r17-188 ad - colorado springs, colorador17-188 ad call center brokerage the term “offeror” means...

1 R17-188 AD Call Center Brokerage

REQUEST FOR PROPOSAL Services

R17-188 AD

Date issued: December 14, 2017

CALL CENTER

THE CITY OF COLORADO SPRINGS

This project is fully or partially funded by federal grant


The City of Colorado Springs requests Firm Fixed Price (FFP) (as detailed in this Request for Proposal (RFP), for R17-188 AD – Call

Center Brokerage


SECTION INDEX

SECTION I PROPOSAL INFORMATION SECTION II PROPOSAL CONTENT SECTION III EVALUATION FACTORS

SECTION IV SPECIAL CONTRACT TERMS AND

CONDITIONS/SPECIAL SOLICITATION PROVISIONS

SECTION V EXHIBITS SECTION VI SCHEDULES


SECTION I – PROPOSAL INFORMATION 1.0 PROPOSAL INFORMATION

Section I provides general information to potential Offerors, such as proposal submission instructions and other similar administrative elements. This RFP is available on Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com). All addenda or amendments shall be issues through the Rocky Mountain E-Purchasing System and may not be available through any other source.

1.1 RFP SCHEDULE OF EVENTS

The upcoming schedule of events is as follows:

Event Date Issue Request for Proposal December 14, 2017 Pre-Proposal Conference January 10, 2018

We will hold a pre-proposal conference at the City of Colorado Springs Transit Administration Building, 1015 Transit Drive, Colorado Springs, CO 80903. This meeting is not mandatory. However all Offerors are encouraged to attend.

Cut Off Date for Questions January 11, 2018 10:00 am

Questions about the RFP must be emailed in writing and directed to Andrea Davenport at the following email address:[email protected]. A written response to any inquiry may be provided in the form of an Amendment to the solicitation. See 1.7 Amendments. Questions must be received no later than Date. The only acceptable method of submitting questions is by email to the Contracting Specialist. Faxes or physical mail delivery are not acceptable.

Proposal Due Date January 23, 2018, 2:00 pm Interviews (if applicable) TBD Award of Contract On or about 15 April 2018 Notice to Proceed TBD

http://www.rockymountainbidsystem.com/


1.2 SUBMISSION OF PROPOSAL

Proposals are to be submitted to: Andrea Davenport Contract Specialist 1015 Transit Drive Colorado Springs, CO 80903

*********************NO LATE OFFERS WILL BE ACCEPTED*******************

Date/Time: Proposals shall be received on or before 2:00 PM MST, Tuesday,

January 23, 2018. Identification of Proposal: Proposals shall be submitted in an envelope(s) or container(s) with the solicitation number, date for submission of offer and the Offeror’s name clearly marked on the outside of the envelope(s) or container(s).

RFP No. and Title: Due Date: Company:

Any offer that is submitted without being properly marked may be opened for identification prior to the deadline for receipt of proposals and then resealed.

1.3 NUMBER OF COPIES Offerors shall submit six (6) hardcopies of the proposal documents. Offerors shall also submit one softcopy on CD or flash drive. Upon submission, all proposal documents shall become and remain the property of the City of Colorado Springs.

1.4 SPECIAL TERMS Please note the following definitions of terms as used herein: The term “City” means the City of Colorado Springs. The term “Contractor” or “Consultant” means the Offeror whose offer is accepted and is awarded the contract to provide the products or services specified in the RFP. The term “Offer” means the proposal.


The term “Offeror” means the person, firm, or corporation that submits a formal proposal or offer and that may or may not be successful in being awarded the contract. The term “Project” refers to Call Center Brokerage The term “Request for Proposal” or “RFP” means this solicitation of a formal, negotiable proposal/offer. Any offer that is accepted will be the offer that is deemed by the City of Colorado Springs to be most advantageous in terms of the criteria designated in the RFP.

1.5 RFP OBJECTIVE

The objective of this RFP is to provide sufficient information to enable qualified Offerors to submit written proposals to the City of Colorado Springs. The RFP is not a contractual offer or commitment to purchase products or services. The Offeror may present options and variables to the scope while still meeting the minimum requirements of this solicitation. Innovative proposals/solutions are encouraged and considered in the selection and/or award.

All information included in proposals must be legible. Any and all corrections and or erasures must be initialed by Offeror. Each proposal shall be accompanied by a cover letter signed by an authorized representative of the Offeror. The contents of the proposal submitted by the successful Offeror may become part of any contract awarded as a result of this solicitation.

