State operating permit, a copy is to be provided with the proposal and the Proposer is to furnish a map of the permitted area of authorization. 3. The Proposer shall furnish a listing of the name, address, and telephone number and contact person for all public organizations or entities (up to a maximum of five) for which Proposer has contracted within the past three (3) years for transportation services. 4. Within the proposal, the Proposer shall provide the name and position in its organization of the person who will have ultimate responsibility and accountability for the Contract. Except in the case of disciplinary termination or short notice employee resignation, the Contractor shall give a 30-day notice to the City of Fort Collins if it intends to replace this individual. 5. Provide an estimated cost-per-trip for the services described in the Request for Proposal. SCOPE OF WORK The City of Fort Collins provides door-to-door specialized transportation services to the elderly (aged 60 and over) and disabled citizens through the Dial-A-Ride program. This program, administered by the Transfort Division, consists of Road Operations and Central Dispatch components. The City is seeking a private contractor to provide Road Operations for ambulatory only passengers under the following conditions: Ø For those passengers certified eligible to use the City of Fort Collins Dial-A-Ride who reside outside of the ¾ mile boundary around the Transfort fixed route system as shown in Attachment A. Ø Transportation will be provided to any and all locations that are within the designated boundaries of the Urban Growth Area as shown in Attachment B. Dial-A-Ride intends to provide door-to-door paratransit services through the coordinated efforts of a central ride reservation and a contracted service provider hereby referred to as the “Contractor”. The Contractor shall work with Dial-A-Ride in order to maximize service efficiencies and overall quality. Dial-A-Ride will be the point of contact for trip reservation. On a daily basis, the Contractor shall receive passenger trip requests with scheduled pick up times from Dial-A-Ride. The Contractor will create manifests and provide the requested trips. 22//99//00 00 CONTRACTORS’ REQUIREMENTS The selected Contractor will have three (3) major responsibilities for the operation of this proposal. They are: 1. To provide qualified, competent and courteous staff, 2. To provide safe, clean, comfortable and customer-friendly vehicles, and 3. To provide the necessary management and administration to meet the requirements of this contract. Dial-A-Ride has the following responsibilities under this contract: 1. Provide program management and direction, 2. Develop and provide to Contractor all policies for service, and ensure that appropriate procedures are developed to implement them, 3. Define service standards and performance criteria, 4. Set fares and fare policy, 5. Determine passenger’s eligibility for use of services, 6. Take ride reservations, and 7. Provide the Contractor with a master copy of all forms needed for reporting necessary information to the City. System Operating Standards Each of the operating standards will be deemed material, a breach of which may result in the City of Fort Collins declaring the Contractor in default of the contract. The Contractor will provide all services in accordance with Transfort/Dial-A-Ride policies and procedures and in accordance with the following service operating standards: 1. The Contractor will provide door-to-door service. All drivers will offer assistance from the door of the pick up location to the vehicle and from the vehicle to the door of the drop off location. 2. Drivers will not leave a vehicle unattended with passengers on board, except in the case where the driver leaves the vehicle to assist another passenger. In that event, the vehicle shall be safely parked with the motor turned off and the ignition keys removed. 3. Drivers must exhibit friendly customer relations at all times. Rude or inappropriate behavior by operators will not be tolerated. 4. There shall be no smoking in vehicles at any time by either passengers or drivers. The clientele being served are extremely susceptible to the effects of second-hand smoke and odors created by smoke from tobacco products. 5. The Contractor shall ensure that every trip request is scheduled and the trip is provided in order to maintain a 0% denial rate. In the event that the Contractor is unable to maintain a 0% denial, the Contractor must contact Dial-A-Ride dispatch immediately. 6. Acceptable deviation from scheduled pick-up time: +/- 15 minutes The driver is obligated to arrive at the pick-up location within 15 minutes either side of the scheduled pick-up time. The Contractor will maintain this operating standard at or above a 90% level and report compliance on a monthly level. The Contractor will be obligated to arrive at the first pick-up of the day and the first pick-up after a scheduled lunch break before the scheduled center time . The Contractor will maintain this standard at or above a 98% level. 22//99//00 00 7. Maximum time vehicle is required to wait for a rider: 5 minutes Upon arrival at the passenger’s pick-up location, and after making an attempt to contact the passenger, the driver is obliged to wait five minutes for the passenger. Any special requests for additional waiting time will be noted on the passenger manifest. If the passenger does not appear for boarding within that time, the vehicle may leave and record the passenger as a no-show. All no-shows should be immediately communicated to the Contractor’s dispatch, who in turn shall communicate that to the Dial-A-Ride dispatch office immediately. In the event that the driver records a no-show, the driver shall indicate on the log the time of arrival and time of departure from the location. 