HomeMy WebLinkAbout10081ORDINANCE NO. 10081
AN ORDINANCE APPROVING AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR SPECIALIZED
TRANSPORTATION SERVICE, (RFP 21-065) AND RELATED
LEASE AGREEMENT TO MV PUBLIC TRANSPORTATION INC.
WHEREAS, Proposals for Specialized Transportation Service (RFP-21-065) were
received and examined; and
WHEREAS, MV Public Transportation, Inc. submitted the only responsive proposal; and
WHEREAS, the Proposal of MV Public Transportation, Inc., of Dallas, Texas, was
determined by the Board of Directors of Pueblo Transit to meet the requirements of the RFP and
the cost was determined to be fair and reasonable; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The contract for January 1, 2022 – December 31, 2026 Specialized Transportation Service
(RFP-21-065) awarded to MV Public Transportation Inc. is hereby approved.
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. The
Mayor is authorized to execute same in the name of the City.
SECTION 3.
Funds for said project shall be paid from the 550-75-540-0 53003 Pueblo Transit Citi-Lift
fund.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached Agreements to implement the policies and procedures described
herein.
SECTION 5.
This Ordinance shall become effective immediately upon final passage and approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on December 13, 2021.
Final adoption of Ordinance by City Council on December 27, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on December 30, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Deputy City Clerk
City Clerk’s Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 13, 2021
TO: President Larry W. Atencio and Members of City Council
CC: Nick Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Benjamin Valdez, Director of Transit
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CONTRACT FOR SPECIALIZED TRANSPORTATION SERVICE, (RFP 21-065)
AND RELATED LEASE AGREEMENT 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, 2022, through December 31, 2026 to MV
Public Transportation Inc. including related lease agreement.
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 Dallas, TX was responsive and responsible.
FINANCIAL IMPLICATIONS:
The contract cost for Pueblo Transit will be as follows:
First Contract Period (Jan. 1, 2022 - Dec. 31, 2022) $1,011,270
Second Contract Period (Jan. 1, 2023 - Dec. 31, 2023) $1,043,705
Third Contract Period (Jan. 1, 2024 - Dec. 31, 2024) $1,089,534
Fourth Contract Period (Jan. 1, 2025 - Dec. 31, 2025) $1,101,310
Fifth Contract Period (Jan. 1, 2026 - Dec. 31, 2026 $1,127,865
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Service Contract
Vehicle Lease Agreement
PROFESSIONAL SERVICES CONTRACT FOR PARA-TRANSIT SERVICES
BY AND BETWEEN PUEBLO TRANSIT
AND MV PUBLIC TRANSPORTATION, INC.
THIS Contract made and entered into this 1st day of January 2021,by and between 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 at 5910 N.Central Expressway,Suite 1145,Dallas,Texas,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 through Bid 21-065 RFP Citi-Lift Paratransit Services for Pueblo
Transit 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 1,2022 through December 31,2024 with two additional one-
year options as described herein;
NOW, THEREFORE, in consideration of the mutual promises, covenants and obligations hereinafter provided, it is
mutually agreed between the parties as follows:
1. 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 which are
attached hereto and incorporated herein by reference. In the event of any inconsistency or conflict between any of the
documents attached to this Contract,the terms of the Contract shall govern.
2. 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.
3. Time Of Performance
The services to be performed under this Contract shall be for the period commencing January I,2022,and continuing
through December 31,2024. 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
reasonable 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 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, 2025, and ending on December 31, 2025, and the second option year
commencing on January 1,2026 and ending on December 31, 2026.
Bid 21-065 Contract Page 1 of 20
4. 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.
5. Compensation And Method of Payment
5.1 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 addenda and appendices
related thereto,and Contractor's Proposal,the maximum amount as follows:
(A) $1,011,427.00 for the period from January 1,2022 through December 31,2022
(B) $1,043,705.00 for the period from January 1,2023 through December 31,2023
(C) $1,089,534.00 for the period from January 1,2024 through December 31,2024
(D) $1,101,310.00 for the extension period from January 1,2025 through December 31, 2025*
(E) $1,127,865.00 for the extension period from January 1,2026 through December 31, 2026*
*Term of extension as agreed upon by all parties;refer to Section 3 above.
Compensation payable in each calendar year shall be paid in equal monthly installments during such calendar
year.
