HomeMy WebLinkAbout551044 MOORE & ASSOCIATES - CONTRACT - RFP - 8061 TRANSIT PASSENGER SURVEYSProfessional Services Agreement – Work Order Type
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PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and MOORE & ASSOCIATES, INC., hereinafter referred to as
"Professional".
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 Professional agrees to provide services in accordance with any
project Work Orders for 8061 TRANSIT PASSENGER SURVEYS , issued by the City. A
blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page
and is incorporated herein by this reference. The City reserves the right to independently
bid any project rather than issuing a Work Order to the Professional for the same pursuant
to this Agreement. 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. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence March 1, 2015, and shall continue in
full force and effect until February 29, 2016, unless sooner terminated as herein provided.
In addition, at the option of the City, the Agreement may be extended for additional one
year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Professional and mailed no later than thirty (30) days prior to
contract end.
5. 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 Professional. 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 address:
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Professional: City: Copy to:
Moore & Associates, Inc.
Attn: Allison Moore
28159 Avenue Stanford
Suite 110
Valencia, CA 91355
Allison@moore-associates.net
City of Fort Collins
Attn: Timothy Wilder,
Service Development
Manager
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 any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
6. Design, Project Insurance and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to
designs, plans, reports, specifications, and drawings and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
The Professional shall indemnify, save and hold harmless the City its officers and
employees, in accordance with Colorado law, from all damages whatsoever claimed by
third parties against the City and for the City's costs and reasonable attorney’s fees arising
directly or indirectly out of the Professional's negligent performance of any of the services
furnished under this Agreement. The Professional shall maintain insurance in accordance
with Exhibit B, consisting of one (1) page, attached hereto and incorporated herein.
7. Compensation. In consideration of services to be performed pursuant to this Agreement,
the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "E", consisting of one (1) page, attached hereto and incorporated
herein by this reference. At the election of the City, each Work Order may contain a
maximum fee, which shall be negotiated by the parties hereto for each such Work Order.
Monthly partial payments based upon the Professional's billings and itemized statements
are permissible. The amounts of all such partial payments shall be based upon the
Professional's City-verified progress in completing the services to be performed pursuant
to the Work Order and upon approval of the Professional's direct reimbursable expenses.
Final payment shall be made following acceptance of the work by the City. Upon final
payment, all designs, plans, reports, specifications, drawings, and other services rendered
by the Professional shall become the sole property of the City.
8. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
9. Project Drawings. Upon conclusion of the project and before final payment, the
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Professional shall provide the City with reproducible drawings of the project containing
accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable mylar base material using a non-fading process to provide for long
storage and high quality reproduction. "CD" disc of the as-built drawings shall also be
submitted to the owner in and AutoCAD version no older then the established city
standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any
Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work
Order, Work Schedule and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial
payment request.
11. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
12. Subcontractors. Professional 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
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 Professional.
13. Personal Services. It is understood that the City enters into this Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior
written consent of the City.
14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the work. 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.
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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.
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.
18. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Professional 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. Professional 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. Professional 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.
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d. If Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. Professional 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 Professional 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, Professional shall be liable for actual and
consequential damages to the City arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality,
consisting of one (1) page, Exhibit “D” – Scope of Work, consisting of six (6) pages, and
Exhibit “F” – Federal Transit Administration Clauses, consisting of six(6) pages, attached
hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing & Risk Management
Date: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
MOORE & ASSOCIATES, INC.
By: _________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
DocuSign Envelope ID: D874DCCD-DDCA-4283-8B30-80C7D2B1D634
3/11/2015
Corporate Secretary
3/16/2015
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
MOORE & ASSOCIATES, INC.
