HomeMy WebLinkAbout7527RESOLUTION NO. 7527
A RESOLUTION AWARDING THE SERVICE AGREEMENT FOR 199511996
SPECIALIZED TRANSPORTATION SERVICE, (RFP -94 -081) AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME.
WHEREAS, Proposals for 1995/1996 Specialized Transportation Service
(RFP -94 -081) were received and examined; and
WHEREAS, the Proposal of Pueblo Senior Citizens Resource Development
and Coordinating Agency, Inc. of Pueblo, Colorado was determined to be the most
responsive and responsible; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
A service agreement for 1995 -1996 Specialized Transportation Service
(RFP -94 -081) be, and the same is hereby awarded to said bidder in the amount of
15.04 per revenue hour in 1995 and not to exceed $180,480. In 1996 contingent
upon funding by City Council, the hourly amount shall be $15.52 per revenue hour
not to exceed $186,24 0.
SECTION 2.
The President of City Council be, and she is hereby authorized to execute
the contract on behalf of Pueblo, a Municipal Corporation and the Pueblo
Transportation Company, and the City Clerk shall affix the seal of the City
thereto and attest the same.
SECTION 3.
Funds for said project shall be paid from the 013 - 400 - 470 -000- 030 -0105
Transportation Company operations fund.
INTRODUCED: December 12 1994
BY : CHARLES JAS
Councilperson
I
t of the Council
ATTEST:
City dierk
Council Agenda
Title: Citi -Lift Paratransit Contract
Department:
ISSUE:
Pueblo Transpo Company
RECOMMENDATION:
Agenda Item #
Date: December 7, 1994
Should City Council enter into an agreement with SRDA to
contract for the City's "Citi- Lift" Transportation Service.
Staff recommends approval of the contract.
BACKGROUND: Since June 01, 1990, the Pueblo Transportation Company has
provided complimentary paratransit service (Citi -Lift) for
compliance with Section 504 of the Rehabilitation Act of 1973
and the American with Disabilities Act of 1991.
Citi -Lift services have been contracted out to Pueblo S.R.D.A.
since it's inception via the competitive bid process.
As in previous years, the City of Pueblo/Pueblo Transportation
Company solicited bids in October/November and On
November 28, 1994, bids were opened for the contract years
1995 and 1996. (Conditional upon appropriations by the
Pueblo City Council).
Two (2) bids were received and two (2) letters of "no bids" were
received, of the two (2) monetary bids, Pueblo SRDA has been
deemed the low, responsive, responsible bidder. (Bid Sheet
Attached).
FINANCIAL IMPACT: The cost for the service in 1995 is limited to 15.04 per revenue
hour or not to exceed amount of $180,480 for the year.
The cost for the service in 1996 is limited to $15.52 per revenue
hour or not to exceed amount of $186,240 for the year.
For FY 1995 $172,000 is budgeted for these contractual
services.
D o O
C
R--FP 94 -081
"CITI -LIFT" SPECIALIZED PARATRANSIT SERVICE
November 28, 1994 -- 2:00 p.m.
7
OPTIONS S.R.D.A. COlVISIS MAYT�'LOWER MACDONALD
Option #1 - (Contractor provides office facilities.
Year One (January 1 - December 31, 1995) $15.23 p.h. -- No Bid No Bid
Year Two (January 1 - December 31, 1996) $15.52 p.h. --
Optional Year Three (January 1 - December 31, 1997) -- --
Optional Year Four (January 1 - December 31, 1998) -- --
Option #2 - (City provides office facilities.
Year One (January 1 - December 31, 1995) -- $23.53 p.h.
Year Two (January 1 - December 31, 1996) -- $23.72 p.h.
Optional Year Three (January 1 - December 31, 1997) -- $24.40 p.h.
Optiona Year Four (January 1 - December 31, 1998) -- $25.09 p.h.
Total Year @ 12,000 hours $182,760 $282,360 No Bid No Bid
,,
V
Pueblo Senior Citizen Resource Development & Coordinating Agency Inc.
228 N. Union Avenue • Pueblo, Colorado 81003 • (719) 545 -8900 • Fax (719) 544 -7831
December 6, 1994
Pueblo Transportation Company
Mr. Don Saling
Director of Transportation
350 S. Elizabeth
Pueblo, CO 81003
Dear Don:
Per our discussion, I have revised our proposed budget and reduced it by
an additional $2,272.00.
Please find attached; our new proposed hourly rate of $15.04.
Thank you.
Since
Stephen G. Nawrocki
SRDA Executive Director
cc: Lew Quigley, City Manager
Gene Montoya, Administrative Asst /Personnel Director
SGN /ch
12/6/94
OW
Unlbedw+y
A United Way Agency
City of Pueblo's RFP 94 -081 Form 6
Please Note: All bids must be itemized on this form.
Failure to do so will result in the bid being judged non - responsive.
9. COST (Express all costs on a per -hour basis):
OPTION 1 - Contractor provides all office facilities:
Year One (January 1 - December 31, 1995) $15.04 per hour
Year Two (January 1 - December 31, 1996)
Optional Year Three (January 1 - December 31, 1997)
Optional Year Four (January 1 - December 31, 1998)
OPTION 2 - City of Pueblo provides office space (Operations Manager Office and
1 Dispatch /Scheduling Office):
Year One (January 1 - December 31, 1995)
Year Two (January 1 - December 31, 1996)
Optional Year Three (January 1 - December 31, 1997)
Optional Year Four (January 1 - December 31, 1998)
10. OPTIONAL E ent osts: 4 Vans @ cost er mile each
MILE
-- --- L S
12/ 6/94
SiLnpturky
Date
Stephen G. Nawrocki
Typed Name
Pueblo Senior Citizen Resource Development &
Coordinating Agency, Inc. (SRDA) Executive Director
Company
Title
CITY OF PUEBLO
CONTRACT FOR CITI -LIFT SERVICE
I
Procurement
II
Scope of Services
III
Time of Performance
IV
Independent Contractor
V
Compensation and Method of Payment
VI
Performance Standards/Liquidated Damages
VII
Inspections
VIII
Contract Changes
IX
Disputes
X
Termination
XI
Non - Waiver
XII
Assignment
XIII
Indemnity
XIV
Equal Employment Opportunity
XV
Disadvantaged Business Enterprise
XVI
Conflict of Interest
XVII
Notices
XVIII
Choice of Law
XIX
Insurance
XX
Performance Guarantee
XXI
Inspection of Records
XXII
Permitted Business
XXIII
Subcontracts and/or Third Party Contracts
XXIV
Contractor's Warranties
XXV
Non - Collusion
XXVI
Ethics
XXVII
Bribery
XXVIII
Force Majeure
XXIX
Entire Agreement
Appendices
A Scope of Work
B Performance Standards
C Certification Forms /Guidelines
D Lease Agreement
1
CONTRACT
for Citi -Lift Special Transportation Services between
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
and
PUEBLO SENIOR RESOURCE & DEVELOPMENT AGENCY
THIS Contract, made and entered into this day of ,1994, by and
between the City of Pueblo/Pueblo Transportation Company, with principal offices
at 350 South Elizabeth Street, Pueblo, Colorado 81003 (hereinafter referred to as
CITY), and Pueblo Senior Resource & Development Agency (SRDA) a Non -Profit
Agency with principal offices at 230 North Union Avenue. Pueblo, CO 81003
(hereinafter referred to as CONTRACTOR).