8. Maximum riding time on vehicles: 1 hour The maximum time any rider shall be required to spend on board a vehicle shall be one (1) hour. The Contractor will not schedule manifests that do not meet this standard and the Contractor shall adhere to this standard during its operations. If ridership demands exceed the Contractors capabilities in scheduling to maintain this standard, the Contractor will immediately notify Dial-A-Ride. PERSONNEL REQUIREMENTS: Driver Pre-hire Qualifications Ø DMV RECORD CHECK: The Contractor shall obtain a copy of the Department of Motor Vehicles records for all prospective drivers prior to those drivers being hired. For existing staff, a DMV record must be obtained prior to the effective date of this contract. If a driver was, or is, found to be at fault for any incident that would prohibit that driver from maintaining a Commercial Driver’s License, whether or not the driver holds one, the driver is no longer eligible to perform duties under this contract. Failure to immediately remove an ineligible driver from driving duties may be considered breach of contract. Contractor shall conduct DMV record checks on all drivers annually and provide the City with copies of the report. Ø CRIMINAL HISTORY: The Contractor must obtain a criminal history background check on all present and prospective employees who will be assigned to driving duties under this contract. All drivers will have a clean criminal history with no felony convictions. Other misdemeanor criminal convictions that would disqualify an employee include, but are not limited to: • Any offense that requires registration of a sex offender • Any driving under the influence of drugs or alcohol violation within the past 3 years • Any offense of violence by a person in a position of trust. The Contractor will provide the City with copies of the criminal history background checks for all drivers who perform duties under this contract. Ø DRUG TESTING: All safety-sensitive applicants are required to abide by the City of Fort Collins Transit Substance Abuse Policies and Procedures, which includes submitting to a pre-employment drug test. Employees will be tested for those controlled substances specified in the Procedures for Transportation Workplace Drug Testing Program (49 CFR Part 40). The Contractor must abide by the before mentioned Substance Abuse Policy and is required to performance all tests and reporting as described within the policy. Policy is attached as Attachment C. 22//99//00 00 Within ten (10) days prior to the start of the Contract, the Contractor shall furnish the City with all information required by the City to document that the employees meet all requirements of the contract. TRAINING Contractor shall maintain a comprehensive training program for all of its employees who provide service under this contract. The training program shall ensure that employees who provide service under this contract are trained in accordance with all municipal, county, state and federal regulations. TRAINING CURRICULA The comprehensive training program shall include, but not be limited to, the following subject areas. • Passenger Service and Safety (PASS) certification, • Defensive Driving, • Substance Abuse (minimum of one hour training) • Reasonable Suspicion Training for Substance Abuse (Supervisors only). DEVELOPMENT OF TRAINING PLAN Within 30 days of the execution of an agreement, Contractor will provide the City with a plan to ensure that all affected employees hired or assigned to duties under the contract receive the above-listed training. The Plan shall describe the person responsible for managing the Training Program, the Training Plan implementation schedule, the manner in which training records will be maintained, and how the Contractor will ensure that the training will be provided in a timely manner. All new hires of Contractor shall receive all required training within thirty (30) days of the date the employee is hired. TRAINING RECORDS Contractor shall maintain a training record on which the Contractor will note each driver’s training including the date, time, training location 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. OTHER REQUIREMENTS: Each driver must possess and maintain a valid Colorado driver’s license as required by law. Contractor must supervise drivers and monitor their performance. Any driver found to be jeopardizing the safety of a Dial-A-ride passenger must be immediately removed from provision of service under this contract. Failure to do so is grounds for immediate cancellation of this contract. Contractor is required to maintain a list of qualified substitute drivers so that absenteeism does not affect service provision. FLEET MANAGEMENT The Contractor is required to: • Provide all necessary vehicles to provide service, • Maintain all necessary vehicles, 22//99//00 00 • Maintain proper insurance (see Insurance section of this RFP), • Provide necessary fuel, spare parts and supplies at the Contractors expense, and • Provide necessary maintenance for two-way radios. The Contractor will provide all vehicles and, at its cost, shall ensure that all vehicles meet the following standards: 1. Provide sufficient, safe and suitable vehicles capable of meeting all service requirements. Contractor supplied vehicles need not be new; however, vehicles must meet all other criteria to be suitable to accomplish the objectives indicated. 2. The Contractor shall have an adequate spare vehicle ratio and an established procedure to provide backup vehicles immediately as needed. 3. Each vehicle shall have functioning and adequate air-conditioning and heating for passenger comfort. Such systems shall be maintained in good working order. 4. Each vehicle will have a functioning two-way radio. 5. All vehicles shall be kept 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 immediate service. 6. Vehicles will have a minimum capacity of 3 passengers. Vehicles will also have sufficient cargo space for walkers, canes, 4 bags of groceries, etc. 7. The Contractor shall perform a daily inspection of all vehicles, preventative and routine maintenance and timely repairs so as to minimize vehicle down time. This shall include, but not be limited to brakes, windshield wipers/washers, operational windows, tires, electrical systems, and exhaust. Pre-and post-trip inspections shall be performed consistent with U.S. Department of Transportation regulations. 