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
PROFESSIONAL
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Director of Purchasing and Risk Management
(over $60,000.00)
Date: ____________________________
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EXHIBIT B
INSURANCE REQUIREMENTS
1. The Professional 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 Professional 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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 Professional, 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 Professional under this Agreement. The
City, its officers, agents and employees shall be named as additional insureds on the
Professional '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 Professional shall maintain
during the life of this Agreement for all of the Professional'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 Professional 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional 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.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT C
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional
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 Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT D
SCOPE OF WORK
Methods and Approach
Project Understanding
Transfort, the City of Fort Collins’ public transit program, provides weekday and weekend fixed-
route services including a rapid transit route (MAX) and a regional route between Fort Collins
and Longmont (FLEX) as well as paratransit services. Serving a population of more than
150,000, the transit system consists of over 40 vehicles operating out of three primary transit
centers, including at the Colorado State University campus and downtown area. In order to
keep with Transfort’s mission of “providing exceptional, customer-focused service that meets
the community’s present and future needs,” the City is seeking to conduct a triennial system-
wide onboard survey to assess Transfort’s efforts toward meeting these mission goals.
The system-wide onboard survey is the main focus of this market research proposal as the
previous survey was conducted in 2008. However, other market research efforts may
potentially be included in this contract. Market research activities conducted on a regular or
ongoing basis allow transit providers to identify program strengths and weaknesses while
developing strategies for enhancing service, and thus mobility, within the service area. Given
the changes to factors that influence ridership, such as gas prices, employing market research
to clearly identify strategies for maximizing Transfort’s impact on community mobility is
particularly critical. Market research efforts form the backbone of primary data collection efforts
in the service planning process. Sound planning decisions are problematic absent the presence
of a solid foundation of quality, current data regarding travel patterns, fare media, the profile
customer, and demand for public transit service.
Scope of Work for Onboard Surveys
Professional’s approach to the Scope of Work describes the process for the triennial onboard
survey. Each task is addressed herein. An individual work scope will be developed for any
additional survey task orders included within this contract, at which time new tasks may be
discussed.
Task 1: Survey Planning
Upon receipt of a Notice to Proceed, our project manager will coordinate a project initiation
meeting with the City’s project manager. Subsequent to the project initiation meeting, our staff
will work with City staff to evaluate questionnaire topics, outline fielding schedules, and finalize
the project timeline. Our project team will then submit a draft survey instrument and sampling
plan as well as a proposed data collection timeline specific to the work order. Surveyors will be
recruited and trained after the survey instrument, sampling plan, and fielding schedules have
been finalized.
We recommend a target survey sample of no less than 2,500, split across weekday and
weekend service days. A detailed sampling plan will be developed using actual average daily
ridership for each route, and a fielding plan will be developed identifying on what routes/trips
data collection will take place.
Task 2: Develop Survey Instruments
Professional has been crafting high-quality survey instruments designed to obtain clean and
accurate responses for nearly 25 years. As such, Professional will design and format the
survey instrument so as to achieve optimal outcome while maintaining an environmentally
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sustainable approach. Once approved, the instrument will be translated into Spanish and
serialized. Among the survey topics we anticipate are:
Origin and destination,
Means of accessing Transfort,
Home ZIP code,
Fare media used,
Use of transfers,
Reason for riding,
Frequency of use,
Response to recent service changes (if desired),
Barriers to use of public transit,
Areas for improvement,
Perception of public transit,
Current travel behavior,
Media and Internet usage,
Sources for service information,
Access to a personal vehicle,
Possession of a valid driver’s license, and
Demographics (age, income, education, employment, ethnicity, language, etc.).
Where possible, Professional will utilize questions and response options consistent with prior
survey efforts so as to facilitate trend analysis.
The draft survey instruments in English will be submitted for approval. Any requested edits to
content or formatting will be completed within two business days and resubmitted for final
approval. Only once the final instrument has been approved will we finalize the instruments and
submit them to the City for printing. An online version of the survey will be created to facilitate a
more technological approach to the survey as well as reduce the use of paper.
Professional recommends supplementing the onboard data collection with an online survey that
can be taken at a later time. A custom URL and QR code would be displayed on the
promotional material to facilitate its use. In order to track online surveys and match them to
route and time information, qualifier questions will be asked including route, time, and direction.