WITNESSETH:
WHEREAS, CITY 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, CITY invited proposals for said services and determined that the
CONTRACTOR was the lowest responsive and responsible bidder, and;
WHEREAS, CITY and CONTRACTOR desire to enter into a Contract
whereby CONTRACTOR is to furnish CITY'S requirements of Citi -Lift service for
a two -year period 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:
I. PROCUREMENT
For and in consideration of the compensation hereinafter set forth, CONTRACTOR
shall provide the 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.
2
II. SCOPE OF SERVICES
CONTRACTOR shall, upon receipt of CITY's notice to proceed, perform all work
necessary to complete in a manner satisfactory to CITY, the services set forth,
described and referenced in Appendix A: Scope of Work, attached hereto and by
this reference incorporated herein and made a part hereof.
III. TIME OF PERFORMANCE
A. The services to be performed under this Contract shall be for the two (2) year
period commencing January 1, 1995, and continuing through December 31,
1996, subject to annual appropriations of the City of Pueblo. Any provision of
this Contract or its attachments, or any renewal or extension permitted under
same, which imposes or may impose upon City, 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.
B. City shall have the option to extend this Contract for two additional one -year
periods, with first the option year commencing on January 1, 1997 and ending
on December 31, 1997, and the second option year commencing on January
1, 1998 and ending on December 31, 1998. The CITY will retain the option
to renew, with the mutual consent of the contracting parties, said contract at
the same prices, specifications, and terms and conditions of the contract that
will be derived from this request.
IV. INDEPENDENT CONTRACTOR
CONTRACTOR's relationship to CITY in the performance of this Contract is that
of an independent contractor. CONTRACTOR's personnel 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.
3
V. COMPENSATION AND METHOD OF PAYMENT
CITY agrees to pay CONTRACTOR, in accordance with the terms of this Contract,
all addenda and appendices related thereto and CONTRACTOR'S Proposal, the
following:
A. Payment of $15.04 per revenue vehicle hour actually operated by
CONTRACTOR. For the purposes of this Contract, a revenue vehicle hour
shall be defined as one (1) Citi -Lift revenue vehicle: 1) available to transport
passengers during a continuous sixty (60) minute period. Revenue vehicle
hours excludes all vehicle travel time to and from CITY's maintenance yard,
but includes travel time to /from the intended pickup point of no -show
passengers.
B. Maximum compensation during the first -year period shall not exceed $ 180,480 ,
and the second -year period shall not exceed $186,240.
C. CITY shall deduct from CONTRACTOR's monthly variable cost invoice the
following amounts:
1. Any amount which, based on reasonable cause, CITY determines has
been omitted, inaccurately or falsely reported by CONTRACTOR.
CITY has the right to monitor and periodically audit CONTRACTOR's
fare collection, revenue control and reporting procedures without
notice.
2. The amount which has been assessed by CITY as liquidated damages.
Such amounts shall be calculated by CITY according to the conditions
and procedures described in Paragraph VI and Appendix B: Liquidated
Damages of this Contract.
D. Payment of the above compensation shall be in accordance with the following
procedures:
1. On or before the fifteenth day of each month, CONTRACTOR shall
submit an invoice for revenue vehicle hours actually provided during the
preceding calendar month.
2. CITY shall not accept CONTRACTOR's invoice until all daily,
monthly, and occurrence reports that are required of CONTRACTOR,
are received in proper form by CITY.
4
3. CITY shall have the opportunity to investigate to its satisfaction that
the revenue vehicle hours billed by CONTRACTOR were actually
provided in accordance with the Contract. Subject to CITY's
verification of CONTRACTOR'S invoice, CITY shall make payment
within thirty (30) days following the acceptance of CONTRACTOR's
invoice. In the event CITY 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.
4. If the CITY disputes all or part of CONTRACTOR's invoice for
reasonable cause, it may withhold payment until such disputes are
resolved.
VI. PERFORMANCE STANDARDS/LIOUIDATED DAMAGES
CONTRACTOR specifically acknowledges that performance standards for Citi -Lift
service have been established by CITY.
CITY shall assess CONTRACTOR's performance and may impose liquidated
damages for revenue vehicle hours operated below the performance standards
identified in Appendix A: Scope of Work in the second year of the Contract.
Liquidated damages shall be applied according to the schedule contained in
Appendix B: Liquidated Damages.
CITY shall have the right to modify Citi -Lift performance standards at any time to
accommodate passenger needs. In such event, CITY shall notify CONTRACTOR
of changes at least thirty (30) days prior to the effective date of such changes.
CITY shall waive the liquidated damages where circumstances are clearly beyond the
control of the CONTRACTOR. Any request for such waiver by CONTRACTOR
shall be considered by CITY's Director of Transportation, whose decision shall be
considered final.
VII. INSPECTION AND AUDIT OF RECORDS
CITY 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. CITY shall have the right to reject all revenue vehicle hours
which fail to comply with the Scope of Work and requirements of this Contract and
the documents incorporated herein. However, CITY is under no duty to make such
inspections and no inspection or evaluation so made shall relieve CONTRACTOR
from any obligation of this Contract and the documents incorporated herein.
A. CONTRACTOR shall maintain complete and accurate books of account and
records of its business operations under and in connection with this Contract
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.
B. Within thirty (30) days after the expiration or termination of this Contract,
and at such other times as CITY may reasonably request, CONTRACTOR
shall furnish and deliver reports of its business operations in such detail as
CITY may prescribe.
C. All reports furnished by CONTRACTOR in accordance with this Contract
shall be certified by an officer of CONTRACTOR, be correct and in
accordance with CONTRACTOR's books of account and records.
D. CONTRACTOR shall provide annually to CITY, within ninety (90) days
following the end of the year, a report certified by CONTRACTOR's
independent certified public account that the information and reports
furnished by CONTRACTOR to CITY have been maintained and furnished
in accordance with CONTRACTOR's books of accounts and records and in
accordance with the requirements of this Contract. CONTRACTOR shall
permit authorized representatives of CITY to inspect and audit all data and
records of CONTRACTOR relative to the performance of this Contract.
6
VIII. CONTRACT CHANGES
CITY reserves the sole and absolute right to make changes in Citi -Lift service from
time to time as dictated by CITY's needs. If such changes require an annualized
adjustment in the number of revenue vehicle hours provide of more than twenty -five
percent (25 %) of the base level of service identified in Appendix A: Scope of Work,
paragraph C.6, CONTRACTOR and CITY shall in good faith negotiate an
adjustment in the rate per revenue vehicle hour. Any such change shall require that
this Contract be modified in writing and executed by the duly authorized
representative of CITY and CONTRACTOR.
IX. 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 CITY's Director of Transportation who
shall render a decision in writing on the issues in dispute and mail or otherwise
furnish a copy thereof to CONTRACTOR. CONTRACTOR agrees to proceed in
a manner consistent with the decision(s) of CITY's representative.
X. TERMINATION
Subject to the provisions below, any Contract derived from this Request for Proposal
may be terminated by either party upon ninety (90) days advance written notice to
the other party; but if any work or service hereunder is in progress but not completed
as of the date of termination, then said Contract may be extended upon written
approval of the PTC until said work or services are completed and accepted.
A. Default
CITY may terminate this Contract in any of the following circumstances:
1. If CONTRACTOR fails to provide the services required by this
Contract within the time(s) specified herein; or
2. If CONTRACTOR fails to perform any of the other provisions of this
Contract or so fails to make progress as to endanger performance of the
Contract in accordance with its terms, and in either of these two
circumstances does not cure such failure or breach within a period of
ten (10) days after written notice from CITY specifying such failure.
7
3. If after the ten (10) day period the failure to perform or breach
identified is corrected and then subsequently reoccurs as a chronic
failure.