1.6 CONFIDENTIAL OR PROPRIETARY INFORMATION

If an Offeror believes that parts of an offer are confidential, then the Offeror must so specify. The Offeror must include in bold letters the term “CONFIDENTIAL” on that part of the offer which the Offeror believes to be confidential. The Offeror must submit in writing specific detailed reasons, including any relevant legal authority, stating why the Offeror believes the material to be confidential. Vague and general claims as to confidentiality will not be accepted. The City of Colorado Springs will be the sole judge as to whether a claim is acceptable. Decisions regarding the confidentiality of information will be made when requests are made to make the information public. All offers and parts of offers, which are not marked as confidential, will automatically be considered public information after the contract is awarded. The successful offer may be considered public information even though parts are marked confidential.

1.7 AMENDMENTS

Amendments to this RFP may be issued at any time prior to the time set for receipt of proposals. Offerors are required to acknowledge receipt of any amendments issued to this RFP by returning a signed copy of each amendment


issued. Signed copies of each amendment must be received on or before the time set for receipt of offers. The City of Colorado Springs will post all amendments on the Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com). It is the Offeror's responsibility to check the website for posted amendments or contact the Contracts Specialist listed to confirm the number of amendments which have been issued.

1.8 WITHDRAWAL OR MODIFICATION OF OFFERS

Any Offeror may modify or withdraw an offer in writing at any time prior to the deadline for submission of an offer.

1.9 ACCEPTANCE

Any offer received and not withdrawn shall be considered an offer, which may be accepted by the City of Colorado Springs based on initial submission without discussions or negotiations.

By submitting an offer in response to this solicitation, the Offeror agrees that any offer it submits may be accepted by the City of Colorado Springs at any time within 90 calendar days from the date of submission deadline.

The City of Colorado Springs reserves the right (a) to reject any or all offers,(b) to waive informalities and minor irregularities in offers received, and/or (c) to accept any portion of an offer if deemed in the best interest of the City of Colorado Springs. Failure of the Offeror to provide in its offer any information requested in the RFP may result in rejection of the offer for non-responsiveness.

1.10 PROPOSAL PREPARATION COST

The cost of proposal preparation is not a reimbursable cost. Proposal preparation shall be at the Offeror’s sole expense and is the Offeror’s total and sole responsibility.

1.11 AWARD

The City of Colorado Springs intends to make an award using the evaluation criteria listed in this RFP to determine the best value, considering all factors and criteria in the proposals submitted. Best value means the expected outcome of an acquisition that, in the City’s estimation, provides the greatest overall benefit in response to the requirements detailed in the RFP. The City of Colorado Springs reserves the right to reject any or all offers and to not make an award.




1.12 PERFORMANCE PERIOD

The performance period any contract awarded as a result of this RFP is anticipated to be as follows. Start Up: 15 April 2018 – 30 June 2018 Base Year: 1 July 2018 – 30 June 2019 Option Year 1: 1 July 2019 – 30 June 2020 Option Year 2: 1 July 2020 – 30 June 2021 Option Year 3: 1 July 2021 – 30 June 2022 Option Year 4: 1 July 2022 – 30 June 2023

1.13 DEBRIEFING

Offerors not selected may request a debriefing on the selection process as well as discussion of the strengths and weaknesses of their proposal upon receipt of notification that their offer was not selected.

A debriefing may be scheduled by contacting the Contracts Specialist listed above. The Contracts Specialist must receive a written request for debriefing no later than ten (10) calendar days after issuance of a notification that the Offeror’s offer was not selected.

1.14 SUBSTANTIVE PROPOSALS

By responding to this RFP, the Offeror certifies (a) that Offeror's proposal is genuine and is not made in the interest of, or on behalf of, an undisclosed person, firm, or corporation; (b) that Offeror has not directly or indirectly induced or solicited any other offerors to put in a false or sham proposal; (c) that Offeror has not solicited or induced any other person, firm, or corporation to refrain or abstain from proposing an offer or proposal; (d) that Offeror has not sought by collusion to obtain for themselves any advantage over any other offerors or over the City of Colorado Springs; and (e) that Offeror has not violated or caused any person to violate, and shall not violate or cause any person to violate, the City’s Code of Ethics contained in Article 3, of Chapter 1 of the City Code and in the City's Procurement Rules and Regulations.