5.2 If an increase in vehicle revenue hours exceeds 17,915 hours, the compensation for each additional revenue
hour should be as follows:
January 1,2022 through December 31,2022: $56.46
January 1,2023 through December 31,2023: $57.37
January 1,2024 through December 31,2024: $59.08
Extension Period-January 1,2025 through December 31,2025: $59.65*
Extension Period-January 1,2025 through December 31,2026: $60.40*
*Term of extension as agreed upon by all parties;refer to Section 3 above.
5.3 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.
5.4 Invoice and Payment.
5.4.1 On or before the fifteenth day of each month,Contractor shall submit an invoice for service provided
during the preceding calendar month.
5.4.2 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.
5.4.3 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.
5.4.4 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.
Bid 21-065 Contract Page 2 of 35
5.4.5 Pueblo Transit shall deduct from Contractor's monthly invoice the amount which has been assessed
by Pueblo Transit against Contractor as liquidated damages.
5.5 Price Adjustment.
5.5.1 Pueblo Transit may consider price adjustment/alternate compensation rates if Contractor's costs
increase as a result of(i)changes to the scope of work/service hours requested by the Authority,(ii)
changes in laws, rules, regulations, etc. applicable to the services to be provided by Contractor,
and/or (iii) wage increases necessary for Contractor to be able to recruit and retain qualified
employees as a result of an increase in the minimum wage in the City or surrounding jurisdictions;
and (iv) costs incurred in response to a federal, state, or local state of emergency (including the
COVID-19 pandemic or similar national emergency), including providing personal protective
equipment, supplies, staffing, and additional services (including additional health and safety
services or requirements).
5.5.2 If the parties are unable to agree on a rate adjustment,then service shall continue at the existing rate
for an additional 120 days at which time the either party may terminate the contract.
5.5.3 Termination based on 5.5.2 above must be issued by written notice to either party/both parties with
a minimum of 120 days continued service prior to cancellation of service.
6. 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 Schedule 7: 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.
7. 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.
Bid 21-065 Contract Page 3 of 35
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 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.
8. 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.
9. 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.Contractor may seek judicial review thereof pursuant to Rule 106(a)(4),C.R.C.P. During the pendency
of any such review,the decision of Pueblo Transit's Board of Directors shall remain in full force and effect.
10. Termination
10.1 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.
10.2 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.
10.3 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.
11. 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.
Bid 21-065 Contract Page 4 of 35
12. Assignment
Contractor may not assign or sublet this Contract or any provisions herein without the advance written approval of
Pueblo Transit which approval shall not be unreasonably withheld, conditioned or delayed.
13. 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,excepting only claims based solely on the indemnified parties'gross negligence,bad faith,
or intentional acts. 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.
14. 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.
15. 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 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.
16. 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.
17. 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.
Bid 21-065 Contract Page 5 of 35
18. 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.
19. 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 Unitcd States to enter into such litigation to protect the interests of the
United States.
20. 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.
21. Conflict of Interest
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.
Bid 21-065 Contract Page 6 of 35
22. 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:
Pueblo Transit
Attn: Benjamin Valdez, Director
350 S. Alan Hamel Ave.
Pueblo, Colorado 81003
To Contractor if mailed by certified mail,postage prepaid to:
MV Public Transportation,Inc.
Attn: Dorothea DePrisco,Vice President of Business Development
5910 N. Central Expressway, Suite 1145
Dallas, Texas 75206
23. 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.
24. 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 limits 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
Bodily Injury and Property Damage (Combined Single Limit). This insurance shall include uninsured/underinsured
motorist coverage required by law and such insurance coverage may not be waived,rejected or otherwise lowered.
The Certificate of Insurance shall name Pueblo Transit and the City of Pueblo as Additional Insured 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.
25. 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.
Bid 21-065 Contract Page 7 of 35
26. 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.
27. 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.
28. 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.
29. 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 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.
30. 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.
31. 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.
32. Force Majeure
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached
this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure
or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not
limited to fire, floods, embargoes, war, acts of war, insurrections,riots, strikes, lockouts or other labor disturbances,
or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or
remove such causes of nonperformance,and shall continue performance hereunder with reasonable dispatch whenever
such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure
to perform that occurs by reason of force majeure.