C.
M
In the event of termination under this subparagraph, CITY 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. CITY's rights under this subparagraph
shall be in addition to any other rights provided by law or this Contract.
Convenience
Provision of the services called for in this Contract may be terminated by
CITY without cause upon ninety (90) days written notice to CONTRACTOR.
In such event, CONTRACTOR shall provide the services to the effective date
of termination, and CITY shall make payment in accordance with applicable
provisions of this CONTRACT for the revenue vehicle hours provided prior
to the effective date of termination.
Bankruptcy or Insolvency
CITY shall have the right to 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 for bankruptcy or insolvency
shall be immediate upon written notice thereof.
Termination Due to Unavailability of Funds in Succeeding, Fiscal Years
When funds are not appropriated or not otherwise made available to support
continuation of performance in a subsequent fiscal year, the Contract shall be
cancelled and the CONTRACTOR shall be reimbursed for the reasonable
value of any non - recurring costs incurred but not amortized in the price of the
supplies or services delivered under the Contract.
XI. NON - WAIVER
CONTRACTOR and CITY 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.
XII. ASSIGNMENT
CONTRACTOR agrees that no assignment of this Contract shall be made without
prior written permission from CITY.
XIII. INDEMNITY
CONTRACTOR hereby agrees to protect, indemnify and hold harmless CITY and
its elected and appointed directors, officers, agents and employees, from and against
any and all claims, suits, actions for loss damages, cost and expense (including
attorneys' fees) arising in any way from CONTRACTOR's activities under this
Contract. Such actions of CONTRACTOR shall include but not be limited to:
A. 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 CITY's design or method.
B. 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.
C. All claims, suits, actions, costs, counsel fees, expenses, damages, judgments or
decrees arising from personal injury, death or property damage.
0
D. Any and all loss incurred by illegal use or distribution of transfers by
unauthorized persons in CONTRACTOR's organization.
CONTRACTOR agrees promptly to notify CITY in writing of the assertion of any
such claim, suit or action in which CITY is named a defendant.
XIV. 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, religion, color, sex, age,
physical handicap 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, religion, color, sex, age, physical handicap
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.
A. 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 the CITY, 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.
B. Non - discrimination
With regard to the work performed during the Contract, CONTRACTOR
shall not discriminate on the grounds of race, color 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.
10
C. 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 or national origin.
D. 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 CITY 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 CITY and shall set forth what
efforts it has made to obtain the information.
E. Incorporation of Provisions
CONTRACTOR shall include the provisions of subparagraphs A through D
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 CITY 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 CITY to enter into such litigation to protect the interests of CITY,
and, in addition, CONTRACTOR may request the United States to enter into
such litigation to protect the interests of the United States.
11
XV. 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, apply 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 Agreement. 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, religion, sex, national origin or disability 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.
XVI. 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 CITY 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 CITY approval; and, (c) The award is the low responsive and
responsible bid.
12
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 CITY, 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.
XVII. NOTICES
Any notice or order provided for in this Contract shall be considered as having been
given:
A. to CITY if hand delivered or mailed by certified mail, postage prepaid to:
Director of Transportation
City of Pueblo Transportation Department
350 S. Elizabeth Street
Pueblo, Colorado 81003
B. to CONTRACTOR if mailed by certified mail, postage prepaid to:
Executive Director
Pueblo Senior Resource & Development Agency
230 North Union Avenue
Pueblo, Colorado 81003
XVIII. CHOICE OF LAW
This Contract shall be construed and interpreted in accordance with the laws of the
State of Colorado.
13
XIX. INSURANCE
The successful proposer shall indemnify, defend and hold harmless CITY and its
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 or
the delivery of the product under this Contract. Prior to commencing work,
CONTRACTOR shall furnish a Certificate of Insurance showing the minimum limit
of insurance coverage.
A. WORKER'S COMPENSATION - Statutory limits required by State law.
B. EMPLOYERS' LIABILITY - $500,000 minimum limit.
C. COMPREHENSIVE GENERAL LIABILITY - $500,000
- Bodily Injury and Property Damage (Combined Single Limit)
D. COMPREHENSIVE AUTOMOBILE LIABILITY - $3,000,000
- Bodily Injury and Property Damage (Combined Single Limit)
The Certificate of Insurance shall name CITY as Additional Insured on all policies
covered by the Certificate as to work performed for or on behalf of CITY, services
provided to or rendered on behalf of CITY, or goods delivered to CITY. 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.
Comprehensive General Liability coverage shall include Premise /Operations;
Dependent Contractors; Products /Completed Operations; and Perils of Explosion,
Collapse and Underground Liability (XCU); Personal Injury, Broad Form Property
Damage including Completed Operations.
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 CITY's Director
of Transportation 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.
14
XX. 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, and CITY, 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 CITY under this Contract.
XXI. 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 CITY with evidence of compliance with
the provisions of this paragraph.
XXII. 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 CITY.
CONTRACTOR shall be solely responsible for all legal and financial responsibilities
relating to execution of contracts or third party agreements.
XXIII. 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 the CITY an
opinion of counsel, acceptable to the CITY, that this Contract is legally binding upon
CONTRACTOR and shall furnish to the CONTRACTOR a certified copy of the
resolution authorizing the execution of this Contract.
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XIV. 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 CITY 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 CITY shall be admitted
to any share or part of this Contract or to any direct benefit arising therefrom.
XXV. ETHICS
CONTRACTOR shall maintain a written code or standard of conduct which shall
govern the performance of its officers, employees or agents engaged in the
administration of this Contract.
XXVI. BRIBERY
CONTRACTOR certifies that: (a) It has not committed bribery or attempted to
bribe an officer or employee of CITY; (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.
XXVIL FORCE MA.IEURE
CITY 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, or other similar acts beyond reasonable control of CITY.
16
XXIII. ENTIRE AGREEMENT
This Contract, together with appendices hereto and documents incorporated herein
by reference, constitute the entire agreement between CITY and CONTRACTOR,
supersedes any and all prior written or oral agreements or understandings, and may
be modified only by a writing executed by both CITY and CONTRACTOR.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Contract
as of the date first above written.
CITY OF PUEBLO, A MUNICIPAL CORPORATION
B �
'e
CONTRACTOR
By: �� l4CLotcLt.u: �/��C.007cZ-
Title Vice Chair, SRDA Board of Directors
17
APPENDIX A
SCOPE OF WORK
APPENDIX A
SCOPE OF WORK
This Scope of Work contains technical specifications for Citi -Lift paratransit services
to be provided by CONTRACTOR to CITY.
A. DESCRIPTION OF SERVICE
Citi -Lift is the City of Pueblo's complimentary paratransit service as required by the
Americans with Disabilities Act (ADA), and as described in 49 CFR Part 37 and
PTC guidelines. Citi -Lift service is available to eligible persons only. Passenger
eligibility is determined exclusively by CITY.
Using vans and small buses owned and maintained by CITY, CONTRACTOR
operates up to four revenue vehicles in pre - scheduled, demand responsive service six
days per week, Monday through Saturday, 6:45 a.m. until 6:45 p.m. The service area
includes the incorporated limits of the City of Pueblo, Colorado. CONTRACTOR
is responsible for telephone information, passenger reservations, vehicle scheduling
and dispatching, as well as insurance and administrative offices.
B. CONTRACTOR's RESPONSIBILITIES
CONTRACTOR shall be responsible for the provision of Citi -Lift service consistent
with the requirements of CITY as described in this Scope of Work. 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.
A -1
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
permitted without the prior written permission of CITY.
