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HomeMy WebLinkAboutRFP - 8156 PUBLIC BIKE SHARE PROGRAM (2)8156 RFP Public Bike Share Program Page 1 of 19 REQUEST FOR PROPOSAL 8156 PUBLIC BIKE SHARE PROGRAM The City of Fort Collins invites qualified organizations, companies, vendors, manufacturers or other entities to submit a proposal for a plan to develop, install, own, operate and maintain a modern bike share program in the City. The ideal program will incorporate state-of-the-art information technology with shared bicycles as a transportation alternative to motor vehicle trips for residents, employees and visitors. The system will be owned and operated by the successful applicant (hereinafter owner/operator) for a minimum of one year, with a launch date as early as Fall 2015.. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, seven (7) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), August 21, 2015 and referenced as Proposal No. 8156. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Amy Lewin, Project Manager at (970) 416-2040 or alewin@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Amy Lewin , with a copy to Ed Bonnette, no later than 5:00 PM our clock on August 14, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing 8156 RFP Public Bike Share Program Page 2 of 19 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director 8156 RFP Public Bike Share Program Page 3 of 19 8156 PUBLIC BIKE SHARE PROGRAM The City of Fort Collins invites qualified organizations, companies, vendors, manufacturers or other entities to submit a proposal for a plan to develop, install, own, operate and maintain a modern bike share program in the City. The ideal program will incorporate state-of-the-art information technology with shared bicycles as a transportation alternative to motor vehicle trips for residents, employees and visitors. The system will be owned and operated by the successful applicant (hereinafter owner/operator) for a minimum of one year, with a launch date as early as Fall 2015. Tasks to complete the project include, but are not limited to, those outlined in the attached Submittal Requirements. I. INTRODUCTION The City of Fort Collins is seeking an owner/operator to develop, install own, operate, and maintain a public bike share system. In responding to this RFP parties are requested to describe how a bike share program would be implemented, operated, and maintained in the City of Fort Collins. Specific requirements include: ‐ Contract to operate the bike share system for a minimum of one year (with the potential for renewal), with a launch date as early as Fall 2015. ‐ Stations may be located in public right-of-way and on public or private property, if desired by sponsors. ‐ The bike share system will be well-maintained, reliable and offer a high level of service to the public. ‐ Build on the City’s Bike Share Business Plan (May 2014), particularly related to system planning/phasing and station location recommendations. ‐ Funded by the owner/operator through sponsorships, user fees etc. ‐ Incorporate the current Fort Collins Bike Library (FCBL)1 or elements of it. ‐ Data pertaining to ridership and other performance metrics made available to the City. Goals of the system include: ‐ To complement and serve as an extension of transit (in particular, to provide east-west transit connections to and from the City’s MAX system). ‐ To grow bicycling as a key component of the transportation system, providing people with more transportation options. ‐ To provide accessibility (to destinations) to all socioeconomic groups. ‐ To attract new users to bicycling by making biking fun and reducing barriers to participation (e.g., providing easy-to-use step through bikes, users do not have to maintain the bikes, etc.). ‐ To make bikes available 24/7 and use an affordable operational cost model. 1 The FCBL is currently managed by the City of Fort Collins, in contract with Bike Fort Collins. The current contract extends through February 2016. 8156 RFP Public Bike Share Program Page 4 of 19 ‐ To complement and build on the success of the Fort Collins Bike Library, serving different users/trips and providing increased geographic coverage, and ensuring that bike share remains a source of community pride. ‐ To support economic development (e.g., Old Town and Midtown redevelopment, Harmony corridor). ‐ To attract tourists to Fort Collins, including through incentives such as bike share reciprocity programs. ‐ To support non-residents in their commute to the city, making transit, carpooling and vanpooling more viable. ‐ To increase integration between CSU and neighboring areas, making it easier for the community to visit campus and vice versa. Additional background information is provided in Attachment A. II. CONSULTANT SELECTION PROCESS The intent is to streamline the owner/operator selection process with initial launch of the bike share system as early as October 2015. Consultant Selection Process RFP available to public August 7, 2015 Questions due August 14, 2015 Proposals due August 21, 2015 Selection of short listed teams Week of August 24, 2015 Conduct interviews September 3, 2015 Select owner/operator Week of September 7, 2015 III. SCOPE OF WORK The bike share system will be developed, installed, owned, operated, and maintained by the owner/operator, with the City of Fort Collins and other key stakeholders serving as key partners in the planning and implementation of the system. The anticipated role of the City includes: ‐ Some financial contribution, likely in the form of station sponsorships. ‐ Partnering to help plan key components of the bike share system – e.g., fare structure, station locations, system expansion, branding, and integration with the Bike Library. ‐ Support for adhering to existing sign code regulations and City policy. City will work with the owner/operator to facilitate the City permitting process, and to ensure sign code allows for a usable and sustainable system. ‐ Assistance with permitting of stations in the right-of-way and on public property. As described in the Submittal Requirements section, the response should include information related to proposed capital elements and operations, and consider the unique history and experience of bike sharing in Fort Collins. Included in this consideration should be the possibility of incorporating the current Fort Collins Bike Library (FCBL) or elements of it. 8156 RFP Public Bike Share Program Page 5 of 19 IV. 