8. Each vehicle shall be equipped at a minimum with a first-aid kit, an approved fire extinguisher, emergency flashlight, emergency reflective triangles, and reflective safety vest. 9. All vehicles shall meet U.S. Department of Transportation requirements for vehicles in fare service to the public. The Contractor shall be required to furnish proof that the vehicles comply with those standards prior to each vehicle being placed in service. 10. Each vehicle shall be appropriately registered, licensed, and insured in the State of Colorado and shall comply with all re-inspection requirements. Each vehicle must comply with all requirements of the State of Colorado and the Front Range emission standards. All vehicles will be inspected periodically by the City 11. Vehicles assigned to revenue service under this contract may not be used to perform other work (i.e. Contractor may not place non-Dial-A-Ride passengers with Dial-A-Ride passengers). GENERAL ADMINISTRATION The Contractor is required to: 22//99//00 00 1. Operate the designated system according to the City of Fort Collins Dial-A-Ride operating policies and procedures. 2. Provide service in a manner which will maximize safety and customer service. 3. Meet with the City on a regularly scheduled basis (bi-monthly) to assess service performance and discuss any other operational issues. The City may schedule additional meetings as operational needs arise. 4. Investigate all complaints and provide the City with a monthly report. 5. Investigate all accidents/incidents and provide the City of Fort Collins with a detailed report within 24 hours of the occurrence. 6. Should an emergency occur in the city, regionally, or countywide requiring transportation of City residents, it is expected that the Contractor will cooperate with the evacuation per the City Plan. Reimbursement for the services provided would be consistent with the terms of the Contractor’s contract with the City of Fort Collins. 7. Cooperate with any marketing activities established by the City and distribute rider service information as required, 8. Provide phone lines for voice, fax, and data transmission at a rate of 56K or better, 9. Communicate as needed with Dial-A-Ride Dispatch office regarding vehicle and driver availability, schedule adherence and any other operational issues, 10. Have a suitable facility for the provision of services. COLLISION /INCIDENT REPORTING COLLISION: A collision is defined to include any unexpected or unintentional occurrence which results in vehicle damage and/or injury or suspected injury to a Dial-A- Ride client while such client is in, entering or leaving contractor’s vehicle, or while the client is in the care of the Contractor, its designee or employees. 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 client or property. All collisions and incidents must be reported to the City within 24 hours. A determination of preventability must be made for each collision/incident. Each collision/incident will be reported as preventable or non-preventable in the monthly report that will be submitted to the City of Fort Collins. The Contractor is required to: • Schedule rides and provide a copy of daily manifests to Dial-A-Ride • Collect, reconcile, and report all fares to Dial-A-Ride • Maintain and provide monthly reports (City forms will be provided) to Dial-A-Ride for the following: 1. Passenger trips to include no-shows and cancellations 2. Fares collected 3. Complaints (along with detailed resolution) 4. On-time performance compliance 22//99//00 00 • Recordkeeping, as well as responses to the City of Fort Collins communications, shall be facilitated in a responsible manner. All responses to requests for information made by the City of Fort Collins should be submitted within 3 business days unless otherwise specified. • The Dial-A-Ride system requires that the Contractor collect and maintain data for a variety of purposes. A major portion of the data is transferred into reports required by the City of Fort Collins. In all cases, data must be maintained in a current manner and available for review upon request by Dial-A-Ride and/or the City of Fort Collins. If reports are late or data incomplete, the payment due to the Contractor will be withheld until such time as there is proper compliance. Revenues: 1. The fare system shall be determined by the City of Fort Collins and administered by the Contractor per City guidelines. 2. There shall be no solicitation or acceptance of tips. 3. Fares shall be documented on City forms and the Contractor shall be accountable for all funds collected. 4. Fares shall be retained by the Contractor and reconciled through Transfort/Dial-A-Ride Administration on a weekly basis. Driver manifests will be submitted to Dial-A-Ride at the same time fare reconciliation is conducted. 5. The Contractor will provide the Transfort/Dial-A-Ride Manager with a written copy of its administrative procedures to account for fares collected by its drivers. 6. The Contractor shall be responsible for cooperating with the sale of tokens and collecting revenue for such sales. 