HomeMy WebLinkAboutRFP - 7612 PARATRANSIT SERVICESREQUEST FOR PROPOSAL
7612 PARATRANSIT SERVICES
The City of Fort Collins Dial-A-Ride and the City of Loveland Transit agencies provide
door-to-door specialized transportation services to citizens who, because of their
disability are unable to access the fixed route bus service.
Proposals submission via email is preferred. Proposals shall be submitted in Microsoft
Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit
hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins'
Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
Proposals will be received before 3:00 p.m. (our clock), March 26, 2014 and referenced
as Proposal No. 7612. If delivered, they are to be sent to 215 North Mason Street, 2
nd
Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort
Collins, 80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Questions concerning the scope of the project should be directed to Project Manager,
Craig Dubin at (970) 224-6196 or cdubin@fcgov.com.
Questions regarding bid submittal or process should be directed to Gerry S. Paul,
Director of Purchasing Risk Management at (970) 221-6779 or gspaul@fcgov.com.
The deadline for submitting questions is on March 19, 2014. Please submit your
questions via email to the Project Manager, Craig Dubin, with a copy to Gerry Paul.
A copy of the Proposal may be downloaded from the BuySpeed Webpage:
www.fcgov.com/eprocurement
The City of Fort Collins is subject to public information laws, which permit access to
most records and documents. Proprietary information in your response must be clearly
identified and will be protected to the extent legally permissible. Proposals may not be
marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to
material treated as confidential in the normal conduct of business, trade secrets,
discount information, and individual product or service pricing. Summary price
information may not be designated as proprietary as such information may be carried
forward into other public documents. All provisions of any contract resulting from this
request for proposal will be public information.
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
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision-making authority concerning such sale or any
supervisory authority over the services to be rendered. This rule also applies to
subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal
will be rejected and reported to authorities as such. Your authorized signature of this
proposal assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive
any irregularities or informalities.
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
7612 PARATRANSIT SERVICES
SCOPE OF WORK
The City of Fort Collins Dial-A-Ride and the City of Loveland Transit agencies provide
door-to-door specialized transportation services to citizens who, because of their
disability are unable to access the fixed route bus service. These programs,
administered by the Transfort Department hereinafter referred to as “DAR” and City of
Loveland Transit hereinafter referred to as “COLT”, consist of Road Operations and
Central Dispatch components. “DAR” is seeking a service provider hereinafter referred
to as the “Service Provider” to provide door-to-door ADA complementary paratransit
operations, supervision, scheduling as well as a central dispatch/call center for both
ambulatory and non-ambulatory clients. Additionally, COLT is seeking an option to be
executed at a later date for an equal level of service defined in this scope of work.
Except where otherwise indicated, the “Service Provider” should provide pricing for the
COLT option based on the requirements as outlined for the City of Fort Collins’ “DAR”
scope of work. The following is a list of the general conditions under which service shall
be performed:
1. Those clients certified as “eligible” and whose trip requests originate and
terminate within the established service areas of each of the respective agencies.
2. Those clients whose homes have been grandfathered into the service areas of
either of the respective agencies.
3. Under emergent circumstances, the “DAR” Contract Manager may authorize
additional trips including same-day and overflow trips which may be within or
outside of the respective service areas of either of the communities.
4. At the request of the “DAR” Contract Manager, transportation shuttles shall be
provided within either of the respective service areas at an hourly rate using
“Service Provider” vans and/or City owned vehicles.
“DAR” intends to provide door-to-door paratransit services through the coordinated
efforts of a central eligibility and quality assurance office operated by “DAR”, a central
ride reservation center to be located at, operated and provided by the “Service Provider”
as well as road operations and dedicated road supervision operated by the “Service
Provider”. The “Service Provider” shall designate an Operations Manager hereinafter
referred to as the “Service Operations Manager”. The Transfort Communications and
Administration Division Manager hereinafter referred to as the “Contract Manager” will
monitor the “Service Provider” for quality assurance. The “Contract Manager” will be
the central point of contact for all contract communications and oversight. This includes
management of service options executed at a later date.
The “Service Provider” shall work with the “Contract Manager” in order to maximize
service efficiencies and overall quality. The “Service Provider” shall be the point of
contact for trip reservations, subscription requests, cancelations and general customer
service. On a daily basis, the “Service Provider” shall receive client trip requests by
phone within the guidelines of “DAR” as well as the Americans with Disabilities Act of
1990 (ADA), shall provide all trip administration, and shall assign their vehicles and
drivers in order to provide 100% of the requested trips meeting guidelines of this scope
of work.
1 CONTRACT REQUIREMENTS-GENERAL
1.1 The “Service Provider” shall have the following responsibilities for the operation
of this proposal. They are:
1.1.1 To provide qualified, competent and courteous staff,
1.1.2 To provide safe, clean, comfortable and customer-friendly vehicles,
1.1.3 Take ride reservations,
1.1.4 Take trip cancelations,
1.1.5 Receive and forward complaints to appropriate “DAR” staff as outlined
during operational meetings,
1.1.6 Receive and forward all ADA eligibility intakes and questions to
appropriate eligibility staff,
1.1.7 To provide the necessary management, administration, back-office and
dedicated on-road supervision by qualified supervisory and
administrative staff to meet the requirements of this contract, and
1.1.8 To adhere to ADA guidelines as well as all elements of contract as they
apply to on-road service, fleet services, safety & training requirements,
dispatch services and call-center procedures.
1.1.9 Incur the initial and on-going costs to maintain a wireless network
connection for up to (18) static IP address accounts with unlimited data
transfer capability having no trends of interruption in service at a cost as
defined below in “DAR Fee Schedule” or to purchase, implement and
maintain similar equipment to interface with “DAR” scheduling systems
1.1.10 Maintain up to (18) MDC units in lease agreement with “DAR” at a cost
as defined below in “DAR Fee Schedule”. The “Service Provider” shall
be responsible for the maintenance as well as the cost of any damage or
abuse to the units (See 1.1.9)
1.1.11 Incur the cost of installation of up to (18) MDC units in designated
vehicles (See 1.1.9)
1.1.12 Maintain a two-way radio system.
1.1.13 Route and schedule trips.
1.2 “DAR” will have the following responsibilities under this contract:
1.2.1 Provide program management and direction,
1.2.2 Develop and provide to “Service Provider” all policies for service, and
ensure that appropriate procedures are developed to implement them,
1.2.3 Define service standards and performance criteria,
1.2.4 Set fares and fare policy,
1.2.5 Determine clients’ eligibility for use of services,
1.2.6 Provide the “Service Provider” with a master copy of all forms needed for
reporting necessary information to “DAR”.
1.2.7 To work with the “Service Provider” to control no shows by enforcing no
show policy where applicable.
1.2.8 Provide the “Service Provider” with access to three licenses for “DAR”
transit scheduling software via VPN connection.
1.2.9 Provide the “Service Provider” the use of up to 18 Mentor Mobile Data
Computers (MDC) for lease at a cost as defined below in “Transfort Fee
Schedule” unless “Service Provider” opts to purchase its own equipment
per section 1.1.9
1.2.10 Provide the Contractor with “Train the Trainer” instruction on the
maintenance of the MDC units at a cost as defined below in “Transfort
Fee Schedule.
