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HomeMy WebLinkAbout625931 WHC FTC LLC - CONTRACT - RFP - 8707 CONTRACTED FIXED ROUTE TRANSIT SERVICESOfficial Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 1 of 144 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 WHC FTC, LLC dba zTrip, 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 one hundred twenty-one (121) page(s) and incorporated herein by this reference (the “Services” or the “Work”). Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence June 22, 2018, and shall continue in full force and effect until June 21, 2019, unless sooner terminated as herein provided (the Initial Term”). 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 (each a “Renewal”). Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior the end of the Initial Term and any applicable Renewal. 3. 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. 4. Early Termination by City/Notice. Notwithstanding the Initial Term and any Renewal 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: Service Provider: City: Copy to: WHC FTC, LLC Attn: William George, CEO 1300 Lydia Ave. Kansas City, MO 64106 City of Fort Collins Attn: Kaley Zeisel 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 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 2 of 144 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. 5. 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 "B", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the Services, 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. 7. 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. 8. Subcontractors. Service Provider may not subcontract any of the Services 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 Service Provider. 9. 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. 10. 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. 11. 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 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 3 of 144 of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any Work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the Work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. 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. 13. 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. 14. 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. 15. 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 the Services 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 C, consisting DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 4 of 144 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 Purchasing Director, 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. 16. 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. 17. 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. 18. 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: 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 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 5 of 144 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, and Exhibit E – Federal Terms & Conditions, consisting of thirteen (13) pages, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 6 of 144 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: WHC FTC, LLC dba zTRIP By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C 6/19/2018 CEO William George Assistant City Attorney 6/28/2018 City Clerk Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 7 of 144 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins, Transfort Department, provides fixed route service to the community. The Service Provider will operate fixed route transit for two services with options for additional fixed route services as operationally required. The following table summarizes some of the operating characteristics required for the services: Characteristics Gold Route* Route 33 – Foothills Campus* Hours (In Revenue) 10:30 PM - 2:42 AM 7:00 AM - 6:51 PM Days Fri - Sat Mon – Fri** Number of Vehicles 2 1 Frequency 30 minute 60 minute Service Mode Fixed Route Fixed Route CDL Required CLASS C P2 CLASS C P2 Fare to Collect N/A $1.25 *These services are contingent on public stakeholder review and may be adjusted prior to implementation date. Service characteristics are subject to change. Any changes in scope shall be discussed with the awarded provider. **Route 33 – Foothills Campus is operated only when Colorado State University is in session. I. CONTRACT REQUIREMENTS – GENERAL The Service Provider will be provided with operating and administration documentation which will be added as attachments to contractual scope of work. The Service Provider shall have the following responsibilities for the operation of this service: 1. Provide qualified, competent and courteous staff. 2. Train and monitor staff to City standards. 3. Lease select Transfort vehicles as well as maintain them in good repair. 4. Cooperate with City marketing efforts by allowing advertising materials to be applied to vehicles and distribute rider service information as required. 5. Provide the necessary employee staffing, management and administration to meet the requirements of the contract. 6. Meet with the City on a regularly scheduled basis (monthly) to assess service performance, discuss operational issues and contract adherence. The City may schedule additional meetings as needed. 7. Meet all reporting and investigation requirements. 8. Maintain a suitable facility for vehicle storage, management, supervision, administration, operator-training, operations and vehicle maintenance for the provision of services. Facility shall be within ten (10) miles of 100 S. College Ave, Fort Collins, CO. 9. Place appropriate sandwich boards in designated areas on the sidewalk in front of the downtown Gold stop locations. Sandwich boards shall be on display for the duration of the service then removed and safely stored at the end of each service night. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 8 of 144 10. The City has the following responsibilities under the Agreement: a. Provide program oversight and direction. b. Develop and provide all policies for service and ensure that Service Provider develops appropriate procedures to implement these policies. c. Define service standards and performance criteria. d. Notify Service Provider of any changes to the schedule or alignment within two weeks of expected service changes. e. Set fares and fare collection policy. f. Lease three (3) vehicles, each equipped with a farebox, to Service Provider. II. ON CALL SERVICE The Service Provider must be prepared to provide on-call service as requested by the City. The City will provide 48 hours’ notice before on-call requested service will commence. The Service Provider must provide the same quality, standard of service and adhere to the same requirements as stated for the Gold Route and Route 33. Any request to provide service outside of the Gold Route and the Route 33 will be considered on-call. III. OPERATING STANDARDS Each of the operating standards shall be deemed material. Unless specifically stated otherwise, all operating standards shall apply to any services provided by the Service Provider for the City. A breach of which may result in the City of Fort Collins declaring the Service Provider in default of the contract. The Service Provider shall provide all services in accordance with City Policies and Procedures and in accordance with the following service operating standards: General Transit Service Standards (Gold and Route 33 – Foothills Campus) 1. The Service Provider shall ensure that passengers are allowed to board and de-board at all designated bus stops. 