HomeMy WebLinkAbout13590
RESOLUTION NO. 13590
A RESOLUTION APPROVING A CONTRACT FOR SPECIALIZED
TRANSPORTATION SERVICE, (RFP-16-052) TO MV PUBLIC
TRANSPORTION INC
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The contract for January 1, 2017 – December 31, 2019 Specialized Transportation Service
(RFP-16-052) awarded to MV Public Transportation, Inc. is hereby approved. Compensation for
subsequent calendar years will be subject to cost negotiations and City Council annual
appropriations.
SECTION 2.
The Lease Agreement for vehicles to provide paratransit services a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby approved, and
the President of the City Council is authorized to execute same in the name of the City.
SECTION 3.
Funds for said project shall be paid from the 550-75-7540-00 53003 Pueblo Transit Citi-
Lift fund.
SECTION 4.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED: December 27, 2016
BY: Robert Schilling
City Clerk’s Office Item # Q-4
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
December 27, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Brenda Broyles, Director, Pueblo Transit Department
SUBJECT: A RESOLUTION APPROVING A CONTRACT FOR SPECIALIZED
TRANSPORTATION SERVICE, (RFP 16-052) TO MV PUBLIC
TRANSPORTATION INC
SUMMARY:
City Council to approve the awarding of the service contract for Specialized Transportation
Services known as Citi-Lift for the period of January 1, 2017 through December 31, 2019 to MV
Public Transportation Inc.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
After reviewing the proposal submitted for the provision of the Citi-Lift paratransit services, the
Pueblo Transit Board of Directors determined that the proposal submitted by MV Public
Transportation, Inc. of Fairfield, CA was responsive and responsible.
FINANCIAL IMPLICATIONS:
The contract cost for Pueblo Transit will be as follows:
First Contract Period (Jan. 1, 2017 - Dec. 31, 2017) $830,849
Second Contract Period (Jan. 1, 2018 - Dec. 31, 2018) $851,620
Third Contract Period (Jan. 1, 2019 - Dec. 31, 2019) $872,911
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Service Contract
Vehicle Lease Agreement
PROFESSIONAL SERVICES CONTRACT
FOR CITI-LIFT PARATRANSIT SERVICES BETWEEN PUEBLO TRANSIT,A NON-PROFIT
CORPORATION AND MV TRANSPORTATION,INC.
THIS Contract, made and entered into this 1st day of January 2017,by and between the Pueblo Transit of
Pueblo/Pueblo Transit, with principal offices at 350 Alan Hamel Avenue, Pueblo, Colorado 81003
(hereinafter referred to as Pueblo Transit),and MV Public Transportation, Inc. a California Corporation,
authorized to do business in the State of Colorado,with principal offices located at 5910 N. Central
Expressway, Suite#1145, Dallas,TX 75206(hereinafter referred to as Contractor).
WITNESSETH:
WHEREAS, Pueblo Transit has determined a need for complementary paratransit services(hereinafter
referred to as Citi-Lift)to accommodate persons with disabilities and meet federal statutory requirements;
and,
WHEREAS,Pueblo Transit invited proposals for said services and determined that the Contractor was the
most responsible bidder,and;
WHEREAS,Pueblo Transit and Contractor desire to enter into a Contract whereby Contractor is to furnish
Pueblo Transit's requirements of Citi-Lift service from January 1,2017 through December 31,2019 as
escribed herein;
NOW,THEREFORE, in consideration of the mutual promises,covenants and obligations hereinafter
provided, it is mutually agreed between the parties as follows:
Procurement
For and in consideration of the compensation hereinafter set forth, Contractor shall provide the Scope of
Services in accordance with the provisions,terms and conditions of this Contract,related addenda and
appendices. In the event of any inconsistency or conflict between any of the documents attached to this
Contract,the terms of the Contract shall govern.
Scope Of Services
Contractor shall,upon receipt of Pueblo Transit's notice to proceed,perform all work necessary to
complete in a manner satisfactory to Pueblo Transit,the services set forth, described and referenced in
Appendix A: Scope of Services,attached hereto and by this reference incorporated herein and made a part
hereof. (Scope of Services")
Time Of Performance
The services to be performed under this Contract shall be for the period commencing January 1, 2017,and
continuing through December 31,2019. Any provision of this Contract or its attachments, or any renewal
or extension permitted under same,which imposes or may impose upon Pueblo Transit, directly or
indirectly,any financial obligation whatsoever to be performed or which may be performed in any fiscal
year subsequent to the original year of execution of the Contract is expressly made contingent upon and
subject to funds for such financial obligation being lawfully appropriated,budgeted and otherwise made
available to Pueblo Transit. In addition, in the event Pueblo Transit is reasonably dissatisfied with
Contractor's service for any reason during the term of the contract and Contractor fails to cure any such
reasons for Pueblo Transit's dissatisfaction within ten(10)days, Pueblo Transit may terminate the Contract
upon thirty(30)days' prior written notice to Contractor. In the event the contract is so terminated,
Contractor will refund Pueblo Transit,any and all profits made by Contractor during the final 12 months
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during the period prior to the termination. Contractor shall immediately notify Pueblo Transit in the event
that it sells a majority of the outstanding common shares of the corporation during the term of this Contract,
or during any extension thereof.
Subject to the parties' agreement on compensation, Pueblo Transit shall have the option to extend this
Contract upon the same terms and conditions and any adjustments to compensation for two additional one-
year periods, with first the option year commencing on January 1, 2020 and ending on December 31,2020,
and the second option year commencing on January 1,2021 and ending on December 31,2021.
Independent Contractor
Contractor's relationship to Pueblo Transit in the performance of this Contract is purely contractual and is
that of an independent contractor. Contractor's employees performing services under this Contract shall at
all times be under Contractor's exclusive direction and control and shall be Contractor's employees in
connection with this Contract and Contractor shall be responsible for all reports and obligations respecting
them, including but not limited to social security, income tax withholding,unemployment compensation,
worker's compensation insurance and similar matters, and shall indemnity and hold Pueblo Transit and the
City of Pueblo harmless therefrom.
Compensation And Method Of Payment
Pueblo Transit will pay Contractor in full compensation for all services performed by Contractor in
accordance with the terms and conditions of this Contract, Scope of Services, all attached appendices, and
Contractor's proposal,the maximum amount as following:
(A) $830,849 for the period from January 1, 2017 through December 31, 2017.
(B) $851,620 for the period from January 1, 2018 through December 31,2018.
(C) $872,911 for the period from January 1,2019 through December 31,2019
Compensation payable in each calendar year shall be paid in equal monthly installments during such
calendar year.
If an increase in vehicle revenue hours exceeds 22,200 hours,the compensation for each additional revenue
hour should be as follows:
January 1,2017 through December 31,2017: $25.69
January 1, 2018 through December 31,2018: $26.90
January 1, 2019 through December 31,2019: $27.82
The Contractor shall manage the number of vehicles placed into service to achieve or exceed Pueblo
Transit's performance standard of 2.5 one-way passenger trips per vehicle revenue hour and to comply with
Pueblo Transit's intent that there be no denials of ADA service requests while operating within the vehicle
revenue hour levels indicated in the proposal. On a monthly basis,the Contractor may not exceed the
specified service levels without prior written approval from the Director of Transit.
On or before the fifteenth day of each month, Contractor shall submit an invoice for service provided
during the preceding calendar month.
Pueblo Transit shall not accept Contractor's invoice until Pueblo Transit receives all daily,monthly,and
annual occurrence reports that are required of Contractor, in proper form.
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Pueblo Transit shall make payment within thirty(30) days following the acceptance of Contractor's
invoice. In the event Pueblo Transit requires additional documentation from Contractor, or requires
additional time to investigate services,Contractor shall be notified in writing as to that effect and any
remedies requested of Contractor.
If Pueblo Transit disputes all or part of Contractor's invoice for reasonable cause, it may withhold payment
until such disputes are resolved and Contractor shall continue to furnish and provide the Scope of Services.
Pueblo Transit shall deduct from Contractor monthly invoice the amount that have been assessed by Pueblo
Transit against contractor,as liquidate damages.
Performance Standards/Liquidated Damages
Contractor specifically acknowledges that Pueblo Transit has established performance standards for Citi-
Lift service.
Pueblo Transit shall assess Contractor's performance and may impose liquidated damages for services
performed below the performance standards identified in Appendix A: Scope of Services. Liquidated
damages shall be applied according to the schedule contained in Attachment I: Liquidated Damages.
Pueblo Transit shall have the right to modify Citi-Lift performance Standards at any time to accommodate
passenger needs. In such event, Pueblo Transit shall notify Contractor of changes at least thirty(30)days
prior to the effective date of such changes. If such changes require additional expenditures by Contractor,
Contractor and Pueblo Transit shall in good faith negotiate an adjustment in the monthly compensation
based upon Contractor's documented additional expenditures. Any such change shall be incorporated in a
written instrument signed by both parties and affixed to this Contract as an addendum. If Contractor and
Pueblo Transit are unable to negotiate a mutually acceptable adjustment to the monthly compensation after
good faith negotiations,either party may terminate this Contract by giving to the other party sixty(60)days
prior written notice specifying the date of termination.
Pueblo Transit may waive the liquidated damages where circumstances are clearly beyond the control of
the Contractor.
Inspection and Audit Of Records
Pueblo Transit has the right to monitor and periodically audit Contractor's fare collection,revenue control
complaint processing and reporting procedures without notice. Pueblo Transit shall have the right to
monitor Contractor's employees and procedures,review all reports, driver manifests,dispatch logs and
related items at any time during the Contract period.
