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Home My WebLink AboutRFP - 7672 MAX TICKET VENDING MACHINES - COLLECTION SERVICES7672 Max Ticket Vending Machines – Collection Services Page 1 of 40 REQUEST FOR PROPOSAL 7672 MAX TICKET VENDING MACHINES – COLLECTION SERVICES The City of Fort Collins is requesting proposals from qualified firms to operate a cash collection and counting service for all MAX Bus Rapid Transit (BRT) Ticket Vending Machines (TVM). The City’s intention is to have the contractor service a minimum of fifteen (15) machines one day a month, with the possibility of servicing all twenty one (21) machines at least once a month and if needed, twice a month, as volumes increase. A key objective of this contract is to provide Transfort riders with the highest quality customer service by maximizing the availability of Ticket Vending Machines at all times. Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies will be received at the City of Fort Collins' Purchasing Division, 215 North Mason, 2nd Floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 pm (our clock) on July 28, 2014 and referenced as Proposal No. 7672. 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. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, or national origin. Questions concerning the scope of the project should be directed to the Project Manager Karl Gannon, 970-416-2087, e-mail: kgannon@fcgov.com. Questions regarding proposal submittal or process should be directed to Jill Wilson, Buyer, 970- 221-6216, email: jwilson@fcgov.com. The deadline for submitting questions is on July 24, 2014. Please submit your questions via email to the Project Manager, Karl Gannon, with a copy to Jill Wilson. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing hasing 7672 Max Ticket Vending Machines – Collection Services Page 2 of 40 service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises 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, Gerry S. Paul Director of Purchasing & Risk Management 7672 Max Ticket Vending Machines – Collection Services Page 3 of 40 REQUEST FOR PROPOSAL 7672 MAX TICKET VENDING MACHINES – COLLECTION SERVICES I. OVERVIEW The City of Fort Collins (City) and Transfort wishes to retain the services of a qualified firm to provide cash collection and counting services for all MAX Bus Rapid Transit (BRT) Ticket Vending Machines (TVM). The City’s intention is to have the contractor service a minimum of fifteen (15) machines one day a month, with the possibility of servicing all twenty one (21) machines at least once a month and if needed, twice a month, as volumes increase. A key objective of this contract is to provide Transfort riders with the highest quality customer service by maximizing the availability of TVMs at all times. The selected firm must demonstrate the ability to be flexible in servicing the minimum number of machines until volumes increase. Transfort currently has nineteen (19) TVMs located along the MAX BRT guide-way and two (2) TVMs at the South Transit Center. All TVM models are S&B FAA 2000 TS Fare Vending. Cash receipt totals from the TVMs are unknown at this point as revenue operations along the MAX BRT Guide-way will not commence until August 25, 2014. Exhibit A, attached hereto and incorporated herein, lists each location, the number of TVMs per site, the primary TVM’s that will be serviced every month and when the service is expected to come online. The selected Contractor and all its representatives are required to conform to the scope of services contained in this Request for Proposal as part of the contract. This project involves Federal Transit Administrative (FTA) funding and the successful firm and the City shall sign a Service Agreement, attached hereto and incorporated herein as reference. In conjunction with the Service Agreement are federally required Federal Transit Authority (FTA) contract clauses, attached hereto and incorporated herein as reference. A. TICKET VENDING MACHINE DEFINITIONS AND SPECIFICATIONS 1. Ticket Vending Machines: Ticket vending machines (TVMs) accept bills, coins and credit/debit cards to issue a printed ticket. 2. TVM Physical Characteristics: Equipment has been designed and constructed to prevent theft and unauthorized access, minimize the effects of vandalism, prevent unauthorized removal of the equipment from its installed location and enable access by authorized personnel. 3. Denomination of Bills: The TVM bill handling system accepts U.S. $1, $5, $10 and $20 bills. The bill handling system is programmable to accept at least six additional denominations or bill designs. Bills can be processed facing upwards or downwards and turned to face either left or right. 4. Bill Vault: Each TVM is delivered with one bill vault and one spare bill vault. When empty, the bill vault will not weigh more than ten pounds. 5. Coin Vault: Each TVM is delivered with one coin vault and one spare coin vault. The interior dimensions of the coin vault will not be less than 350 cubic inches. When empty, the coin vault will not weigh more than 10 pounds. 6. Coin Hopper: There are six coin hoppers supplied with each TVM. Three coin hoppers and three spare coin hoppers are delivered with each TVM. hasing 7672 Max Ticket Vending Machines – Collection Services Page 4 of 40 7. Designated Coins: The TVMs accept the following U.S. coins: a) Nickels, b) Dimes, c) Quarters, and d) Dollars (Susan B. Anthony and Sacajawea types). Coins of foreign denominations or not meeting the U.S. Department of Treasury standards will not be accepted as a valid coin. The machines can be reconfigured to allow the coin handling system to accept coins other than those listed above, such as 50-cent pieces and a different mix of denominations caused by a change in fares. 