1.15 OFFEROR'S QUALIFICATIONS

Each Offeror must complete Exhibit 6 – Qualification Statement. No contract will be awarded to any Offeror who is in arrears to the City, upon any debt or contract, or who is in default, in any capacity, upon any obligation to the City or is deemed to be irresponsible or unreliable by the City based on past performance.


1.16 NON-COLORADO ENTITIES If Offeror is a foreign entity, Offeror shall comply with C.R.S. section 7-90-801, “Authority to transact business or conduct activities required,” and section 7-90-802, “Consequences of transacting business or conducting activities without authority.” Before or at the time that the contract is awarded to an entity organized or operating outside the State of Colorado, such entity shall obtain authorization to do business in the State of Colorado, designate a place of business herein, and appoint an agent for service of process. Such entity must furnish the City of Colorado Springs with a certificate from the Secretary of the State of Colorado to the effect that a certificate of authority to do business in the State of Colorado has been issued by that office and is still valid. The entity shall also provide the a certified copy of the designation of place of business and appointment of agent for service of process from the Colorado Secretary of State, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process has been made.

1.17 PROCUREMENT RULES AND REGULATIONS

All projects advertised by the City of Colorado Springs are solicited in accordance with the City's Procurement Rules and Regulations. The City's Procurement Rules and Regulations can be reviewed and/or downloaded from the City website www.coloradosprings.gov. The Contracts Specialist may also provide a softcopy of the Rules and Regulations upon request. Any discrepancies regarding conflicting statements, decisions, irregularities, clauses, or specifications will be rectified utilizing the City’s Procurement Rules and Regulations, when applicable. It is the Offeror’s responsibility to advise the Contracts Specialist listed in this RFP of any perceived discrepancies prior to the date and time the offer is due.

1.18 FAIR TREATMENT OF OFFERORS

The City Procurement Services Division shall be responsible for ensuring the procurement of products, commodities, and services are in a manner that affords all responsible businesses a fair and equal opportunity to compete. If an Offeror believes that a procurement is not conducted in a fair and equitable manner, the Offeror is encouraged to inform the City Procurement Services Manager as soon as possible.


1.19 ORDER OF PRECEDENCE Any inconsistency in this solicitation shall be resolved by giving precedence in the following order:

(a) Sections I-IV of this Solicitation (b) Statement of Work (c) Other Appendices, Schedules, Exhibits, or Attachments

1.20 SALES TAX

The successful Offeror, if awarded a contract, shall apply to the Colorado Department of Revenue for a tax-exempt certificate for this project. The certificate does not apply to City of Colorado Springs Sales and Use Tax which shall be applicable and should be included in all proposals. The tax exempt project number and the exemption certificate only apply to County, PPRTA (Pikes Peak Rural Transportation Authority), and State taxes when purchasing construction and building materials to be incorporated into this project.

Furthermore, the exemption does not include or apply to the purchase or rental of equipment, supplies or materials that do not become a part of the completed project or structure. In these instances, the purchase or rental is subject to full taxation at the current taxation rate.

The Offeror and all subcontractors shall include in their Offer City of Colorado Springs Sales and Use Tax on the work covered by the offer, and all other applicable taxes.

Forms and instructions can be downloaded at https://coloradosprings.gov/cat/government/tax-information/sales-tax. Questions can be directed to the City Sales Tax Division at (719) 385-5903.

Our Registration Numbers are as follows: City of Colorado Springs Federal I.D.: 84-6000573 Federal Excise: A-138557 State Sales Tax: 98-03479

1.21 INTERPRETATION OF PLANS AND SPECIFICATIONS

Any change to proposal forms, plans, or specifications prior to the opening of proposals will be issued by the City in the form of an Amendment. Certain individuals may be named in the RFP that have authority to provide information, clarification or interpretation to Offerors prior to opening of proposals. Information

https://coloradosprings.gov/cat/government/tax-information/sales-tax


obtained from persons other than those named individuals is invalid and shall not be used for proposal purposes.

1.22 COMBINATION OR CONDITIONAL PROPOSALS

If an RFP is issued for projects in combination and separately, the Offeror may submit proposals either on the combination or on separate units of the combination. The City reserves the right to make awards on combination or separate proposals to the advantage of the City. Combination proposals will be considered, only when specified.