Contractor shall maintain complete and accurate separate books of account and records of its business
operations under and in connection with this Contract during the term of this Contract and for a minimum
period of three(3)years after completion of the Contract. Such books of account and records shall be kept
in accordance with generally accepted accounting practices and principles and kept intact and readily
accessible.
Contractor shall permit Pueblo Transit,the City of Pueblo,the U.S. Secretary of Transportation and the
Comptroller of the United States,or their authorized representatives to inspect all work, services, payrolls,
and other data and to audit the books,records and accounts of Contractor pertaining to this Contract.
All reports furnished by Contractor in accordance with this Contract shall be certified by an officer of
Contractor. Reports shall be correct and in accordance with Contractor's books of account and records.
Contractor shall provide monthly to Pueblo Transit a report of Citi-Lift operations including vehicles miles
of travel, passengers count,and other information per Appendix A. Within ninety(90)days following the
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end of a Contract year, a report certified by Contractor's independent certified public account that the
information and reports furnished by Contractor to Pueblo Transit have been maintained and furnished in
accordance with Contractor's books of accounts and records and in accordance with the requirements of
this Contract.
Contract Changes
Pueblo Transit reserves the sole and absolute right to make changes in Citi-Lift service from time to time as
dictated by Pueblo Transit's needs or Federal Transit Administration regulations. If such changes require
additional expenditures,Contractor and Pueblo Transit shall in good faith negotiate an adjustment in the
monthly rate. Any such change shall require that this Contract be modified in writing and executed by the
duly authorized representative of Pueblo Transit and Contractor.
Disputes
Any claim or dispute concerning questions of fact or law arising out of or relating to this Contract, its
performance or alleged breach,which is not disposed of by agreement of the parties, shall be decided by
Pueblo Transit's Board of Directors who shall render a decision in writing on the issues in dispute and mail
or otherwise furnish a copy thereof to Contractor. The decision of the Board of Directors shall be final and
binding on Contractor and Pueblo Transit. Contractor agrees to proceed in a manner consistent with the
decision(s)of Pueblo Transit's Board of Directors.
Termination
Default
Pueblo Transit may terminate this Contract upon thirty(30)days prior written notice to Contractor in any
of the following circumstances:
If Contractor fails to provide the services required by this Contract within the time(s)specified herein; or if
Contractor fails to perform any other provision of this Contract and does not cure to Pueblo Transit's
satisfaction such failure or breach within a period of ten(10)days after written notice from Pueblo Transit
specifying such failure.
In the event of termination under this subparagraph, Pueblo Transit shall have the right to procure,on such
terms and in such manner as it deems appropriate,services similar to those terminated and to recover from
Contractor the excess cost for such similar services. Pueblo Transit's rights under this subparagraph shall
be in addition to any other rights provided by law or this Contract.
Convenience
Pueblo Transit may terminate this Contract without cause upon ninety(90)days prior written notice to
Contractor. In such event,Contractor shall provide the services to the effective date of termination,and
Pueblo Transit shall make pro-rata payment in accordance with applicable provisions of this CONTRACT
for the service provided prior to the effective date of termination.
Bankruptcy or Insolvency
Pueblo Transit shall have the right to immediately terminate this Contract,without further cost or liability,
in the event of the occurrence of any of the following: insolvency of Contractor;the institution of a
voluntary or involuntary bankruptcy proceeding by or against Contractor;assignment by Contractor for the
benefit of creditors; or the appointment of a receiver or trustee to manage the property of Contractor.
Termination Due to Unavailability of Funds in Succeeding Fiscal Years
When funds are not appropriated or not otherwise made available to Pueblo Transit to support continuation
of performance and payment under this Contract in a subsequent fiscal year,the Contract shall terminate
and cancel on the first day of such fiscal year.
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Waiver
Contractor and Pueblo Transit agree that in no event shall the making or receipt of any payment under this
Contract constitute or be construed as a waiver by one party of any breach of covenant or default on the
part of the other party which may then exist.The making or receipt of any payment under this Contract
while any such breach or default exists, shall in no way impair or prejudice any right or remedy available to
a party in respect to such breach or default. The remedies available to the parties under this Contract are,
unless indicated otherwise herein, cumulative and not exclusive. The waiver or exercise of any remedy
shall not be construed as a waiver of any other remedy available hereunder or general principles of law or
equity.
Assignment
Contractor may not assign or sublet this Contract or any provisions herein.
Indemnity
Contractor hereby agrees to protect,defend, indemnify and hold harmless Pueblo Transit and the City of
Pueblo and their respective directors,officers,agents and employees, from and against any and all claims,
suits, actions for loss damages, cost and expense(including attorneys' fees)caused by or arising in any way
from Contractor's activities or actions under this Contract. Such actions of Contractor shall include but not
be limited to:
Any infringement or claim of infringement of patents,trademarks or copyrights in the use or resale of any
articles covered by this Contract,unless said materials or articles are made specifically to Pueblo Transit's
design or method.
Failure by Contractor to comply with all applicable federal and state laws and regulations enacted now or to
be enacted in the future pertaining to the services,material or articles to be ordered and labor expended
under this Contract.
All claims, suits,actions,costs,counsel fees, expenses, damages,judgments or decrees arising from
personal injury,death or property damage.
Any and all loss incurred by illegal use or distribution of transfers by unauthorized persons in Contractor's
organization.
Contractor agrees promptly to notify Pueblo Transit in writing of the assertion of any such claim,suit or
action in which Pueblo Transit is named or threatened to be named a defendant.
Equal Employment Opportunity
Contractor agrees to comply with all applicable federal and state laws and regulations promulgated
thereunder. Contractor shall not discriminate against any employee or applicant for employment because
of race,color,creed, sex,age, disability or national origin. Contractor shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment without regard to
their race, color,creed, sex,age,disability or national origin. Such action shall include,but not be limited
to,the following: Employment,upgrading,demotion or transfer; recruitment or recruitment advertising;
lay-off or termination;rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
Compliance with Regulations
Contractor shall comply with federal and state regulations relative to non-discrimination cited above,which
are herein incorporated by reference and made a part of this Contract. In the event of Contractor's non-
compliance with the provisions of this Equal Employment Opportunity clause,Contractor may be declared
ineligible for future contracts or subcontracts with Pueblo Transit,and the Contract may be canceled or
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voided in whole or in part,and such other sanctions or penalties may be imposed or remedies invoked as
provided by the statute or regulation.
Non-discrimination
With regard to the work performed during the Contract,Contractor shall not discriminate on the grounds of
race,color,creed, sex, age,disability or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. Contractor shall not participate either directly
or indirectly in the discrimination prohibited by the statute and regulations referenced herein.
Solicitations for Subcontractors,Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for subcontract
work to be performed, including procurement of materials or leases of equipment,each potential
subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this
contract and the laws and regulations relative to non-discrimination on the grounds of race,color,creed,
sex, age,disability or national origin.
Information and Reports
Contractor shall provide all information and reports required by regulations or directives issued pursuant
thereto, and shall permit access to its books, records, accounts,other sources of information and its
facilities as may be determined by Pueblo Transit to ascertain compliance with such regulations,orders and
instructions. Where any information required of Contractor is in the exclusive possession of another who
fails or refuses to furnish this information, Contractor shall so certify to Pueblo Transit and shall set forth
what efforts it has made to obtain the information.
Incorporation of Provisions
Contractor shall include the above Equal Employment and Non-Discrimination provisions in every
subcontract, including procurement of materials and leases of equipment,unless exempt by regulation or
directive issued pursuant thereto. Contractor shall take action with respect to any subcontract or
procurement as Pueblo Transit may direct as a means of enforcing such provisions, including sanctions for
non-compliance,provided however,that in the event Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction,Contractor may request Pueblo
Transit to enter into such litigation to protect the interests of Pueblo Transit,and, in addition, Contractor
may request the United States to enter into such litigation to protect the interests of the United States.
Disadvantaged Business Enterprises
It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises(DBE)as
defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds under this Contract. Consequently the DBE
requirements of 49 CFR Part 23,as amended or superseded, applies to this CONTRACT.
Contractor shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the
maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or
in part with Federal funds provided under this Contract. Contractor and its contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts. Contractor and its
subcontractors shall not discriminate on the basis of race, color, creed,sex, age,disability or national origin
in the award and performance of federally assisted contracts.
Contractor shall include the provisions of this section in every subcontract, including procurement of
materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a
breach of contract and may result in termination of the contract or such remedy as deemed appropriate.
Conflict of Interest
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Under no circumstances shall a member or delegate to the Congress of the United States, or a member or
officer or employee of the State of Colorado or Pueblo Transit during his/her tenure and for one year
thereafter,be permitted to participate in any share of this Contract or to any benefits therefrom.
Elected or appointed federal,state and local officials who are employees, officers,shareholder or owners of
a firm may participate in the award of,or performance of this Contract or any subcontract resulting from
this Contract provided that: (a)The subcontract or purchase agreement is made pursuant to an award made
after disclosure by the governmental official of the nature of the interest; (b)The award is made pursuant to
Pueblo Transit approval; and,(c)The award is the low responsive and responsible bid.