1.2.11 Provide necessary “Train the Trainer” instruction on the use of “DAR”
paratransit scheduling at a cost as defined below in “DAR Fee Schedule.
2 PARATRANSIT OPERATING STANDARDS
2.1 Each of the operating standards are subjected to assessing of liquidated
damages as stated in “Assessed Liquidated Damages List and Fee Schedule”
and shall be deemed material, a breach of which may result in “DAR” declaring
the “Service Provider” in default of the contract.
2.2 General
2.2.1 The “Service Provider” shall provide all services in accordance with
“DAR” policies and procedures and in accordance with the following
service operating standards:
2.2.2 The “Service Provider” shall provide door-to-door service. All drivers
shall offer assistance from the door of the pick-up location to the vehicle
and from the vehicle to the door of the drop-off location. The “Service
Provider” shall ensure that clients who are going to/from a flagged
location indicating that they have a disability that impacts their judgment
shall be escorted to/from the door without exception. In these cases,
“Service Provider” shall ensure that clients are received by an authorized
3
rd
party before departing. Any exceptions to this policy must be pre-
authorized by “DAR”. If there is more than a 10% increase or more than
300 trips per month going to flagged locations, “Service Provider” shall
have the right to negotiate an equitable fee for these extra provided
services.
2.2.3 Call Center Staff, Drivers, Supervisors and Dispatchers shall provide
friendly customer service at all times. Rude or inappropriate behavior by
“Service Provider” staff shall not be tolerated.
2.2.4 Drivers, Supervisors and Dispatchers shall remain professional while in
service to “DAR” and only offer correct and appropriate information
regarding the Service Contract.
2.2.5 The vehicles provided shall have a 100% smoke-free environment.
There shall be no smoking in vehicles at any time by either passengers
or drivers; whether in revenue service for “DAR” or otherwise.
2.3 Road and Office Supervision
2.3.1 “Service Provider” will ensure that qualified road supervisors are
scheduled during all peak service periods to respond to collisions,
injuries, incidents, service failures, vehicle failures and general service
needs. During off-peak service periods, road supervisors must be
available to respond to an investigation on-site within 30 minutes of a
call requiring supervisor investigation.
2.3.2 “Service Provider” will ensure that all supervisors who may be called to
investigate any on-road incidents have been properly trained and
certified to perform such duties. Supervisor training and certifications
must be submitted to and approved by the “Contract Manager” prior to
performing such duties.
2.3.3 “Service Provider” will ensure that road supervisors actively monitor at
least 1% of total monthly revenue hours per month. Using current “DAR”
averages, this would account for 3-4 hours of monitoring per week.
2.3.4 “Service Provider” will ensure that qualified Dispatch supervisors are
scheduled during all peak service periods to respond to high-volume call
periods, emergencies, service failures and to provide coaching and
guidance to call-center staff. During off-peak service periods, dispatch
supervisors must be available to respond for to provide guidance and
coaching for emergent or unusual circumstances.
2.3.5 Road and dispatch supervisors will maintain and submit a monthly log
that includes daily events to include complaints, collisions, injuries,
incidents, on-road monitoring as well as any call-center monitoring
activities.
2.4 Call Center
2.4.1 Trip Requests, Scheduling and Information
2.4.2 The “Service Provider” shall take trip requests from the designated Call
Center phone number between the hours of 8:00 am and 5:00 pm seven
(7) days per week. Trip requests must be taken between one (1) and
fourteen (14) days in advance of the requested trip date. “Service
Provider” shall provide adequate staff during these office hours and meet
the following criteria:
2.4.2.1 Calls shall be answered Monday through Saturday within three
(3) rings.
2.4.2.2 Service Provider shall provide Spanish speaking staff with
proficient oral comprehension and verbal speech skills for
Limited English Proficiency (LEP) customers as defined by
Title VI of the Civil Rights Act of 1964, Executive Order 13166 or
shall provide proficient on-demand translation services by a 3
rd
party to be approved by “Contract Manager”.
2.4.2.3 There shall be no greater than an average weekly hold time of
two (2) minutes and no greater than a maximum hold time of
two and one half (2 ½) minutes on any service day
2.4.2.3.1 Service Provider shall track and report on number of
calls, hold times and call lengths; This report shall be
submitted to Contract Manager on a monthly basis
2.4.2.4 Calls shall be answered by voicemail on Sundays and non-
working holidays. The “Service Provider” shall take and
schedule all trip requests that were logged during that 8 am to 5
pm period as stamped on the voicemail date/time no later than
one and one half (1 ½) hours before the start of service on the
next service day. The current start of service is 6:00 am,
therefore, under current conditions; trips must be scheduled and
assigned no later than 4:30 am on the next business day (e.g.
Monday for trips requests received on Sundays, Tuesday for
trips requests received on a non-working Monday holiday)
2.4.2.5 Trip requests shall not be taken before 8:00 am or after 5:00 pm
seven (7) days per week under any circumstances except as
directed by “Contract Manager”
2.4.3 All trip requests must be taken and scheduled for eligible clients between
1 and 14 days in advance. *See “Trip Reservation Procedures”
2.4.3.1 The “Service Provider” shall ensure that every eligible trip
request is scheduled and that the trip is provided in order to
maintain a 0% denial rate. In the event that the “Service
Provider” is unable to maintain a 0% denial rate, the “Service
Provider” shall contact the Contract Manager immediately.
2.4.4 Service Provider shall ensure call takers are strictly following the trip
reservation procedures. See Trip Reservation Procedure, Attachment F.
2.4.4.1 Service Provider shall confirm all trip request information upon
each trip request to ensure accuracy.
2.4.4.1.1 Information to verify for each leg of trip:
Client Name
Phone number
Pick up address
Drop off address
Requested pick up time
Appointment time upon request
PCA, if applicable
Service animal, if applicable
Number of guests, if applicable
Fare amount due
Funding, if applicable
Vehicle type exclusion, if applicable
Mobility device, if applicable
2.4.5 Service Provider shall adequately manage and maintain subscription
trips to ensure that subscription changes are completed appropriately
and shall not create missed trips or no shows. Record keeping
processes for subscriptions are at the discretion of the “Service
Provider”. However, the format must be approved by the “Contract
Manager” and shall be available to “Contract Manager” or designee
within two (2) hours of request.
2.4.6 The “Service Provider” must stamp the original requested time as stated
by the client. Under no circumstances is the “Service Provider” allowed
to change the client’s requested time.
2.4.7 The “Service Provider” may negotiate scheduled pick up times with
clients under the following criteria:
2.4.7.1 Negotiations may not exceed one hour before or one hour after
the original requested time
2.4.7.2 Negotiations may not be offered that would render a useless
trip.
2.4.7.2.1 If a client requests a drop off appointment, a
negotiation may not be offered that would exceed that
requested drop off time. Example: Client needs to
be at work by 10:00 am and requests a 9:15 am pick
up. In this case, a 10:15 am negotiation would be
rendered a useless trip and may not be offered. The
“Service Provider” must honor the client’s
appointment time of 10:00 am. However, a pick up
could be negotiated as early as 8:15 am in this
situation.