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 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 Operations Manager shall be responsible for
the safe and reliable provision of services referenced in this Scope of Work, including
direct supervision of the work of CONTRACTOR's personnel.
CITY shall not require that the Operations Manager be dedicated exclusively to the
Citi -Lift project; however, CONTRACTOR must identify the percentage of the
Operations Manager's time that will be dedicated to on -site management of Citi -Lift
operations. At a minimum, the Operations Manager shall devote at least two (2)
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 Operations
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.
The Operations Manager must be available by local telephone, electronic beeper, 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 and the
Operations Manager cannot be reached.
CITY shall direct all official correspondence and notifications to the Operations
Manager for response and appropriate action on behalf of CONTRACTOR. The
Operators Manager shall be available to meet with PTC staff at least once per
month, or more often as required by CITY, to discuss and resolve any matter raised
by CITY or CONTRACTOR.
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The Operations 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 Operations Manager shall show by ongoing
decision and action to be competent in all aspects of the operation of service.
If at any time, CITY determines that 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 CITY within thirty (30)
days following issuance of CITY's written request.
CONTRACTOR shall not replace or remove the Operations Manager without the
written consent of CITY. In the event that the Operations Manager terminates from
the employ of CONTRACTOR, the resume and qualifications of a proposed
replacement shall be submitted to CITY for approval. Such qualifications shall be
submitted as soon as possible, but in no event later than five (5) working days prior
to the departure of the incumbent Operations Manager, unless the departing
employee has provided less notification to CONTRACTOR.
If the position of Operations Manager remains vacant for more than ten (10)
working days, CONTRACTOR shall assign a senior management official or other
qualified supervisor approved by CITY 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.
3. Supervisory Personnel
CONTRACTOR shall provide all supervisory employees, including scheduler makers,
dispatchers, road supervisors, safety and training staff, clerical and other office
personnel necessary to operate Citi -Lift service to the satisfaction of CITY. The
duties of these employees shall include, but not be limited to: Accept 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.
A -3
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 or DWI 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 CITY 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 CITY six (6) months after
commencement of service, and 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 PTC /City of Pueblo 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 CONTRACTOR,
using a chemical analysis of samples of blood or urine by a recognized hospital,
clinic, or laboratory approved by CITY.
CONTRACTOR shall be responsible for removing from service any driver who at
any time fails to meet minimum qualifications specified in this Scope of Work, 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 Work. 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.
A -4
Citi -Lift drivers shall at all times while on duty wear a uniform which is neat, clean
and free from apparent wear. CONTRACTOR shall describe the uniform and dress
code in its written proposal to CITY, and 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
All offices and other facilities necessary to support CONTRACTOR's activities under
this Contract shall be provided by CONTRACTOR. For practical reasons, such
facilities should be located near CITY's operating facility located at 350 S. Elizabeth
Street 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.
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 bus 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 CITY
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 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.
A -5
Two (2) incoming telephone lines shall be provided by CONTRACTOR between the
hours of 8:00 a.m. and noon, Mondays through Fridays. During these hours, 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 manual or computer- assisted system for developing
daily routes incorporating all reservations received, and producing driver
manifests /route itineraries. The system must be sufficiently efficient to generate
average monthly ridership exceeding two point zero (2.0) passengers per revenue
vehicle hour. 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.
At any time during the term of this Contract, CITY, at its sole option, may elect to
acquire a computer software package to assist CONTRACTOR with passenger
reservations and/or vehicle scheduling. In such event, CONTRACTOR shall take all
reasonable measures to cooperate fully with CITY to make complete use of such
software. CITY shall have the exclusive right to determine the attributes and
capabilities of such software, and shall bear the costs of purchasing and installing the
system on CONTRACTOR's fully compatible hardware. CITY shall provide at least
sixty (60) days advance notification to CONTRACTOR of its intent to supply such
software to enable CONTRACTOR to supply a personal computer with sufficient
memory, operating system, and peripheral devices to support use of the software.
CITY shall bear the reasonable cost of training up to two (2) of CONTRACTOR's
employees in the use of the software prior to making the system operational.
8. Training and Safetv
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 be generally comparable to training provided by
the CITY to PTC employees.
A -6
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) must be provided to all drivers by a certified
Passenger Assistance trainer and is provided as part of the 80 hours. 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 teaching
about different types of disabilities.
The training program shall include a safety component, through which Citi -Lift
passengers, CONTRACTOR and CITY 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.
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 PTC fixed routes.
A -7
9. Handling Operational Emergencies
CONTRACTOR shall develop, implement and maintain formal written procedures
to assist its employees to effectively handle 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 CITY at least five (5) days following prior to the initiation of service
delivery.
10. Accident and Incident Investigation
Any accident or incident which might cause injury to CONTRACTOR, CITY, or
third party shall be immediately recorded and investigated by CONTRACTOR.
CITY shall be informed by telephone immediately following the occurrence of any
accident or serious 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 CITY in
narrative format. CONTRACTOR shall submit written documentation of its
accident and incident handling procedures to CITY at least five (5) days following
prior to the initiation of service delivery.
11. Service Complaints
CONTRACTOR shall cooperate fully in the complaint resolution process
administered by CITY. Passengers shall be advised that complaints are to be
directed to PTC at a telephone number established for such purpose. All customer
complaints about Citi -Lift service received by CONTRACTOR shall be referred to
CITY for processing.
Using a form provided by CITY, PTC 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 provide an
explanation of the complaint or problem in writing. Such response shall be made on
CITY's form and be in sufficient detail, including the action(s) taken to resolve the
complaint or problem.
A -8
12. Fare Collection
CONTRACTOR shall charge fares and strictly adhere to fare policies established by
CITY. CONTRACTOR shall be solely responsible for the collection of fares using
the fareboxes provided by CITY. CONTRACTOR's employees shall not attempt
to open fareboxes or handle fares collected from passengers.
A daily revenue summary report shall be submitted to CITY 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 no fare passengers; and total passengers carried.
CONTRACTOR shall be required to retain all completed Citi -Lift service schedules
for inspection by CITY for a maximum of three (3) years from date of final payment
under the Contract. CONTRACTOR's vehicle operators shall have recorded 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 CITY's discretion.
13. Data Collection, Record - Keeping and Reporting
CONTRACTOR shall submit operating data and other information to the
satisfaction of CITY, according to a schedule established by CITY. As part of the
RFP Package, CONTRACTOR shall submit samples of data collection,
recordkeeping and reporting forms as prescribed in this section for the CITY's
review. CONTRACTOR shall make reasonable modifications at the request of the
CITY and shall cooperate fully with the CITY if modifications are needed over time.
CITY 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 CITY.
A -9
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
Appendix A: Scope of Work.
B. Monthly Reports
1. Operating report summarizing total passengers, revenue and 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
1. CONTRACTOR shall collect Section 15 random trip sample data as
directed using forms provided by CITY and provide other information
required under Section 15.
2. CONTRACTOR shall cooperate with the CITY in the conduct of
periodic opinion and ridership surveys.
CONTRACTOR shall permit personnel authorized by CITY 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.
A -10
14. Accounting
All costs incurred in the performance of this project shall be 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 CITY.
15. Marketing Assistance
CONTRACTOR may periodically be requested to participate in various aspects of
CITY'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 CITY. No materials shall be
distributed unless approved by CITY.
14. Non - Authorized Use of Revenue Vehicles
CONTRACTOR shall not be permitted to use the revenue vehicles used to provide
the paratransit services described in this Scope of Work for any other service unless
directed to do so by CITY.
16. Advertising on Vehicles
No exterior or interior advertising shall be permitted on any revenue vehicle without
the prior written approval of CITY. This applies to both commercial and non-
commercial advertising.