Contractor agrees that none of its officers,employees or agents, by reason of this Contract, is or was
authorized to hold themselves out or claim to be officers, employees or agents of the State of Colorado or
Pueblo Transit,and that none of them is permitted by Contractor,by reason of this Contract,to make any
claim, demand or application to or for any right of privileges concerning workmen's compensation and
occupational diseases coverage, unemployment compensation benefits, Social Security coverage or
retirement membership or credit.
Notices
Any notice or order provided for in this Contract shall be considered as having been given to Pueblo
Transit if hand delivered or mailed by certified mail, postage prepaid to:
Brenda Broyles,Director
Pueblo Transit
350 Alan Hamel Avenue
Pueblo,Colorado 81003
To Contractor if mailed by certified mail,postage prepaid to:
MV Transportation
Attn: Legal Department
5910 N.Central expressway,Suite#1145
Dallas,TX 75206
Choice Of Law
This Contract shall be construed and interpreted in accordance with the laws of the State of Colorado. In
the event of a litigation arising under this contract,the Court shall award the prevailing party its cost and
expenses, including reasonable attorney fees. Venue for such litigation shall be Pueblo County, Colorado.
Insurance
The Contractor shall indemnify,defend and hold harmless Pueblo Transit and the City of Pueblo and its
respective officers,agents,employees,and business visitors from any and all claims of damage to property
or injury to person which may arise from the performance or services under this Contract. Prior to
commencing work,Contractor shall furnish a Certificate of Insurance showing the following minimum
limit of insurance coverage.
WORKER'S COMPENSATION -Statutory limits required by State law.
EMPLOYERS'LIABILITY -$500,000 minimum limit.
COMMERCIAL GENERAL LIABILITY- $1,000,000
Bodily Injury and Property Damage (Combined Single Limit)
COMPREHENSIVE AUTOMOBILE LIABILITY- $1,000,000
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Bodily Injury and Property Damage(Combined Single Limit)
The Certificate of Insurance shall name Pueblo Transit and the City of Pueblo as Additional Insurers on all
policies covered by the Certificate as to work performed for or on behalf of Pueblo Transit, services
provided to or rendered on behalf of Pueblo Transit,or goods delivered to Pueblo Transit. Liability
policies may be arranged under individual policies for the full limits required or by a combination of
underlying policies with the balance provided by an Umbrella Liability Policy. The above-described
liability insurance shall be written on an Occurrence basis.
Commercial General Liability coverage shall include Premise/Operations; Dependent Contractors;
Products/Completed Operations; Personal Injury, Broad Form Property Damage including Completed
Operations and Contractual Coverage.
All insurance companies providing the required coverage must be at least "A" rated by A.M. Best and
licensed to conduct business in the State of Colorado. Additionally,all certificates furnished must contain
a statement that Pueblo Transit will receive thirty(30)days advance notice of any policy cancellation other
than cancellation for non-payment of premium;or ten(10)days advance notice for policy cancellation due
to non-payment of premium.
Inspection Of Records
If the services to be performed hereunder relate to a federal or state government grant,the U. S. Department
of Transportation,Colorado Department of Transportation,the Comptroller General of the United States,
the City of Pueblo and Pueblo Transit,or any of their duly authorized representatives, shall have the right
to examine directly pertinent books, documents, papers and records of Contractor involving transactions
related to this Contract. Such right shall continue for three(3)years following the final payment made by
Pueblo Transit under this Contract.
Permitted Business
Contractor shall be authorized to do business in the State of Colorado and the City of Pueblo. Contractor,
at its own expense,shall obtain and maintain all necessary licenses and permits in order to enable it to
operate within these jurisdictions. Contractor shall furnish Pueblo Transit with evidence of compliance
with the provisions of this paragraph.
Subcontract and/or Third Party Contracts
Contractor shall not enter into any contracts or agreements that may impact the provision of services under
this Contract without prior written consent of Pueblo Transit. Contractor shall be solely responsible for all
legal and financial responsibilities relating to execution of contracts or third party agreements.
Contractor's Warranties
Contractor hereby warrants that it has taken all corporate actions necessary to authorize it to enter into this
Contract. Contractor warrants that there is no provision of its charter, and to its knowledge no law,
ordinance or regulation,which prohibits Contractor from entering into or performing this Contract or which
renders unenforceable against Contractor any provision of this Contract. Upon execution of this Contract,
Contractor will deliver to Pueblo Transit an opinion of counsel, acceptable to Pueblo Transit,that this
Contract is legally binding upon Contractor. Pueblo Transit shall furnish to the Contractor a certified copy
of the City Council resolution authorizing the execution of this Contract.
Non-Collusion
Contractor warrants that it has not paid and agrees not to pay any bonus,commission, fee,or gratuity to any
employee or official of the City of Pueblo or Pueblo Transit for the purposes of obtaining their approval of
the Contractor's proposal or actions pursuant to this Contract. No director, officer,agent,or employee of
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the City of Pueblo or Pueblo Transit shall be admitted to any share or part of this Contract or to any direct
benefit arising therefrom.
Ethics
Contractor shall maintain a written code or standard of conduct that shall govern the performance of its
officers,employees or agents engaged in the administration of this Contract.
Bribery
Contractor certifies that: (a) It has not committed bribery or attempted to bribe an officer or employee of
the City of Pueblo or Pueblo Transit;(b)It has not made an admission of guilt of such conduct which is a
matter or record;and,(c)It does not have an official, agent or employee who has committed bribery or
attempted bribery on its behalf pursuant to the direction or authorization of a responsible official of
Contractor. The Contractor, its employees and agents shall not lobby any political representation with
respect to this contract or the Citi-Lift services.
Force Majeure
Pueblo Transit shall not be liable to Contractor for any failure, delay, or interruption of Citi-Lift service, or
for any failure or delay in the performance of any obligation under this CONTRACT due to strikes,
walkouts, acts of God,government restrictions,enemy action,civil commotion,unavoidable casualty,
unavailability of fuel or parts, unavailability of funding,or other similar acts beyond reasonable control of
Pueblo Transit.
State imposed illegal alien provision
(a) At or prior to the time for execution of the contract documents and submission of required
bonds,if any,Contractor shall submit to the Purchasing Agent of the City its certification that it does not
knowingly employ or contract with an illegal alien and that the Contractor has participated or attempted to
participate in the"Basic Pilot Program"created in Public Law 208, 104th Congress, as amended and
expanded in Public law 156, 108th Congress,as amended,that is administered by the United States
Department of Homeland Security.
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this
contract;
(II) Enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract.
(c) The following state-imposed requirements apply to this contract:
(I) The Contractor shall have verified or attempted to verify through participation in
the Basic Pilot Program that the Contractor does not employ any illegal aliens and,
if the Contractor is not accepted into the Basic Pilot Program prior to entering into
this contract,that the Contractor shall apply to participate in the Basic Pilot
Program every three months until the Contractor is accepted or this Contract has
been fully completed,whichever occurs earlier. This provision shall not be
required or effective if the Basic Pilot Program is discontinued.
(II) The Contractor is prohibited from using the Basic Pilot Program procedures to
undertake preemployment screening of job applicants while this Contract is being
performed.
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(IIl) If the Contractor obtains actual knowledge that a subcontractor performing work
under this contract knowingly employs or contracts with an illegal alien,the
Contractor shall be required to:
A. Notify the subcontractor and the Engineer within three(3)days that the
Contractor has received such knowledge; and
B. Terminate the subcontract with the subcontractor if within three(3)days of
receiving the notice required pursuant to subparagraph(c)(III)A. above the
subcontractor does not stop employing or contracting with the illegal alien;
except that the Contractor shall not terminate the contract with the
subcontractor if, during such three(3)days,the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
(IV) The Contractor is required to comply with any reasonable request by the Colorado
Department of Labor and Employment(hereinafter referred to as"CDLE")made
in the course of an investigation that CDLE is undertaking pursuant to its authority
under§8-17.5-102(5),C.R.S.
(d) Violation of this Section 3.69 by the Contractor shall constitute a breach of contract and
grounds for termination. In the event of such termination,the Contractor shall be liable for
City's actual and consequential damages.
Collective Bargaining Agreement
If Contractor enters into a collective bargaining agreement with Amalgamated Transit Union or any other
union with respect to its employees performing the Scope of Services,the wages and other benefits payable
thereunder shall be the sole responsibility of Contractor and shall not give rise to or constitute grounds to
increase Contractor's compensation hereunder.
Entire Agreement
This Contract,together with appendices hereto and documents incorporated herein by reference,constitute
the entire agreement between Pueblo Transit and Contractor, and supersedes any and all prior written or
oral agreements or understandings, and may be modified only by a writing executed by both Pueblo Transit
and Contractor and shall be interpreted and enforced in accordance with Colorado Law.
Binding Effect
This contract shall be binding upon and inure to the benefit of Pueblo Transit and Contractor and their
respective successors.
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 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.
No Federal Government Obligation To Third Parties
Pueblo Transit 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
10
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 Pueblo Transit,Contractor,or any other party
(whether or not a party to that contract)pertaining to any matter resulting from the underlying contract.
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.
Program Fraud And False or Fraudulent Statements and Related Acts
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.
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 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.
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.
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 4220.1 D,dated April 15, 1996, 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 City of Pueblo or Pueblo Transit requests
which would cause Contractor to be in violation of the FTA terms and conditions.
Charter Bus Requirements
The Contractor agrees to comply with 49 U.S.C. 5323(d)and 49 CFR Part 604,which provides that
recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally
funded equipment or facilities if there is at least one private charter operator willing and able to provide the
service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of
the exceptions must be"incidental," i.e., it must not interfere with or detract from the provision of mass
transportation.