2.4.7.2.2 If a client requests a pick up no earlier than a
specified time, a negotiation may not be offered that
would require the client to be ready prior to their
earliest specified time. Example: Client finishes
work at 6:00 pm and requests a 6:15 pm pick up. In
this case, a 5:15 pm negotiation would be rendered a
useless trip and may not be offered. The “Service
Provider” must honor the client’s request to be picked
up no earlier than 6:00 pm. However, a pick up could
be negotiated as late as 7:15 pm in this situation.
2.4.7.3 Negotiations must be offered and documented using tracker
actions on the trip request itself noting the employee name, date
called, time called, and the information offered.
2.4.7.4 Valid negotiations that are refused by the client shall be marked
booking subtype: REFUSAL and a tracker action must be
created with the reason the client gave for the refusal.
2.4.7.5 Negotiations must only be offered once and no later than one
day before the day of the requested trip except if the trip request
was made on a Sunday or holiday between 8:00 am and 5:00
pm. In these cases, attempts may be made to make
negotiations on the day of service; however, if the negotiation is
not acceptable to the client for any reason, the original request
time must be honored.
2.4.8 The “Service Provider” may not accept same-day trip requests and/or
additional trip legs except under the following criteria:
2.4.8.1 It is a trip that was called in during the previous non-service day
(i.e. Sundays, holidays as noted noted in section 2.2.1.4)
2.4.8.2 It is a trip that was an earlier no-show and the client is not at
their home.
2.4.8.2.1 Clients who were a no show at their residence shall
not have their trip rescheduled for the same-day.
2.4.8.3 It is a trip that was an earlier medical delay. Medically delayed
trips must have their return rescheduled within two (2) hours of
the call stating they are ready provided they are available for
return during regular service hours
2.4.8.4 The trip was not honored due to Call Center staff error
2.4.8.5 It is by order of Contract Manager
2.4.9 The “Service Provider” may not, under any circumstance prioritize trips
by trip purpose, location, ethnicity, age, gender or any other
demographic measurements
2.4.10 The “Service Provider” shall provide space for those clients who require
a Personal Care Attendant (PCA) as noted in their client file upon client
request at no additional charge.
2.4.10.1 Service Provider shall not allow PCA’s for those clients who
have not been authorized PCA in their client file unless directed
by Contract Manager
2.4.11 The “Service Provider” shall schedule space for at least one full fare
paying guest (in addition to PCA if applicable) and shall make space for
as many guests as the client requests as is deemed reasonable.
2.4.11.1 While this number cannot be assessed, a reasonable example
may be to add three total guests if the trip could be
accommodated without displacing another client trip request.
However, an example of an unreasonable request may be if the
client requests that five (5) guests be transported thereby
requiring a separate vehicle in order to accommodate the
trip.
2.4.12 The “Service Provider” shall take token/ticket orders from clients by
phone and shall distribute token/ticket orders on the client’s next
scheduled trip (next day service).
2.4.12.1 The “Service Provider” shall accept no more and no less than
the value of the token/ticket order
2.4.12.2 The “Service Provider” shall ensure accurate accounting of
token/ticket order transactions
2.4.13 The “Service Provider” shall maintain accurate records of all driver fare
reconciliation. The format must be approved by the Contract Manager
and shall be available to the Contract Manager within two (2) hours of
request.
2.4.14 The “Service Provider” shall maintain confidentiality of all trip records
and client information. Any use of client information for purposes other
than contractual obligation shall be grounds for breach of contract. In
addition, client and/or trip information shall not be given to any entity
other than the client except in situations where a client has a designated
provider who has authorization to manage their trips.
2.5 Daily Dispatching
2.5.1 Dispatchers shall ensure that drivers are collecting proper fares and
proper accounting as trips occur using “DAR”’s scheduling software.
2.5.2 Dispatchers shall ensure that drivers are arriving and performing
properly at all designated locations
2.5.3 Dispatchers shall reschedule clients who have been medically delayed
or who have had a no-show trip that did not originate at their home.
2.5.4 Dispatchers shall monitor driver performance to ensure there are no
dropped or missed trips.
2.5.5 Dispatchers shall only authorize no shows and cancels at the door if the
driver has waited five (5) minutes at the location of the pick up as
shown by AVL tracking and in accordance with the time stamp in the
“Actual Arrive” field within the scheduling software. Dispatchers shall
make at least one attempt to contact the client by phone provided the
information is available. Tracker action must be assigned with details of
the interaction.
2.5.6 Dispatchers shall assign trips where the client called in less than one (1)
hour of the trip reservation as a late cancelation. Tracker action must be
assigned with details of the interaction.
2.5.7 Dispatchers shall actively review driver schedules throughout the service
day
2.5.7.1 Dispatchers shall reschedule trips to alternate driver manifests
where appropriate to ensure excellent on-time performance.
2.5.8 “Service Operations Manager” shall actively review trends of missed
trips, late and/or early arrivals to ensure the following:
2.5.8.1 There are no trends of inadequate staffing and/or poor
scheduling during any recurring day of week and/or time period
2.5.8.2 There are no trends of poor on-time performance by driver
2.5.8.3 There are no trends of poor scheduling performance by
scheduler
2.5.8.4 There are no trends of poor dispatching performance by
dispatcher
2.5.8.5 There are no trends of inaccurate information relayed by
customer service agents/call takers
2.5.9 “Service Operations Manager” shall actively monitor data to ensure that
staff does not change data without valid reason under any
circumstances. All data edited must also be accompanied by tracker
actions marking the reason for the change as well as a summarized
monthly report accounting for changes made.
3 ON ROAD OPERATIONS
Performance Standards
3.1 Use of Mobile Data Computers (MDC)
3.1.1 “DAR” shall provide the “Service Provider” with a copy of the MDC
policies manual. Drivers shall adhere to all policies and procedures
relating to the use of the MDC. Drivers shall push the “arrive” button
when arriving to a location. They shall push the “perform” button when
departing from a location. Drivers shall push “NS” button to request
authorization thru “Service Provider” Dispatch in order to request a “No-
Show”.
3.1.2 All contract trips performed by the “Service Provider” shall occur on
vehicles designated with MDC units to the extent possible. In the event
that the “Service Provider” is unable to perform a trip on a designated
vehicle, “Service Provider” shall request authorization from “Contract
Manager” or designee prior to performing the trip. There shall be no
recurring trend of inability to perform trips on MDC-equipped vehicles. In
the event that an occasional trip is performed by paper manifest, the
“Service Provider” shall use forms provided by “DAR” to record all
pertinent information and submit the forms to the “Contract Manager” on
the next business day. Complete documentation detailing why the trip
was not performed on an MDC-equipped vehicle shall accompany any
such trips.
3.2 Acceptable deviation from scheduled pick-up time: +/- 15 minutes
3.2.1 The driver is obligated to arrive at the pick-up location within 15 minutes
of either side of the scheduled pick-up time. The “Service Provider” shall
maintain this operating standard at or above a 95% level on a monthly
basis with no trends of on-time violations due to time period, date
interval, client, driver and/or scheduler.
3.2.2 Any pick-up time is considered outside the window if the driver arrives
earlier than 15:00 minutes prior to the scheduled pick-up time or if the
driver arrives at or later than 15:00 minutes after the scheduled pick-up
time. In the event that a client has a scheduled appointment time, the
driver shall not drop-off the client later than their scheduled drop-off
appointment time. The “Service Provider” shall be obligated to arrive at
the first pick-up of the day and the first pick-up after a scheduled break
before the scheduled center time. In the event that arriving at the
beginning of the window would disrupt a group trip situation, the driver
shall pick-up their client as per the estimated pick-up time on the
MDC/Schedule Editor.