C. CITY's RESPONSIBILITIES
1. Service Characteristics
CITY shall have the exclusive right to determine all characteristics of Citi -Lift
service. CITY, at its sole option, may modify the service level, fare, eligibility criteria,
or any other aspect of Citi -Lift service.
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2. Revenue Vehicles
CITY shall provide all vehicles used to provide Citi -Lift service. Vehicles shall be
provided in "AS IS" condition. CONTRACTOR shall maintain the vehicles in good
condition and state of repair, and upon termination of the Contract shall surrender
possession thereof to CITY in the same condition, reasonable wear and tear
excepted. CITY makes no representation or warranty or 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 January 1, 1995, the revenue fleet shall include the following vehicles:
Year
Make /Model
Mileage
Seats
Accessible
Features
1993
Chrysler Caravan
14,267
6 - 2 W/C
W/C Ramp
1993
Chrysler Caravan
13,399
6 - 2 W/C
W/C Ramp
1990
Ford Econoline
147,983
12 - 2 W/C
W/C Lift
1990
Ford Econoline
149,326
12 - 2 W/C
W/C Lift
1990
Ford Econoline
152,143
12 - 2 W/C
W/C Lift
All Citi -Lift revenue vehicles shall be owned by CITY and housed at CITY's
operating facility located at 350 S. Elizabeth Street near downtown Pueblo.
CONTRACTOR shall have no right, title, or interest therein except for the right to
use the vehicles on the terms set forth in this RFP.
3. Revenue Vehicle Maintenance
CITY 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. CITY shall be responsible for all expenses,
as they are incurred, of maintenance or repairs of the vehicles, including labor,
materials and parts which are required, except CONTRACTOR shall be responsible
for repairs due to accidents or driver negligence.
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I I M 11 111
All maintenance shall be in accordance with the manufacturer's suggested
maintenance schedule, and CONTRACTOR shall be responsible for scheduling
vehicles for routine maintenance. CITY 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 CITY. 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 inspection
reports to CITY's maintenance foreman or other designated employee prior to
departing CITY's yard with the vehicle.
4. Marketing
CITY shall be responsible for all marketing and promotional activities relating to the
transit services provided, but may request assistance of CONTRACTOR as described
in Paragraph A.13 of this Scope of Work.
5. Liaison with Local Jurisdictions
CITY 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 meeting or perform specific liaison
activities on behalf of, or in conjunction with, CITY staff.
6. Level of Service
CITY shall authorize CONTRACTOR to operate up to twelve thousand (12,000)
revenue vehicle hours per year. This base level of service may be adjusted at the sole
discretion of CITY at any time during this Contract.
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For the purposes of this RFP, a revenue vehicle hour shall be defined as one (1) Citi-
Lift revenue vehicle: 1) available to transport passengers during a continuous sixty
(60) minute period; and (2) actually transporting passengers for at least thirty -one
(31) minutes of that sixty (60) minute period. Revenue vehicle hours excludes all
vehicle travel time to and from the CITY's maintenance yard, but includes travel
time to /from the intended pickup point of no -show passengers.
CONTRACTOR specifically agrees to invoice CITY only for revenue vehicle hours
actually provided. A recommended distribution of revenue vehicles is shown on the
following table. CONTRACTOR shall exercise its best professional judgement to
adjust vehicle distribution as necessary to maximize Citi -Lift service productivity.
Time Period
Number of Vehicles
Revenue Vehicle Time
6:45 a.m. - 7:00 a.m.
2
:30
7:01 a.m. 10:00 a.m.
4
12:00
10:01 a.m. - 1:00 P.M.
3
9:00
1:01 p.m. - 5:00 p.m.
4
16:00
5:01 p.m. - 6:00 p.m.
3
3:00
6:01 p.m. - 6:45 p.m.
2
1:30
TOTAL WEEKDAY
42:00
6:45 a.m. - 6:45 p.m.
2
24:00
TOTAL SATURDAY
24:00
ANNUAL
SCHEDULED
REVENUE VEHICLE
HOURS
11,958
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7. Suspension of Operation
In the event of heavy snowfall, extreme cold, natural disaster, or other special
circumstance which is outside of the control of CITY and CONTRACTOR, CITY's
Director of Transportation may determine that some or all Citi -Lift service shall be
suspended for a defined period of time. In such event of any suspension of
operation, CONTRACTOR shall be compensated only for those revenue vehicle
hours actually provided.
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 -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 expressed verbal approval of CITY's Director of
Transportation. CONTRACTOR may request permission of CITY to suspend
service for reasonable causes; 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 attempt to operate paratransit services that meet
or exceed the minimum performance standards described in this Scope of Work.
Under the circumstances defined in Appendix B of the Contract, CITY may assess
liquidated damages for performance which falls below a specified threshold with
respect to the reliability and safety of service provided during the second year of the
Contract. The following areas will be subject to liquidated damages:
1. Schedule Adherence
2. Safety Performance
3. Submittal of Reports
4. Customer Complaints
5. Service Productivity
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APPENDIX B
PERFORMANCE STANDARDS
APPENDIX B
PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES
CONTRACTOR shall at all times be required to operate demand responsive services
which meet the minimum performance standards. Under circumstances as defined
in this section, CITY may assess liquidated damages for performance which falls
below a specified threshold with respect to the reliability and safety of revenue
service provided.
1. Schedule Adherence
CONTRACTOR shall endeavor to operate all buses according to scheduled pickup
and dropoff times. As a minimum standard of performance, CONTRACTOR shall
operate such that eighty -five percent (85 %) of all one -way passenger trips provided
during a calendar are on time per month. For purposes of this Contract, "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 CITY based upon
a routinely selected sample of trips operated by CONTRACTOR. CITY will
determine the exact number of demand responsive passenger trips selected from
completed operator trip manifests.
• During any given month when CONTRACTOR's schedule adherence falls
below 85 %, liquidated damages of two hundred and fifty dollars ($250) will be
assessed.
• During any given month when CONTRACTOR's schedule adherence falls
below 80 %, liquidated damages of three hundred and fifty dollars ($350) will
be assessed.
• During any given month when CONTRACTOR's schedule adherence falls
below 75 %, liquidated damages of five hundred dollars ($500) will be assessed.
No liquidated damages for schedule adherence will be assessed by CITY until April
1, 1995.
B -1
CONTRACTOR shall not falsify data. CITY reserves the right to utilize its own
employees or agents as observers to monitor the performance of CONTRACTOR.
If CONTRACTOR reports schedule data which is different from the observers'
reports, this may constitute grounds for termination of the Contract.
2. Safety Performance
CONTRACTOR shall be assessed liquidated damages in the amount of one hundred
dollars ($100) for each preventable accident occurring during the provision of Citi-
Lift service.
CONTRACTOR shall be assessed liquidated damages in the amount of fifty dollars
($50) for each traffic citation received by CONTRACTOR's drivers while providing
Citi -Lift service.
3. Submittal of Reports
CONTRACTOR shall submit all data, records and reports required by CITY within
the timeframe established for each document. CONTRACTOR's monthly invoice
shall not be accepted by CITY until such time as all reports covering the calendar
month represented by the invoice are provided.
4. Customer Complaints
CONTRACTOR shall be assessed liquidated damages in the amount of fifty ($50)
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 CITY.