Any online responses will be identified as such added to the survey data for the corresponding
route. (Alternately, we can provide the online option only to those who receive a paper survey
on the vehicle, requiring them to enter the serial number of the paper survey into the online form
to more closely track the route/trip on which it was distributed.)
At this time, Professional will also coordinate with the City to determine what constitutes a
“complete” survey. This can either be determined by percent complete or whether specific
“required” questions have been answered.
Task 3: Recruit and Train Surveyors
Professional’s project manager will oversee the recruitment, training, and supervision of data
collectors/surveyors.
Professional will work with a local staffing firm to recruit quality bilingual personnel. Given the
surveyors are conducting work on behalf of the City, we will recruit individuals with a
professional appearance and demeanor as well as the skills necessary to conduct the survey.
Based on experience, our practice is to train more surveyors than we need so that back-up
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personnel and replacements are available as needed. Professional will provide the job
description and training outline to the City prior to recruitment.
While the staffing firm conducts a background check and ensures each recruit is legally able to
work in the United States, Professional’s criteria for selection include the following:
Fluency in English and Spanish preferred (written and oral),
Ability to read and understand a bus schedule,
Ability to conform with appearance standards (“business casual” dress code – black or khaki
pants, polo or collared shirt, and comfortable shoes),
No facial tattoos or extensive visible piercings,
Physical ability to board and ride the bus unassisted,
Punctuality (ability to arrive 15 minutes before shift start),
Availability of reliable transportation (including public transit, bicycle, or getting dropped off),
and
Possession of a cell phone for communication from the field supervisor only.
Prior to fielding the onboard surveys, Professional will conduct mandatory training sessions,
which City staff will be invited to attend. The training will consist of familiarization with the survey
instrument, discussion of recommended approach/practices, instruction regarding appropriate
attire and conduct, an overview of proper survey etiquette, role-playing of the survey process,
safety, and performance expectations.
Surveyors will be instructed on quality control methods to ensure all project standards are
maintained and survey participation is as broad as possible. Each surveyor will also be trained
on how to read a driver paddle and follow his/her collection schedule, as our sampling plan will
be designed to capture data on specific trips for each route. If any surveyor falls short of these
expectations, he/she will be released and replaced by a trained back-up surveyor.
Task 4: Develop Quality Control Measures
As a consulting firm, Professional’s reputation depends upon the quality of our work.
Consequently, quality control is extremely important to us. As demonstrated through success in
prior onboard surveys, the use of project Control Sheets ensures an accurate snapshot of data
collection activity onboard the vehicles. Control Sheets also allow for the pairing of each survey
response with its respective Transfort bus route. Therefore, response rate and survey time can
be tracked and accounted for during the analysis.
Task 5: Survey Promotion
As part of the survey process, Professional’s in-house marketing team will work with City staff to
develop and produce promotional materials such as car cards, posters/flyers, web notices, and
seat drops. Once the materials are approved, the City will print and distribute them. Such
materials may be posted inside the vehicles, at transit stops, on the respective agency
webpages, and at key transfer locations to increase awareness among transit customers about
the upcoming survey opportunity.
Task 6: Conduct Survey
All surveyor supervisors will be seasoned full-time Professionals’ staffers who have conducted
numerous survey projects across methodologies ranging from intercept to online. Our survey
coordinators have a proven track record for completing onboard surveys with temporary staff for
many diverse transit systems. They all started with surveying in the field so they are
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experienced with meeting project goals and expectations If a surveyor is not performing, a
supervisor will step in and finish the survey schedule him- or herself.
Surveyor equipment
Each surveyor will be easily identified by a reflective vest and an identification badge worn on a
lanyard around the neck. Prior to arriving at the assigned boarding location, each surveyor will
be provided with a tote bag containing survey forms, clipboards, and pens, as well as a
schedule highlighting the assigned collection times/trips.
