HomeMy WebLinkAboutRFP - 8060 TRANSFORT MARKETING & COMMUNICATION SERVICES (2)REQUEST FOR PROPOSAL
8060 TRANSFORT MARKETING AND COMMUNICATION SERVICES
I. Introduction
Transfort is the city operated public transportation system in the City of Fort
Collins. Transfort operates under a service philosophy that focuses on productivity
and performance, meaning that bus routes focus on areas with higher ridership
potential, as opposed to dispersed coverage. Transfort serves a variety of transit
users including adults, seniors, disabled individuals, youth, Poudre Valley School
District (PSD) students, and Colorado State University (CSU) students, faculty and
staff.
Transfort provides local fixed-route service, paratransit service, and one regional
route serving primary stops between Fort Collins and Longmont. Transfort
operates 24 routes when CSU and PSD are in session and 20 routes when
schools are not in session. Fixed route service is provided Monday through
Saturday. Service frequencies range from 10 to 60 minutes. Paratransit Dial-A-
Ride service currently operates between the hours of 6:00 a.m. and 12:00 a.m.,
Monday through Saturday, within a specific service area. Two additional late night
routes, Green and Gold, operate on Friday and Saturday evenings, 10:30 p.m. to
2:30 a.m.
Transfort’s premiere service is the MAX Bus Rapid Transit (BRT), the first of its
kind in the Front Range, which began in May 2014. Residents, businesses,
employees, college students, and visitors enjoy a five-mile transit line that is swift,
energy efficient and conveniently located in the heart of Fort Collins.
A re-focused marketing effort was launched in 2014 with the completion of the
Transfort Marketing Plan. The Marketing Plan, along with targeted communication
campaigns, provides the basis for implementation strategies to assist a brand with
retaining and attracting customers. The freshly updated brand is articulated within
the Transfort Brand Management Guidelines (2014). An initial campaign focused
on the launch of MAX service on May 10, 2014. Other campaigns have addressed
specific needs of new service roll-out, such as the implementation of fares for
MAX.
The marketing effort will need to continue to grow brand awareness through
existing campaigns as well as yet-to-be-defined campaigns. While a large
segment of community is now aware of MAX, many do not associate this service
with the rest of the Transfort system. The campaigns will need to continue to grow
MAX ridership and create strong associations between MAX and other Transfort
services, as well as communicate new services that are available.
II. Scope of Work
The City of Fort Collins is seeking unique and innovative professional marketing,
branding, public relations, social media strategies, graphics, and communications
services for Transfort. Tasks will include, but not limited to, conceptualizing,
developing, producing, implementing, evaluating, and analyzing marketing and
public relations solutions. Branding and marketing initiatives include:
Transfort and MAX Integrated Marketing Strategies
Transfort Awareness and Education Public Relations
Establishment and implementation of communication plans
Continued diffusion of Transfort brand throughout the community
Expectations of the City/Services To Be Provided to Transfort:
A. Strategic Marketing and Communications Planning and Consultation.
The successful contractor will conduct advertising and marketing campaigns
that clearly promote Transfort’s efforts to support business growth and service
within the community. Marketing campaigns will build off of the Transfort
Marketing Plan and focus on targeted audiences.
a. Multi-Channel Marketing. The selected agency will provide marketing
strategies and integration guidance to help Transfort capitalize on multi-
channel solutions. Strategies may include, but are not limited to:
Print
Social media
Email
Web page
Video
Promotions and events (incentives, contests, etc.)
Non-traditional outlets
Radio
b. Cooperative Marketing. One of Transfort’s objectives is to enhance its
presence in the community and build brand awareness through
cooperative marketing campaigns with partnership organizations. As
such, the agency will be expected to support this goal by developing fresh
approaches, strategies and materials to augment cooperative
partnerships.
c. Communications. The agency will assist in the preparation of
communication plans to address specific service needs, working towards
improved and enhanced communications and engagement with Transfort
audiences. The agency will be expected to complete certain tasks within
these plans, and other tasks elsewhere identified, as directed by the City.
B. Strategic Public Relations. Transfort seeks to be seen as a community
partner and to educate residents, businesses, students, and visitors to the
value of public transportation in creating a world class, sustainable
community. As such, the agency will be expected to recommend public
relations and publicity efforts to supplement paid advertising and integrate
with marketing programs.