5. Service Productivity
CONTRACTOR acknowledges that the number of Citi -Lift passengers per revenue
vehicle hour actually transported each month shall be at least two point zero (2.0)
passengers per hour. CONTRACTOR shall be assessed liquidated damages in the
amount of two hundred ($200) for each one -tenth (0.1) of a passenger per revenue
vehicle hour actually transported below two point zero (2.0) passengers per revenue
vehicle hour. Such calculation shall be made on a calendar month basis. Liquidated
damages are illustrated below:
B -2
Service Productivity
(Passengers per RVH)
2.0 or higher
1.9
1.8
1.7
1.6
1.5 or below
Liquidated Damagoes
(Dollars)
0
200
400
600
800
1,000
No liquidated damages for service productivity will be assessed by CITY until April
1, 1995.
B -3
APPENDIX C
CERTIFICATION FORMS /GUIDELINES
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Dear Sir/Madam:
Thank you for expressing interest in the Pueblo Citi -Lift Service.
Enclosed, please find a copy of the Service Guidelines and the Physician's
Assessment Criteria (application form) for the specialized transit service.
Once the Certification Form (Attachment B) has been completed and
signed by a Doctor of Medicine, as outlined in the attached forms, please
return this form to our office at Pueblo Transportation Company, 350 South
Elizabeth, Pueblo, Colorado 81003.
If you have any further questions, please do not hesitate to call this
office at 542 -4306.
Thank you!
350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306
Pueblo Transportation Company
Physicians Assessment of Qualifying Criteria
for Specialized Transit Service
The Pueblo Transportation Company of the City of Pueblo, is contracting with
SRDA for Specialized Transportation Services for individuals that are
disabled and cannot physically or mentally use regular public
transportation The service will be door -to -door service and each
passenger must be certified as unable to use regularly scheduled service
because of the nature of their disability, distance to regular bus stops or
the surrounding terrain. Attached is the Pueblo Transportation Company
Eligibility Criteria Statement and Physicians Certification Form (Yellow
Paper). In order for an individual to be eligible for this service, it is
necessary that a Doctor of Medicine, licensed in the State of Colorado,
certify the applicant's disability by completing, signing and returning the
Physicians Certification Form, Attachment A and B (Yellow Forms).
Please review the attached criteria before completing the certification
forms; also review the requirements under the appropriate disability heading
and check the disability that applies.
The Pueblo Transportation Company will utilize this information only for the
purpose of determining eligibility for specialized door -to -door service.
Information submitted will be treated as confidential and will not be
released to any other person, agency, institution, or organization without
the express written consent of the applicant.
Thank you for your cooperation.
350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306
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Eligibility Criteria for Specialized Transit Services
1. The user's physical, developmental or mentally disordered disabilities has
been certified within the guidelines, as outlined in Attachment A.
Certification of disability is to be completed by a Physician.
Once eligibility has been established in accordance with Item #1 above, the
following general guidelines will be considered for utilization of the SRDA
Specialized Transit Services.
2. The severity of the user's disabilities prevents him /her from safely boarding
a fixed route accessible bus without the assistance of the operator, or an
aide. It is the user's responsibility to provide an aide /guide when needed.
3. The user's necessary auxiliary equipment is too extensive (i.e., electric
wheelchair, etc.) to allow independent use or safety on a fixed route
service.
4. Memory and /or learning disabilities prevent the user from learning or
utilizing fixed route service.
5. Due to user's disability, transfer difficulties prohibit the user from
getting to /from the destination on fixed route service, or infrequency of
service can result in physical hardship to the user.
6. The distance between the user's home /destination and the bus stop on the
fixed route is too lengthy, or the terrain is to difficult (based on the
user's certified disability) to permit access to the fixed route service.
350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306
ATTACHMENT A
Pueblo Transportation Company
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PHYSICIANS CERTIFICATION CRITERIA
FOR SPECIALIZED TRANSIT ELIGIBILITY
THOSE INDIVIDUALS WHO, BY REASON OF ILLNESS, INJURY, CONGENITAL MALFUNCTION, OR
OTHER PERMANENT OR TEMPORARY INCAPACITY OR DISABILITY IS UNABLE AT THIS TIME TO
UTILIZE EXISTING LOCAL MASS TRANSPORTATION FACILITIES AND SERVICES EFFECTIVELY
WITHOUT SPECIAL FACILITIES OR EQUIPMENT.
PHYSICAL DISABILITIES:
1. Non - Ambulatory Disabilities. Impairments that, regardless of cause,
necessitate the use of a wheelchair.
2. Semi - Ambulatory Disabilities. Impairments that cause individuals to
walk with difficulty or insecurity '.icluding individuals using a long
leg brace, a walker or crutches to achieve mobility.
3. Semi - Ambulatory Disabilities. Persons who due to any cause, suffer
arthritis which causes a functional motor deficit in any two major limbs
(arms and /or legs).
American Rheumatism Association criteria may be used as a guideline for
the determination of arthritic handicap. Therapeutic Grade III or worse
and Functional Class III or worse and Anatomical State III or worse are
evidence of arthritic handicap.
4. Semi - Ambulatory Disabilities. Persons with amputation of; or anatomical
deformity of (i.e., loss of major function due to degenerative changes
associated with vascular or neurological deficiency, traumatic loss of
muscle mass or tendons and X -ray evidence of bony or fibrous ankylosis
at an unfavorable angle, joint subluxation or instability).
a. Both hands; or
b. One hand and one foot;
c. Amputation of lower extremity at or above the tarsal region (one or
both legs)
5. Semi - Ambulatory Disabilities. Cerebrovascular accident (stroke) with
one of the following four months post -CVA:
a. Pseudobulbar palsy; or
b. Functional motor deficit in any of two extremities; or
c. Ataxia affecting two extremities substantiated by appropriate
cerebellar signs of proprioceptive loss.
350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306
A
Persons with
as
Respiratory System.
Classes of Respiratory Impairment
Class 3 Dyspnea does not occur at rest but does occur during the usual
activities of daily living. However, the patient can walk a
mile at his /her own pace without dyspnea although he /she
cannot keep pace on the level with others of the same age and
body build. Percent disability 40 -50.
Class 4 Dyspnea occurs during such activities as climbing one flight
of stairs or walking 100 yards on level, or less exertion or
even at rest.
Class 6 Dyspnea present on slightest exertion, such as dressing,
talking, at rest.
7. Semi - Ambulatory Disabilities - Cardiac Ill's. Persons with functional
classifications of cardiac disease, Classes III and IV and therapeutic
classification, Classes C, D, E, and defined by Diseases of the Heart and
Blood Vessels - Nomenclature and Criteria for Diagnosis, 6th Edition,
Boston, Little, Brown and Company by the New York Heart Association.
Functional Classification
Class III Persons with cardiac disease resulting in marked limitation of
physical activity. They are comfortable at rest. Less than
ordinary physical activity causes fatigue, palpitation,
dyspnea, or anginal pain. For instance, inability to walk one
or more level blocks or climbing flight of ordinary stairs.
Class IV Persons with cardiac disease resulting in inability to carry
on any physical activity without discomfort. Symptoms of
cardiac insufficiency or of the anginal syndrome may be
present even at rest. If any physical activity is undertaken,
discomfort is increased.
Therapeutic Classification
Class C Persons with cardiac disease whose ordinary physical activity
should be moderately restricted, and whose more strenuous
efforts should be discontinued.
Class D Persons with cardiac disease whose ordinary physical activity
should be markedly restricted.
Class E. Persons with cardiac disease who should be at complete rest,
confined to bed or chair.
-2-
8. Semi - Ambulatory Disabilities - Dialysis. Persons who in order to live,
must use a kidney dialysis machine.