2. The Service Provider shall ensure that operators adhere to the prescribed schedule and time-points as listed in the contract. Operators shall not depart time-points prior to the prescribed time. Operators shall arrive at each time-point no later than five minutes after the prescribed time unless delayed by weather, unforeseen traffic conditions or other circumstances beyond their control. 3. Operators and any management personnel shall provide courteous customer service at all times. Rude or inappropriate behavior by Service Provider employees shall not be tolerated. 4. Service Provider shall supervise operators and monitor their performance. Any operator found to be jeopardizing the safety of any person or violating any traffic law shall be immediately removed from provision of service under the contract. Failure to do so is grounds for immediate cancellation of the contract. 5. Service Provider will ensure that operators successfully complete all training requirements prior to performing service. Training will be conducted by a CDL certified trainer. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 9 of 144 6. Service Provider will ensure that adequate support staff and incident responders will be available during all service times. 7. Operators and management personnel shall remain professional, uphold all City policies defined in the contract and only offer correct and appropriate information regarding the provision of service. 8. The vehicles provided shall have a 100% smoke-free environment. There shall be no smoking within 20’ of any City vehicle at any time by either passengers or operators whether in revenue service for the City or otherwise. Furthermore, there shall be no smoking on any City facility per City of Fort Collins Ordinance, Chapter 12 Health and Environment, Article III Smoking in Public Areas, Secs. 12- 56 – 12-61. 9. Cell Phone Use: All Service Provider employees who operate a City-owned or Service Provider-owned vehicles within the scope of this contract must adhere to City of Fort Collins (CFC) cell phone use policies: a. CFC: Employees may not use (includes but is not limited to talking, listening, and texting) wireless telephones while operating a City vehicle except in any of the following situations: [rev. 1/25/12] i. The vehicle is at rest in a shoulder lane or is lawfully parked. [new 1/25/12] 10. The City reserves the right to inspect vehicles at any time. Any failure to meet standards shall be immediately addressed and remedied by Service Provider. 11. The City reserves the right to conduct service audits at any time without notice. 12. Operators will ensure that no items prohibited by Department of Transportation (DOT) or the City are brought onto the vehicles at any time. 13. Operators will perform all required Americans with Disabilities Act (ADA) stop announcements and route identifications. Operators must use the PA system to announce ADA-called stops. 14. Operators will allow lift usage upon request per ADA requirements. 15. Operators will assist passengers using wheelchairs or other mobility devices to the securement area if requested and secure at least three (3) securements to the mobility device. 16. Operators will verbally instruct passengers to board, de-board and mount bicycles on bicycle rack upon request. 17. Deviation from route alignments will only be authorized in the event of road closures, instructions from Transfort management or direction from emergency services personnel. 18. Service provider must abide by all applicable Federal Motor Carrier Safety Administration Regulations and Federal Transit Administration regulations as well as any other applicable regulations. Failure to do so is grounds for immediate cancellation of the contract. Fixed Route Service 1. Gold Route a. The Service Provider shall provide fixed route service along one route alignment. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 10 of 144 b. Two vehicles will operate on the fixed route during the prescribed service hours. c. In the event that the City requests a service liaison, the Service Provider shall provide one staff member to act as a service liaison in the Downtown pick up area for the duration of service hours on each service day. 2. Route 33 a. The Service Provider shall provide fixed route services along one route corridor. b. One vehicle will operate on the corridor during the prescribed service hours. However, a second vehicle shall be activated as requested within two hours by Transfort management in order to manage demand. c. Operators will be required to coordinate either directly or indirectly with Transfort staff via two-way radio for the purposes of relaying transfer and other operational information. IV. PERSONNEL REQUIREMENTS A. OPERATOR PRE-HIRE QUALIFICATIONS DMV Record Check The Service Provider shall perform a Department of Motor Vehicles (DMV) records check for all prospective operators prior to, but no more than 30 days before, date of hire. For existing staff, a current DMV record (within the past 365 days) shall be on file. If an operator was, or is, found to be at fault for any incident that would prohibit that operator from maintaining the minimum required licensing, the operator will no longer eligible to perform duties under the contract. Failure to immediately remove an ineligible operator from driving duties may be considered breach of contract. Criminal History The Service Provider shall perform a criminal history background check on all present and prospective employees who shall be assigned to driving duties under the contract prior to, but not more than 30 days before, date of hire. All operators shall have a clean criminal history with no felony convictions. Other misdemeanor criminal convictions that would disqualify an employee include, but are not limited to: 1. Any offense that requires registration of a sex offender. 2. Any driving under the influence of drugs or alcohol violation within the past 3 years. 