1.23 ANTI-COLLUSION AFFIDAVIT

The Offeror by signing their proposal submitted to the City is certifying that the Offeror has not participated in any collusion or taken any action in restraint of free competitive bidding. This statement may also be in the form of an affidavit provided by the City and signed by the Offeror. The original of the signed anti-collusion affidavit, if separately required and provided with the RFP, shall be submitted with the proposal. The proposal will be rejected if it does not contain the completed anti-collusion affidavit.


SECTION II – PROPOSAL CONTENT

2.0 PROPOSAL CONTENT Section II provides instructions regarding the format and content required for proposals submitted in response to this solicitation.

2.1 PROPOSAL FORMAT

Offeror’s written proposal should include concise, but complete, information, emphasizing why the Offeror is best or best qualified to provide the required services. The Offeror’s written proposal should include the information in the format outlined below and must be limited to no more than twenty-five (25) pages. A page shall be defined as 8-1/2" x 11"; single sided, with one inch margins, and a minimum font of Times New Roman 10. The only exception to the 8-1/2” x 11” paper size is the proposed project schedule. It may be submitted on 11” x 17” paper. Each 11” x 17” page for the schedule shall be counted in the overall page limitations above. Each section of the proposal should be labeled to clearly follow the requirements sections identified in this this section of the RFP. The following listed Exhibits must be filled out and returned with the proposal and are not counted against the page limit:

Exhibit 1 Proposal Certification Exhibit 3 Exceptions Exhibit 4 Minimum Insurance Requirements Exhibit 6 Qualification Statement Exhibit 8 Federal Transit Administration (FTA)

2.2 COVER LETTER

The cover letter shall be no more than three pages. The cover letter shall contain at least the following information.

A. RFP Number and Project Name. B. Statement that the Offeror is qualified to perform the work. C. Certification Statement that the information and data submitted are true

and complete to the best knowledge of the individual signing the letter. D. Name, telephone number, email address, and physical address of the

individual to contact regarding the proposal. E. The signature of an authorized principal, partner, or officer of the

Offeror. 2.3 PROPOSAL CERTIFICATION

The Offeror must fill out and submit Exhibit 1 with its Proposal.


2.4 ORGANIZATIONAL BACKGROUND AND OVERVIEW

The Offeror must provide a brief history and overview of its company and its organizational structure, with special emphasis on how this project will fit within that structure. Also include principal place of business location(s), office locations, size of firm, and financial stability (annual public reports or private financial statements shall be included in an appendix or under separate cover; private financial information will be kept confidential by the City).

2.5 PROPOSAL NARRATIVE/TECHNICAL AND MANAGEMENT APPROACH

In the proposal narrative/technical and management approach section, the Offeror should explain what the Offeror will do and how it will perform if awarded a contract.

2.5.1 SERVICE DELIVERY METHOD

The Offeror must explain its overall solution, considering the scope of work or statement of work provided. The content must include, but not necessarily be limited to, the following information.

A. Understanding of and Compliance with Requirements

The Offeror should address each work area in sufficient detail to demonstrate a clear and full understanding of the work necessary to complete the project. The proposal should not merely parrot the requirements of the RFP. Further, the Offeror should provide evidence of sufficient planning to ensure the work is completed on schedule and within budget. It is highly recommended that the Offeror provide sufficient content and detail to answer completely the following questions:

1. Does the proposal demonstrate a firm understanding of the requirements and goals of the Statement of Work, as well as industry standards and reasonable expectations for a company in the industry?

2. Does the proposal fully and completely address each requirement and goal of the Statement of Work?

3. Does the proposal provide solutions to indicate that requirements and goals will be met on schedule?

4. Does the technical solution seem realistic? 5. Does it generally appear that the Offeror knows and thoroughly

understands the business and the RFP requirements? B. Project Approach The Offeror should clearly present proposed solutions and indicate that it has performed adequate planning to accomplish project tasks as defined in the


Statement of Work. Innovations, efficiencies, and detailed specifics are all encouraged. The Offeror must at least address the following areas:

1. Schedule Management. Discuss Offeror’s approach to schedule management including updating and reporting progress of the work.

2. Quality Control. Discuss Offeror’s quality control plan, processes and approach to ensure that the City receives a quality product.

3. Safety. Discuss Offeror’s approach and commitment to safety for its workers, the public, and City employees, if services are accomplished on a City site.