9. Sight Disabilities. This section includes only the legally blind.
A. Those persons whose vision in the better eye after best correction
is 20/200 or less; and /or
B. Those persons whose visual field is contracted (commonly known as
tunnel vision)
L to 10 degrees or less from a point of fixation, or
ii. so the widest diameter subtends an angle no greater
than 20 degrees
10. Hearing Disabilities. Deafness or hearing incapacity that may make an
individual insecure in public areas because the individual is unable to
communicate or hear warning signals, including only those persons whose
hearing loss with amplification is an average of 90 dba or greater in
the 500, 1000, 2000, Hz ranges.
11. Disabilities of Incoordination. This section includes those persons
with faulty coordination or palsy from brain, spinal or peripheral nerve
injury and any person with a functional motor deficit in any two limbs
or who suffers manifestations which significantly reduces mobility,
coordination and perceptiveness not accounted for in previous
categories.
DEVELOPMENTAL DISABILITIES
Persons who are so developmentally disadvantaged from infancy or before reaching
maturity that they ara incapable of managing themselves and their affairs
independently with ordinary prudence, or of being taught to do so, and who
require supervision, assistance, and care, for their own welfare, or for the
welfare of others, or for the welfare of the community. Further, any person who
is unable, or likely to be unable to physically or mentally respond to an oral
instruction relating to danger and without assistance take appropriate action
relating to such danger.
_ 12. Mental Retardation. Refers to subaverage general intellectual
functioning which originates during the developmental period and is
associated with impairment in adaptive behavior (a general guideline is
an IQ which is more than two standard deviations below the norm). This
section also applies to adults who by reason of illness or accident
suffer mental retardation.
-3-
_ 13. Cerebral Palsy. Persons having a disorder dating from birth or early
infancy, non - progressive, although is not treated, there is marked
regression in functioning characterized by examples of aberrations of
motor functions (paralysis, weakness, coordination) and often other
manifestations of organic brain damage such as sensory disorders,
seizures, mental retardation, learning difficulty and behavioral
disorders.
14. Epilepsy (Convulsive Disorder). Clinical disorder involving impairment
of consciousness, characterized by major motor seizures (grand mal or
psychomotor) substantiated by EEG, occurring more frequently than once a
month in spite of prescribed treatment. With:
a. Diurnal episodes (loss of consciousness and convulsive seizure); or
b. Nocturnal episodes which show residuals interfering with activity
during the day.
15. Autism. Persons having 1) a syndrome described as consisting of
withdrawal very inadequate social relationships, exceptional object
relationships, language disturbances, and monotonously repetitive motor
behavior; many children with autism will also be seriously impaired in
general intellectual function; 2) this syndrome usually appears before
the age of 6 and is characterized by severe withdrawal and inappropriate
response to external stimuli.
16. Neurological Handicap. A syndrome characterized by learning, perceptual
and /or behavioral disorders of an individual whose IQ is not less than
two standard deviations below the norm. These characteristics exist as
a result of brain disfunction (any disorder in learning or using the
senses) neurological disorder, or any damage to the central nervous
system whether due to genetic, hereditary, accident, or illness
factors. This includes persons with severe gait problems who are
restricted in mobility.
MENTALLY DISORDERED DISABILITIES:
This section carries no age restriction.
17. Emotionally Disturbed. To the extent of total disability and:
a. living in a board and care home; or
b. living at home under supervision.
-4-
ATTACHMENT B
Pueblo Transportation Company
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PHYSICIANS CERTIFICATION FORM
1. APPLICANT INFORMATION (Please Print or Type)
Name of Handicapped Person:
Address of Applicant:
Applicants Phone Number:
City
State
Zip
2. DETERMINATION OF PHYSICIAN
A. Duration of Handicap or Disabling Condition (Check One)
Permanent Condition
Temporary Condition (Estimated duration of Months)
B. Numbered item of Handicap or Disability based on the aforementioned criteria:
(Items 1 -17)
C. Type of Special Facilities or Equipment needed (Wheelchair /Oxygen /Blind /Etc.):
D. If Applicant requires a Personal Care Attendant with the at all times, please
list the Attendants name below:
E. 1, the undersigned physician, licensed to practice medicine in the State of
Colorado, hereby determine that BY
REASON OF ILLNESS, INJURY, CONGENITAL MALFUNCTION, OR OTHER PERMANENT OR
TEMPORARY INCAPACITY OR DISABILITY IS UNABLE AT THIS TIME TO UTILIZE EXISTING
LOCAL MASS TRANSPORTATION FACILITIES AND SERVICES EFFECTIVELY WITHOUT SPECIAL
FACILITIES OR EQUIPMENT and should be afforded door -to -door specialized transit
services offered by the Pueblo Transportation Company.
Name of Physician (Please Print or Type):
Business Address: Phone:
Date: Signature of Physician:
DO NOT WRITE BELOW THIS LINE
AUTHORIZED BY:
COMMENTS:
DATE OF ISSUE: NUMBER
350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306
ITImLIFT
SPECIALIZED TRANSIT SERVICE
INFORMATION AND GUIDELINES
The following information is provided as assistance to those individuals who are
eligible and certified to receive specialized transit service. This service is being
contracted to SRDA by the City of Pueblo's, Pueblo Transportation Company. The service
to be performed by SRDA shall consist of transportation service to the disabled,
handicapped and elderly as prequalified by the Pueblo Transportation Company or
visitors who meet the qualifications for a period not to exceed 30 -days in and about
the City of Pueblo. These guidelines are established for the convenience, cost
effectiveness, responsiveness and to provide an accessible transportation service for
those in the City of Pueblo who are eligible.
01. Individuals wishing to be certified for the use of the service are required to
contact the Pueblo Transportation Company at 350 S. Elizabeth St. to obtain a
Physician's Certification application form.
02. Once certified by the PTC, individuals may call for appointments at 546 -CITI
or 546 -2484 Appointments may be made Monday through Sunday from 6:45 a.m.
to 6:45 p.m., except holidays.
03. The specialized transit service is available to qualified individuals who
request it within 24 hours of a request, based on the provider's (SRDA)
ability to accommodate the request (scheduling availability)
04. No priorities or restrictions based on trip purpose shall be imposed on
individuals requesting the service.
05. Fare for certified individuals utilizing the service will be $1.00 per one -way
trip. One certified (by the Pueblo Transportation Company) Personal Care
Attendant may travel with the patron at no charge. In addition, if space is
available, additional individuals may ride with the certified individual at a
fare of $1.00 per one -way trip. EXACT fare is required, drivers will not make
change.
06. Monthly passes for unlimited rides during the month may be purchased for
$18.00 at the Pueblo Transportation Company Office, or by mailing a check or
Money Order to the PTC Office.
07. The specialized transit service will provide service to the same area as is
provided by the service to the general public (City of Pueblo, Pueblo City
Limits).
08. The specialized transit service will be available from 6:45 A.M. - 6:45 P.M.,
Monday - Saturday.
Guidelines - continued
09. There will be no service on Sundays, Fourth of July, Labor Day, Memorial Day,
Thanksgiving Day, 1/2 Day Christmas Eve (12 noon - 6:45 P.M.), and Christmas
Day, 1/2 day of New Year's Eve (12 noon - 6:45 P.M.), and New Year's Day,.
10. Schedules will be arranged on a first- come - first -serve basis. When scheduling
an appointment, keep in mind travel time to and from your appointment. Other
patrons may be on the van to be dropped off enroute to your location.
11. Appointments may be scheduled up to 14 calendar days in advance.
Consequently, individuals should call as soon as possible.