33. State-Imposed Mandates Prohibiting Workers Without Authorization from Performing Work Under This
Contract
(a) At or prior to the time for execution of this Contract, Contractor shall submit to the Purchasing
Agent of the City its certification that it does not knowingly employ or contract with a"worker without authorization",
as that term is defined within §8-17.5-101 (9), C.R.S. (herein "Worker without Authorization"), who will perform
work under this Contract and that the Contractor will participate in either the "E-Verify Program" created in Public
Law 208, 104th Congress, as amended and expanded in Public law 156, 108th Congress, as amended, that is
administered by the United States Department of Homeland Security or the "Department Program" established
Bid 21-065 Contract Page 8 of 35
pursuant to section 8-17.5-102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and
Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to
perform work under this Contract.
(b) Contractor shall not:
(i) Knowingly employ or contract with a Worker without Authorization 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 a Worker without Authorization to perform work under
this Contract.
(c) The following state-imposed requirements apply to this Contract:
(i) The Contractor shall have confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in either the E-Verify Program
or Department Program.
(ii) The Contractor is prohibited from using either the E-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this Contract is being performed.
(iii) If the Contractor obtains actual knowledge that a subcontractor performing work under this
contract knowingly employs or contracts with a Worker without Authorization to perform work under this Contract,
the Contractor shall be required to:
A. Notify the subcontractor and the Purchasing Agent of the City within three (3)
days that the Contractor has actual knowledge that the subcontractor is employing or contracting with a Worker
without Authorization;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 Worker without Authorization ; 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 a Worker without Authorization.
(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 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.
(e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms of
participation in the E-Verify Program.
34. Collective Bargaining Agreement
If Contractor enters into a collective bargaining agreement with any union with respect to its employees performing
the Scope of Services,the wages and other benefits payable thereunder shall be the sole responsibility of the Contractor
and shall not give rise to or constitute grounds to increase Contractor's compensation hereunder.
35. 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.
Bid 21-065 Contract Page 9 of 35
36. Binding Effect
This contract shall be binding upon and inure to the benefit of Pueblo Transit and Contractor and their respective
successors.
37. 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.
38. 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 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.
39. 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 he 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.
40. 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.ID, 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.
41. 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.
Bid 21-065 Contract Page 10 of 35
DocuSign Envelope ID: 39871901-E642-4465-BCC4-48A5F6984793
42. 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.
MV PUBLIC TRANSPORTATION,INC.
DocuSigned by:
By:
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PUEBLO TRANSIT
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Benjamin Valdez, Director of Pueblo Transit
Appendix A
Scope of Service
Excerpt from Request for Proposal dated September 14,2021 Section 2
2.2 Scope of Service:
2.2.1 Contractor's Responsibilities
Contractor shall be responsible for the provision of Citi-Lift service consistent with 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.
2.2.1.1 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 the Director of Pueblo
Transit.
2.2.1.2 General Manasement
Contractor shall provide general management and supervision at a level and capability sufficient to
ensure the delivery of the highest possible quality service. Contractor shall designate an Operations
Manager to make decisions and actively coordinate Citi-Lift operations. The individual selected
shall be retained as an employee of the Contractor. The Operations 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 requires that the Operations Manager be dedicated exclusively to the Citi-Lift project
and that the Operations Manager's time will be dedicated to on-site management of the Citi-Lift
operations to ensure that Citi-Lift service meets and/or exceeds the performance standards described
herein.
The Operations Manager must be available by local telephone,cell phone,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 Operations Manager cannot be reached.
Pueblo Transit shall direct all official correspondence and notifications to the Operations Manager
for response and appropriate action on behalf of Contractor. The Operations 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 Operations Manager must have a minimum of three (3) years of previous experience in the
management of passenger transportation operations, including at least two (2) years of direct
supervisory experience with drivers, scheduling, and dispatch personnel, as well as a proven
Bid 21-065 Contract Page 12 of 20
capacity to work effectively with paratransit customers and the general public. The Operations
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 Operations
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 Operations Manager without the written consent of Pueblo Transit.
In the event that the Operations 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 Operations Manager, unless the departing employee
has provided less notification to Contractor.
In the interim period when the position of Operations Manager is vacant,Contractor shall assign a
senior management official or other qualified supervisor, approved by Pueblo Transit, to serve as
the interim Operations 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.
2.2.1.3 Personnel
Contractor shall provide all employees, including schedule makers, dispatchers, road supervisors,
safety and training staff,and 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, the following: 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.