4. Potential issues that Offeror foresees with this project and how Offeror would make adjustments if encountered.

It is highly recommended that the Offeror provide sufficient content and detail to answer completely the following questions.

1. Does the proposal include a complete plan to accomplish each requirement, including subcontracting (if applicable)?

2. Does the proposal demonstrate that appropriate and qualified personnel and equipment will be provided to carry out the requirement?

3. Is the proper level of effort directed toward each requirement? Does the level of effort look unrealistically low or unreasonably high?

2.5.2 MANAGEMENT AREA

The Offeror must explain its method of managing the work to be performed. The content must include, but no necessarily be limited to, the following information.

A. Program Management Controls

In the Management Area, the Offeror should provide:

1. A plan of operation, to include management of personnel, workload, schedule, and budget

2. An organization chart which demonstrates clear and effective lines of authority, responsibility, and communication for management, supervisory, and technical personnel. The plan should address which job classification or personnel will be assigned to each task and how that determination is made. Basic human resource management concepts should be addressed, including hiring, firing, discipline, incentive plans, etc.

3. If the Offeror plans to subcontract more than 10% of the work, include information on how the Offeror plans to manage its subcontractors.

4. A detailed schedule for the project showing the key activities and how they will meet or improve the City’s timeframe and maximize efficiency to


provide the best value to the City and minimize impacts to the public. The schedule shall be based on the Offeror’s understanding and approach to the work as addressed above. Schedules should address controls to ensure the project will remain on schedule and on budget. Schedules submitted for this project shall assume a start date of 15 April 2018.

It is highly recommended that the Offeror provide sufficient content and detail to answer completely the following questions.

1. Does the proposal address the issues above in sufficient detail to demonstrate a sophisticated and mature management control system?

2. Are program management controls consistent with the technical portion of the proposal, especially regarding schedule and level of effort?

3. Do the plan and controls indicate that the Offeror will obtain, keep, and efficiently utilize high-quality personnel?

4. Does the proposal explain how the Offeror will address corrective actions in case of delays (e.g. expediting materials, additional resources, etc.)?

5. Does the proposal explain how the Offeror will remain within schedule and budget?

B. Past Performance/Relevant Experience and Key Personnel

In the Management Area, the Offeror should provide at least three references or name contracts demonstrating that it successfully provided services/products that are the same or similar to those required in the RFP. The proposal should adequately explain how the projects were completed on schedule and within budget. It is highly recommended that the Offeror provide sufficient content and detail to answer completely the following questions.

1. Does the proposal include at least three references or past performance citations?

2. Are the references or past performance citations relevant to the requirements of the Statement of Work of the RFP?

3. Does the Offeror explain how they were successful on the projects provided as past performance?

4. Does the Offeror apply the past performance to the City requirement in such a way as to demonstrate added value due to experience?

Key Personnel

In the Management Area, resumes must be provided for all personnel considered key, as required by the RFP. Resumes do not count toward the page limit. It is highly recommended that the Offeror provide sufficient content and detail to answer completely the following questions. Explain how the key personnel were related to the projects cited as relevant past performance.


1. Does the Offeror provide complete resumes, including education, experience, background information, accomplishments, and other pertinent information?

2. Does the Offeror provide resumes for all key personnel, as required by the RFP?

3. Do the resumes demonstrate adequate professional, technical, and management levels to accomplish the work effectively and efficiently?

2.6 PRICE AREA

In the Price Area, the Offeror should provide a detailed breakdown of the price for each year of performance. The price must be all-inclusive and include all unit costs for material, labor, other direct costs (e.g. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee. Offers must include sufficient detail to allow insight into the fairness and reasonableness of the price. If the contract type will be Time and Material (T&M) labor categories, labor rates, separated profit, and estimated material costs must be included in detail.

In addition, although price may not be the most important factor, it is still very important to the City of Colorado Springs. The Offeror’s pricing must be competitive as compared to the budget amount, market pricing in the industry, and the pricing of other Offerors. It is highly recommended that the Offeror provide sufficient content and detail to answer completely the following questions.

1. How does the price compare to the industry competition? 2. If low, is it unrealistically low? 3. If high, is there demonstrated added value for the additional cost? 4. Is the price itemized, so that it is clear how the cost was built? If so, do

the costs look appropriate for the task? 5. Does the Offeror leave applicable costs out of the calculations? For

instance, some will say travel is not included and will be an extra cost. This should be considered when comparing to other Offerors.