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 the Services Agreement. Of primary 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 resumes and 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. Project Understanding and Approach - Provide a description of your proposed Bike Share system for Fort Collins: a) Capital elements: i) Describe the infrastructure aspects of the system, including bicycles, kiosks (if necessary), software and related technology. ii) Describe the scope of a system that would benefit Fort Collins and the general concept for placing kiosks, stations or bicycle hubs. Discuss location requirements or “ideal placement concepts.” b) Operations: i) Provide a brief description of system functionality from a user’s perspective. ii) Describe your business model for implementing and sustaining a bike share program in Fort Collins. Include a possible membership structure and fee schedule. iii) Describe how the system would be managed and operated. Include estimated operating costs. Will operations be subcontracted? If so, will the respondent work with local entities to provide these services? Do you have any plans for including disadvantaged business enterprises (DBEs) in your operations? iv) How will the bike share system be made available to all socio-economic levels of the community, including those without a credit card? v) Explain the software and data options under your proposal. c) Bike Library integration: i) Describe how you would integrate with the existing FCBL for 2015. ii) Discuss how the bike share/bike library system might evolve for 2016. iii) If applicable, suggest how phasing of a system and future build-out might work, including any integration of the Fort Collins Bike Library (FCBL). d) Describe potential partnerships, sponsorships or other opportunities for funding the installation and operation of the system. e) The City desires to launch the program as early as Fall 2015, if possible; provide a potential schedule for program development, phasing, design and implementation. f) Address potential strengths and weaknesses of the program you propose for Fort Collins. g) Data and performance tracking (additional performance metrics provided in Attachment B): 8156 RFP Public Bike Share Program Page 6 of 19 i) Describe the data that is collected through your system. Example performance measures include: registered users, bicycle rentals, bicycle miles traveled, trip purpose, mode shift, availability of bikes at stations, and trips made as “first-/last- mile” of transit trip. ii) Describe how system performance will be measured, evaluated and tracked. h) Describe how the system will be branded and marketed. i) Please describe any specific needs of the City of Fort Collins. j) Sustainability: All qualified 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 systems and providing services similar to the ones listed under Project Understanding and Approach 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 implementation.  Samples (preferably three via a web link or pdf files) of work products or implementation 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 AN ON-SITE INTERVIEW IN FORT COLLINS, COLORADO ON SEPTEMBER 3 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW. 8156 RFP Public Bike Share Program Page 7 of 19 6. Cost Schedule – Provide a schedule of any Costs to the City for the installation, setup, operation, ongoing maintenance, or any other aspect of the deployment of your proposed Public Bike Share Program for City of Fort Collins as described herein. Make sure that is clearly stated in this section. If NONE, make sure that is clearly stated in this section. V. 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 a SERVICES AGREEMENT 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: 90664 - Planning, Urban (Community, Regional, Areawide, and State) 91892 - Urban Planning Consulting 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 Services Agreement prior to commencing Services (see sample attached to this Proposal). 8156 RFP Public Bike Share Program Page 8 of 19 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. VI. 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- 8156 RFP Public Bike Share Program Page 9 of 19 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? 8156 RFP Public Bike Share Program Page 10 of 19 VII. SAMPLE AGREEMENT – FOR REFERENCE ONLY SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the 8156 RFP Public Bike Share Program Page 11 of 19 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: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its 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. 8156 RFP Public Bike Share Program Page 12 of 19 11. 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. 12. 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. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. 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. 15. 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. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire 8156 RFP Public Bike Share Program Page 13 of 19 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. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. 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. 19. 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. 20. 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 8156 RFP Public Bike Share Program Page 14 of 19 “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 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. 21. 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) page, attached hereto and incorporated herein by this reference. 8156 RFP Public Bike Share Program Page 15 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8156 Public Bike Share Program Page 16 of 19 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not 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. RFP 8156 Public Bike Share Program Page 17 of 19 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 8156 Public Bike Share Program Page 18 of 19 APPENDIX A A. Links to Other Important Information 2014 Bike Share Business Plan http://www.fcgov.com/bikeshare 2014 Fort Collins Bicycle Plan http://www.fcgov.com/bicycling/bike-plan.php 2010-11 Fort Collins Transportation Master Plan http://www.fcgov.com/planfortcollins/transportation.php 2009 Transfort Strategic Plan http://www.fcgov.com/transfort/plan-index.php MAX – Mason Corridor Project http://www.fcgov.com/mason/ City of Fort Collins Geographic Information Systems (GIS) Links http://www.fcgov.com/gis/maps.php http://www.fcgov.com/gis/downloadable-data.php City of Fort Collins Municipal Code http://www.colocode.com/fcmunihtml.html City of Fort Collins Land Use Code http://www.colocode.com/fclandusehtml.html Colorado State University Bicycle Advisory Committee http://bicycle.colostate.edu/home.aspx Fort Collins Bike Library http://www.fcbikelibrary.org/index.php North Front Range Metropolitan Planning Organization (NFRMPO) http://www.nfrmpo.org B. Example Performance Metrics 1. Registered users 2. Bicycle rentals (day/quarter/annual) a. By members (day/quarter/annual) b. By walk-up (day pass) renters (day/quarter/annual) c. Bicycle miles of travel (BMT) (day/quarter/annual) 3. Annual subscriptions 4. Trip purpose 5. Origin-Destination matrices/heat maps RFP 8156 Public Bike Share Program Page 19 of 19 6. Trips made as “first-/last-mile” of transit trip 7. Mode shift (from single occupancy vehicle trips) a. Vehicle miles of travel reduced b. Greenhouse gas emissions reduced 8. Customer satisfaction ratings 9. Success at reading target market 10. Job creation 11. Availability of bikes at stations 12. Percentage of bikes in service