11
School Bus Requirements
Pursuant to 69 U.S.C.5323(f)and 49 CFR Part 605,recipients and subrecipients of FTA assistance may not
engage in school bus operations exclusively for the transportation of students and school personnel in
competition with private school bus operators unless qualified under specified exemptions. When
operating exclusive school bus service under an allowable exemption,recipients and subrecipients may not
use federally funded equipment,vehicles,or facilities.
IN WITNESS WHEREOF,Pueblo Transit and Contractor have executed this Contract as of the date first
above written.
Pueblo Transit
By:
Title: Pueblo Transit PRESIDENT
Contrac
By: ' o
��izti
Title: C t-d
12
ATTACHMENT A
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS
The undersigned duly authorized official of the proposer certifies to the best of its knowledge and belief,
that it and its principals:
A. Are not presently debarred,suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain or performing a public(federal, state or local)transaction or contract under
a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft,
forgery, bribery, falsification or destruction of records,making false statements or receiving stolen
property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal,state of local)with commission of any of the offenses enumerated in paragraph(B)of this
certification;and
D. Have not within a three-year period preceding this application/proposal had one or more public
transactions(federal,state or local)terminated for cause or default.
E. Are not on the Comptroller General's List of Ineligible Bidders or any similar list maintained by
any other governmental entity.
Where the proposer is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
Check One: I DO CERTIFY()() I DO NOT CERTIFY( )
::ture:
ic;�
Title: CPO
13
ATTACHMENT B
NON-COLLUSION AFFIDAVIT
The undersigned duly authorized official of the proposer hereby certifies,to the best of her/his knowledge
and belief,that:
That I am an officer or employee of the MO 191b1t Ti/au►spotirAfibrt (proposing entity)having the
authority to sign on the behalf of the corporation; and, / L
That the prices in the attached proposal were arrived at independently by Mtj Phi(C.Wail5p0/moi
(proposing entity)without collusion, consultation,communication,or any agreement, for the purpose of
restricting competition as to any matter relating to such prices with any other proposer or with any other
competitor regarding an understanding,or planned common course of action with any other vendor of
materials, supplies, equipment, or service described in the RFP designed to limit independent proposals or
competition; and
That unless otherwise r quired by law,the c stents and prices contained in the proposal have not been
communicated by MI)Vub11G T ,p,u(proposing entity)or its employees or agents to any person
not an employee or agent of J J is Tvr pr /-incl(proposing entity), or its surety on any bond
furnished with the proposal, and will not be communicated to any such person prior to the official opening
of the proposal; and,
That I have fully informed myself regarding the accuracy of the statements made in this affidavit.
Proposer: fot) 101 lc 1(tfi pt 1 +1 011, ii4C
Signature:
Title: lam")
Date: 11 111
1-7
14
ATTACHMENT C
RESTRICTIONS ON LOBBYING CERTIFICATION
Pursuant to United States Public Law 101-121, Section 319,the undersigned duly authorized official of the
proposer hereby certifies,to the best of her/his knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for the purpose of influencing or attempting to influence 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 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.
If any funds other than Federal appropriated funds have been paid or will be paid to any person or agency
for influencing or attempting to influence 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 a Standard
Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
The undersigned duly authorized official shall require and ensure that the language of this certification be
included in any award documents for subcontracts,grants, loans,and cooperative agreements, and that all
subcontractors shall so 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. The submission of this Certification is a prerequisite for making or entering into
this transaction, imposed by Title 31 USC Section 1352. Any proposer(person)who fails to file the
required certification shall be subject to a civil penalty of not less than ten thousand dollars($10,000) and
not more than one hundred thousand dollars($100,000)for each such failure to file.
Proposer: MO hi, IAA 61)04a.11 an, Ill[
Signature:
Title: CPO
Date: II
15
ATTACHMENT D
Application for City of Pueblo
ADA Service
(Provided ONLY as a SAMPLE—DOES NOT NEED TO BE INCLUDED IN THE SUBMITTAL)
APPLICANTS:All questions must be filled out COMPLETELY. Please read the instructions carefully.
SIGN and DATE this application.
For the following questions, please print your answers legibly.
Name:
(Last) (First)
Home Address:
(Street) (City) (Zip Code)
Mailing Address, if different:
(Address) (City) (Zip Code)
Daytime Phone: Evening Phone:
TDD(telephone for people with hearing impairments) Yes No
Date of Birth: (optional)
]. A. Describe the disability or condition which you believe may make you eligible for ADA
Service.
B. Identify all relevant information and attach any appropriate documentation to this application.
(Use extra pages if you need to.) It would be helpful if you include the name and contact information for
an agency or professional that can verify your functional ability.
16
ATTACHMENT D
2. What is the expected duration of this condition?:
3. Please list four locations you travel to most often,how often you go there, and how you currently
get there.
Destination How Often Means of Transportation
Location/Address:
Location/Address:
Location/Address:
4. A. What mobility aid or equipment do you use when you travel? (Check all that apply)
Wheelchair Walker Portable oxygen Picture or Alphabet Board
White Cane Leg Braces Service Animal (what kind?)
Other:
B. If you use a wheelchair, is it: Manual Power Scooter
What is the combined weight of you and your wheelchair?
Under 600 pounds 600 pounds or more
Please provide us with the approximate dimensions or make and model of your wheelchair:
Length: In. Width: In.
Make/Model:
5. A. Can you walk or wheel,without assistance,to the curb in front of your house?
Yes No
B. If yes,what additional distance can you travel:
Along a flat sidewalk
Uphill
Downhill
17
ATTACHMENT D
6. A. Are there any physical or terrain barriers that prevent you from getting to or from an
existing fixed service bus stop?
Yes No
B. If yes, please describe what type of barriers you face and how they prevent you from
reaching the bus stop.
When you travel,do you need a personal care attendant's help?
Yes No
Are you able to ask the driver for assistance?
Yes No
7. A. Can you grasp railings to get on and off the bus?
Yes No
Can you pull cords,or push the bell strip in order to let the driver know you want to get off
a bus?
Yes No
Can you make a fare transaction on a bus?
Yes No
8. A. If you were provided with transit mobility training and given information about the bus
service and routes,do you think you would be able to use the bus independently or with assistance?
Yes No Sometimes
B. If no,explain why you would not be able to use the bus:
C. If sometimes,explain when and why:
9. Where and how far is the nearest existing fixed route bus stop to your residence?
18
ATTACHMENT D
10. Please explain HOW your disability prevents you from riding a regular transit bus:
11. What percentage(approximately)of your local travel is completed using the following?
(Circle answers)
Pueblo Transit bus 0% 10% 25% 40% 50%or more
Walking/Wheeling 0% 10% 25% 40% 50%or more
Private Vehicle 0% 10% 25% 40% 50%or more
Drive own vehicle 0% 10% 25% 40% 50%or more
Carpool 0% 10% 25% 40% 50%or more
Share a ride 0% 10% 25% 40% 50%or more
School Bus/Group Svc 0% 10% 25% 40% 50%or more
(Including Resource Exchange)
Citi-Lift 0% 10% 25% 40% 50%or more
Taxi Cab 0% 10% 25% 40% 50%or more
12. Did you complete this application by yourself? Yes No
If no,the person helping you complete the application needs to complete Part B of the certification on the
next page.
13. Please provide any other information which will assist us in understanding your level of mobility:
14. Please list a person to be contacted in an emergency:
Name: Relationship:
Daytime Phone( ) Evening Phone: ( )
Address:
15. Do you need information provided in an alternate format? Yes No
If so,check all formats that you can use:
Braille Large Print Audio Tape Other
Please review your application to make sure every question has an answer. Make sure the application is
SIGNED and DATED on the following page.
19
ATTACHMENT E
APPLICATION CERTIFICATION
In signing this application,the applicant agrees to the following conditions:
1) An interview may be required in addition to a completed application.
2) If at any time the applicant no longer has the disability as described,their eligibility for paratransit
privileges automatically ceases and they will no longer be eligible to use ADA service.
3) Falsification of information in this application will result in denial of service.
4) All information provided in this application will be kept confidential,and only the information required
to provide the services the certified individual requests will be disclosed to those who perform those
services.
5) An individual who is found ineligible for ADA service may appeal the decision within 60 days of a
written denial,and they will be advised of the appeals procedures.
A. Applicant Signature
I certify the information given in this application is true and correct. I authorize Pueblo Transit to contact
by phone or by letter any agency or professional that I have indicated on this form in order to verify
documentation of my functional ability.
Applicant Signature: Date:
B. Person completing form if other than applicant(please check one):
I certify that the information provided in this application is true and correct,based upon
information given to me by the applicant.
I certify that the information provided in this application is true and correct based upon my own
knowledge of the applicant's health condition or disability.
Date:
Signature of Person Completing Form
Please provide the following information on the person who completed the application:
Name: Phone Number:
Relationship: Why was the applicant unable to complete this form?
Return to: Pueblo Transit Telephone: (719)553-2725
350 Alan Hamel Avenue
Pueblo,CO 81003
20
ATTACHMENT F
VEHICLE LEASE AGREEMENT
THIS LEASE made this 1St day of January, 2017,by and between the City of Pueblo, a Municipal
Corporation,hereinafter referred to as "City", as Lessor, and MV Transportation Inc. hereinafter referred to
as"Lessee."