C. Graphics. The successful contractor will be capable of producing
compelling, high quality and well-designed materials, consistent with Transfort
Brand Management Guidelines.
D. Research. Research is crucial to all marketing efforts and critical to decision
making. The selected agency will be expected to analyze all relevant
research to recommend the best strategies and media channels, and may
conduct additional research, including both qualitative and quantitative
studies, in order to suggest refinements to strategies, campaigns or creative
executions.
E. Project Meetings and Reporting. The agency will be expected to participate
in and supply the following:
a. Submit a written spreadsheet report to the City of Fort Collins detailing
the status of the budget. The report shall include expenditures for the
month, expenditures to date by project, task breakdown and the
available balance, as well as planning status and projects yet to be
billed.
b. When applicable, the agency will provide a Planning Calendar outlining
the scope of upcoming projects at least eight weeks in advance of
deadlines.
c. Where feasible, the agency will provide marketing metrics (both
expected and actual) of implementation strategies, such as the reach,
impressions, behaviors, etc. for the targeted audience. The purpose is
to enable prioritization of strategies and ensure efficacy of the
marketing approach.
d. The agency will be expected to participate in twice monthly marketing
meetings.
F. Additional Information. The contract for this work will be one year upon
selection and contractual agreement, with the possibility of additional one
year annual renewal periods not to exceed four (4) additional one year
periods. The budget for Year 1 shall not exceed $90,000 and all work orders
are subject to funding approval. Reasonable incidental expenses are to be
included within this budget. Advertising, print/reproduction, promotional items,
and event expenses are expected to be borne by Transfort.
III. Submittal Requirements
The City’s intent is to choose the most qualified firm/team based upon approach,
methods, qualifications and experience, availability, and schedule of rates. Once
a firm is selected, a detailed scope of services will be developed for each Work
Order released against the awarded Services Agreement. Of prime importance
is the firm’s flexibility in responding to services as requested by City staff.
Submittals are to be limited to 10 pages or less, exclusive of work product
samples.
All respondents are required to include the following information in the submittal
as a minimum. Respondents are to number and name each section as follows:
1. Methods and Approach - Describe your expected or recommended
approach to addressing Expectations/Services described above. Describe
the anticipated interaction with the City.
a. Sustainability: All qualified consulting firm/teams participating in the
submitted proposal are to explain in detail what their organization does
in the way of a Sustainability Plan as a subset of this section. This is to
include as a minimum what you do in the way of use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. as an
organization that demonstrates leadership and that you “walk the talk”
in regard to sustainable practices within your own organization.
2. Qualifications and Experience - Provide relevant information regarding
previous experience related to developing similar plans and services to the
ones listed under our Deliverables above:
Number of years in the business.
Overview of services offered and qualifications
Names and location of similar projects. Three references of such
projects, to include:
a) Service provided
b) Date of service
c) Client organization
d) Contact name and title, phone, and e-mail address of public
agency reference(s) overseeing the planning effort.
Samples (preferably three via a web link or pdf files) of work products
for similar projects.
3. List of Project Personnel - This list should include the identification of the
contact person with primary responsibility for this contract, the personnel
proposed for this contract, and any supervisory personnel, including
partners and/or subconsultants, and their individual areas of responsibility.
A résumé for each professional and technical person assigned to the
contract, including partners and/or subconsultants, shall be submitted. The
résumés shall include at least three references from previous assignments.
4. Organization Chart/Proposed Project Team - An organization chart
containing the names of all key personnel and subconsultants with titles and
their specific task assignment for this contract shall be provided in this
section.
5. Availability – Describe the availability of project personnel to participate in
this project in the context of the consultant firm’s other commitments.
AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”,
PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT
COLLINS, COLORADO THE WEEKS OF MARCH 16 AND MARCH 23, 2015 IN
THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND.
6. Schedule of Rates – Provide a schedule of hourly rates that will apply for the tasks
described above under Expectations of the City/Services To Be Provided to
Transfort. These are the types of jobs/projects that Transfort will be releasing to the
awarded vendor as Work Orders.