2.2.1.4 Drivers
Contractor shall 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 and 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
regulations. All safety sensitive employees shall comply with Pueblo Transit drug/alcohol testing
procedures.
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 the Contractor,using a chemical analysis of samples of urine by
Bid 21-065 Contract Page 13 of20
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.
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 Driver's 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 taillights;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.
2.2.1.5 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.
The current Contractor leases office space from Pueblo Transit. The option to lease will be available
for the next contract term. The monthly rate for 2022 is expected to be$600.00 per month;however,
monthly rates may vary from year to year.
Contractor shall provide all equipment and supplies, including at a minimum three(3)support/spare
vans, internet and telephone lines for offices and dispatch use,and all required insurance. Pueblo
Transit will supply a 2-way radio system.
Contractor shall provide all oil and lubricants for any support/spare vehicles. Contractor shall
provide all fuel and tires required for vehicle maintenance schedule and upkeep for all revenue and
non-revenue vehicles,as necessary for the performance of this Contract.
Contractor shall be responsible for repairing or replacing any windshields on revenue and non-
revenue vehicles that are damaged during the performance of this Contract.
Contractor shall be responsible for all vehicle repairs due to accidents or driver negligence.
Bid 21-065 Contract Page 14 of-20
2.2.1.6 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 US
DOT regulations. Reservations through Contractor's employees shall be accepted by telephone
Monday through Saturday from 6:00 a.m. until 6:00 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.
The telephone reservation system shall also be capable of tracking the necessary performance data
required to report to the Federal Transit Administration such as,on-time performance,total number
of calls lost,and average waiting time.
Contractor shall provide three (3) incoming telephone lines. These phone lines should be
operational Monday through Friday between the hours of 6:00 a.m. and 6:30 p.m., two (2) of the
Contractor's employees shall be available to answer the phones as their primary function during
these hours.
2.2.1.7 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.
2.2.1.8 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 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 US
DOT regulations. The sensitivity training must emphasize treating persons with disabilities with
courtesy and respect and the types of disabilities drivers may encounter.
Bid 21-065 Contract Page 15 of20
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 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.
2.2.1.9 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.
2.2.1.10 Accident and Incident Investigation
Any accident or incident involving Contractor, Pueblo Transit, or any third party shall be
immediately recorded and investigated by Contractor. Contractor shall inform Pueblo Transit by
telephone immediately following the occurrence of any accident or incident and furnish 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(Attachment L).
2.2.1.11 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(Attachment L).
2.2.1.12 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
Bid 21-065 Contract Page 16 of 20
Pueblo Transit. Contractor's employees shall not attempt to open fareboxes or handle fares
collected from passengers. Contractor's employees shall not keep fareboxes overnight nor take
fareboxes home with them.
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.
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.
2.2.1.13 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 reports summarizing total passengers, revenue,deadhead miles and hours operated.
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
I. 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.
Bid 21-065 Contract Page 17 of 20
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.
2.2.1.14 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.
2.2.1.15 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.
2.2.1.16 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. No revenue vehicle should be driven outside of the City limits.
2.2.1.17 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.
2.2.2 PUEBLO TRANSIT'S RESPONSIBILITIES
2.2.2.1 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.
2.2.2.2 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.
As of August 3,2021,the revenue fleet shall include the following vehicles:
23 255920 2010 Ford E450 255920 Red
24 315487 2010 Ford E450 315487 Blue
26 327328 2010 Ford E450 327328 Brown
27 262975 2010 Ford E450 262975 Purple
151 167742 2015 Ford E350 167742 White
152 183387 2015 Ford E350 183387 White
Bid 21-065 Contract Page 18 of 20
161 176470 2015 Ford E350 176470 Yellow
162 191923 2016 Ford E350 191923 Blue
163 158724 2016 Ford E350 158724 Orange
193 41412 2019 Ford Transit 350 HD 41412 Blue
194 38388 2019 Ford Transit 350 HD 38388 Green
195 41777 2019 Ford Transit 350 HD 41777 Blue
204 10037 2019 Ford Transit 350 10037 Red
205 16915 2019 Ford Transit 350 16915 Green
209 10364 2019 Ford Transit 350 10364 Purple
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.
2.2.2.3 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 driver's negligence which shall be
the responsibility of the Contractor.