1. The City hereby leases to Lessee the following described property consisting of eleven(11)6 to 10
passenger wheelchair accessible vans herein "vehicles":
VEHICLE VIN NO. YEAR MAKE MODEL MILES COLOR
ID#
22 1FDFE4FS2ADA38251 2010 Ford E450 220606 WHITE
23 1FDFE4FSXADB00768 2010 Ford E450 187860 RED
24 1FDFE4FS1ADB00769 2010 Ford E450 205284 BLUE
25 1FDFE4FS8ADB00770 2010 Ford E450 208805 GREEN
26 1FDFE4FSXADB00771 2010 Ford E450 221344 BROWN
27 1FDFE4FS1ADB00772 2010 Ford E450 191200 PURPLE
151 1FDEE3FS6GDC32215 2016 Ford E350 22605 WHITE
152 1FDEE3FS4GDC28289 2016 Ford E350 22659 WHITE
161 1FDEE3FS9GDC45413 2016 Ford E350 17486 BLUE
162 1FDEE3FS6GDC45417 2016 Ford E350 17462 YELLOW
163 1FDEE3FS8GDC45421 2016 Ford E350 14465 ORANGE
2. Terms. This lease shall commence on date hereof and remain in effect during the effective period
of the Contract for Citi-Lift services of even date between Lessee and Pueblo Transit, unless sooner
terminated as herein provided.
3. Ownership. The leased vehicles shall at all times remain the sole and exclusive property of the
City. Lessee shall have no right,title or interest therein except for the right to use the vehicles on the terms
set forth herein.
Acceptance of Equipment. Lessee represents that it has inspected the Vehicles leased hereunder,
determined that they are suitable for the use intended,and accepts them as delivered. Lessee acknowledges
and agrees that the City has made no representations or warranties,oral or written,express or implied, with
respect to the Vehicles, including,without limitation,merchantability or fitness for a particular purpose.
Lessee hereby waives and agrees not to assert any claim or defense against the City by reason of any defect
in the equipment or breach or alleged breach or any warranties,representations, service or maintenance
agreements,express or implied,made by City,the manufacturer of the Vehicles or any other person.
21
ATTACHMENT F
4. City Duties Maintenance. Pueblo Transit shall provide all necessary maintenance and repair
services for the Vehicles, except(i)emergency repairs and such warranty services as are the obligation of
the Vehicle manufacturer, (ii)repairs necessitated by the negligent acts or omission of Lessee, its officers,
agents or employees.
5. Duties-Maintenance. Pueblo Transit shall be responsible for all expenses, as they are incurred,
of maintenance or repairs of the Vehicles, including labor, materials and parts that are required,except
Lessee shall be responsible for repairs due to accidents or driver negligence. Maintenance shall be in
accordance with the manufacturer's suggested maintenance schedule, and Lessee shall be responsible for
scheduling Vehicles for routine maintenance with Pueblo Transit. Pueblo Transit may inspect the leased
vehicles at any time for the purpose of determining whether they are being properly maintained.
6. Duties-Operation. Lessee shall at its own expense employ,control and supervise all operators
and drivers of the leased Vehicles,and shall pay all expenses of operating the Vehicles, including but not
limited to fuel,oil,tires,and other expenses listed herein. Lessee shall permit only duly licensed and
qualified operators to drive and operate these Vehicles.
7. Insurance. Lessee will obtain and pay the expense for maintaining collision and comprehensive
insurance on the leased Vehicles against loss or damage caused by collision,upset,overturn,fire,theft or
other casualty for each vehicle. Lessee shall maintain automobile liability insurance covering each vehicle
in limits of not less than$1,000,000 for any one person injured or killed, nor less than$1,000,000 for
injuries or death in any one occurrence, and not less than$500,000 for damage to property of others in any
one accident.
8. Limitations on Use. The Lessee agrees that the leased Vehicles shall be used solely for
noncommercial transport of persons or property in connection with the regularly established programs of
Lessee;that such use will be principally, if not exclusively, for transports of the elderly or disabled in
compliance with the Citi-Lift Contract between Pueblo Transit and Lessee.
9. Other Provisions. The parties further agree that use of the leased Vehicles is subject to the
Federal Transit Administration Act, incorporated herein by reference. The parties further agree that
employees of urban mass transportation carriers in the service area of the project,other than those
represented by the union,shall be afforded substantially the same levels of protection as are afforded to
union members under the December 1, 1976 agreement as supplemented and the U.S. Department of Labor
certification letter dated December 10, 1980, which is also incorporated herein by reference.
10. Return. Upon the termination of this lease, or any extension thereof, Lessee shall return the
leased vehicles to the City in good interior,exterior and mechanical condition,ordinary wear and tear
excepted.
11. Indemnity. The City assumes no liability for any acts or omissions of Lessee or its agents or
employees. Lessee hereby releases, indemnifies and agrees to defend and hold the City harmless from any
and all claims against the City of any nature whatsoever,arising out of this Lease or performance hereof by
Lessee or resulting from the use or operation of the leased Vehicles by Lessee.
12. Assignment. This Lease shall neither be assigned nor sublet by Lessee.
13. Termination. This Lease may be terminated by either party immediately upon written notice of
the other party for breach of any condition hereunder. This Lease may be terminated at any time and for
any reason by mutual consent of the City and Lessee.
22
ATTACHMENT F
IN WITNESS WHEREOF the parties have executed this Lease as of the date above written.
City of Puebjn k;Mun`elfai rporation
Date
MV Transportatio Inc.
By,7�� // ' G/7
Signature of Represe tative Date
23
ATTACHMENT G
TITLE VI ASSURANCE
During the performance of this contract,the contractor,for itself,its assignees and successors in interest(hereinafter referred to
as the"Contractor")agrees as follows:
1) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in
federally assisted programs of the City of Pueblo Title 49,Code of Federal Regulations,Part 21,as they may be
amended from time to time,(hereinafter referred to as the"Regulations"),which are herein incorporated by reference
and made a part of this contract.
2) Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,shall not
discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including
procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in
the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract
covers a program set forth in Appendix B of the Regulations.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including
procurements for materials or leases of equipment,each potential subcontractor or supplier shall be notified by the
contractor of the contractor's obligations under this contract the Regulations relative to nondiscrimination on the
grounds of race,color,or national origin.
4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto,and shall permit access to its books,records,accounts,other sources of information,
and its facilities as may be determined by the City or the Federal Transit Administration to be pertinent to ascertain
compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the
City,or the Federal Transit Administration as appropriate,and shall set forth what efforts it has made to obtain the
information.
5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of
this contract,the City shall impose contract sanctions as it or the Federal Transit Administration may determine to be
appropriate,including,but not limited to:
a) withholding of payments to the contractor under the contract until the contractor complies;and/or
b) cancellation,termination,or suspension of the contract,in whole or in part.
6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs(1)through(6) in every
subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,or
directives issue pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement
as the City or the Federal Transit Administration may direct as a means of enforced such provisions including
sanctions for noncompliance: Provided,however,that in the event a contractor becomes involved in,or is threatened
with,litigation with a subcontractor or supplier as a result of such direction,the Contractor may request the City to
enter into such litigation to protect the interests of the City,and,in addition,the contractor may request the United
States to enter into such litigations to protect the interests of the United States.
Imp
PiA.)0t C I01159044,10n, 110C
2sentative , 9'
ii÷e---
11
Date
24
ATTACHMENT H
CERTIFICATION REGARDING INELIGIBLE CONTRACTOR LIST
The MO PcbR c. VILA PDritt-t-t 17Y1 IP C-) hereby
certifies that it IS NOT included on the U.S. Comptroller General's Consolidated List of
persons or firms currently debarred for violations of various public contracts incorporating Labor
Standards Provisions.
Signatur :
Name: hpej- 4• Gip,,e.,16
Title: OFC)
Date: 911117
25
ATTACHMENT I
LIQUIDATED DAMAGES AMOUNTS
Pueblo Transit has established performance standards for Citi-Lift services. Contractor and Pueblo Transit stipulate
and agree that anticipated damages for violations of such performance standards are uncertain in amount or difficult
to be proved and therefore intend to liquidate such damages in advance and the amounts stated herein as liquidated
damages are reasonable and proportionate to the presumed injury occurring as a result of any such violation
1. TRIPS DENIALS
Liquidated damages of three hundred and fifty dollars($350)will be assessed to Contractor for each denial
of services to an entitled person,validated by Pueblo Transit staff.
2. SCHEDULE ADHERENCE
Contractor shall operate all vehicles according to scheduled pickup and drop-off times. As a minimum
standard of performance, Contractor will operate such that ninety percent (90%) of all one-way passenger
trips provided during a calendar month are on time. "On time" is defined as a passenger being picked up
within a thirty(30)minute window consisting of plus(+)or minus(-)fifteen(15)minutes from the scheduled
pickup time.
The monthly determination of schedule adherence will be made by Pueblo Transit based upon a routinely
selected sample of trips operated by Contractor. Pueblo Transit will determine the exact number of demand
response passenger trips selected from completed operator trip manifests.
During any given month when Contractor's schedule adherence falls below 90%, liquidated damages of one
hundred and fifty dollars ($150) will be assessed, when it falls below 85%, liquidated damages of two
hundred and fifty($250)will be assesses,when it falls below 80%, liquidated damages of three hundred and
fifty($350)will be assessed.
Contractor shall not falsify data. Pueblo Transit reserves the right to utilize its own employees as observers
to monitor the performance of Contractor. If Contractor reports data differs from the observer's report,this
may constitute grounds for termination of the Contract.