7. The City Auditor(s) may at any time during the contract period change these requirements as he/she deems necessary to insure adequate controls are in place to protect the interests of the City of Fort Collins. DAILY RECORDS The Contractor must record daily the following information on City provided forms: 1. Actual pick up and drop off time, 2. Actual pick up and drop off location, 3. Actual mileage reading at pick up and drop off of each passenger, 4. Total cancellations, 5. Total no-shows, 6. Total missed trips (trips that are cancelled by the provider and trips provided too late for the rider to meet an appointment), 7. Vehicle miles (revenue miles, deadhead miles, total), 8. Vehicle hours (revenue hours, deadhead hours, total). MONTHLY INVOICE & SUMMARY By the 10th calendar day of each month, the Contractor must provide Transfort/Dial-A-Ride a Service Data Summary and monthly invoice for each component of service for the previous month. Transfort/Dial-A-Ride will provide the forms for monthly invoices. See Attachment D. This will include but is not limited to the following: 22//99//00 00 1. Total number of individual trips, 2. On-time performance reports, 3. Summary of monthly accidents/passenger injuries 4. Summary of monthly complaints. Total number of trips: Ø Client billing must be sorted in chronological order by date and vehicle number Ø Each trip must be assigned a trip number Ø Each reported trip must have a trip sheet signed by the passenger. The Contractor will not be reimbursed for trips that do not have a trip sheet that is signed by the passenger. On-time performance reports: Ø Actual pick-up times must be compared to scheduled center time and any trips that are not within the 15 minute +/- window must be reported as failure to meet on-time performance requirement of this contract. Contractor will maintain this operating standard at or above a 90% level. Ø Actual arrival times for the first pick of the day and the first pick up after a scheduled lunch break will be compared to the scheduled center time . Trips that are not before the scheduled center time must be reported as failure to meet on-time performance requirement of this contract. Contractor will maintain this standard at or above a 98% level. Collision/Passenger Injuries: Ø Report shall log each collision/incident and provide a brief description of each, Ø Summary of the investigation determination including the findings regarding preventability. Ø Summary of the resolution of each collision/incident. Complaints: Ø Report shall log each complaint and provide a brief description of each, Ø Report shall include Contractors employee’s name, if applicable, Ø Summary of the investigation determination including the findings regarding preventability, Ø Summary of the resolution of each complaint. Ø Contractor shall ensure that there is no more than one (1) complaint per 1,000 revenue hours performed. The City reserves the right to request that the Contractor provide additional information when necessary. Requests for additional information must be submitted in a timely manner. The City of Fort Collins receives funding to operate the service under grants issued by the State and Federal governments. Therefore, the Contractor will retain all records required by these bid 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 Contractor shall furnish the City with such information, statistics, and data as is necessary. The Contractor will not unilaterally implement company policy that directly impacts the system’s operation or is in conflict with its contract with the City without prior discussion and approval by the Transfort/Dial-A-Ride Manager or his/her designee. INSURANCE REQUIRED The Contractor will furnish certificates of insurance indicating that it has insurance as follows: Auto Liability $1,000,000 per occurrence 22//99//00 00 Uninsured Motorist $1,000,000 per occurrence Worker’s Compensation Coverage A – Statutory Limits Coverage B $100,000 each accident $500,000 bodily injury for disease $100,000 bodily injury by disease per employee The City should be named as an additional insured on each policy. 22//99//00 00 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 interview session. 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 FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 0033 Reference evaluation (Top Ranked 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? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 0033 Attachment “A” 0033 Attachment “B” SA 10/01 1 SA 10/01 2 SA 10/01 3 SA 10/01 4 SA 10/01 5 SA 10/01 6 SA 10/01 7 SA 10/01 8 Attachment “D” SA 10/01 9 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[s], 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[s], 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 1] 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. SA 10/01 10 4. Contract Period. [Option 2] This Agreement shall commence ________, 200_, and shall continue in full force and effect until ________, 200_, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ___ (_) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option. 6. 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: Service Provider: __________________________ ______________________________ __________________________ ______________________________ __________________________ ______________________________ SA 10/01 11 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. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Dollars ($_________) [Option Cost Breakdown is attached Exhibit "C"] 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. 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. 11. 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. SA 10/01 12 12. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. 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. 14. 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. 15. Binding 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, personal representatives, successors and assigns of said parties. SA 10/01 13 16. 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 ______ (___) pages[s], 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. 17. 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. 18. 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. SA 10/01 14 19. 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 _____ (____) page[s], attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By: _________________________________ John F. Fischbach City Manager By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [Insert Corporation's name] or [Insert Partnership name] or [Insert individual's name] Doing business as ____[insert name of business] By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY SA 10/01 15 EXHIBIT B 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: 1. 