3. Any offense of violence by a person in a position of trust. The Service Provider shall make all criminal background checks for all operators who perform duties under the contract available to the City. Substance Abuse The Service Provider is required to abide by the City of Fort Collins Transit Substance Abuse Policies and Procedures in compliance with FTA regulations and 49 CFR 655. The Service Provider shall provide education to safety-sensitive employees, perform all required tests, maintain records and submit reports in compliance with the Substance Abuse policy (49 CFR Part 655). The Service Provider shall also comply with all policy changes when notified of such by Transfort. Education and testing records shall be DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 11 of 144 maintained and made available for review by the City or any other person or entity so authorized by law. Failure to maintain compliance with these substance abuse regulations may result in an immediate termination of the contract. Within ten (10) days prior to the renewal of the Contract, the Service Provider shall furnish the City with all information required by the City to document that the employees meet all requirements of the contract. The City reserves the right to disqualify any operator from performance of service under the contract. B. OPERATOR TRAINING REQUIREMENTS Training Curricula Service Provider shall maintain a comprehensive training program for all of its employees who provide service under the contract. The training program shall ensure that employees who provide service under the contract are trained in accordance with all municipal, county, state and federal regulations. The comprehensive training program shall include, but not be limited to the following: 1. For Route 33 – Foothills Campus only, training shall include a. Current fixed route service for the shuttle, including route configuration, time points, bus stops, transit center pull-in and transfer options. b. Vehicle familiarity (if vehicles other than current Internationals are used) c. Transfort Radio Procedures training 2. Passenger Service and Safety (PASS) certification. 3. Defensive Driving. 4. Substance Abuse, in compliance with 49 CFR Part 655 (minimum of one-hour training). 5. Reasonable Suspicion Training for Substance Abuse, in compliance with 49 CFR Part 40. 6. Sexual Harassment, Diversity and Equal Employment Opportunity (EEO). Trainers Trainers of Passenger Service and Safety (PASS) and Defensive Driving shall be certified instructors. These certifications shall be kept current during the contract period. The Service Provider shall maintain a record of each trainer’s name and certifications, as well as a copy of each certification. Training Plan The Service Provider shall provide the City with the name of the person responsible for managing the Training Program and describe the manner in which training is conducted to ensure all new hires of Service Provider receive all required training prior to being placed into revenue service or performing any duties under the contract. Training Records Service Provider shall maintain a training record which notes each operator’s training including the date, time, training location, trainer’s name, and training received. Training DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 12 of 144 records shall be maintained and made available for review by the City or any other person or entity so authorized by law. C. LICENSE AND FILE REQUIREMENTS Operator Certifications Service Provider shall ensure that each operator possesses and maintains at least the minimum licensing required by the State of Colorado. Driver Qualification File Service Provider is required to maintain a Driver Qualification File, as per Federal Motor Carrier Safety Regulations (FMCSR), for each employee who possesses a Commercial Driver’s License and performs duties under the contract. Service Provider shall conduct annual DMV record checks, as per FMCSR. Service Provider shall provide the City with copies of the DMV checks. Staffing Roster A roster of all operators who will be performing service shall be kept current and all changes provided to the City. V. FLEET MANAGEMENT The Service Provider is required to: 1. Lease and operate three (3) Transfort International Class C P2, 30’, 27 seat vehicles. 2. Perform preventative and corrective maintenance for all leased vehicles utilized for this service, as per federal regulations at Service Provider’s expense. 3. Ensure that all vehicles used for this service meet city, state and federal compliance requirements and furnish proof of compliance. 4. Maintain proper insurance coverage as required by the City. 5. Provide necessary fuel, spare parts and supplies at the Service Provider’s expense. 6. Provide, maintain and install two-way radios in all vehicles and provide the ability to communicate with liaison. 7. Service Provider is required to maintain an adequate vehicle spare parts inventory so that maintenance issues do not impact service provision. 8. Request and receive authorization from the City Project Manager or designee when adding or removing vehicles from service under this contact. 9. Ensure all vehicles are maintained in a safe and clean condition, both interior and exterior. At a minimum, vehicle exteriors are to be thoroughly washed no less than twice per week or more frequently if condition warrants cleaning. The City reserves the right to inspect vehicles before or during operation on any day. Any vehicle failing to meet standards shall be immediately brought up to standards or a suitable replacement put into service. Perform vehicle inspections, routine preventive maintenance and timely repairs so as to minimize vehicle down time and ensure safety. Pre-and post-trip inspections shall be performed and tracked as per DOT regulations. 10. Equip each vehicle with an approved fire extinguisher, emergency flashlight, emergency reflective triangles, and emergency seatbelt cutter. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 13 of 144 11. Register, license, and insure each vehicle in the State of Colorado and comply with all inspection requirements. 12. Use City vehicles solely for the purpose of the contract unless otherwise authorized by the City. 13. Provide a current roster of all vehicles utilized for City revenue service. The Service Provider shall notify the City of any changes to this roster by the next business day. VI. INVESTIGATION, REPORTING AND RECORDKEEPING REQUIREMENTS Service Provider shall investigate, report and maintain records of the following events: Complaint or Service Feedback This includes any written or verbal communication regarding any aspect of the service provided under this contract, including personnel and vehicles. 1. Service Provider shall ensure that there is no more than one (1) complaint per 1,000 revenue hours performed. 