8. Access to TVMs: Access to the TVM interior for servicing is through the front door. Opening the front door of the TVM will require engagement of the locking mechanism with the proper keying device. Each person accessing a TVM must have a separate pin which shall be entered upon opening the door. These will be assigned by Transfort and under no circumstances may they be used by or shared with anyone other than the assignee. Contractor shall immediately notify Transfort of any change in personnel so Transfort can disable the pin code(s). II. SCOPE OF SERVICES A. Requested services include the following and each is detailed below: 1. Currency and coin exchange 2. Equipment handling and storage 3. Security for currency and coin transportation 4. Cash counting 5. Receipt reconciliation 6. Bank deposits 7. Revenue reporting 1. Currency and Coin Exchange a. TVM Units Exchanged: The following units will be exchanged and/or filled in each TVM as required: bill vaults, coin vaults, coin hoppers and coin magazines. b. Exchanging Coin and Currency Vaults: Contractor shall exchange coin and currency vaults according to a schedule to be provided by Transfort prior to commencement of service. Contractor shall unload full bill and coin vaults (one vault for bills and one vault for coins) in each TVM as needed and replace them with new empty units. Contractor shall replace the coin hoppers with components containing a full complement of coins and fill the coin magazines at the time of revenue servicing based on the specific needs for coins in each TVM. c. TVM Service Crew: A two-person (sometimes three-person) dedicated crew is estimated to be necessary to provide regularly scheduled TVM revenue servicing. It is the Contractor’s responsibility to determine the exact number of personnel it needs to provide the regularly scheduled services effectively. d. Coin Inventory for Change: Contractor is expected to maintain an adequate coin inventory for revenue servicing. Coins necessary to fill the change 7672 Max Ticket Vending Machines – Collection Services Page 5 of 40 making units (coin hoppers and coin magazines) will be provided by Transfort. Transfort will authorize the bank to make the coins available to the Contractor as needed to replenish the change inventory. The coins will be filled through the same bank where the Contractor makes the deposits. If any shortages occur with coins ordered from the bank, the Contractor shall inform Transfort and provide documentation of the shortage no later than the day after receipt of the change order. Any shortages not found and acknowledged by the bank are the responsibility of the Contractor. 2. Equipment Handling and Storage a. Repair and Replacement of Damaged Components: Contractor shall routinely handle and transport bill vaults, coin vaults and coin hoppers. Contractor shall ensure that the equipment is transported, handled and stored in a manner that will prevent the equipment from being damaged. b. Equipment Listing. The following are examples of damage to revenue service equipment which primarily happens when equipment is dropped, thrown, allowed to slide on a surface, or when components within the TVM are mishandled:  cracked/broken coin chute  cracked/broken coin hopper  cracked/bent casing  bent/misshapen pin connector  broken/bent handles  broken/bent door  bent housing  broken/bent/misaligned access door  broken/sheared stand-off pins  bent/misaligned slider mounts  strained/unseated electrical cables  broken ACM board  broken coin vault transponder unit . c. Damaged Equipment: In the event any of these components are damaged while in the possession of the Contractor or from improper handling of components within the TVMs, the Contractor shall be responsible for the repair or replacement of these components. The repair and replacement cost of the equipment damaged by the Contractor shall be charged back to the Contractor. d. Reporting on Damaged Equipment: Before Contractor is charged for the cost of repairing or replacing the damaged equipment, Transfort shall first provide the details of the damage to the Contractor in writing. Contractor shall provide a written response with any relevant information to Transfort within ten working days. The final decision on chargebacks for the cost of repairing or replacing damaged equipment will be made by the designated Transfort representative. 3. Security for Currency and Coin Transportation The Contractor shall provide security for vehicles, employees, transported cash, 7672 Max Ticket Vending Machines – Collection Services Page 6 of 40 TVM keys, vaults, hoppers and cash counting. 4. Cash Counting a. Cash Counting: Contractor shall sort and count the cash from the TVM cash vaults in a secured facility with closed circuit monitoring. The Contractor shall count Transfort funds and report the contents of each coin and currency vault separately for each TVM serviced. Reports on the contents of each TVM serviced shall be provided to Transfort within 24 hours of deposit. b. Counting Mixed Coin: All coins from each machine shall be counted and totaled by unit. c. Counting Currency: All currency from each machine shall be counted and totaled by unit. d. Counterfeit Coins and Currency: Contractor shall report to Transfort any nonconforming or counterfeit cash within 24 hours of processing. e. Mutilated Coins and Currency: If possible, Contractor shall count and repair mutilated currency, deposit all mutilated coin and currency, and give Transfort bank credit within 24 hours of processing. f. Transfort Monitoring: Transfort, at its sole discretion, may have its employees monitor the counting of coin and currency on a periodic basis. 