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. SA 10/01 1 Forms Sample I SA 10/01 1 Forms Sample I SA 10/01 1 Forms Sample I SA 10/01 1 Forms Sample II SA 10/01 2 Forms Sample III SA 10/01 3 Forms Sample IV SA 10/01 1 Forms Sample V SA 10/01 1 Forms Sample VI SA 10/01 2 Forms Sample VII SA 10/01 1 Forms Sample VIII SA 10/01 1 EXHIBIT "__" - FEDERAL REQUIREMENTS TABLE OF CONTENTS Lobbying Page 2 Access to Records and Reports Page 2-3 Federal Changes Page 3 Contract Works Hours and Safety Standards Page 3-7 No Government Obligation to Third Parties Page 7 Program Fraud and False or Fraudulent Statements Page 8 Termination Page 8-12 Governmentwide Debarment and Suspension (Nonprocurement) Page 12 Privacy Act Page 13 Civil Rights Requirements Page 13 Patent and Rights in Data Page 14-17 Disadvantaged Business Enterprise (DBE) Page 17-18 Interests of Members of or Delegates to Congress Page 19 Incorporation of Federal Transit Administration (FTA) Terms Page 19 SA 10/01 2 LOBBYING 31 U.S.C. 135249 CFR Part 1949 CFR Part 20 Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to records requirements apply to this Contract: 1. 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 Unites 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. 2. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the Unites States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 3. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)(1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 4. 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. SA 10/01 3 5. 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). FEDERAL CHANGES 49 CFR Part 18 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 Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.? 827 -333 (1995) 29 C.F.R. 5 (1995) 29 C.F.R. 1926 (1995) Pursuant to Section 102 (Overtime): (1) Overtime requirements - No contractor or subcontractor contracting for any part of the 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 therefor 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 City of Fort Collins 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 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 SA 10/01 4 subcontractor or lower tier subcontractor with the clauses set forth in this section. (5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Section 107 (OSHA): Contract Work Hours and Safety Standards Act (i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor' if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. If it is later determined by the City of Fort Collins 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 of Fort Collins, 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 of Fort Collins in its sole discretion may, SA 10/01 5 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 of Fort Collins' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of Fort Collins 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 of Fort Collins from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins' remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the 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 of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. 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 Recipient. f. 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 of Fort Collins may terminate this contract for default. The City of Fort Collins 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 of Fort Collins, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins 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 of Fort Collins. g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of SA 10/01 6 Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor changed with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Fort Collins shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless -the notice directs otherwise), and deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. 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 Recipient. Termination for Convenience of Default (Cost-Type Contracts) The City of Fort Collins may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Fort Collins or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which SA 10/01 7 the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the City of Fort Collins determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 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 seq. 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 SA 10/01 8 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. TERMINATION 49 U.S.C.Part 18 FTA Circular 4220.1 D a. Termination for Convenience (General Provision) The City of Fort Collins 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 of Fort Collins to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Fort Collins, the Contractor will account for the same, and dispose of it in the manner the City of Fort Collins 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 of Fort Collins 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 of Fort Collins 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 of Fort Collins, 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 of Fort Collins 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 of Fort Collins' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of Fort Collins 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 of Fort Collins from also pursuing all available remedies against Contractor and its SA 10/01 9 sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins' remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the 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 of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. 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 Recipient. f. 