Survey times
Surveying will be conducted during weekday and weekend service hours. Weekday surveying
will cover all service hours for all routes, but not necessarily 100 percent of the trips. A
weekend sample will cover a sample representing the entire service day. All routes (regular
fixed routes) and specialized routes (such as the MAX and FLEX) will be covered excluding the
Green and Gold late night services. Surveying will be conducted while CSU is in regular
session and exclude any holidays or breaks that might have an effect on obtaining an accurate
sample.
Surveyors will offer the bilingual survey instrument to Transfort’s customers while also making
themselves available to answer questions regarding the survey. It has been our experience that
some origin and destination data can be left blank or come across as confusing to customers,
so Professional’s surveyors are prepared to offer their assistance. Surveyors may clarify origin
and destination information with customers so as to get more accurate and complete data.
Task 7: Track Survey Progress
Upon completion of each surveyor assignment, completed surveys will be verified by the
supervisor for completeness and accuracy. A summary of project progress will be sent to
Transfort’s project manager at the end of each data collection day. The raw data from the
survey will be sent in a Microsoft Excel database upon completion of the initial data entry in
Task 9.
Task 8: Review Completed Forms
Survey responses will be checked for completeness at the time of submission onboard the
vehicle to the greatest extent possible. Whenever possible, any form with missing information
will be returned to the respondent for clarification. The final count and status update at the end
of each day will only include surveys determined to fall within the City’s definition of “complete.”
Task 9: Data Entry
As the survey team receives completed surveys and enters data into a Microsoft Excel
database, the data will be imported into a Statistical Package for the Social Sciences (SPSS)
database to facilitate data compilation and analysis. Professional’s market research manager
will ensure the accuracy of the data and cross check the survey numbers with the
accompanying driver paddle. Survey answers will be coded into the databases so as to run
frequencies and cross tabulations. A raw data file will be submitted to the City’s project
manager while a separate file will contain the “cleaned” database.
Once data entry and cleaning is complete, Professional will geocode all origin and destination
data from the survey, allowing us to map out where respondents boarded and alighted. The City
will be provided with the geocoded files for future planning decisions.
Open-ended questions and responses to questions that include “other” as a choice will be
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reviewed for grammar and accuracy. When appropriate, responses will be cleaned for
consistency and/or categorized with similar responses during analysis. For example, if a
respondent indicates he/she would like “More service past 9:00 p.m.,” the response will be
categorized as “later service” for analysis purposes.
Task 10: Draft and Final Report
Upon completion of all data entry/cleaning, compilation of simple frequencies and data cross-
tabulations, and identification of key findings, Professional’s project manager will prepare a
report to summarize onboard survey results. The report will provide an overview of the survey
methodologies and data analysis, including findings from the data cross-tabulations. All simple
frequencies will be provided in an appendix.
The report will include clear, easy-to-read graphics (charts and tables) supported by narrative.
Where appropriate, other data (such as census demographic data) may be used to illustrate
how Transfort’s customers compare with the overall population. Data from prior survey efforts
will serve as a baseline to develop a trend analysis.
Professional’s final report will synthesize the deliverables arising from the previous tasks and
incorporate any edits and/or comments from the draft report review. It will begin with an
Executive Summary that provides a brief overview of the steps involved in performing the
survey and data analysis, as well as the key findings that resulted from the survey that are of
greatest importance to the City.
Following the Executive Summary, the final report will present a more detailed description of our
findings, which will include descriptions of rider profiles, fare usage, rider demographics, and
travel patterns. Included will be a section of the simple frequencies where the exhibits and maps
are based on.
In addition to describing our key findings, the final report will also provide more detailed
documentation of the survey instrument development, administration, sampling methodology,
data entry, data cleaning, as well as the analytical methods we used to arrive at our key
findings. Finally, Professional will prepare a Microsoft PowerPoint presentation and
Professional’s project manager will present findings to the Transfort Board.