12. It is important to be ready for the CITI -LIFT at least 15 minutes before the
scheduled pick -up time. The driver is not allowed to wait for clients while
they get ready or while they run in to a store. This would make them late for
their next scheduled pick -up.
13. If there is a need to cancel a ride please call 546 -CITI or 546 -2484.
Notification of a cancellation as soon as possible will allow a ride for
someone who was previously turned down. There will be an answering service
during nonbusiness hours so that messages can be received.
14. Rides will be scheduled according to geographical locations to accomodate as
many patrons as possible. Clients are asked to be patient and cooperate with
the driver when their ride is combined with another patron. This allows the
service to be utilized to its fullest extent. It is essential that pick -up
and drop -off points remain as initially scheduled.
15. All wheelchairs must be in safe operating condition, i.e., tires inflated and
wheelchair locks (brakes) properly adjusted.
16. It is not the responsibility of the provider (SRDA) to locate a patron or
provide special equipment, i.e., wheelchair, walkers. In addition, if a
passenger is seriously ill, it would be advisable for an aide to ride with
them. The provider's (SRDA) employees are not permitted to enter a patron's
home and the service is designed as a door -to -door service only
17. Patrons who cancel less than 24 hours prior to a ride five (5) times or more
within one (1) month will be subject to removal from the specialized transit
service list. Consideration will be given to bona fide medical or job - related
reasons or adverse weather for cancellations.
18. Two (2) "no shows" or more by a patron per month may result in removal from
the transit service list. Consideration will be given for extraordinary
circumstances which may have prevented the patron from giving adequate
cancellation notice.
Guidelines - continued
19. If a patron is found to have abused either guidelines #16 or #17, they will be
removed from the specialized transit service list for one (1) month, six (6)
months for the second infraction, and one (1) year for the third infraction.
At the end of one year, the patron must appeal to the Pueblo Transportation
Company Transit Advisory Committee to be reinstated for future specialized
transit service.
20. All certified Citi -Lift patrons will be provided with a picture identification
card. This identification card should be made available on request by the
driver. Once issued, these I.D. Cards will be accepted in any other city
which offers Americans with Disabilities Act (ADA) paratransit service.
21. Specialized transit service patrons will be guaranteed an "on -time" pick -up of
± fifteen (15) minutes of their scheduled pick -up time.
22. All accidents should be reported to the operator of the vehicle with no
exceptions.
23. If you have special needs (wheelchair lift, hearing or sight impairements)
please advise the dispatcher of these needs when scheduling an appointment.
We would appreciate it if all patrons of this valuable service would comply with
the above - mentioned guidelines for the convenience of all passengers and the
providers of the service. Please be courteous of other passengers and clients who
utilize this service. If you have any questions, comments or service complaints,
please call SRDA at 546 -CITI or 546 -2484. You may also call the Pueblo
Transportation Company offices at 542 -4306 to express any concerns or complaints
that you may have relating to the operation of the specialized transit service.
APPENDIX D
LEASE AGREEMENT
I I I�ILII�III11'III
EQUIPMENT LEASE
THIS LEASE made this day of , by and between the
the City of Pueblo, a Municipal Corporation, hereinafter referred to as "City ", as
Lessor, and the Pueblo Senior Resource & Development Agency (,SRDA)
hereinafter referred to as Lessee.
1.
2.
The City hereby leases to Pueblo Senior Resource & Development Agency
SRDA the following described property consisting of five (5) 6 to 16
passenger wheelchair accessible vans:
MAKE MODEL
1990 Ford Supreme Vans (3)
1993 Chrysler Caravan (2)
VEHICLE ID NUMBER
821, 822, 823
824,825
on the following terms and conditions:
Terms. This lease is for a term of two years commencing 1/1/95 and ending
12/31/96
3. Ownership. The leased vehicles shall at all times remain the sole and exclusive
property of the City. Pueblo Senior Resource & Development Agency
SRDA shall have no right, title or interest therein except for the right to use
the vehicles on the terms set forth herein.
Lease Agreement
Page 2of5
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 that the City has made no
representations or warranties, oral or written, express or implied, in
connection with these vehicles. Lessee hereby waives and agrees not to assert
any claim or defense against the City by reason of any defect in the equipment
or any warranties, representations, service or maintenance agreements,
expressed or implied, made by City, the manufacturer of the vehicles or any
other person.
S. City Duties - Maintenance. The City shall provide all necessary maintenance
and repair services for the vehicles, except emergency repairs and such
warranty services as are the obligation of the vehicle manufacturer.
6. Duties - Maintenance. The City shall be responsible for all expenses, as they
are incurred, of maintenance or repairs of the vehicles, including labor,
materials and parts which 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.
Lease Agreement
Page 3 of 5
The City 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 of these 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 operates these vehicles.
8. 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 liability insurance in limits of not less than
$1,000,000 for any one person injured or killed, not less than $3,000,000 for
injuries or death in any one occurrence, and not less than $500,000 for damage
to property of others in any one accident.
9. Limitations on Use The parties agree 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 handicapped.
Lease Agreement
Page 4of5
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 employes 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.
Lease Agreement
Page 5 of 5
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.
IN WITNESS WHEREOF the parties have executed this Lease as of the date above
written.
� Q
V ity of Pueblo, a Municipal Corporation
Pueblo S.R.D.A.
Lessee Company Name Signature of Representative
December 22, 1994
Date Date
REQUIRED CERTIFICATIONS
CERTIFICATION OF PRIMARY PARTICIPANT
REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
The SRDA Board of Directors , certifies to the best of its knowledge and belief,
that it an its principles:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
2) Have not within a three year period preceding this proposal been convicted of or had
a civil judgement 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.
3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4) 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.
THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE
AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT), _
Ernamarie T. Williams , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY
OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION
AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE
APPLICABLE THERETO.
Signature and Title of Authorized Official
Vice Chair, SRDA Board of Directors
The undersigned chief legal counsel for the SRDA Board of Directors hereby certifies
that the Vice Chair has authority under State and Local Law to
comply with the subject assurances and that the certification above has been legally made.
Sign re of Applicant's Attorney
id. d i 1941
Date
CONTRACTOR CERTIFICATION OF DISCLOSURE OF
FEDERAL LOBBYING ACTIVITIES
This is to certify that, to the best of my knowledge and belief, the following is accurate,
complete, and current as of December 22, 1994
Date
1) "No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of 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."
2) "If any funds other than federal appropriated funds have been paid or will be paid
to any person 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 contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions." (a copy of this form is available upon request.)
3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers including subcontractors,
subgrants, and contracts under grants, loans, and cooperative agreements and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction unposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Pueblo Senior Citizens Resource Development
and Coordinating Agency, Inc.
Company
epresentative
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.
Title VI Assurance -- Continued
S) 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.
Pueblo Senior Citizens Resource D evelopment & Coordinating Agency, Inc.
Company
Representative
I WE U. Li L•IL
�.
CERTIFICATION AND DISCLOSURE
REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS
The offeror, by signing its offer, hereby certifies to the best of his or her knowledge
and belief that:
1) No federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee
of Congress, or an employee of a Member of Congress on his or her
behalf in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
2) If any funds other than Federal appropriated funds (including profit or
fee received under a covered Federal transaction) have been paid, or
will be paid, to any person 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 on his
or her behalf in connection with this solicitation, the offeror shall
complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and,
3) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract award in excess of $100,000 shall certify and disclose
accordingly.
Pueblo Senior Citizens Resource Development & Coo rdinating Agency, Inc.
Name of Firm
and Title of Ofd of Firm
Board of Directors
-(0 -'/ l all � / � — 12/22/94
ture of Officer of Firm Date