3.3 Required wait time for clients: 5 minutes
3.3.1 Upon arrival at the client’s pick-up location and after making an attempt
to contact the client, the driver is obligated to wait five minutes at that
location. Any special requests for additional wait time shall be relayed to
the “Service Provider” Dispatch center via MDC as defined in section 8
of “Paratransit Operating Standards”.
3.3.2 Once the “No-Show” request button has been activated, the client has
not appeared for boarding within the five minute wait period and
Dispatch has authorized a “No-Show”, the vehicle shall depart to the
next pick-up. Dispatch shall not authorize a “No-Show”, “Cancel at the
Door” or “Medical Delay” until the driver has been there for the complete
five minute wait period. “No-Shows” and “Cancel at the Doors” are not
charged against the client if the wait period began outside the
acceptable 15 minute deviation from the scheduled pick-up time.
3.4 Authorized Changes to Schedule
3.4.1 All changes to the client schedule shall be pre-authorized by the “Service
Provider” Dispatcher and appropriately logged; additional trip legs shall
not be added as per the section 2.2.7.
3.5 Maximum riding time in vehicles: 1 hour
3.5.1 The maximum time any client shall be required to spend on board a
vehicle shall be one (1) hour. In addition, riding times must not exceed
twice the length of a similar trip which could be taken on fixed route
transportation. For example, if a passenger wishes to take a trip on
paratransit that could be performed on fixed route service in 15 minutes,
the total trip length on paratransit must not be greater than 30 minutes.
The “Service Provider” shall not schedule manifests that do not meet this
standard and the “Service Provider” shall adhere to this standard during
its operations. If the “Service Provider” is unable to maintain this
standard, the “Service Provider” shall immediately notify the “Contract
Manager” or designee.
3.6 No “Hostage-Time”
3.6.1 The “Service Provider” may not have clients on board during slack time
or driver break time (“Hostage Time”). The “Service Provider” may only
keep clients on the bus and waiting while the driver is performing
revenue service. See following 2 examples of “Hostage Time”:
Example A: The driver has client “A” on board. They proceed to pick-up client
“B” who has a scheduled pick-up time of 10:00 am. The window does not
open until 9:45 am. The driver arrives at 9:35 am and waits for 10 minutes to
contact client “B”. This 10 minute wait is considered “Hostage Time”; which is
not permitted.
Example B: The driver has a client on board at 1:00 pm. The driver decides
that he/she has not had a break all day and tells the client that he/she needs
to stop and pick-up lunch. The driver keeps the client on board while he/she
conducts personal business; such as making a purchase or consuming their
lunch. All time where the client was waiting for the driver to complete his/her
personal business is considered “Hostage Time”; which is not permitted.
3.7 Drivers shall not use cell phones, use cell phone text messages or Bluetooth
devices while performing any contracted revenue service trips.
3.8 Drivers shall wear a uniform to be approved by the “Contract Manager”.
Uniforms shall be maintained in good repair and have a neat appearance while
in service. Drivers shall wear a badge with their photo on the badge that is in
plain view at all times while in service.
4 OPTIONS
The “Service Provider” should consider and provide pricing for the following options
with the understanding that these options may be executed at any time for the
duration of the contract period up to and including a five year period.
4.1 “COLT” Option
At the option of the City of Fort Collins, the “Service Provider” will provide the
same level of service to “COLT” as defined in the “Scope of Work”. Should this
option be executed, the “Contract Manager” will act on “COLT”s behalf to
administer the contract and ensure compliance of service standards. The
“Contract Manager” will work with the “Service Provider” to provide any
specialized training, configuration and logistics for this option at the time of
execution.
4.2 Operational Options
At the option of “DAR”, the “Contract Manager” may request these additional
services to be performed by the “Service Provider”. These services may be
performed either on an incidental, periodic or regular basis at the discretion of
the “Contract Manager”. These services will not be considered ADA Paratransit
services and as such, are not subject to the strict rules applied to ADA service.
“DAR” would be interested to work with the “Service Provider” to develop cost-
effective operating parameters to optimize safety, customer service and
budgetary concerns. Pricing should be quoted on an hourly basis, but
proposals should include “Service Provider’s” optimal conditions to administer
these services.
4.3 Cross-Jurisdictional trips for “DAR” and “COLT” eligible clients
4.3.1 Trip booking, scheduling, administration and operation will be
administered by the “Service Provider” in the same manner as the
general specifications of the “Paratransit Operating Procedures” with the
exception that trip limits will apply, service areas will originate in one
jurisdiction and terminate in the next jurisdiction and service will not be
constrained to ADA Paratransit requirements.
4.3.2 In the event that this option is executed, the contract will be amended to
provide further guidance related to faring and scheduling parameters.
The “Contract Manager” will work with the “Service Provider” on the
refinement of those parameters.
4.4 Shuttle Service
4.4.1 Periodically, “DAR” may book and request the “Service Provider” to
schedule group shuttles with pre-defined or variable routes to aid and
assist in operational efforts.
4.5 Voucher Program for eligible clients
4.5.1 “DAR” is interested in proposals to support a voucher system for eligible
clients. Vouchers would be made available to clients on a pre-defined
fee schedule which allowed for travel beyond ADA service. Voucher
service would be trip limited and clients would be required to pay the
unsubsidized balances.
5 PERSONNEL REQUIREMENTS:
5.1 Driver Pre-hire Qualifications
5.1.1 DMV Record Check
5.1.1.1 The “Service Provider” shall perform a Department of Motor
Vehicles (DMV) records check for all prospective drivers prior
to, but no more than 30 days before, date of hire. For existing
staff, a current DMV record (within the past 365 days) shall be
on file. If a driver was, or is, found to be at fault for any incident
that would prohibit that driver from maintaining a Commercial
Driver’s License, whether or not the driver holds one, the driver
is no longer eligible to perform duties under this contract.
Failure to immediately remove an ineligible driver from driving
duties may be considered breach of contract. “Service
Provider” shall conduct DMV record checks on all drivers
annually and provide “DAR” with copies of the report.
5.1.2 Criminal History
5.1.2.1 The “Service Provider” shall perform a criminal history
background check on all present and prospective employees
and/or independent contractors who shall be assigned to driving
duties under this contract prior to, but not more that 30 days
before, date of hire. All drivers shall have a clean criminal
history with no felony convictions. Other misdemeanor criminal
convictions that would disqualify an employee include, but are
not limited to:
5.1.2.1.1 Any offense that requires registration of a sex
offender
5.1.2.1.2 Any driving under the influence of drugs or alcohol
violation within the past 3 years
5.1.2.1.3 Any offense of violence by a person in a position of
trust.
5.1.3 The “Service Provider” shall make all criminal background checks for all
drivers who perform duties under this contract available to “DAR”.
5.1.4 Substance Abuse
5.1.4.1 The “Service Provider” is required to abide by City of Fort
Collins Substance Abuse Policies and Procedures in
compliance with FTA regulations and 49 CFR Part 655
(Attachment B - can be viewed as a separate document).