2. Maintain an active and accurate incident log detailing all complaints and service feedback. A monthly incident log must be submitted to the Project Manager or designee as part of the monthly billing process. 3. Submit a weekly complaint report to the Project Manager or designee. 4. The City reserves the right to request information on individual or specific events at any time; Service Provider shall submit requested information within three (3) business days. 5. Additionally, any incident that results in loss of service (i.e. a “missed-trip”) should be reported by contacting Transfort Dispatch at (970) 224-6095 or transdispatch@fcgov.com as soon as possible but within 48 hours. Incident An incident is defined to include arguments and/or unacceptable or offensive conversations or behavior, regardless of who initiates said behavior or conversations, or other action that does not result in any “real” or suspected injury to a person or property. 1. The Service Provider shall provide the City with a detailed explanation of its procedures for incident investigation. 2. Maintain an active and accurate incident log detailing all incidents. 3. Submit a weekly incident report to the Project Manager or designee. 4. The City reserves the right to request information on individual or specific events at any time; Service Provider shall submit requested information within three (3) business days. 5. Incidents may include, but are not limited to: INCIDENT TYPES USE MISSED TRIP - BICYCLE #Passengers MISSED TRIP - CAPACITY #Passengers MISSED TRIP - **P3** CAPACITY #Passengers MISSED TRIP - P3 LIFT INOP #Passengers DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 14 of 144 DOWN Delay From/Delay To PSGR EJECTED / REFUSED #Passengers DETOUR / INACCESSIBLE STOP -- EMERGENT INCIDENT-NON ACCIDENT -- TRIP ADDED Delay From/Delay To TRIP CANCELLED Delay From/Delay To Collision, Passenger Injury and Incident Reporting Collision: A collision is defined to include any contact between a Service Provider’s vehicle and another moving or stationary object or pedestrian while that operator and/or vehicle is providing service within the scope of this contract. Passenger Injury: A passenger injury is defined to include any time a passenger is hurt or suspected of being hurt while such person(s) is boarding, riding or disembarking Service Provider’s vehicle. General/Bystander Injury: A general/bystander injury is defined to include any time a person who is not a Service Provider employee is hurt or suspected of being hurt by a vehicle operated by the Service Provider while being operated within the scope of this contract. Any serious incidents resulting in injury and/or persons transported immediately from the scene for medical treatment shall be reported verbally to Transfort immediately, as practicably possible (or at the most, within two hours). 1. All collisions and injuries, regardless of the severity, shall be reported verbally to Transfort within two hours of the incident. 2. All collisions and incidents shall be reported to Transfort by contacting Transfort Dispatch at (970) 224-6095. 3. Preliminary investigation findings shall be reported in writing within 24 hours. 4. A full investigation report shall be submitted to Transfort within three (3) business days. 5. All preliminary findings and investigation reports shall be sent via email to the Contract Manager and Transfort Operations Manager. Each investigative report shall be completed on forms provided by the City which contain, at a minimum: a. Date and time b. Location c. Brief description of event d. Name of employee and/or citizen involved e. Name and pertinent contact information of investigator f. Summary of the investigation determination including the findings g. Summary of the resolution of each event Revenues DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 15 of 144 1. The fare system and structure shall be determined by the City of Fort Collins and administered by the Service Provider per City guidelines. 2. All trips will require a fare or valid pass. 3. There shall be no solicitation or acceptance of tips by any employee of the Service Provider. 4. Fares shall be collected by the Service Provider, summarized and subtracted from the “amount due” on the monthly invoice to the City. 5. Fares shall be collected via a farebox. 6. Ridership and fares must be logged at the time of boarding on a tablet provided by the City. In the event of a tablet malfunction, ridership must be recorded manually. 7. The Service Provider shall provide the City with a written copy of its administrative procedures to account for fares collected by its operators. 8. The City Auditor(s) may at any time during the contract period change these requirements as he/she deems necessary to ensure adequate controls are in place to protect the interests of the City of Fort Collins. 9. Rates are subject to a fuel adjustment. The fuel adjustment will be based on increases in the cost of vehicle fuel during the term of the contract and subsequent extensions. In the event the cost of diesel or unleaded fuel increases more than $.25 above the current rates of $2.51 per gallon of diesel fuel and/or $2.58 per gallon of regular unleaded fuel, the City of Fort Collins agrees to reimburse the Service Provider an additional $.50 per revenue hour for every $.25 increase in the cost of fuel. The cost of fuel will be determined using the AAA Daily Fuel Gauge Report for the Colorado Region on the first of each month in the term of the contract and subsequent extensions. This adjustment will be applied to all revenue hours during the month, and will only apply to revenue hours performed by vehicles using the affected fuel type. Monthly Invoice and Summary By the 10th calendar day of each month, the Service Provider shall provide the City with a Service Data Summary and monthly invoice for each component of service for the previous month. The City shall provide the forms for monthly invoices. This shall include but is not limited to the following: 1. Total number of individual trips by type as specified in the contract. 2. Summary of monthly collisions/passenger injuries. 3. Summary of monthly complaints. Except where otherwise defined, the City reserves the right to request that the Service Provider submit additional information when necessary. The City of Fort Collins receives funding to operate the service under grants issued by the state and federal governments. Therefore, the Service Provider shall retain all records required by the contract and also all financial records and data concerning the management and operation of the system for a period of at least three (3) years upon completion of the Agreement. The Service Provider shall furnish the City with such information, statistics, and data as necessary. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 16 of 144 The Service Provider shall not unilaterally implement company policy that directly impacts the system’s operation or is in conflict with the contract with the City without prior discussion and written approval by the Project Manager or designee. VII. CONTRACT VIOLATIONS AND LIQUIDATED DAMAGES In order to comply with regulatory requirements and to provide a high level of service, the City has developed the following schedule for the assessment of Contract Violations (CV). The following rules will apply to the assessment of CV and application of the corresponding liquidated damages: 1. Assessing Contract Violations a. Each potential CV will be reviewed on a case by case basis prior to a CV being assessed. As City staff recommends CVs, the Project Manager will review the alleged violations with the processes outlined within the contract and make a final decision on whether or not a CV will be assessed. 2. Amnesty Period a. CVs will be assessed as needed during the first 60 days after the inception of the contract. The appropriate notice will be given of these CVs as outlined in this document. However, in an effort to bring Service Provider in compliance with the expectations of the contract, liquidated damages for these CVs will be waived during this 60-day period. 3. Routine Audits and Checks a. The City will conduct random and routine checks of road operations using City staff to monitor service performance. These checks may be conducted by plain clothes or uniformed staff. There will be no limitation on the number of checks the City may conduct. However, there will be a minimum of two random checks in every 60-day period. In the event that City staff decides to interact with the vehicle operator during a random check, City staff will present their ID badge to the vehicle operator to identify themselves as supervisory or monitoring personnel. The vehicle operator must comply with this process. The Project Manager or designee will contact the Service Contract Manager by the 5th calendar day of the following month regarding any CVs resulting from the random check. Service Provider shall respond within five (5) days of receipt of the notice of assessment of contract violations. Service Provider shall have an opportunity to demonstrate to the Project Manager that it made all reasonable efforts to comply with its contractual obligations and that its failure to comply was due to circumstances beyond the control of Service Provider or any other person for whom Service Provider is legally or contractually responsible. On the basis of such a demonstration, the Project Manager reserves the right to reduce or waive the liquidated damages at issue. 4. Safety and Training a. Records of the operator and personnel qualifications, compliance, safety and training specifically outlined in the contract will be audited randomly and upon request by the Project Manager or designee. At least one-hour notice will be given to Service Contract Manager. It should be understood by both parties DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 17 of 144 that state and federal law prohibits the sharing of some personnel information, and such information will not be disclosed by Service Provider to the City. 5. Fleet Services a. City Fleet Management will require up to three (3) vehicle reviews by City staff per month. Vehicle must be presented to City fleet services crew within 24 hours of request. In addition, City Fleet Management will coordinate site visits of equipment and records once per year or at such frequency determined by the City. 6. Complaints and Incidents a. In addition to random checks and audits, complaints and incidents will initiate follow up checks and audits for compliance of contractual obligations. 7. Itemized Liquidated Damages Schedule a. If multiple contract violations can be applied to one infraction, only the highest value liquidated damage will be applied. Contract Violations – Road Operations Liquidated Damages per Violation Failure to complete a DOT Vehicle Inspection (pre- trip or post-trip) $200 Driving in an unsafe/illegal manner $200 Any violation of Federal Motor Carrier Safety Regulations $200 Failure of driver to produce a valid CDL and current DOT Medical Card upon request $100 Failure to produce valid registration and insurance documents on-board the vehicle upon request $100 Driving off route without prior authorization or detour in effect $50 Departing timepoints or transfer points earlier than the posted schedule $50 Refusal to transport passengers who meet Code of Conduct standards and are within capacity $50 Failure to call required ADA Stop Announcements $100 Failure to notify passengers at transfer points of route number and route destination $100 Failure to stop at requested designated bus stops $100 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 18 of 144 Contract Violations – Road Operations Liquidated Damages per Violation Failure to stop for passengers at designated bus stops $100 Failure to provide and secure a minimum of three (3) securements for mobility device $100 Failure to deploy lift or ramp upon request $75 Charging the customer more than the posted fare $100 Accepting tips $500 Inaccurately counting passenger ridership beyond a 2% margin of error $1,000 Smoking or allowing smoking on bus $250 Using or allowing open alcohol containers on bus $250 Failure to comply with dress code $25 Use of cell phone, wireless or handheld devices while operating a City vehicle. $50 Failure to assist passengers to board, de-board, mount bicycles on bicycle rack upon request $75 Displaying unprofessional or rude behavior $100 Failure to perform scheduled service $250 Performing service outside scope of work $100 Failure to report missed trips $100 Contract Violations – Fleet Services Liquidated Damages per Violation Preventive Maintenance Inspection (PMI) – per occurrence (Failure to perform on each vehicle within 2500 - 3500 miles prior to PMI) $50 Transfort Inspections – Downed vehicle/unsafe to drive $50 Transfort Inspections - Inspection follow up, failure to repair $100 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 19 of 144 Vehicle Repairs (failure to repair) $50 Vehicle Cleanliness (failure to comply) $25 Failure to turn in vehicle for inspection by requested time within 24 hours of original requested time $25 Incomplete or inaccurate vehicle maintenance records $50 Vehicle maintenance records not corrected following audit $100 VIII. ADDITIONAL INFORMATION The following attachment list details procedures and reports that will apply to the performance of services under this solicitation. These documents follow and are hereby attached to and incorporated into this Exhibit A. Attachment A Rural Transit Assistance Program Learner’s Guide Attachment B FTA Substance Abuse Policy Attachment C FTA Drug & Alcohol Testing Attachment D Contractor ID Badge Form Attachment E