5. Reconciliation a. Balancing and Reconciling TVMs: Contractor shall be responsible for balancing and reconciling each machine when it is serviced. When Contractor removes a container from a TVM, the Contractor will be able to print a report from the TVM, showing total cash in each container. The Contractor shall use this report to demonstrate the TVM generated data reconciles against the cash deposited. The reconciliation documents and TVM reports shall be provided to Transfort, within 48 hours of pickup. b. Notification of Variances: A designated representative from Transfort must be notified of variances of plus (+) or minus (-) $10.00 or more in any TVM vault processed. This notification shall be both verbally communicated and emailed within 1 business day of processing by the Contractor. c. Shortages: Contractor shall be responsible for all shortages over $10.00 between deposited cash and TVM accounting reports unless such discrepancies are a result of TVM errors that are known and approved by Transfort. 6. Bank Deposits a. Responsibility for Cash: Contractor is responsible for all currency picked up from the TVMs until such currency is deposited into Transfort’s bank account. b. Timing of Deposits: Bank credit shall be issued to Transfort within 24 hours of when the Contractor takes possession of the cash. The only exceptions are days that the bank is closed, such as bank holidays. Deposits shall be made no later than the next business day following the day the cash is 7672 Max Ticket Vending Machines – Collection Services Page 7 of 40 collected from the TVMs. c. Designated Bank: All deposits shall be made at any First National Bank. 7. Revenue Reporting a. Reporting and Confirming Revenues: Contractor shall report all collected revenue by TVM, container number and coin/bill denomination within 24 hours of deposit. This report shall be presented to a designated Transfort representative who shall confirm the processed revenue amount on the form provided. b. TVM Records and Damage Reporting: Contractor shall provide proper inventory of vaults and hoppers to include the container type, serial number and date of equipment transfers. Contractor shall also provide delivery and collection of revenue servicing equipment to Transfort. c. Audit Reports: Each time a money container is removed or inserted by Contractor personnel, a vault exchange card shall be printed from the TVM. Contractor is required to use these reports to process and reconcile deposits for each TVM and provide said reports to Transfort within 24 hours of making deposits to the bank, as proof that deposits reconcile to these reports. d. Reporting Costs: The cost of preparing reports is included in the billable rates for services and is not charged separately. B. SCHEDULE Services are described below as Scheduled and Unscheduled Services. Transfort will coordinate with the Contractor to schedule services. 1. Scheduled Services a. Scheduled Services include the following tasks:  Periodic bill vault exchange  Periodic coin vault exchange  Periodic coin hopper exchange  Periodic coin magazine funds exchange  Cash handling and transportation  Audit report printing  Revenue reporting  Cash and coin counting  Periodic equipment delivery/collection  Equipment storage b. The cost for a Scheduled Service is the Contract rate and is a fixed rate per TVM. Refer to Exhibit B, Schedule A of attached Proposal Form. 2. Unscheduled Services Unscheduled services are revenue services which are necessary to bring a TVM to normal operating condition. Types of unscheduled services may include:  Unplanned servicing of a TVM.  Pickup at a particular location. 7672 Max Ticket Vending Machines – Collection Services Page 8 of 40  Services required to rectify revenue service errors.  Service requests for such events as vandalism, machine malfunctions, unplanned servicing of a TVM off the prescheduled service, or to correct Contractor caused errors. a. Unscheduled services include the following tasks:  Periodic bill vault exchange  Periodic coin vault exchange  Periodic coin hopper exchange  Periodic coin magazine funds exchange  Limited problem resolution  Cash handling and transportation  Audit report printing  Revenue reporting  Cash/coin counting b. Unplanned servicing. Three hour notice shall be provided for unexpected same day service. The goal is to not to exceed eight machines in any 24- hour period. c. Response times shall be a maximum of eight hours to complete service from the time of notification. d. Errors. Errors caused by Contractor shall be corrected at no cost to Transfort. Contractor shall correct at no cost to Transfort, revenue servicing error conditions that occur within 24 hours of the Contractor servicing equipment unless it is determined by Transfort that the error was not a result of revenue servicing. Transfort will work with the Contractor to outline those revenue error conditions where the Contractor would proceed to correct the problem without additional instructions from Transfort. Adequate reserve equipment and vehicles shall be made available for use if the primary equipment is not available. e. Audits may be conducted to compare cash in TVM to TVM receipts and to determine machine malfunctions on a periodic basis. These audits are not unscheduled services if included in the regular service schedule provided to the