3. SAFETY PERFORMANCE
Contractor will assess liquidated damages in the amount of three hundred and fifty dollars ($350) for any
accident in which a fatality has occurred, an individual has been transported to a medical facility, or one or
more vehicles requires a tow,unless Contractor establishes that the accident was not caused by or contributed
to by the Vehicle driver.
Contractor will assess liquidated damages in the amount of two hundred dollars ($200) for each traffic
citation(moving violation)received by Contractor's drivers while providing paratransit services.
4. SUBMITTAL OF REPORTS
Contractor will submit all data, records and reports required by Pueblo Transit within the timeframe
established for each document. Liquidated damages of one hundred dollars ($100) will be assessed if
Contractor fails to submit the required reports on time. Pueblo Transit will not accept Contractor's monthly
invoice until such time as all reports covering the calendar month represented by the invoice are provided.
26
ATTACHMENT I
5. CUSTOMER COMPLAINTS
Contractor will assess liquidated damages in the amount of one hundred dollars ($100) per occurrence for
the third and each subsequent customer complaint regarding the quality of service provided by Contractor
received during a calendar month and found to be valid by Pueblo Transit.
6. UNIFORMS
Contractor's drivers personnel will adhere to the following uniform requirements: Tri-Color shirt 100%
Cotton Pique Polo Shirt with City-Lift logo,various colors as approved by Pueblo Transit. Trouser,walking
shorts (at the knee) shall be dark blue, black, or khaki. Lightweight jacket with liner and Citi-Lift logo,
Shoes/Belt/Socks-Medium brown or black, must match. Hat wear is optional, but will be a Pueblo Transit
approved hat and color with a Citi-Lift Logo displayed on the front. Uniforms will, at all times, meet
standards of cleanliness and appearance as set forth by the Contractor.
Liquidated damages of one hundred dollars ($100) will be assessed per incident when Contractor's drivers
are out of uniform.
7. ADDITIONAL REMEDIES
The assessment and payment of liquidated damages shall be in addition to and not in substitution of Pueblo
Transit's rights and remedies under this Contract.
27
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement,retention or
other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association
(PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of
Pueblo to perform any service as an employee, contract employee, Contractor, independent contractor, or through other
arrangements,is subject to employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for
services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who
will perform any services for the City of Pueblo? Yes , No K. (Must sign below whether you answer "yes"or "no".)
(b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole
proprietor or partnership,or 3) a business or company owned or operated by a PERA Retiree or an affiliated party? Yes
No
If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your
business:
(c) If you answered"yes"to both(a)and(b),please provide the name,address and social security number of each such
PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two,please attach a supplemental list)
If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required
to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee
or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the
City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under
any current or future contract or other arrangement for services between you and the City of Pueblo.
Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being denied
the privilege of doing business with the City of Pueblo.
Signed —1 ,20 11 .
By:
Name: PiA)//6V IL�
Title: YY""
For purposes of responding to question(b)above,an"affiliated party"includes(1)any person who is the named beneficiary or
cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or
adoption to and including parents,siblings,half-siblings,children,and grandchildren;(3)any person who is a relative of the
PERA Retiree by marriage to and including spouse,spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's
siblings;and(4)any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the
performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or
compensation.
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APPENDIX A
SCOPE OF SERVICES
This Scope of Services contains technical specifications for Citi-Lift paratransit services to be provided by Contractor to
Pueblo Transit.
A. DESCRIPTION OF SERVICE
Citi-Lift is Pueblo Transit's complimentary paratransit service as required by the Americans with Disabilities Act(ADA),
and as described in 49 CFR Part 37 and Pueblo Transit guidelines. Citi-Lift service is available to eligible persons only.
Passenger eligibility is determined exclusively by Pueblo Transit.
Using vans and small buses leased from the City of Pueblo ("Revenue Vehicles") and maintained by Pueblo Transit,
Contractor shall operate up to eleven Revenue Vehicles in pre-scheduled,demand responsive service six days per week,Monday
through Saturday, 6:00 a.m. until 6:30 p.m. The service area includes the incorporated limits of the City of Pueblo, Colorado
and a limited portion of Pueblo County, Colorado. Contractor is responsible for telephone information,passenger reservations,
vehicle scheduling and dispatching,as well as insurance and administrative offices. Subject to the provision of Article V of the
Contract,Pueblo Transit may increase the number of Revenue Vehicles.
B. CONTRACTOR'S RESPONSIBILITIES
Contractor shall be responsible for the provision of Citi-Lift service consistent with the Contract and the requirements of
Pueblo Transit as described in this Scope of Services. All work performed by Contractor under this Contract shall be managed
and operated in accordance with guidelines,standards and parameters established herein and attachments hereto.
All work performed by Contractor must meet or exceed applicable U.S. Department of Transportation and State of
Colorado Department of Transportation regulations and requirements governing public paratransit services, regardless of the
Contractor's assumption as to whether it is subject to the jurisdiction of these agencies.
1. Contractor's Employees
Contractor shall be solely responsible for the employment and supervision of personnel necessary to perform the work
specified herein. Such responsibilities shall include, but not be limited to the following: recruitment, screening, selection,
training,supervision,employee relations,evaluation,retraining,and termination.
Contractor shall specify the number of employees,by labor classification and status,to be used to provide Citi-Lift service.
A current list of personnel assigned to the project and individual employee personnel files shall be maintained at all times. The
use of independent contractors or subcontract employees shall not be permitted without the prior written permission of Pueblo
Transit.
2. General Management
Contractor shall provide general management and supervision at a level and capability sufficient to ensure the delivery of
the highest possible quality service. An Operations Manager General Manager shall be designated by Contractor to make
decisions and actively coordinate Citi-Lift operations. The individual selected shall be retained as an employee of Contractor.
The General Manager shall be responsible for the safe and reliable provision of services referenced in this Scope of Services,
including direct supervision of the work of Contractor's personnel.
Pueblo Transit shall not require that the General Manager be dedicated exclusively to the Citi-Lift project; however,
Contractor must identify the percentage of the General Manager's time that will be dedicated to on-site management of Citi-Lift
operations. At a minimum, the General Operations Manager shall devote at least three (3) days per week on-site. This
requirement by Contractor shall be construed as a defined minimum only, and in no way relieves Contractor or its General
Manager from spending as much time on-site as is necessary to ensure that Citi-Lift service meets or exceeds the performance
standards described herein.
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The General Manager must be available by local telephone, cell phone, electronic pager, or in person at all times when
Citi-Lift vehicles are in operation. In addition,Contractor shall designate at least one(1)additional management official who
may be contacted by telephone at any time,in the event of an emergency or if the General Manager cannot be reached.
Pueblo Transit shall direct all official correspondence and notifications to the General Manager for response and
appropriate action on behalf of Contractor. The Operators Manager shall be available to meet with Pueblo Transit staff at least
once per month, or more often as required by Pueblo Transit, to discuss and resolve any matter raised by Pueblo Transit or
Contractor.
The General Manager must have a minimum of three(3)years of previous experience in the management of passenger
transportation operations,including at least one(1)year of direct supervisory experience with drivers, scheduling and dispatch
personnel, as well as a proven capacity to work effectively with paratransit customers and the general public. The General
Manager shall demonstrate competence in all aspects of the operation of service including ongoing action and decision making.
If at any time,and for any reason Pueblo Transit determines the performance of the General Manager is unacceptable or
inadequate,it may request in writing that Contractor secure a replacement for the position. In such event,Contractor shall submit
the resume and qualifications of the proposed replacement to Pueblo Transit within thirty(30)days following issuance of Pueblo
Transit's written request.
Contractor shall not replace the General Manager without the written consent of Pueblo Transit. In the event that the
General Manager leaves the employ of Contractor,the resume and qualifications of a proposed replacement shall be submitted
to Pueblo Transit for approval. Such qualifications shall be submitted as soon as possible,but in no event later than fifteen(15)
working days prior to the departure of the incumbent General Manager, unless the departing employee has provided less
notification to Contractor.
In the interim period when the position of General Manager is vacant,Contractor shall assign a senior management official
or other qualified supervisor approved by Pueblo Transit to serve as the interim General Manager until a permanent replacement
is found. Contractor shall at all times act in good faith to make all reasonable efforts to maintain the quality and continuity of its
management personnel.
3. Personnel
Contractor shall provide all employees,including schedule makers,dispatchers,road supervisors,safety and training staff,
clerical and other office personnel necessary to operate Citi-Lift service to the satisfaction of Pueblo Transit. The duties of these
employees shall include, but not be limited to: answer public requests for information and passenger service; prepare daily
schedules; communicate with drivers in revenue service;cover accidents, incidents,and emergency situations;provide routing
directions and detour instructions; correct schedule delays; make same-day changes in schedules to accommodate immediate
service calls.
4. Drivers
Contractor shall provide all drivers and use appropriate screening and selection criteria before employing persons to
operate vehicles in revenue service. Such criteria shall include, although not necessarily be limited to the following: (A)
satisfactory employment history for the past three(3)consecutive years;(B)no criminal record for the past seven(7)consecutive
years;(C)a motor vehicle record exhibiting no more than two incidents during the immediate past thirty-six(36)months,neither
of which shall be a DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) conviction; (D)a physical
examination, including drug/alcohol screen,which meets all federal,state and local requirements.