Uniform Policy Attachment F Working with the Public Attachment G Advertising on Vehicles Attachment H Damage Report Minibus Attachment I Fleet Management Attachment K Vehicle Inspection Report Form Attachment L Complaint Report Attachment M Incident report Attachment N Incident Log Attachment O Gold Route & Timetable Attachment P Gold Configuration & ADA Calls Attachment Q Route 33 Map & Timetable Attachment R Route 33 Configuration & ADA Calls Attachment S Fare Policy Attachment T Monthly Ridership Report Attachment U Daily Ridership Log Attachment V ADA How to Announce Stops DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 20 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 21 of 144 ATTACHMENT A DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 22 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 23 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 24 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 25 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 26 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 27 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 28 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 29 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 30 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 31 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 32 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 33 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 34 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 35 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 36 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 37 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 38 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 39 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 40 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 41 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 42 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 43 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 44 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 45 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 46 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 47 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 48 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 49 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 50 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 51 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 52 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 53 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 54 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 55 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 56 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 57 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 58 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 59 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 60 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 61 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 62 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 63 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 64 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 65 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 66 of 144 ATTACHMENT B DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 67 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 68 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 69 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 70 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 71 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 72 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 73 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 74 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 75 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 76 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 77 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 78 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 79 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 80 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 81 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 82 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 83 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 84 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 85 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 86 of 144 ATTACHMENT C DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 87 of 144 ATTACHMENT D DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 88 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 89 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 90 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 91 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 92 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 93 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 94 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 95 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 96 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 97 of 144 ATTACHMENT H Supervisor Signature Date Noted Date Repaired Repair Initials 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Instructions: Completely inspect exterior of vehicle. If new damage is discovered (not reported on this form), notify dispatch before moving the vehicle. Describe new damage below and use the number to the left of the description to show the location on the vehicle graphic (reverse side). DAMAGE DESCRIPTION Transfort VEHICLE DAMAGE REPORT Vehicle #:________________ DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 98 of 144 STREET SIDE REAR CURB SIDE FRONT DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 99 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 100 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 101 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 102 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 103 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 104 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 105 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 106 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 107 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 108 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 109 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 110 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 111 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 112 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 113 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 114 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 115 of 144 ATTACHMENT L Date Received: Investigator: Investigator Phone: (circle one) Employee Schedule Stop Vehicle Investigator Actions and Statement: Contact Date: Contact Phone: Contact