Contractor. f. The Contractor may be needed to meet with maintenance personnel to respond to TVM breakdowns or vandalism in the event that cash must be removed quickly from a TVM. g. Contractor may charge all unscheduled services (with the exception of Contractor-caused errors) at the Contract rate, which is an hourly rate per services. Refer to Exhibit B, Schedule B of the attached Proposal Form for the Unscheduled Services rate. The Cash Counting billable rate is found on Exhibit B, Schedule D of the Proposal Form. 7672 Max Ticket Vending Machines – Collection Services Page 9 of 40 C. TRANSFORT RESPONSIBILITIES Transfort will provide the following:  Coins required to replenish coin hoppers and magazines in each TVM as needed prior to the commencement of cash collection service. Transfort will order the coins to be picked up by the Contractor.  Empty coin and bill vaults. The number of coin and bill vaults provided to the Contractor may be adjusted based on actual usage.  Written step-by-step procedures for revenue servicing of TVMs, initial and annual re-qualification training of Contractor employees.  Bank account number for deposit of revenues. Bank supplies will be provided as necessary.  Separate TVM log-in access codes for assigned Contractor staff. D. STAFFING 1. Contractor shall provide its assigned personnel with uniforms and photo ID so as to clearly identify assigned personnel as contractor-employees. E. TRAINING Refer to Exhibit B, Schedule E of the attached Proposal Form for the rates to bill for participation in training sessions. 1. Initial Training: Prior to beginning services by the Contractor, Transfort will provide initial training to Contractor personnel at the onset of this Agreement. Such training will address proper servicing of TVM equipment, responsibilities related to resolving problems and identification of instances where the Contractor will need to interact with Transfort. In general, the initial training will cover the following:  General operation of a TVM  General operation of TVM components  Standard operating procedures  MAX BRT Guideway Access Training  Instructor Training 2. Ongoing Training: Contractor shall be responsible for any subsequent training required for new employees. 3. Manuals: Transfort will provide TVM operating manuals and a Guideway Access Training manual to the contractor. F. MONITORING AND AUDITS 1. Periodic Inventory: Transfort may, at its discretion, conduct an inventory of all equipment held by the Contractor. 2. Annual Physical Inventory: Contractor will maintain a current inventory of keys, vaults and hoppers, etc., issued by Transfort. Inventory reports shall be provided to Transfort on demand and be available for audits. Contractor is financially 7672 Max Ticket Vending Machines – Collection Services Page 10 of 40 responsible for the replacement of all items issued to the Contractor by Transfort that are lost or damaged beyond use by the Contractor. Contractor must notify Transfort immediately of lost keys, vaults, coin hoppers, or other items that belong to Transfort. 3. Monthly Exception Inventory: Contractor shall provide a monthly exception report of inventory to Transfort, including such items as keys, vaults, hoppers, etc., issued to the Contractor. The purpose of the exception report is to notify Transfort of any changes (additions or deletions) to inventory, including details of any items sent to or received from Transfort. 4. Standards of Performance: It is the objective of Transfort to maximize TVM availability to our customers. Contractor’s standard of performance shall be measured based on the extent to which this objective is achieved through adequate revenue servicing. Transfort will also measure the Contractor’s performance based on the accuracy of work performed relative to cash processing and depositing as well as the adequacy of operating procedures and the maintenance of required records. Internal Control Report: Transfort may require a report on Contractor’s internal account controls. Transfort will, at its cost, select an independent Certified Public Accountant (CPA) to perform the audits necessary to issue the required report(s). Contractor will be required by Transfort to allow the independent CPA, upon reasonable notice, to examine the Contractor’s records, processes, systems, and facilities, etc., as necessary, to gather adequate information to issue the required report(s). 5. Improper Servicing: Transfort will not reimburse the Contractor for faulty revenue servicing. For example, if a bill vault or coin hopper is replaced and the TVM goes out of service within the next 24 hours due to the bill vault or coin hopper being inserted incorrectly, Transfort will not be liable for the cost of that revenue service. Transfort shall make the final determination as to whether improper revenue servicing techniques were administered. In addition, charges incurred by Transfort for maintenance and repair as a result of faulty service will be billed back to the Contractor. 6. Termination: The following actions may be grounds for termination of the Agreement if one or more of the following events occur:  No more than three TVMs may be improperly serviced during a 30 day period.  No more than five instances of false alarms caused by improper revenue servicing will be permitted within a 60 day period. Contractor is advised that alarms cause the machine to go out of service and the equipment maintenance team must respond to the out of service alarm.  Failure to make timely or complete deposits of funds removed from TVMs.  Excessive damage to revenue servicing equipment by the Contractor.  