Other Surveys
At the sole discretion of the City Professional’s project team will conduct additional ad-hoc
surveys that either augment the existing survey efforts or develop and conduct alternative
market research tasks. Additional tasks might include:
Public opinion polls conducted via telephone and online;
Intercept surveys specific to City programs or activities;
Boarding/alighting or visitor counts;
Web surveys and analysis focused on social media activity, including analysis of social
media traffic (Twitter, Facebook, Instagram, Pinterest), conducting social media surveys
through Facebook, or conducting Mechanical Turk surveys through Amazon; and
Media content analysis.
All additional surveys and other ad-hoc tasks will follow a similar task management system as
outlined in Tasks 1 through 10.
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Anticipated Interaction with the City
In carrying out the onboard survey and any subsequent market research activities identified in
the Request for Proposals, Professional proposes to employ a project management strategy
designed to minimize delays by coordinating all project aspects as well as continue
sustainability practices. While our project team can always be reached by telephone or email,
Professional proposes utilizing the Basecamp web-based platform for day-to-day
communication and interaction with the City. Basecamp offers a central repository for project
files and communications. Documents and data will be posted to Basecamp for easy access by
the City. This web-based access is available to both the project team and client partners, and
requires no special software.
Professional will work with the City to determine appropriate review periods for various project
elements at the time of project initiation. Maintaining review deadlines is a key element of
keeping the project on track, and Professional will ensure the City has ample time to provide
feedback on project deliverables.
Sustainability
Professional strives for sustainability operations for not only being environmentally responsible,
but for increasing efficiency. Our firm has made significant progress in several areas that
engage in sustainable practices by rethinking project implementation. Professional’s web-based
project management strategy allows for real-time communication and acts as a cloud-based file
server. Files and messages can be uploaded and observed by all parties that are given access,
which directly reduces printing, postage, and telecommunication impacts. For other direct
printing costs, Professional utilizes recycled paper as well as provides in-house recycling to
reduce waste. Whenever possible, our staff utilizes teleconferences and video conferences in
order to minimize travel. In addition, Professional encourages its employees to utilize public
transit for commuting and traveling.
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EXHIBIT E
SCHEDULE OF RATES
Labor (fully burdened rates)
Jose Perez $100.75
Chris Vandepas $79.05
Field Supervisor $54.25
Field Surveyors $22.70
Data Entry $22.70
Marketing Support $85.25
Jim Moore $131.75
Direct Expenses
Color printing/copying $.40/page
Black & white printing/copying $.15/page
Translation $90/page
Postage USPS rates
Travel varies
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EXHIBIT F
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
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
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Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of
termination or expiration of this contract, except in the event of litigation or settlement
of claims arising from the performance of this contract, in which case Contractor
agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction
Architectural
Engineering
Acquisition
of Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless
1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
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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 City may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in
the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to City to be paid the
Contractor. If the Contractor has any property in its possession belonging to the City,
the Contractor will account for the same, and dispose of it in the manner the City
directs.
B. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract,
the City may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the City, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The City in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor ten (10) days 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 City’s satisfaction the breach or default of any of the
terms, covenants, or conditions of this Contract within ten (10) days after receipt by
Contractor of written notice from City setting forth the nature of said breach or default,
the City shall have the right to terminate the Contract without any further obligation to
Contractor. Any such termination for default shall not in any way operate to preclude
City from also pursuing all available remedies against Contractor and its sureties for
said breach or default.
D. Waiver of Remedies for any Breach In the event that City elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by City shall not limit City’s remedies for any succeeding breach
of that or of any other term, covenant, or condition of this Contract.
E. Termination for Convenience (Professional or Transit Service Contracts) The
City, by written notice, may terminate this contract, in whole or in part, when it is in the
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Government's interest. If this contract is terminated, the City shall be liable only for
payment under the payment provisions of this contract for services rendered before
the effective date of termination.
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 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.
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(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 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 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 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).
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The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
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 the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to City of Fort Collins , 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. 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.
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award or if
funded thru
2
5307/5309/53
11
None
None unless
non-
competitive
award
None
None
unless non-
competitive
award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes
3
Yes
3
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)
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