Address: Contact Name: Subject Type: General Description: Employee Statement: Subject Information: Feedback Information: Gold Service/Route 33 COMPLAINT REPORT Incident Date: Incident Time: General Information: Incident Location: Employee Name: Vehicle Number: Route Name: DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 116 of 144 ATTACHMENT M Date Received: Investigator: Investigator Phone: (circle one) Employee Fare Passenger Schedule Stop Vehicle Passenger, Police or Witness Information: Investigator Actions and Statement: Contact Date: Contact Phone: Contact Address: Contact Name: Subject Type: General Description: Employee Statement: Subject Information: Gold Service/Route 33 INCIDENT REPORT Incident Date: Incident Time: General Information: Incident Location: Employee Name: Vehicle Number: Route Name: DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 117 of 144 ATTACHMENT N Incident Type Date Time Route Vehicle Employee Delay From Delay to #Passengers INCIDENT TYPES USE MISSED TRIP - BICYCLE #Passengers MISSED TRIP - CAPACITY #Passengers MISSED TRIP - **P3** CAPACITY #Passengers MISSED TRIP - P3 LIFT INOP #Passengers DOWN Delay From/Delay To PSGR EJECTED / REFUSED #Passengers DETOUR / INACCESSIBLE STOP -- EMERGENT INCIDENT-NON ACCIDENT -- TRIP ADDED Delay From/Delay To TRIP CANCELLED Delay From/Delay To Gold Service/Route 33 INCIDENT LOG Description DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 118 of 144 ATTACHMENT O DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 119 of 144 ATTACHMENT P Route Stop Order Stop # Stop Name ADA? Audio to Announce GOLD 1 1478 MOUNTAIN & REMINGTON ADA GOLD_ROUTE_DEPARTING GOLD 2 914 OLIVE & REMINGTON GOLD 3 853 COLLEGE & MULBERRY ADA COLLEGE + MULBERRY GOLD 4 1562 LAUREL & HOWES ADA LAUREL + HOWES GOLD 5 1488 LAUREL & SHERWOOD GOLD 6 1448 LAUREL & WASHINGTON GOLD 7 534 PLUM & BLUEBELL GOLD 8 1482 RAMS VILLAGE GOLD 9 1481 CONSTITUTION & ELIZABETH ADA CONSTITUTION + ELIZABETH GOLD 10 550 ELIZABETH & SKYLINE GOLD 11 551 ELIZABETH & GLENMOOR GOLD 12 137 ELIZABETH & TAFT HILL ADA ELIZABETH + TAFT_HILL GOLD 13 552 ELIZABETH & TIMBER GOLD 14 554 ELIZABETH & OVERLAND ADA ELIZABETH + OVERLAND GOLD 15 245 OVERLAND & GOLDEN CURRANT GOLD 16 790 PROSPECT & OVERLAND ADA PROSPECT + OVERLAND GOLD 17 138 PROSPECT & LARCH GOLD 18 139 PROSPECT & FUQUA ADA PROSPECT + FUQUA GOLD 19 248 PROSPECT & TAFT HILL ADA PROSPECT + TAFT_HILL GOLD 20 249 PROSPECT & SKYLINE GOLD 21 250 PROSPECT & CONSTITUTION GOLD 22 251 PROSPECT & HEATHERIDGE GOLD 23 252 PROSPECT & SHIELDS ADA PROSPECT + SHIELDS GOLD 24 1489 PROSPECT & SHEELY GOLD 25 1490 PROSPECT & CENTRE GOLD 26 1551 PROSPECT & MASON GOLD 27 205 COLLEGE & LAKE ADA COLLEGE + LAKE GOLD 28 127 COLLEGE & ELIZABETH GOLD 29 128 COLLEGE & LAUREL GOLD 30 208 COLLEGE & MULBERRY (N OF) ADA COLLEGE + MULBERRY GOLD 31 1478 MOUNTAIN & REMINGTON ADA MOUNTAIN + REMINGTON DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 120 of 144 ATTACHMENT Q DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 121 of 144 ATTACHMENT R Route Stop Order Stop # Stop Name ADA? Audio to Announce 33 1 466 CSU TRANSIT CENTER ADA ROUTE_ 33_DEPARTING 33 2 1380 MULBERRY & WASHINGTON ADA MULBERRY + WASHINGTON 33 3 1381 MULBERRY & SCOTT 33 4 1382 MULBERRY & CITY PARK ADA MULBERRY + CITY_PARK 33 5 1383 MULBERRY & BRYAN 33 6 1652 LAPORTE & FOREST SERVICE ADA LAPORTE + FOREST_SERVICE 33 7 1653 CSU - ENGINEERING RESEARCH CENTER ADA C_S_U_ENGINEERING_RESEARCH_CENTER 33 8 1654 CSU - ATMOSPERIC SCIENCE ADA C_S_U_ATMOSPERIC_SCIENCE 33 9 1655 LAPORTE & FOREST SERVICE 33 10 1627 RAMPART & EQUINE ADA RAMPART + EQUINE 33 11 1624 RAMPART & ARBL 33 12 1494 CSU - JUDSON HARPER COMPLEX ADA C_S_U_JUDSON_HARPER_COMPLEX 33 13 1625 RAMPART & ARBL 33 14 1626 RAMPART & EQUINE 33 15 894 MULBERRY & TAFT HILL ADA MULBERRY + TAFT_HILL 33 16 896 MULBERRY & COOK 33 17 897 MULBERRY & BRYAN 33 18 1375 MULBERRY & CITY PARK ADA MULBERRY + CITY_PARK 33 19 1376 MULBERRY & SHIELDS 33 20 1377 MULBERRY & WASHINGTON ADA MULBERRY + WASHINGTON 33 21 466 CSU TRANSIT CENTER ADA C_S_U_TRANSIT_CENTER DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 122 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 123 of 144 6-1 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 124 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 125 of 144 ATTACHMENT T Passenger Count Passenger Classification Month/Year Route Vehicle Regular Disabled Senior Wheelchair Bicycle Contractor Supervisor Signature Date Gold Service/Route 33 Ridership Report DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 126 of 144 ATTACHMENT U INSTRUCTIONS: -Each driver will log their departure time of each trip. -Use denominator during trip to count ridership -At the completion of each trip, log the tally for that trip -Reset the denominator to 0 and log next departure time Service Date: Vehicle Number: Route: Passenger Count Passenger Classification Fare Types Departure Time Regular Disabled Senior Wheelchair Bicycle Gold Service/Route 33 Ridership Log DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 127 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 128 of 144 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 129 of 144 EXHIBIT B COMPENSATION DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 130 of 144 EXHIBIT C 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 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 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 $1,000,000 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. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 131 of 144 EXHIBIT D 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. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 132 of 144 EXHIBIT E 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307) Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the 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 (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17) DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 133 of 144 Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the 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. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the 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. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. 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. 6. 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). 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 134 of 144 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 unless1 non- competitive award Those imposed on state pass thru to Contractor None Yes, if non- competitive award or if funded thru2 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) Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 135 of 144 (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. (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. 