Contractor fails to adhere to the revenue service schedule agreed to by Transfort and the Contractor (i.e., omitting one or more of the assigned stops on any given day) unless advance notification is 7672 Max Ticket Vending Machines – Collection Services Page 11 of 40 given to Transfort and Transfort has agreed to the change in schedule.  Unexplained cash shortages above the $10.00 threshold occurring more than three times in a 30 day period.  Failure to maintain a cash counting facility that meets minimum industry standards.  TVMs not functioning due to ordered collection services not being provided.  Failure to accurately account for equipment received or to maintain adequate account of coins issued for revenue service.  Failure to ensure that all new employees complete training before performing any revenue collection service under this contract. G. TRANSPORTATION EQUIPMENT The Contractor shall maintain adequate vehicles and equipment needed to load/unload and transport vaults and supplies as well as to accurately process currency. Funds shall be transported using vehicles that meet minimum armored car industry requirements. H. SECURITY KEYS The Contractor shall be issued high security keys to access revenue collection compartments and vault contents. The Contractor shall be responsible for the safekeeping of these keys. In the event that the keys are lost or misplaced, the Contractor shall be responsible for all costs associated with the re-keying or replacement of locks and any revenue loss or equipment damage attributed to the subsequent use of lost keys. The Contractor must notify Transfort within 12 hours of when a key is identified as lost, missing, or damaged beyond repair. The Contractor must also coordinate the changing of locks and replacement keys within 24 hours of discovery. III. PROPOSAL REQUIREMENTS The following must be included in the proposal:  Completion of Exhibit B, Proposal Form - Price Schedule, attached hereto and incorporated herein by this reference.  Responses to the Review and Assessment questions as presented in Section IV, attached hereto and incorporated herein by this reference.  Business name, contact person and contact information (including email).  Three professional references that the Project Manager can contact. 7672 Max Ticket Vending Machines – Collection Services Page 12 of 40 IV. 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(s). 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? Is there sufficient staff, of the requisite skills, assigned to the project? 1.0 Availability Can the work be completed in the necessary timeframe? 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? 3.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 1.0 UDBE Is the primary firm a UDBE or has the primary firm submitted UDBE participation that meets or exceeds UDBE goal for the project? 7672 Max Ticket Vending Machines – Collection Services Page 13 of 40 V. REFERENCE EVALUATION (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Outstanding/Satisfactory/Unsatisfactory. If the references and background screenings are acceptable, an agreement will be awarded to the highest ranked firm/individual, subject to suitable contract negotiations. QUALIFICATION STANDARD Overall Performance Would you hire this firm/individual again? Did they show the skills required for this project? Did they show flexibility and willingness to “go the extra mile” to ensure that concession customers were given the appropriate amount and level of service? Timing Did the firm/individual fulfill hours of operation with sufficient products and staff? Were requests for information met in a timely manner? Completeness Was the firm/individual responsive to client needs; did they anticipate problems? Were problems solved quickly and effectively? Financial Did this firm/individual consistently demonstrate the financial ability to perform and make full payments to the agency on time? Job Knowledge Did this firm/individual possess the appropriate knowledge, skills and abilities, staff and resources to effectively operate a concession operation? Was the contract operated smoothly? Other What problems (if any) did you encounter with this firm/individual? 7672 Max Ticket Vending Machines – Collection Services Page 14 of 40 EXHIBIT A TVM Locations MAX Station Address # of TVMs DTC 250 N Mason 1 * Mountain NB 110 N Mason 1 Mountain SB 101 S Mason 1 * Olive NB 270 S Mason 1 Olive SB 301 S Mason 1 Mulberry NB 430 S Mason 1 * Mulberry SB 501 S Mason 1 * Laurel NB 648 S Mason 1 Laurel SB 640 S Mason 1 University Station 1026 S Mason 1 * Prospect Station 112 W Prospect 1 * Spring Creek Station 2201 S College 2 * Drake Station 200 W Drake Rd 1 * Swallow Station 3110 McClelland Dr 2 * Horsetooth Station 219 Horsetooth Rd 1 Troutman Station 4237 S Mason 1 * Harmony Station 224 W Harmony Rd 1 * South Transit Center Fairway Lane 2 * All TVM locations are due to be operational on August 25, 2014 *Primary TVM locations that will be serviced every month 7672 Max Ticket Vending Machines – Collection Services Page 15 of 40 EXHIBIT B PROPOSAL FORM - PRICE SCHEDULES The requirements of each of the proposal items on the Price Schedules are specified or shown as part of this pricing form. Unit prices shall be offered for each proposal item; failure to do so may render the proposal non-responsive. Transfort reserves the right to correct obvious mathematical errors on the Proposal Schedule. Rates stated below shall be fully-burdened (all-inclusive rate which includes direct hourly rates, direct costs, overhead and profit). No direct