5.2 The “Service Provider” shall provide education to safety-sensitive employees
and/or independent contractors, perform all required tests maintain records and
submit reports in compliance with the Substance Abuse policy and 40 CFR Part
655. The “Service Provider” shall also comply with all policy changes when
notified of such by “DAR”. Education and testing records shall be maintained
and made available for review by “DAR” or any other person or entity so
authorized by law. Failure to maintain compliance with these substance abuse
regulations may result in an immediate termination of this contract.
5.3 Within ten (10) days prior to the renewal of the Contract, the “Service Provider”
shall furnish “DAR” with all information required by “DAR” to document that the
employees and/or independent contractors meet all requirements of the
contract. “DAR” reserves the right to disqualify any driver from performance of
service under this contract.
6 TRAINING
“Service Provider” shall maintain a comprehensive training program for all of its
employees and/or independent contractors who provide service under this contract.
The training program shall ensure that employees and/or independent contractors
who provide service under this contract are trained in accordance with all municipal,
county, state and federal regulations.
6.1 Training Curricula: The comprehensive training program shall include, but not
be limited to the following:
6.1.1 Passenger Service and Safety (PASS) certification
6.1.2 Defensive Driving
6.1.3 Substance Abuse (minimum of one hour training)
6.1.4 Reasonable Suspicion Training for Substance Abuse (minimum of two
hour training, Supervisors only).
6.1.5 Sexual Harassment Prohibited
6.2 Trainers: Trainers of Passenger Service and Safety (PASS) and Defensive
Training shall be certified instructors. These certifications shall be kept current
during the contract period. The “Service Provider” shall maintain a record of
each trainer’s name and certifications, as well as a copy of each certification.
6.3 Development of Training Plan: The “Service Provider” shall provide all
employees and/or independent contractors assigned to duties under this
contract the above-listed training. The “Service Provider” shall provide “DAR”
with the name of the person responsible for managing the Training Program
and describe the manner in which training records are maintained. All new
hires of “Service Provider” shall receive all required training prior to being
placed into revenue service or performing any duties under this contract.
6.4 Training Records: “Service Provider” shall maintain a training record which
notes each driver’s training including the date, time, training location, trainer’s
name, and training received. Training records shall be maintained and made
available for review by “DAR” or any other person or entity so authorized by
law.
7 OTHER REQUIREMENTS:
7.1 Each driver shall possess and maintain a valid Colorado driver’s license as
required by law.
7.2 Service Provider shall supervise drivers and monitor their performance. Any
driver found to be jeopardizing the safety of a Dial-A-Ride passenger shall be
immediately removed from provision of service under this contract. Failure to
do so is grounds for immediate cancellation of this contract.
7.3 Service Provider is required to maintain a list of qualified substitute drivers so
that absenteeism does not affect service provision.
7.4 Service Provider is required to maintain a Driver Qualification File, as per
Federal Motor 6.5 Carrier Safety Regulations, for each employee who
possesses a Commercial Driver’s License and performs duties under this
contract.
7.5 A roster of all drivers who shall be performing service through this contract shall
be kept current and provided to “DAR”. This roster shall include the drivers’
first and last name as well as any qualifications such as certification for the use
of lift-equipped vehicles.
7.6 Service Provider shall be required to comply with City of Fort Collins Personnel
Policies and Procedures 8.4; Computer Security and Acceptable Use and 8.5;
Personal Use of Equipment and Supplies (Attachment C - can be viewed as a
separate document).
7.7 “Contract Manager” may suspend any “Service Provider” employee or
independent contractor from the Dial-A-Ride program with twenty-four hour
notice without cause.
7.8 Contract Manager may terminate any “Service Provider” employee or
independent contractor from the Dial-A-Ride program with one week written
notice without cause.
8 FLEET MANAGEMENT
8.1 The “Service Provider” is required to:
8.1.1 Provide all necessary vehicles to provide service for ambulatory and
non-ambulatory passengers with the exception that “DAR” will lease two
vehicles to the “Service Provider”,
8.1.1.1 “DAR” will lease to the “Service Provider” the following vehicles:
Unit 20410 – 2007 Ford Senator E350 VIN
1FDWE3SSX6DB2838
78006 miles Ford Supreme Senator E350 22’ 14
Passenger
Mini-Bus, Unit 20711 – 2007 Ford Senator EE350
VIN 1FDWE35S86DB33089
75974 miles Ford Supreme Senator E350 22’ 14
Passenger
Mini-Bus
8.1.1.2 Lease Return Criteria
A thorough inspection shall be made on each vehicle and
existing damage will be noted and placed on file, signed by the
Lessee as well as “DAR” staff.
Below are examples of excess wear and tear:
INTERIOR:
Any burn holes
Tears greater than 1”
Any stains that cannot be removed
Cigarette smoke odor (No smoking allowed inside the
vehicles)
EXTERIOR:
Damage to frame structure that affects the integrity of the
vehicle
Scratches that go through the paint
Two or more dings per panel
Dents greater than 2” diameter
A cracked, pitted or broken windshield
Lights, turn signals and lamps with broken lenses
TIRES
Tire tread depth of less than 3/32”
Tires that do not meet manufacturer’s guidelines for safe
operation or that are incorrect in size or weight rating
MECHANICAL
Mechanical or electrical malfunctions-all components
shall be in good mechanical condition, no fluid leaks will
be allowed.
Inoperable, missing or broken equipment or poor repair
of any damage is also considered excess wear and use.
8.1.2 Maintain vehicle records to include pm service intervals, history,
checklists, and repairs from daily vehicle inspection defects. Maintain
all ADA equipment according to the manufacturer’s guidelines. PM
services shall be performed within 10% of the scheduled interval.
8.1.3 Maintain all MDC related equipment in good working order and maintain
proper connectivity,
8.1.4 Maintain proper insurance (see Insurance section of this RFP),
8.1.5 Provide necessary fuel, spare parts and supplies at the “Service
Provider”s expense, and
8.1.6 Provide necessary maintenance for two-way radios.
8.1.7 Notify the “Contract Manager” when adding or removing vehicles from
service under this contact.
8.1.8 Provide a maintenance facility with the proper tools and equipment
needed to safely maintain the fleet. The facility, equipment, and vehicle
records shall be available for inspection by “DAR” staff upon request.
8.2 The “Service Provider” shall provide all vehicles and, at its cost, shall ensure
that all vehicles meet the following standards:
8.2.1 Provide sufficient, safe and suitable vehicles capable of meeting all
service requirements. “Service Provider” supplied vehicles need not be
new; however, vehicles shall meet all other criteria to be suitable to
accomplish the objectives indicated.
8.2.2 The “Service Provider” shall have an adequate spare vehicle ratio and
an established procedure to provide backup vehicles immediately as
needed.
8.2.3 Each vehicle shall have functioning and adequate air-conditioning and
heating for passenger comfort. Such systems shall be maintained in
good working order.
8.2.4 Each vehicle shall have a functioning two-way radio.
8.2.5 Each vehicle shall have a functioning MDC with both Data and
Automatic Vehicle Locator (AVL) antennae intact.
8.2.6 All vehicles shall be kept in a safe and clean condition, both interior and
exterior. At a minimum, vehicle exteriors are to be thoroughly washed
no less than once per week or sooner if condition warrants cleaning.
“DAR” reserves the right to inspect vehicles before or during operation
on any day. Any vehicle failing to meet standards shall be immediately
brought up to standards or a suitable replacement put into immediate
service.