Proof of adequate driving record for all drivers employed to provide Citi-Lift service shall be submitted to Pueblo Transit
ten(10)working days before commencement of service,and thereafter for each new driver placed into service. A current list of
drivers, together with a current Colorado Department of Motor Vehicles abstract of driving record for each driver, shall be
provided to Pueblo Transit every six(6)months thereafter.
Contractor shall require all Citi-Lift drivers to undergo a drug and alcohol screen prior to assignment to this project,and
periodically thereafter as required by U.S.Department of Transportation regulation. All safety sensitive employees shall comply
with Pueblo Transit drug/alcohol testing procedures.
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Citi-Lift drivers shall not consume,test positive for the use of, nor possess alcohol, narcotics, or dangerous drugs while
on duty. Any operator suspected of violating this requirement shall be tested immediately at the sole expense of Contractor,
using a chemical analysis of samples of urine by a recognized hospital, clinic, or laboratory approved by Pueblo Transit and
immediately removed from service under this Contract, until results of test are obtained. If results are negative, driver shall
return to duty. If results are positive,driver will be terminated.
Contractor shall be responsible for removing from service any driver who at any time fails to meet minimum qualifications
specified in this Scope of Services,or for other reasonable causes.
Contractor shall be responsible for preparing all operator work assignments necessary to provide the Citi-Lift services
specified in this Scope of Services. The composition of Contractor's work assignments should reflect a balance between efficient
labor utilization and reasonable personnel practices,which support longevity of employment and job commitment among vehicle
operators.
Citi-Lift drivers shall at all times while on duty wear a uniform which is neat, clean and free from apparent wear.
Contractor shall adhere to such dress code throughout the Contract period. Contractor shall be responsible for ensuring that its
drivers comply with the uniform requirement at all times while in revenue service.
5. Facilities and Equipment
Contractor shall provide all offices and other facilities necessary to support Contractor's activities under this Contract.
For practical reasons,such facilities should be located near Pueblo Transit's operating facility located at 350 Alan Hamel Avenue
near downtown Pueblo.
Contractor shall provide all equipment and supplies, including non-revenue support vehicles, mobile two-way radio
system or cellular telephones,insurance,fuel,oil,lubricants,and tires for revenue and non-revenue vehicles,as necessary for the
performance of this Contract. In addition Contractor will install the"DriveCam Video System as well as a wireless hotspot at
the fueling area to provide a way for Supervisors to monitor operator's performance before an accident occur. The system wil l
be installed in all service vehicles contractor operates.
6. Telephone Information and Reservations
Contractor shall provide telephone information services for Citi-Lift customers,including:Program information;schedule
availability; passenger reservations; cancellations; status of vehicle arrival times; compliments and complaints; and other
information as required. Contractor shall provide its own telephone equipment and personnel for such purpose. Contractor shall
utilize the telephone number(719)546-CITI,which shall be made available for use by Pueblo Transit for such purpose,provided,
however,that Contractor shall not be allowed to use this telephone number for any other purpose unrelated to the provision of
Citi-Lift service.
Contractor's reservation system shall be capable of accepting passenger requests for transportation up to fourteen (14)
days in advance of the day of travel, in accordance with 49 CFR Part 37 of USDOT regulations. Reservations through
Contractor's employees shall be accepted by telephone Monday through Saturday from 6:45 a.m.until 5:00 p.m. An answering
device,answering service,or Contractor's employee shall be available at all other times to accept reservations and cancellations.
Contractor shall also have a TDD Telephone System available.
Contractor shall provide two (2) incoming telephone lines. Between the hours of 8:00 a.m. and noon, Monday through
Friday,two(2)of the Contractor's employees shall be available to answer the phones as their primary function. One(1)incoming
line shall be provided at all other times when vehicles are in service. During these hours,one(1)of Contractor's employees shall
be available to answer the phones as his/her primary function.
7. Vehicle Scheduling and Dispatching
Contractor shall provide a computer-assisted system for developing daily routes incorporating all reservations received,
and producing driver manifests/route itineraries. The system must be sufficiently efficient to accommodate all trips requests.
The system must be sufficiently flexible to accommodate same-day changes in passenger schedules, including short-notice and
immediate-notice requests for service. It must be capable of handling "will-call" pickup requests by passengers making return
trips from medical appointments.
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8. Training and Safety
Contractor shall develop, implement and maintain a formal training and retraining program for all supervisory staff and
drivers engaged in the provision of Citi-Lift service. Such training shall meet or exceed to training provided to Pueblo Transit
employees.
The driver training program must include a minimum eighty(80)hour course for new employees with no prior commercial
driving experience, consisting of a combination of classroom instruction, behind-the-wheel training under the auspices of a
qualified instructor, and in-service training. The program must also address formal retraining measures, including criteria for
determining the success of retraining efforts. New employees with prior commercial driving experience may receive fewer hours
of training,and Contractor shall use its discretion in assessing the training needs of such employees on a case-by-case basis.
Passenger Assistance Training(PAT)or Passenger Service and Safety Certification(PASS)must be provided to all drivers
by a certified PAT or PASS trainer as part of the 80 hours curriculum. This training must focus on preferred techniques to be
used when transporting passengers with disabilities, including non-ambulatory passengers. Contractor's training program shall
further include at least four(4) hours of sensitivity training which are required by 49 CFR Part 37 of USDOT regulations. The
sensitivity training must emphasize treating persons with disabilities with courtesy and respect and the types of disabilities drivers
may encounter.
The training program shall include a safety component,through which Citi-Lift passengers,Contractor and Pueblo Transit
may be assured that the service provided at all times remains as safe as possible. The safety component shall include, but not
necessarily be limited to: Regularly scheduled employee safety meetings; participation in National Driver Safety Council
programs; information and incentives to encourage safe operating practices; and participation in risk management activities
recommended by Contractor's insurance provider.
Contractor shall submit written documentation of its training program and annual training schedule to Pueblo Transit at
least five(5)days prior to the initiation of service delivery.
Upon commencement of service and at all times thereafter, the Operations ManagerGeneral Manager, supervisory
personnel and drivers must be fully knowledgeable of all aspects of Citi-Lift operation,including,but not necessarily limited to:
Schedules; fares; vehicle and communications equipment; customer service requirements; incident and accident reporting
procedures;passenger data and survey procedures;passenger assistance techniques;and Pueblo Transit fixed routes.
9. Handling Operational Emergencies
Contractor shall develop,implement and maintain formal written procedures to assist its employees in effectively handling
emergencies and routine operational problems that occur from time to time. Examples of occurrences to be covered by written
guidance include,but are not limited to: In-service vehicle failures; lift failures on in-service vehicles; passenger disturbances;
vehicle accidents;and on-board injuries. Contractor shall submit written documentation of such procedures to Pueblo Transit at
least five(5)days prior to the initiation of service delivery.
10. Accident and Incident Investigation
Any accident or incident involving Contractor, Pueblo Transit, or any third party shall be immediately recorded and
investigated by Contractor. Pueblo Transit shall be informed by telephone immediately following the occurrence of any accident
or incident,and furnished with a written report within twenty-four(24)hours after the occurrence,regardless of fault. Accidents
shall be recorded on a standard form and accompanied by police reports. Incidents involving passengers'behavior,threats and
disputes shall be documented and reported to Pueblo Transit in narrative format. Contractor shall submit written documentation
of its accident and incident handling procedures to Pueblo Transit at least five(5)days prior to the initiation of service delivery.
Failure to comply with any of the above submittal and reporting requirements may obligate Pueblo Transit to enforce
stated Performance Standards and Liquidated Damages.
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11. Service Complaints
Contractor shall cooperate fully in the complaint resolution process administered by Pueblo Transit. Passengers shall be
advised that complaints are to be directed to Pueblo Transit. All customer complaints about Citi-Lift service received by
Contractor shall be referred to Pueblo Transit for processing.
Pueblo Transit shall forward to the Contractor a summary of each complaint received about any aspect of Citi-Lift service
involving Contractor. Within five(5)working days,Contractor shall furnish Pueblo Transit with an explanation of the complaint
or problem in writing. Such explanation shall be made on Pueblo Transit's form and be in sufficient detail,including the action(s)
taken to resolve the complaint or problem. Test complaints may be directed to the Contractor from time to time to validate
correct referral processes.
Failure to comply with any of the above submittal and reporting requirements may obligate Pueblo Transit to enforce
stated Performance Standards and Liquidated Damages.
12. Fare Collection
Contractor shall charge fares and strictly adhere to fare policies established by Pueblo Transit. Contractor shall be solely
responsible for the collection of fares using the fareboxes provided by Pueblo Transit. All fares are the property of Pueblo
Transit. Contractor's employees shall not attempt to open fareboxes or handle fares collected from passengers. Contractor shall
be responsible for all fares collected and not delivered to Pueblo Transit.
A daily revenue summary report shall be submitted to Pueblo Transit each working day following the collection of fares.
This report shall indicate the following: date;driver name and badge number;run number;bus number;the total value of coins
and currency collected; the total number of rehabilitation tickets collected; number of Personal Care Attendants/No-Fare
passengers;and total passengers carried.
Contractor shall be required to retain all completed Citi-Lift service schedules for inspection by Pueblo Transit for three
(3)years from the date of final payment under the Contract. Drivers shall record the actual amount of fare collected from each
passenger in the designated column on each sheet at the time the fare was collected. All such fare records must be written in the
individual operator's own handwriting, and not affected by erasure or obscured by correction fluid or tape. Mistakes shall be
marked out with an "X" and the correct amount recorded immediately above the mistake and initialed by the vehicle operator.