or indirect costs shall be paid by Transfort without prior approval by Transfort. Estimated quantities for unit price items are provided for evaluation purposes only. Transfort makes no guarantee as to the actual quantity of unit priced items that will be required. NOTE: If prices are not submitted on all line items, the proposal may be considered nonresponsive. Please do not deviate from the formats listed below. Prices listed, including escalation, will apply for the entire term of the contract. We agree that, if we are awarded this Agreement, we will be entitled to payment only for actual unit quantities performed. Having carefully examined the contract documents for this solicitation as prepared by the City, we propose to provide the services identified in the contract documents for the prices set forth as follows: Scheduled Services Schedule A: Scheduled Services Per TVM 1X/month Total Extended 1X/month Per TVM 2X/month Total Extended 2X/month Fixed Service rate per TVM (15 TVMs) $ $ $ $ Fixed Service rate per TVM (21 TVMs) $ $ $ $ Unscheduled Services Schedule B: Unscheduled Services Hourly Rate Unscheduled TVM Services $ Cash Counting Cash counting for scheduled and unscheduled services is to be based on a fixed rate for every container processed. The number of containers typically serviced for each TVM is two to a maximum of five. Cash Counting includes:  Count Coins and currency  Counterfeit and mutilated cash  Balancing and reconciliation  Shortages  Bank Deposit  Revenue Reporting 7672 Max Ticket Vending Machines – Collection Services Page 16 of 40 Schedule D: Cash Counting Per TVM 1X/month Total Extended 1X/month Per TVM 2X/month Total Extended 2X/month Fixed Rate Charged for each TVM container (15 TVMs) $ /Each $ $ /Each $ Fixed Rate Charged for each TVM container (21 TVMs) $ /Each $ $ /Each $ Pricing for Years 2 through 5 Provide a proposed rate change for Years 2 through 5, shown as a percentage rate for each year. Proposed rate change percentages are relative to the most previous year’s price. Pricing for Years 2 through 5 will be evaluated as part of the pricing evaluation. Schedule F: Pricing for Years 2 - 5 Percentage Increase/Decrease relative to previous year’s rate Year 2 % Year 3 % Year 4 % Year 5 % 7672 Max Ticket Vending Machines – Collection Services Page 17 of 40 SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution 7672 Max Ticket Vending Machines – Collection Services Page 18 of 40 shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: 7672 Max Ticket Vending Machines – Collection Services Page 19 of 40 Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. 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. 10. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its 7672 Max Ticket Vending Machines – Collection Services Page 20 of 40 respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. 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. 13. 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. 14. 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. 7672 Max Ticket Vending Machines – Collection Services Page 21 of 40 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. 15. 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. 16. 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. 17. 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. 7672 Max Ticket Vending Machines – Collection Services Page 22 of 40 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. 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. 20. 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. 7672 Max Ticket Vending Machines – Collection Services Page 23 of 40 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 7672 Max Ticket Vending Machines – Collection Services Page 24 of 40 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. 7672 Max Ticket Vending Machines – Collection Services Page 25 of 40 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE Date:_____________________________ 7672 Max Ticket Vending Machines – Collection Services Page 26 of 40 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 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. 7672 Max Ticket Vending Machines – Collection Services Page 27 of 40 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 7672 Max Ticket Vending Machines – Collection Services Page 28 of 40 FEDERAL TRANSIT ADMINISTRATION TABLE OF CONTENTS Federally Required and Other Model Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES ..................................................... 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3. ACCESS TO RECORDS AND REPORTS ............................................................................ 4. FEDERAL CHANGES .......................................................................................................... 5. TERMINATION ..................................................................................................................... 6. CIVIL RIGHTS REQUIREMENTS ......................................................................................... 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ......................................................... 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ................. 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ........... 10. BREACHES AND DISPUTE RESOLUTION ......................................................................... 11. LOBBYING ........................................................................................................................... 