8.2.7 Vehicles shall have a minimum capacity of 3 passengers. Vehicles shall
also have sufficient cargo space for walkers, canes, 4 bags of groceries,
etc.
8.2.7.1 In addition, there shall be sufficient wheelchair accessible
vehicles provided in order to transport non-ambulatory
passengers. Non-ambulatory passengers may account for up to
1/3 of all ridership during all service hours.
8.2.8 Wheelchair accessible vehicles shall have no less than four (4)
wheelchair securements and must meet approval by “DAR” prior to use.
Securements per wheel chair space shall also contain approved lap and
shoulder belts.
8.2.9 Wheelchair securements shall be kept clean and in good repair and are
subject to inspection by City maintenance staff.
8.2.10 The “Service Provider” shall perform a daily inspection of all vehicles,
preventive and routine maintenance and timely repairs so as to minimize
vehicle down time. This shall include, but not be limited to brakes,
windshield wipers/washers, operational windows, tires, electrical
systems, and exhaust. Pre-and post-trip inspections shall be performed
consistent with U.S. Department of Transportation regulations.
8.2.11 Each vehicle shall be equipped at a minimum with an approved fire
extinguisher, emergency reflective triangles and an approved biohazard
kit.
8.2.12 All vehicles shall have company identified and include DOT and PUC
markings when appropriate.
8.2.13 Each vehicle shall be appropriately registered, licensed, and insured in
the State of Colorado and shall comply with all re-inspection
requirements. Each vehicle shall comply with all requirements of the
State of Colorado and the Front Range emission standards. All vehicles
shall be inspected periodically by “DAR”.
8.2.14 Vehicles assigned to revenue service under this contract may not be
used to perform other work at the same time (i.e. “Service Provider”
may not place clients of “DAR” with other passengers outside the scope
of this contract).
8.2.15 The “Service Provider” shall provide a current roster of all vehicles being
utilized for revenue service in the Dial-A-Ride program. This roster shall
contain a listing of ambulatory and non-ambulatory seating capacity.
The “Service Provider” shall notify “DAR” of any changes to this roster.
9 GENERAL ADMINISTRATION
The “Service Provider” is required to:
9.1 Operate the designated system according to “DAR” operating policies and
procedures,
9.2 Provide service in a manner which shall maximize safety and customer service,
9.3 Meet with “DAR” on a regularly scheduled basis to assess service performance
and discuss any operational issues. “DAR” may schedule additional meetings
as operational needs arise,
9.4 Investigate all complaints and provide “DAR” with a monthly report, “Service
Provider” shall ensure that there is no more than one (1) complaint per 1,000
revenue hours performed
9.5 Should an emergency occur within City of Fort Collins, City of Loveland,
regionally, or countywide requiring transportation of City of Fort Collins or City
of Loveland residents, it is expected that the “Service Provider” shall cooperate
with the evacuation under the command of “DAR”’ Office of Emergency
Management and direction of Transfort / Dial-A-Ride at an hourly rate.
9.6 Cooperate with any marketing activities established by “DAR” and distribute
rider service information as required.
9.7 Provide timely and priority communication to the “Contract Manager” regarding
vehicle and driver availability, schedule adherence and any other operational
issues,
9.8 Have a suitable motor pool and maintenance facility for the provision of road
services.
9.9 Comply with the rules of Liquidated Damages as outlined in the “Assessed
Liquidated Damages List and Fee Schedule”
10 COLLISION, PASSENGER INJURY AND INCIDENT REPORTING
10.1 Collision: A collision is defined to include any contact between a “Service
Provider’s” vehicle and another moving or stationary object or pedestrian while
a “DAR” client is entering, leaving or in said vehicle.
10.2 Passenger Injury: A passenger injury is defined to include any time a “DAR”
passenger is hurt or suspected of being hurt while such client is in, entering or
leaving Service Provider’s vehicle, or while the client is in the care of the
“Service Provider”, its designee or employees and/or independent contractors.
10.3 General/Bystander Injury: A general/bystander injury is defined to include any
time a person who is not a “Service Provider” employee or a “DAR” passenger
is hurt or suspected of being hurt while such person by a vehicle operated by
the “Service Provider” during revenue service.
10.4 Incident: An incident is defined to include arguments and/or unacceptable or
offensive conversations or behavior, regardless of who initiates said behavior or
conversations, or other action that does not result in any “real” or suspected
injury to a client or property.
10.5 All collisions and incidents shall be reported to “DAR” within 1 hour, by
contacting Transfort Dispatch at (970) 224-6095. Any serious incidents
resulting in injury and/or persons are transported to a hospital shall be reported
verbally to “DAR” immediately. As noted in “General Administration, Section 5”,
a complete and written report shall be submitted within 3 business days,
utilizing the Investigating Supervisor’s Collision / Injury Report” form
(Attachment D). Reports may be submitted in either electronic or hard copy
form, to “DAR” Safety, Security and Training Manager.
10.6 The “Service Provider” shall provide “DAR” with a detailed explanation of its
procedures for the following:
10.6.1 Vehicle collision/passenger injury response
10.6.2 Collision/Injury Investigation
10.6.3 Determination of Preventability
11 GENERAL RECORD KEEPING REQUIREMENTS
The “Service Provider” is required to:
11.1 Schedule rides and provide a copy of required documentation of additional trips
as per “Paratransit Operating Standards, Section 11”
11.2 Collect, reconcile, and report all fares to “DAR” (See “Revenues” section)
11.3 Recordkeeping, as well as responses to “DAR” communications, shall be
facilitated in a responsible manner. All responses to requests for information
made by “DAR” shall be submitted within 3 business days unless otherwise
specified.
11.4 The “DAR” system requires that the “Service Provider” collect and maintain
data for a variety of purposes. A major portion of the data is transferred into
reports required by the City of Fort Collins. In all cases, data shall be
maintained in an up-to-date manner and available for review upon request by
“DAR”. If reports are late or data incomplete, the payment due to the “Service
Provider” shall be withheld until such time as there is proper compliance.
12 REVENUES:
12.1 The fare system shall be determined by “DAR” and administered by the
“Service Provider” per “DAR” guidelines.
12.2 There shall be no solicitation or acceptance of tips.
12.3 Fares shall be documented on forms approved by “DAR” and the “Service
Provider” shall be accountable for all fares collected. Fare discrepancies shall
be logged by drivers thru the use of the MDC. As stated in “General
Recordkeeping Requirements”, fare-collection reports shall be submitted to
“DAR” on the next business day and shall include a detailed explanation for
any fare discrepancies.
12.4 All trips shall require a fare except for trips which qualify for funding. See “Trip
Funding Document”.
12.5 Fares shall be collected by the “Service Provider”, summarized and reported to
“DAR” on a monthly basis.
12.6 “DAR” will bill the “Service Provider” each month for all fares that were due to
be collected the previous month.
12.7 The “Service Provider” shall provide the Contract Manager with a written copy
of its administrative procedures to account for fares collected by its drivers.
12.8 The “Service Provider” shall be responsible for the sale of tokens/tickets and
collecting revenue for such sales.
12.9 No-shows, cancels at the door and late cancellations shall not qualify for
payment.
12.10 “DAR” Auditor(s) may at any time during the contract period change these
requirements as he/she deems necessary to ensure adequate controls are in
place to protect the interests of “DAR”.