6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1E) 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. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 136 of 144 7. ENERGY CONSERVATION REQUIREMENTS (42 U.S.C. 6321 et seq. 49 CFR Part 18) 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. 8. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1E) a. Termination for Convenience (Professional or Transit Service Contracts) The (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. b. 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. 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. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 137 of 144 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). 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 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 the 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. BREACHES AND DISPUTE RESOLUTION (49 CFR Part 18FTA Circular 4220.1E) 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 (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), 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 (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 138 of 144 agree, or in a court of competent jurisdiction within the State in which the (Recipient) 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 (Recipient), (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 Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New 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.)] DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 139 of 144 (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ________________ ___, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date 12. CLEAN AIR (42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18) 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 (33 U.S.C. 1251) 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. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 140 of 144 14. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 15. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS (49 U.S.C. § 5310, § 5311, and § 5333 29 CFR Part 215) Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 141 of 144 at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 16. CHARTER BUS REQUIREMENTS (49 U.S.C. 5323(d), 49 CFR Part 604) Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 17. SCHOOL BUS REQUIREMENTS DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 142 of 144 (49 U.S.C. 5323(F), 49 CFR Part 605) School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. 18. DRUG AND ALCOHOL TESTING (49 U.S.C. §5331, 49 CFR Parts 653 and 654) Drug and Alcohol Testing Option 1 The contractor agrees to: (a) participate in (grantee's or recipient's) drug and alcohol program established in compliance with 49 CFR 653 and 654. Drug and Alcohol Testing Option 2 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Drug and Alcohol Testing Option 3 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request) DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 143 of 144 a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review and approval before (insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to be determined by the recipient, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium). 19. RECYCLED PRODUCTS (42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873) Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 20. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26) Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 5 %. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. 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 and 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. e. The contractor must promptly notify the 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 the City of Fort Collins. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C Official Purchasing Document Last updated 10/2017 Services Agreement 8707 Contracted Fixed Route Transit Services Page 144 of 144 21. ADA ACCESS Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 22. 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. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C 06/19/2018 Lammel & Associates, LLC 775 Ridge Lake Blvd., Suite 105 Memphis, TN 38120 Joe Lammel (901)614-0100 jlammel@lammelassociates.com 00000000-13261 2 WHC FTC, LLC dba zTrip 1833 E. Mulberry St., Unit A Fort Collins, CO 80524 Paratransit Insurance Company, a Mutual Risk Rete 44130 A Y N PG 1158 17 06/15/2018 10/22/2018 X 1,000,000* *$975,000 Combined Single Limit excess of a $25,000 Retained Limit per Accident. City of Fort Collins, its officers, agents, and employees are included as Additional Insured with respect to the Automobile Liability policy as required by written contract. City of Fort Collins Attn: Craig Dublin P.O Box 580 Fort Collins, CO 80522 (WJL) Printed by WJL on June 19, 2018 at 11:26AM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) A Y X 500,000 500,000 500,000 Y APP-0005111 06/21/2018 06/21/2019 Cake Insure 1624 Market St, Ste 226, #63440 Denver, CO 80202-5926 WHC FTC, LLC 1300 LYDIA AVE KANSAS CITY, MO 64106 support@cakeinsure.com Pinnacol Assurance 41190 Foothills Gateway Shuttle Troy Coleman Quality and Compliance a004100000kyjOxAAI 6/20/2018 City of Ft. Collins P.O. Box 580 Ft. Collins, CO 80522 wmgeorge@ztrip.com DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C CERTIFICATE HOLDER COPY IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. WAIVER OF SUBROGATION We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named as the Certificate Holder. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). This agreement shall not operate directly or indirectly to benefit anyone not named as the Certificate Holder. a004100000kyjOxAAI City of Ft. Collins DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/21/2018 Twin Lakes Insurance Agency 2641 NE McBaine Drive Lee's Summit MO 64064 Sue Falter, CIC, CISR (816)525-2125 (816)525-4049 suef@twinlakesins.com WHC FTC, LLC 1833 East Mulberry St Ft Collins MO 80524 Covington Specialty Insurance CL1862108785 A X X X X VBA623699 6/13/2018 6/13/2019 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 The Certificate Holder and all other parties required under a written contract are named as additional insured with respects to liability. Mark Smith/SR City of Fort Collins Craig Dublin PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C 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) 4. FEDERAL CHANGES (49 CFR Part 18) Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the 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. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) 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. DocuSign Envelope ID: 295BDF6F-2656-4C58-9035-BEDDE1AD037C