12. CLEAN AIR .......................................................................................................................... 13. CLEAN WATER REQUIREMENTS ...................................................................................... 14. ENERGY CONSERVATION REQUIREMENTS .................................................................... 15. CITY OF FORT COLLINS BID PROTEST PROCEDURES .................................................. 7672 Max Ticket Vending Machines – Collection Services Page 29 of 40 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et 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 Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor 7672 Max Ticket Vending Machines – Collection Services Page 30 of 40 agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operationa l Service Contract Turnkey Constructio n Architectural Engineering Acquisitio n of Rolling Stock Professional Services I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None None unless1 non- competitive award Those imposed on state pass thru to Contractor None Yes, if non- competitive award or if funded thru2 5307/5309/5 7672 Max Ticket Vending Machines – Collection Services Page 31 of 40 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION A. Termination for Convenience (General Provision) The (Recipient) 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 (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) 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 (Recipient) 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 (Recipient) 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 (Recipient), 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 (Recipient) 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 (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) 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 (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. E. Termination for Convenience (Professional or Transit Service Contracts) The 7672 Max Ticket Vending Machines – Collection Services Page 32 of 40 (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. F. 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 (Recipient) may terminate this contract for default. The (Recipient) 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. G. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) 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 (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) 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 (Recipient). H. 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 (Recipient) may terminate this contract for default. The (Recipient) 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 charged with damages under this clause if- 7672 Max Ticket Vending Machines – Collection Services Page 33 of 40 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 (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) 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. I. Termination for Convenience or Default (Architect and Engineering) The (Recipient) 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 (Recipient) 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. J. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) 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 (Recipient) 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 (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) 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 (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. 7672 Max Ticket Vending Machines – Collection Services Page 34 of 40 If the termination is for the convenience of the (Recipient), 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 (Recipient) 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 (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (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 7672 Max Ticket Vending Machines – Collection Services Page 35 of 40 employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is __ %. A separate contract goal [of __ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. 7672 Max Ticket Vending Machines – Collection Services Page 36 of 40 [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City of Fort Collins. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the City of Fort Collins and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.] e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior 7672 Max Ticket Vending Machines – Collection Services Page 37 of 40 practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. 7672 Max Ticket Vending Machines – Collection Services Page 38 of 40 Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 11. LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award 7672 Max Ticket Vending Machines – Collection Services Page 39 of 40 covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite 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. 7672 Max Ticket Vending Machines – Collection Services Page 40 of 40 __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date 12. CLEAN AIR Clean Air – (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 13. CLEAN WATER REQUIREMENTS Clean Water – (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 15. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. 311 None None unless non- competitive award None None unless non- competitiv e award None None unless non- competitive award II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects Yes3 Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Yes Yes Yes Yes Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)