13 DAILY RECORDS
13.1 The “Service Provider” shall reconcile fares on a daily basis and make these
records available to “DAR” staff upon request.
14 MONTHLY INVOICE & SUMMARY
The “Service Provider” shall record monthly the following information on “DAR”
approved reporting forms:
14.1 Supervisor’s Log to include information divided by service area:
14.1.1 Complaint feedback ID or incident ID number assigned by “DAR”
14.1.2 Report shall log each complaint, collision, incident or injury and provide a
brief description of each
14.1.3 Report shall include “Service Provider”s employee name
14.1.4 A summary of the investigation determination including the findings
14.1.5 Summary of the resolution of each complaint
14.2 By the 5
th
calendar day of each month, “DAR” shall provide the “Service
Provider” with a report of authorized charges. This report will breakout all
authorized charges for both “DAR” service and will include but is not limited to
the following:
14.2.1 Total number of individual trips, by type: ambulatory and non-
ambulatory.
14.2.2 Summary of monthly fares to be billed to “Service Provider”
14.2.2.1 Monthly invoice must subtract total fares due from the total trip
charges
14.3 “DAR” reserves the right to request that the “Service Provider” submit additional
information when necessary. For all information requests that do not have
assigned deadlines per the contract, the “Service Provider” shall respond to
requests for additional information within seven (7) calendar days.
14.4 The “Service Provider” shall not unilaterally implement company policy that
directly impacts the system’s operation or is in conflict with its contract with
“DAR” without prior discussion and approval by the “Contract Manager” or
his/her designee.
15 ASSESSED LIQUIDATED DAMAGES LIST AND FEE SCHEDULE
In an effort to comply with the Americans with Disabilities Act of 1990 (ADA) and to
provide a high level of service, “DAR” have developed the following schedule for the
assessment of liquidated damages (LD). The following rules shall apply to the
assessment of liquidated damages:
15.1 Assessing Liquidated Damages
15.1.1 Each potential LD shall be reviewed on a case by case basis prior to an
LD being assessed. As “DAR” staff recommends LD’s, the Contract
Manager shall review the alleged violations with the processes outlined
within the contract and make a final decision on whether or not an LD
shall be assessed.
15.2 Routine Audits and Checks
15.2.1 Road Services
Project Manager shall conduct random checks of road operations using
“DAR” staff to monitor trip performance. At the time of the check, “DAR”
staff member shall identify him or herself to the driver, require the driver
to sign a completed “Road Check” form and inform the driver of any LD’s
that are being recommended. The driver must comply with this process.
“Service Provider” shall respond within five days of receipt of a notice of
assessment of liquidated damages. “Service Provider” shall have an
opportunity to demonstrate to the “Contract Manager” that it made all
reasonable efforts to comply with its contractual obligations and that its
failure to comply was due to circumstances beyond the control of
“Service Provider” or any other person for whom “Service Provider” is
legally or contractually responsible. On the basis of such a
demonstration, the “Contract Manager” reserves the right to reduce or
waive the liquidated damages at issue.
15.3 Call Center
15.3.1 “Contract Manager” or designee shall perform periodic and random
checks of data accuracy, call taking processes and ADA compliance at
his/her discretion. Monitoring periods may be by in-person monitoring as
well as by requests to review “Service Provider” call recordings. In
addition, “Contract Manager” shall ask to pull records for various
accounting and performance processes as dictated by the contract.
15.4 Safety and Training
15.4.1 Records of the driver and personnel qualifications, compliance, safety
and training specifically outlined in this contract shall be audited
randomly and upon request by “DAR” Safety, Security and Training
Manager and/or “Contract Manager”. At least one hour notice shall be
given to “Service Operations Manager”. It should be understood by both
parties that State and Federal law prohibits the sharing of some
personnel information, and that information shall not be provided.
15.5 Fleet Services
15.5.1 City of Fort Collins Fleet Management shall require up to three (3)
vehicle reviews by “DAR” staff per month. Vehicle must be presented to
City fleet services crew within 24 hours of request. In addition, City Fleet
Management shall coordinate site visits of equipment and records once
per year.
15.6 Complaints and Incidents
15.6.1 In addition to random checks and audits, complaints and incidents may
initiate follow up checks and audits for compliance of contractual
obligations.
15.7 Itemized Fee Schedule
15.7.1 If multiple liquidated damages can be applied to one infraction, only the
highest value liquidated damage fee shall be applied.
CALL CENTER
Making reservation for wrong client or ineligible passenger $25
Failing to take any reservation between 8 am and 5 pm 7 days
per week
$50
Making reservation for incorrect day $50
Changing eligibility conditions on booking without authorization
from eligibility department
$50
Canceling wrong trip $50
Making reservation for location outside service area except for
trips from/to exempt clients’ home(s)
$75
Offering negotiations greater than 1h from requested time $100
Failure to honor approved vehicle type exclusion $25
Allowing or scheduling for hostage time (As defined by On
Road Operations Performance Standards)
$100
Offering same-day negotiations except if service day preceded
by non-working day
$50
Making ineligible same-day reservations $75
Failing to provide space for eligible PCA, guest or service
animal
$50
Improperly assigning a no-show $100
Hold times greater than two minutes thirty seconds $25
Failure to provide proficient Spanish speaking staff $50
Failure to follow Trip Request Script $25
Prioritizing trips by trip purpose or other demographic
measurements
$125
Making unauthorized changes to schedule $100
Unauthorized editing of trip information as provided by contract $100
Service denial $100
ROAD OPERATIONS
Driving in an unsafe/illegal manner $150
Exceeding maximum ride times $50
Missed Trip (Arrival 16 minutes or more beyond the 15 minute
window)
$75
Failure to wait required five (5) minutes $50
Arriving prior to the beginning of the window without client
request
$25
Failing to provide door to door service $50
Refusal to transport after arriving $50
Failure to properly secure mobility device $100
Failing to provide wheelchair assistance $25
Charging a customer more than the fare $100
Leaving vehicle unattended w/passenger on board except to
assist with another client
$25
Odor of tobacco smoke on vehicle $25
Transporting wrong customer $25
Picked up/dropped off at wrong address $50
On-Time Performance – If Less Than:
95% monthly basis $25
93% monthly basis $50
90% monthly basis $75
Trends shall be deemed material if there is a consistent
weekly pattern of three or more weeks in a row of on-time
violations by:
Same Hour of Day $50
Same Day of Week $50
Same Client $50
Same Driver $50
Same Scheduler/Dispatcher $50
Failure to notify of change in space type $25
Failure to notify of change in number of passengers $25
client hostage (As defined by On Road Operations
Performance Standards)
$50
Failure to comply with dress code $10
Failure to use or incorrect use of MDC $15
Use cell phone and/or blue tooth device while driving $50
FLEET SERVICES
Preventive Maintenance Inspection (PMI) – per occurrence
(Failure to perform on each vehicle within 2500 - 3500 miles
prior to PMI)
$50
Transfort Inspections – Downed vehicle/unsafe to drive $50
Transfort Inspections - Inspection follow up, failure to repair $100
Vehicle Repairs (failure to repair) $50
Vehicle Cleanliness (failure to comply) $25
Failure to turn in vehicle for inspection by requested time
within 12 hours of original requested time
$25
Incomplete or inaccurate vehicle maintenance records $50
Vehicle maintenance records not corrected following audit $100
SUPERVISION, PERSONNEL, TRAINING AND GENERAL
Failure to submit reports by required time $25
Failure to provide road supervision $100
Failure to conduct investigations to standards $100
Failure to provide follow-up, corrective or new hire training $100
Incomplete or inaccurate qualification, compliance, and drug
testing files for independent contractors and/or employees
$50
Files for employees and/or independent contractors not
corrected following audit
$100
Failure to comply with drug and alcohol testing requirements $100
16 REVIEW AND ASSESSMENT
16.1 Professional firms will be evaluated on the following criteria. These criteria will
be the basis for review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an
average rating, and 5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal show an
understanding of the project objective,
methodology to be used and results
that are desired from the project?