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 of Fort Collins may terminate this contract for default. The City of Fort Collins 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 of Fort Collins, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins 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 of Fort Collins. g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor changed with SA 10/01 10 damages Under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the City of Fort Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Fort Collins shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless -the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. 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 Recipient. i. Termination for Convenience of Default (Cost-Type Contracts) The City of Fort Collins may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Fort Collins or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties shall SA 10/01 11 negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the Work performed up to the time of termination. If, after serving a notice of termination for default, the City of Fort Collins determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29 Executive Order 12549 Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below . 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Fort Collins may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the City of Fort Collins if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the City of Fort Collins for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City of Fort Collins. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. SA 10/01 12 Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City of Fort Collins may pursue available remedies including suspension and/or debarment. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R. 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. PRIVACY ACT 5 U.S.C. 552 When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C.? 623, 42 U.S.C. 2000 42 U.S.C.? 6102, 42 U.S.C. 12112 42 U.S.C.? 12132, 49 U.S.C. 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. SA 10/01 13 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 VI I 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 cet., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 1 1 246 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. (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. PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is governed by Federal SA 10/01 14 law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights ,as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government reserves a royalty- free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)l and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this SA 10/01 15 clause and shall be delivered as the Federal Government may direct. This subsection (c), however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, SA 10/01 16 local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all grantees and vendors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. Disadvantaged Business Enterprise Provision 1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match projected procurements with available qualified disadvantaged businesses. the City of Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by the City of Fort Collins as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, the City of Fort Collins may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. (a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum SA 10/01 17 opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of the City of Fort Collins to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of the City of Fort Collins procurement activities is encouraged. (b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, the City of Fort Collins may declare the contractor noncompliant and in breach of contract. (d) The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with the City of Fort Collins DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of the City of Fort Collins and will be submitted to the City of Fort Collins upon request. (e) The City of Fort Collins will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: * Identification of qualified DBE * Available listing of Minority Assistance Agencies * Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the contract: (a) Disadvantaged business "means a small business concern": i. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or more women individuals who own it. (b) "Small business concern" means a small business as defined by Section 3 of the Small SA 10/01 18 Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. (c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. i. "Black Americans", which includes persons having origins in any of the Black racial groups of Africa; ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; iv. "Asian-Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; v. "Asian-Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh. INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. PROHIBITED INTEREST No employee, officer, or agent of the grantee shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when: The employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.ID 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 D, dated April 15, 1996, 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 the City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. Attachment 1 SA 10/01 19 BUY AMERICA REQUIREMENTS -49 U.S.C. 5323(j) - 49 CFR Part 661 A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. Date ________________________________________________________________________ Signature ____________________________________________________________________ Company Name ______________________________________________________________ Title ________________________________________________________________________ SA 10/01 20 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite 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