6. Are there additional costs not addressed that the City would incur if the Offeror were awarded the contract? If so, include those costs when comparing to the budget amount and the competition.

2.7 PROPOSAL PRESENTATION

Presentation is an important factor. Offerors should provide a highly professional product, which is complete, accurate, easily understood, and effectively presented.


2.8 EXCEPTIONS

All Offerors must complete Exhibit 3, Exceptions Form and return it with their proposal. Some terms and conditions are not negotiable. Exceptions may be grounds for rendering the proposal unacceptable without further discussions.

2.9 INSURANCE REQUIREMENTS

All Offerors must complete Exhibit 4, Minimum Insurance Requirements and return with their proposal. Lack of responsiveness in this area may be grounds for rendering the proposal unacceptable without further discussions.


SECTION III – EVALUATION FACTORS

3.0 EVALUATION AND AWARD

Section III provides information regarding evaluation criteria and scoring. It also includes information regarding proposal selection and award of the resultant contract.

3.1 EVALUATION CRITERIA

SERVICE DELIVERY METHODOLGY See Section II - Item 2.5.1A and 2.5.1B

QUALIFICATION/EXPERIENCE See Section II - Item 2.5.2A and 2.5.2B

PRICE

See Section II – Item 2.6

PROPOSAL PRESENTATION AREA – PROPOSAL PRESENTATION

See Section II – Item 2.7

EXCEPTIONS AND INSURANCE See Section II – Items 2.8 and 2.9

3.2 RANKING

A. The order of ranking or importance in the evaluation shall be as follows:

First: Qualification/Experience: Personnel and Firm Second: Service Methodology Third: Price Fourth: Proposal Presentation Area

B. Final/Overall Scoring The final proposal score will be determined by adding the area scoring. The sum of the area scores will be the final/overall score.

3.3 SELECTION COMMITTEE

A selection committee will review all proposals. Through this process, the City will determine which proposals are acceptable or unacceptable. The City will notify, in writing, the Offerors whose proposals are deemed to be unacceptable. Those Offerors offering proposals deemed to be acceptable by the City will be


evaluated and scored by the selection committee. This scoring will determine which Offerors are considered to be in the competitive range and may be the basis for an award decision without further steps. If the selection committee elects not to award based upon evaluation scoring, it may engage in a forced elimination process. To inform this process, it may require oral presentations or interviews with the Offerors considered to be in the competitive range. If oral presentations or interviews are conducted, they may also be scored, or they may simply be considered as information supporting the forced elimination process. The selection committee may request revisions to the proposal from each of the Offerors at the conclusion of the interviews. The intent of the forced elimination process is to reach consensus. The decision will be based on all relevant factors, and based upon perception of best value. The final decision may or may not exactly reflect scoring ranking. The City also reserves the right to request best and final offers from all Offerors at any point in the proposal evaluation process.

3.4 AWARD OF CONTRACT

It is anticipated that there will be negotiations or discussions with Offerors. However, the City reserves the right to award without negotiations or discussions. The City also reserves the right to award a contract not necessarily or merely to the Offeror with the most advantageous price. The City intends to award to the Offeror that demonstrates the best value to the City and the most substantiated ability to fulfill the requirements contained in this Request for Proposal. A contract prepared by the City will be finalized and/or negotiated with the successful Offeror. In the event a contract cannot be negotiated with the top ranked Offeror, the City may enter into negotiations with the second highest ranked Offeror, or the City may decide to call for new proposals. Immediately after the notice of award, the successful Offeror will begin planning in conjunction with the City of Colorado Springs staff (to be designated by the City) to ensure fulfillment of all its obligations. The successful Offeror may be expected to attend regular meetings as required by the City to assist in the preparation for startup.


SECTION IV – SPECIAL CONTRACT TERMS AND CONDITIONS

4.0 SPECIAL CONTRACT TERMS AND CONDITIONS/SPECIAL SOLICITATION PROVISIONS

In addition to the special contract terms and conditions listed below, the City’s sample contract, see Exhibit 2, contains contract terms and conditions.