G. Vendor Statement:
I have read and understand the specifications and requirements for this Request
for Proposal and I agree to comply with such specifications and requirements. I
further agree that the method of award is acceptable to my company. I also agree
to complete PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE
with the City of Fort Collins within 30 days of notice of award. If contract is not
completed and signed within 30 days, City reserves the right to cancel and award
to the next highest rated firm.
FIRM NAME:
ADDRESS:
EMAIL ADDRESS: PHONE:
BIDDER’S NAME:
SIGNATURE:
PRIMARY SERVICES ISSUES CONTACT:
TELEPHONE: CELL:
EMAIL:
COMMODITY CODES USED FOR THIS RFP:
918-26 Communications: Public Relations Consulting
918-76 Marketing Consulting
961-53 Marketing Services
Compensation and Contract Process
A. After contract award, progress invoices shall be billed in monthly installments,
subject to review and approval by the City’s Project Manager. City payment
terms will be Net 30 Days from receipt of invoice.
B. The selected Contractor shall be expected to sign the City’s standard
Professional Services Agreement Work Order Type prior to commencing
Services (see sample attached to this Proposal).
C. The City reserves the right to award directly as a result of the written proposals.
The City may or may not opt to conduct oral interviews.
D. The City reserves the right to negotiate with any vendor as determined at the
City’s sole discretion. The City reserves the right to reject any or all proposals,
and to waive any irregularities.
H. Review and Assessment
Professional firms will be evaluated on the following criteria. These criteria will be
the basis for review and assessment of the written proposals and any optional
interview session. At the discretion of the City, interviews of the top rated firms
may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating,
3 being an average rating, and 5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal address all elements of
the RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and
results/outcomes required by the project?
Are there any exceptions to the
specifications, Scope of Work, or
agreement?
2.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to
the project?
1.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion
dates be met? Are other qualified personnel
available to assist in meeting the project
schedule if required? Is the project team
available to attend meetings as required by
the Scope of Work?
1.0
Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom
Line methodology in both their Scope of
Work for the project, and their day-to-day
business operating processes and
procedures?
2.0 Cost and Work Hours
Does the proposal include detailed cost
break-down for each cost element as
applicable and are the line-item costs
competitive? Do the proposed cost and work
hours compare favorably with the Project
Manager’s estimate? Are the work hours
presented reasonable for the effort required
by each project task or phase?
2.0 Firm Capability
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project
on-time and in-budget? Has the firm
successfully completed previous projects of
this type and scope?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser or
reduced negative effect on human health and the environment when compared with competing
products or services that serve the same purpose. This process is also known as
“Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of
performance: economic, or financial; environmental, and social. The generally accepted
definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its profitability
and shareholders values and its social, human, and environmental capital.”
Reference Evaluation (Top Ranked Firm)
The Project Manager will check references using the following criteria. The
evaluation rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Professional again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Completeness
Was the Professional responsive to client needs? Did
the Professional anticipate problems? Were problems
solved quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
Job Knowledge If a study, did it meet the Scope of Work?
Some Pertinent Documents
City Plan (comprehensive plan) (2011)
Transportation Master Plan (2011)
Transfort Strategic Operating Plan (2009)
Transfort Marketing Plan (2014)
Transfort Brand Management Guidelines (2014)
SAMPLE AGREEMENT – FOR REFERENCE ONLY
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with any
project Work Orders for , issued by the City. A blank sample of a work order is
attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated
herein by this reference. The City reserves the right to independently bid any project
rather than issuing a Work Order to the Professional for the same pursuant to this
Agreement. Irrespective of references in Exhibit A to certain named third parties,
Professional shall be solely responsible for performance of all duties hereunder.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Professional and mailed no later than thirty (30) days prior to
contract end.
5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this agreement shall be effective when mailed,
postage prepaid and sent to the following address:
Professional: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall be
the Professional's sole right and remedy for such termination.
6. Design, Project Insurance and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to
designs, plans, reports, specifications, and drawings and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
The Professional shall indemnify, save and hold harmless the City its officers and
employees, in accordance with Colorado law, from all damages whatsoever claimed by
third parties against the City and for the City's costs and reasonable attorney’s fees arising
directly or indirectly out of the Professional's negligent performance of any of the services
furnished under this Agreement. The Professional shall maintain commercial general
liability insurance in the amount of $1,000,000 combined single limits and errors and
omissions insurance in the amount of $1,000,000, in accordance with Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein.