Such documents shall be reviewed at Pueblo Transit's discretion.
13. Data Collection,Record-Keeping and Reporting
Contractor shall submit operating data and other information to the satisfaction of Pueblo Transit,according to a schedule
established by Pueblo Transit. Contractor shall submit samples of data collection, record keeping and reporting forms as
prescribed in this section for the Pueblo Transit's review. Contractor shall make reasonable modifications at the request of the
Pueblo Transit and shall cooperate fully with Pueblo Transit if modifications are needed over time. Pueblo Transit may modify
or expand the Contractor's data collection and reporting requirements at any time as necessary to accommodate its need to
monitor any aspect of the Citi-Lift system. Contractor shall be required to submit the following documents,reports,and related
assistance to Pueblo Transit.
A. Daily Reports
1. A work roster indicating the following information:run number;name and badge number of all drivers
assigned to operate each run; scheduled and actual pull-out times of each run; scheduled and actual pull-in time; vehicle
number(s)assigned to each run;revenue collected by vehicle;and daily mileage for each vehicle operated.
2. A dispatch incident log recording the time,run number and nature of all occurrences, including but
not limited to: Schedule delays of fifteen (15) minutes or longer; in-service vehicle breakdowns; vehicle and driver reliefs;
accidents;incidents;wheelchair lift/ramp assisted passenger; and no-shows.
3. Daily revenue summary report as specified in Section 12 of this Scope of Services.
B. Monthly Reports
1. Operating report summarizing total passengers,revenue and deadhead miles and hours operated.
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2. Service report indicating number of passengers in wheelchairs,number of trips not served within one
hour of requested time,number of trips not served,cancellations,and subscription trips by time of day.
C. Other Reports
1. Contractor shall collect National Transit Database random trip sample data as directed using forms
provided by Pueblo Transit and provide other information required under National Transit Database.
2. Contractor shall cooperate with the Pueblo Transit in the conduct of periodic opinion and ridership
surveys.
Contractor shall permit personnel authorized by Pueblo Transit to review daily trip sheets and other records or to ride any
vehicle at any time during normal operation for the purpose of monitoring the service. No fare shall be charged of such persons,
provided that appropriate identification is shown to the driver.
14. Accounting
All funds received and costs incurred in the performance of this project shall be maintained and recorded in an account
separate from those used for other business activities of Contractor. All records relating to this project shall be available for
inspection or audit by personnel or designated representatives of Pueblo Transit or the City.
15. Marketing Assistance
Contractor may periodically be requested to participate in various aspects of Pueblo Transit's marketing program,
including but not limited to: Distributing brochures and promotional information to passengers; conducting on-board surveys;
making presentations and attending meetings as requested by Pueblo Transit. No materials shall be distributed unless approved
by Pueblo Transit.
16. Non-Authorized Use of Revenue Vehicles
Contractor shall not be permitted to use the revenue vehicles furnished by Pueblo Transit to provide the paratransit services
described in this Scope of Services for any other service unless directed to do so,in writing,by Pueblo Transit.
17. Advertising on Vehicles
No exterior or interior advertising shall be permitted on any revenue vehicle without the prior written approval of Pueblo
Transit. This applies to both commercial and non-commercial advertising.
C. Pueblo Transit's RESPONSIBILITIES
1. Service Characteristics
Pueblo Transit shall have the exclusive right to determine all characteristics of Citi-Lift service.Pueblo Transit,at its sole
option,may modify the service level,fare,eligibility criteria,or any other aspect of Citi-Lift service.
2. Revenue Vehicles
Pueblo Transit shall furnish all vehicles used to provide Citi-Lift service. Vehicles shall be furnished in"AS IS"condition.
Contractor shall maintain the revenue vehicles in a clean and orderly condition. Pueblo Transit makes no representation or
warranty of any kind, express or implied, with respect to the vehicles,whether as to merchantability or fitness for a particular
purpose or any other matter.
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As of January 1,2017,the revenue fleet includes the following vehicles:
VEHICLE VIN NO. YEAR MAKE MODEL MILES COLOR
ID#
22 1FDFE4FS2ADA38251 2010 Ford E450 220606 WHITE
23 1FDFE4FSXADB00768 2010 Ford E450 187860 RED
24 1FDFE4FS1ADB00769 2010 Ford E450 205284 BLUE
25 1FDFE4FS8ADB00770 2010 Ford E450 208805 GREEN
26 1FDFE4FSXADB00771 2010 Ford E450 221344 BROWN
27 1FDFE4FS1ADB00772 2010 Ford E450 191200 PURPLE
151 1FDEE3FS6GDC32215 2016 Ford E350 22605 WHITE
152 1FDEE3FS4GDC28289 2016 Ford E350 22659 WHITE
161 1FDEE3FS9GDC45413 2016 Ford E350 17486 BLUE
162 1FDEE3FS6GDC45417 2016 Ford E350 17462 YELLOW
163 1FDEE3FS8GDC45421 2016 Ford E350 14465 ORANGE
All Citi-Lift revenue vehicles shall be housed at Pueblo Transit's operating facility located at 350 Alan Hamel Avenue near
downtown Pueblo. Contractor shall have no right,title,or interest therein except for the right to use the vehicles within the terms
set forth in this Contract.
3. Revenue Vehicle Maintenance
Pueblo Transit shall provide all necessary maintenance and repair services for Citi-Lift revenue vehicles, except
emergency repairs and such warranty services as are the obligation of the vehicle manufacturer and except for repairs resulting
from accidents or drivers negligence which shall be the responsibility of the Contractor. Pueblo Transit shall be responsible for
all normal expenses,as they are incurred,for maintenance or repairs to the vehicles,including labor,materials and parts which
are required,except Contractor shall be responsible for repairs due to accidents or driver negligence. In addition,Pueblo Transit
will provide all necessary maintenance and repair services for MV's spare vehicles,except emergency repairs and such warranty
services as are the obligation of the vehicle manufacturer and except for repairs resulting from accidents or drivers negligence
which shall be the responsibility of the Contractor. Pueblo Transit will charge at a rate of$85 per labor hour in addition to the
cost for parts.
All maintenance shall be in accordance with the manufacturer's suggested maintenance schedule.Pueblo Transit shall be
responsible for scheduling vehicles for routine maintenance. Pueblo Transit may inspect revenue vehicles at any time for the
purpose of determining whether they are being properly maintained.
Contractor shall require Citi-Lift drivers to conduct daily pre-trip inspections and submit reports on a form provided by
Pueblo Transit. Each driver shall conduct a pre-trip inspection prior to placing any vehicle into revenue service or assuming
responsibility for operating any vehicle at any time during the service day. The scope of the pre-trip inspection shall be consistent
with the requirements for drivers possessing a Commercial Drivers License (CDL), even though drivers are not required to
possess a CDL license. Items included in the pre-trip inspection shall include, but not be limited to: Directional signals and
flashers;headlights;brake and tail lights;windshield wipers and washers; interior lights;horn;parking brake; door and seatbelt
operation; wheelchair lift or ramp operation; farebox; fire extinguisher and availability of emergency safety equipment. All
drivers shall submit completed inspection reports to Pueblo Transit's maintenance foreman or other designated employee prior
to departing Pueblo Transit's yard with the vehicle.
At the end of a shift, Drivers will return vehicles to Pueblo Transit's yard in the same state of cleanliness, both interior
and exterior,as they were picked up.
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4. Marketing
Pueblo Transit shall be responsible for all marketing and promotional activities relating to the transit services provided,
but may request assistance of Contractor as described in this Scope of Services.
5. Liaison with Local Jurisdictions
Pueblo Transit shall be responsible for coordinating project activities with local and regional governmental jurisdictions,
agencies and citizen groups. Contractor may,from time to time,be requested to attend staff meetings or perform specific liaison
activities on behalf of,or in conjunction with,Pueblo Transit staff.
6. Level of Service
Pueblo Transit shall authorize Contractor to operate up to eleven (1I) revenue vehicles with the purpose to provide
paratransit services and to avoid denial of service. The number of Revenue Vehicles may be increased by Pueblo Transit.
7. Suspension of Operation
In the event of heavy snowfall, natural disaster, or other special circumstance which is outside of the control of Pueblo
Transit and Contractor, Pueblo Transit's Manager may determine that some or all Citi-Lift service shall be suspended for a
defined period of time. Ha suspension of operation is declared during service hours,all Citi-Lift passenger return trips shall be
provided before vehicles are removed from service. Under no circumstance shall any Citi-Lift passenger be stranded en-route
or at a non-residential destination to which the passenger was taken by one of Contractor's drivers.
In no case may Contractor suspend all or a part of its contract-related operations without the express written approval of
Pueblo Transit's Manager or designated employee. Contractor may request permission of Pueblo Transit to suspend service for
reasonable causes as detailed above, however, strikes and labor disputes involving Contractor's employees shall not be
considered as a reason justifying suspension of service.
D. PERFORMANCE STANDARDS/LIQUIDATED DAMAGES
Contractor shall at all times operate paratransit services that meet or exceed the minimum performance standards described
in this Scope of Services. Under the circumstances defined in Appendix B,Pueblo Transit will assess liquidated damages for
performance which falls below a specified threshold with respect to the following areas:
1. Trips Denials
2. Schedule Adherence
3. Safety Performance
4. Submittal of Reports
5. Customer Complaints
6. Uniforms
The schedule of liquidated damage amounts is listed in Appendix B "Liquidated Damages Amounts".
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