2.0 Assigned Personnel
Do the persons who will be working on
the project have the necessary skills?
Are sufficient people of the requisite
skills 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 Motivation
Is the firm interested and are they
capable of doing the work in the
required time frame?
3.0 Firm Capability
Does the firm have the support
capabilities the assigned personnel
require? Has the firm done previous
projects of this type and scope?
1.0
UDBE
Is the primary firm a UDBE or has the
primary firm submitted UDBE
participation that meets or exceeds
UDBE goal for the project?
16.2 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?
If Professional administered a construction contract,
was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of ( )
page and incorporated herein by this reference. Irrespective of references in Exhibit
A to certain named third parties, Professional shall be solely responsible for performance
of all duties hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B",
consisting of ( ) page , and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of
the essence. Any extensions of the time limit set forth above must be agreed upon in a
writing signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the
rates provided with written notice to the Professional mailed no later than ninety (90) days
prior to contract end.
5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall
continue in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed ( ) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget
Office will be used as a guide. Written notice of renewal shall be provided to the Service
Provider and mailed no later than ninety (90) days prior to contract end.
6. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, ($ ) as per the
attached Exhibit " ", consisting of page , and incorporated herein by this
reference.
9. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
10. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
15. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
attorney fees and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of one (1) page, attached hereto and incorporated herein by
this reference. The Service Provider before commencing services hereunder, shall
deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort
Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of ( ) pages, attached hereto and incorporated herein by this
reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
TITLE
Date:_____________________________
EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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.
EXHIBIT
FEDERAL TERMS & CONDITIONS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................................... 1
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS ................................................................................................................................... 1
3. ACCESS TO RECORDS AND REPORTS .......................................................................... 1
4. FEDERAL CHANGES ......................................................................................................... 3
5. TERMINATION .................................................................................................................... 3
6. CIVIL RIGHTS REQUIREMENTS........................................................................................ 6
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ........................................................ 7
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............... 8
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .......... 8
10. BUY AMERICA ................................................................................................................... 9
11. BREACHES AND DISPUTE RESOLUTION ..................................................................... 10
12. LOBBYING ........................................................................................................................ 11
13. CLEAN AIR ....................................................................................................................... 13
14. CLEAN WATER REQUIREMENTS ................................................................................... 13
15. ENERGY CONSERVATION REQUIREMENTS................................................................. 13
16. Conformance with ITS National Architecture ................................................................ 13
17. ADA Access ..................................................................................................................... 13
18. CITY OF FORT COLLINS BID PROTEST PROCEDURES ............................................... 14
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
Operational
Service
Contract
Turnkey Construction
Architectural
Engineering
Acquisition
of Rolling
Stock
Professional Services
I State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital Projects
None
None unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/531
1
None
None unless
non-
competitive
award
None
None unless
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
5. TERMINATION
A. Termination for Convenience (General Provision) The (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it
is in the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner
the (Recipient) directs.
B. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract,
the (Recipient) may terminate this contract for default. Termination shall be effected
by serving a notice of termination on the contractor setting forth the manner in which
the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner
of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or
are beyond the control of the Contractor, the (Recipient), after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may,
in the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt
by Contractor of written notice from (Recipient) setting forth the nature of said breach
or default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor
and its sureties for said breach or default.
D. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
E. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
F. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
G. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the (Recipient).
H. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within
this time, or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. In this event, the Recipient may take over the work and compete it by contract
or otherwise, and may take possession of and use any materials, appliances, and
plant on the work site necessary for completing the work. The Contractor and its
sureties shall be liable for any damage to the Recipient resulting from the Contractor's
refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any
increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
causes include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient),
the delay is excusable, the time for completing the work shall be extended. The
judgment of the (Recipient) shall be final and conclusive on the parties, but subject
to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued for the
convenience of the Recipient.
I. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature, extent, and effective date of the termination. Upon
receipt of the notice, the Contractor shall (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer
all data, drawings, specifications, reports, estimates, summaries, and other information
and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
J. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on
the Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to
the Contractor by the (Recipient). If the termination is for default, the (Recipient) may
fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to
the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the (Recipient) and the parties shall negotiate
the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is __ %. A separate contract goal [of __ % DBE participation has]
[has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
c. {If a separate contract goal has been established, use the following}
Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53. Award of this contract is conditioned on submission of the following
[concurrent with and accompanying sealed bid] [concurrent with and
accompanying an initial proposal] [prior to award]:
1. The names and addresses of DBE firms that will participate in this
contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as
provided in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerors] must present the information required above [as a matter of
responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR
26.53(3)).
{If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
[the contractor may not hold retainage from its subcontractors.] [is required to
return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.] [is
required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor’s work by the City of
Fort Collins and contractor’s receipt of the partial retainage payment related to
the subcontractor’s work.]
e. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31
U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification
from that person, or (c) Adding a clause or condition to the contract or
subcontract. This represents a change from prior practice in that certification
is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions
also must require the entities they contract with to comply with 49 CFR 29,
subpart C and include this requirement in their own subsequent covered
transactions (i.e., the requirement flows down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert
agency name}. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to {insert agency name}, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA-funded projects are produced in the United States, unless a waiver
has been granted by FTA or the product is subject to a general waiver. General waivers
are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, and
microcomputer equipment and software. Separate requirements for rolling stock are set
out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in
the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification (below) with all bids or offers on FTA-funded contracts, except those subject to
a general waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to lower
tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date ___________________________________________________________________
Signature ________________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certification requirement for procurement of buses, other rolling stock and
associated equipment
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to
49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
11. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
City's [title of employee]. This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes
a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor
and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees,
agents or others for whose acts he is legally liable, a claim for damages therefor shall be
made in writing to such other party within a reasonable time after the first observance of
such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the City and the Contractor arising out of or relating
to this agreement or its breach will be decided by arbitration if the parties mutually agree,
or in a court of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any
right or duty afforded any of them under the Contract, nor shall any such action or failure
to act constitute an approval of or acquiescence in any breach thereunder, except as may
be specifically agreed in writing.
12. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part
20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf
with non-Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted
with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be
codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq.,
apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
13. CLEAN AIR
Clean Air –
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
14. CLEAN WATER REQUIREMENTS
Clean Water –
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
15. 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.
16. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
To the extent applicable, the Contractor agrees to conform to the National Intelligent
Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §
5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, “FTA National ITS
Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and
any other implementing directives FTA may issue at a later date, except to the extent FTA
determines otherwise in writing.
17. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
18. 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.
non-
competitive
award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)