7. Compensation. In consideration of services to be performed pursuant to this Agreement,
the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of ( ) page(s), attached hereto and
incorporated herein by this reference. At the election of the City, each Work Order may
contain a maximum fee, which shall be negotiated by the parties hereto for each such
Work Order. Monthly partial payments based upon the Professional's billings and itemized
statements are permissible. The amounts of all such partial payments shall be based
upon the Professional's City-verified progress in completing the services to be performed
pursuant to the Work Order and upon approval of the Professional's direct reimbursable
expenses. Final payment shall be made following acceptance of the work by the City.
Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
8. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing
accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable mylar base material using a non-fading process to provide for long
storage and high quality reproduction. "CD" disc of the as-built drawings shall also be
submitted to the owner in and AutoCAD version no older then the established city
standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any
Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work
Order, Work Schedule and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial
payment request.
11. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
12. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent
of the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Professional.
13. Personal Services. It is understood that the City enters into this Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior
written consent of the City.
14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to the City under this
Agreement.
15. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
16. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-
defaulting party commences legal or equitable actions against the defaulting party, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable attorney fees and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
18. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in Public Law 208,
104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of Homeland Security
(the “e-Verify Program”) or the Department Program (the “Department Program”),
an employment verification program established pursuant to Section 8-17.5-
102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Professional is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Professional shall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the “Department”) made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Professional shall be liable for actual and
consequential damages to the City arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of one (1) pages, attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing & Risk Management
Date: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[INSERT PROFESSIONAL'S NAME] OR
[INSERT PARTNERSHIP NAME] OR
[INSERT INDIVIDUAL'S NAME] OR
By: _________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
PROFESSIONAL
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Director of Purchasing and Risk Management
(over $60,000.00)
Date: ____________________________
EXHIBIT
INSURANCE REQUIREMENTS
1. The Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Professional shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Professional, such insurance
as the City may deem proper and may deduct the cost of such insurance from any
monies which may be due or become due the Professional under this Agreement. The
City, its officers, agents and employees shall be named as additional insureds on the
Professional 's general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of
termination or expiration of this contract, except in the event of litigation or settlement
of claims arising from the performance of this contract, in which case Contractor
agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operation
al Service
Contract
Turnkey
Constructio
n
Architectur
al
Engineerin
g
Acquisitio
n of
Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitiv
e award
Those
imposed
on state
pass thru
to
Contractor
None
$100,000/Capital
Projects
Yes3 pass thru
to
Contractor
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
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
5. TERMINATION
A. Termination for Convenience (General Provision) The City may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in
the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to City to be paid the
Contractor. If the Contractor has any property in its possession belonging to the City,
the Contractor will account for the same, and dispose of it in the manner the City
directs.
B. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract,
the City may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the City, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The City in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor ten (10) days in which
to cure the defect. In such case, the notice of termination will state the time period in
which cure is permitted and other appropriate conditions
If Contractor fails to remedy to City’s satisfaction the breach or default of any of the
terms, covenants, or conditions of this Contract within ten (10) days after receipt by
Contractor of written notice from City setting forth the nature of said breach or default,
the City shall have the right to terminate the Contract without any further obligation to
Contractor. Any such termination for default shall not in any way operate to preclude
City from also pursuing all available remedies against Contractor and its sureties for
said breach or default.
D. Waiver of Remedies for any Breach In the event that City elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by City shall not limit City’s remedies for any succeeding breach
of that or of any other term, covenant, or condition of this Contract.
E. Termination for Convenience (Professional or Transit Service Contracts) The
City, by written notice, may terminate this contract, in whole or in part, when it is in the
Government's interest. If this contract is terminated, the City shall be liable only for
payment under the payment provisions of this contract for services rendered before
the effective date of termination.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is __ %. A separate contract goal has not been established for this
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
c. {If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to City of Fort Collins , the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
11. 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.
Yes, if non-
competitive
award or if
funded
thru2
5307/5309/
5311
None
None
unless non-
competitive
award
None
None
unless
non-
competiti
ve award
None
None unless
non-competitive
award
II Non State
Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
Yes3
Those
imposed
on non-
state
Grantee
Yes
Yes
Yes
Yes