The Contractor shall be responsible for supplying oil, lubricants, fuel, tires, and windshield
repair/replacement as detailed in Section 2.2.1.5. Pueblo Transit shall be responsible for all other
normal expenses, as they are incurred, for maintenance or repairs to the vehicles, including labor,
materials and parts which are required.
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.
2.2.2.4 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.
2.2.2.5 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.
2.2.2.6 Level of Service
Pueblo Transit shall authorize Contractor to operate up to twelve (12) revenue vehicles with the
purpose to provide paratransit services and to avoid denial of service.
2.2.2.7 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. If a 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-
Bid 21-065 Contract Page 19 of20
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.
2.2.3 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 Attachment L—Liquidated
Damages Amounts, Pueblo Transit will assess liquidated damages for performance which falls below a
specified threshold with respect to the following areas:
• Trips Denials
• Schedule Adherence
• Safety Performance
• Submittal of Reports
• Customer Complaints
• Uniforms
Excerpt from Addendum No.2 dated October 12,2021
1. Section 2.—Objective,Scope of Service,and Mandatory Requirements is hereby revised as follows:
a. Section 2.2.1.5—Facilities and Equipment-the requirement for three(3)support/spare vans is hereby
removed.
b. Section 2.2.1.6 —Telephone Information and Reservations —the times for telephone reservations in
paragraph two are revised to 6:00 a.m. until 6:30 p.m.
Bid 21-065 Contract Page 20 of 20
LEASE AGREEMENT BY AND BETWEEN
CITY OF PUEBLO AND
MV PUBLIC TRANSPORTATION, INC.
THIS LEASE made this 15` day of January, 2022 by and between the City of Pueblo, a Municipal Corporation,
hereinafter referred to as "City", as Lessor, and MV Public Transportation, Inc., a California Corporation authorized
to do business in the State of Colorado,hereinafter referred to as"Lessee."
1. The City hereby leases to Lessee the following described property consisting of eleven(1 1)6 to 10 passenger
wheelchair accessible vans herein"vehicles":
23 255920 2010 Ford E450 255920 Red
24 315487 2010 Ford E450 315487 Blue
26 327328 2010 Ford E450 327328 Brown
27 262975 2010 Ford E450 262975 Purple
151 167742 2015 Ford E350 167742 White
152 183387 2015 Ford E350 183387 White
161 176470 2015 Ford E350 176470 Yellow
162 191923 2016 Ford E350 191923 Blue
163 158724 2016 Ford E350 158724 Orange
193 41412 2019 Ford Transit 350 HD 41412 Blue
194 38388 2019 Ford Transit 350 HD 38388 Green
195 41777 2019 Ford Transit 350 HD 41777 Blue
204 10037 2019 Ford Transit 350 10037 Red
205 16915 2019 Ford Transit 350 16915 Green
209 10364 2019 Ford Transit 350 10364 Purple
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.
4. 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.
5. 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.
Bid 21-065 Lease Page 1 of 3
6. 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.
7. 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.
8. Insurance. Lessee will either 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 or shall be liable and responsible to City for payment of damages to any such Vehicle caused
by collision, upset, overturn, fire, theft or other casualty. 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. This insurance shall include uninsured/underinsured motorist coverage required by law and such
insurance coverage may not be waived,rejected or otherwise lowered. As required herein and under the Contract for
Citi-Lift services, the Certificate of Insurance shall name Pueblo Transit and the City of Pueblo as Additional
Insured. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Assignment. This Lease shall neither be assigned nor sublet by Lessee.
14. 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.
(Signature page follows)
Bid 21-065 Lease Page 2 of 3
DocuSign Envelope ID: 39871901-E642-4465-BCC4-48A5F6984793
IN WITNESS WHEREOF the parties have executed this Lease as of the date above written.
LESSEE: MV PUBLIC TRANSPORTATION,INC
f DocuSigned by:
kAit, � CO` — i LJ/ pVJ/(A -I--rukspovfel
ovu
Bya—C 9 Fair F4tE
1varteraul,CFO
LESSOR: CITY OF PUEBLO,A MUNICIPAL CORPORATION
c---DocuSigned by:
By
4 sF- 4/'b4SL
tciofas A. Gradisar,Mayor
Bid 21-065 Lease MV Transportation Page 3 of 6