SECTION V – EXHIBITS 5.0 EXHIBITS

Exhibit 1 Proposal Certification Exhibit 2 Sample Contract Link Exhibit 3 Exceptions Exhibit 4 Minimum Insurance Requirements Exhibit 5 Statement of Work Exhibit 6 Qualification Statement Exhibit 7 Evaluation Scoresheet Exhibit 8 Federal Transit Administration (FTA)


EXHIBIT 1 PROPOSAL CERTIFICATION Check or Mark the space after each number to indicate compliance. 1. ______ Address of Offeror’s Principal Place of Business: Does Offeror have an established office or facility in Colorado Springs? Yes _____ No _____ If yes, indicate address below if different than Principal Place of Business. Colorado Springs Facility - Year established ___________ Address of Colorado Springs Facility: Percent of Work to be Performed from Principal Place of Business? ______ Percent of Work to be Performed from Colorado Springs Facility? ______ 2. ______ Indicate your ability to provide a certificate of insurance evidencing the required coverage types and limits specified in Minimum Insurance Requirements Exhibit. (The certificate of insurance must reflect the City of Colorado Springs as an Additional Insured, as applicable.) Indicate your ability to comply with the following requirements: The City shall be added as an Additional Insured to all liability policies: Yes _____ No _____ Your property and liability insurance company is licensed to do business in Colorado: Yes _____ No _____


Provide the name of your property and liability insurance company here: Name: ___________________________________________________________ Your property and liability insurance company has an AM best rating of not less than B+ and/or VII: Yes _____ No _____ Worker’s Compensation Insurance is carried for all employees and covers work done in Colorado. Yes _____ No _____ 3. ______ Provide one (1) copy of current financial statements (if required). Enclose financial information in a separate envelope; do not bind with the other proposal copies. If review of the information is to be restricted to the City's financial officer, it must be marked accordingly. 4. ______ Provide the completed and signed proposal. (Proposals must be identified as specified in this RFP document). All required Exhibits are attached. By signing below, the Offeror certifies that no person or firm other than the Offeror or as otherwise indicated has any interest whatsoever in this offer or any Contract that may be entered into as a result of this offer and that in all respects the offer is legal and firm, submitted in good faith without collusion or fraud. Offeror has appointed _______________________ as the Offeror’s representative and contact for all questions or clarifications in regard to this Offeror. Telephone: (___) ____________ Email: _________________ The undersigned acknowledges and understands the terms, conditions, Specifications and all Requirements contained and/or referenced and are legally authorized by the Offeror to make the above statements or representations. (Name of Company) (Signature) (Address) Date (City, State and Zip) (Telephone Number)


______________________ (Name typed/Printed) (Title) _______________________________________ (E-Mail Address)

FEDERAL TAX ID # This Company Is: Corporation___ Individual____ Partnership____ LLC____

Offeror hereby acknowledges receipt of the following amendments, if applicable Offeror agrees that it is bound by all Amendments identified herein.

AMENDMENT #1____________ DATED:________________

AMENDMENT #2____________ DATED:________________

AMENDMENT #3____________ DATED:________________

Please Note the attached Representations and Certifications must be initialed by Offeror in the spaces provided and returned with this certification.


REPRESENTATIONS AND CERTIFICATIONS

Exhibit 1 Continued

1. INSURANCE REQUIREMENTS Offeror shall comply with all insurance requirements and will submit the Insurance Certificates prior to performance start date. If limits are different from the stated amounts, Offeror shall explain variance. Certain endorsements and “additionally insured” statements may require further clarification and specific statements on a project specific basis and should have been described in the Offeror’s proposal. __________ Initials for 1

2. ETHICS VIOLATIONS a) The Offeror shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in this clause in its own operations and direct business relationships. b) Offeror certifies the Offeror has not violated or caused any person to violate, and shall not violate or cause any person to violate, the City’s Code of Ethics contained in Article 3, of Chapter 1 of the City Code and in the City's Procurement Rules and Regulations c) When the Offeror has reasonable grounds to believe that a violation described in this clause may have occurred, the Offeror shall promptly report the possible violation to the City Contracts Specialist in writing. c) The Offeror must disclose with the signing of this proposal, the name of any officer, director, or agent who is also an employee of the City and any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Offeror’s firm or any of its branches. d) In addition, the Offeror must report any conflict or apparent conflict, current or discovered during the performance of the Contract, to the City Contracts Specialist. e) The Offeror shall not engage in providing gifts, meals or other amenities to City employees. The right of the Offeror to proceed may be terminated by written notice issued by City Contracts Specialist if Offeror offered or gave a gratuity to an officer, official, or employee of the City and intended by the gratuity to obtain a contract or favorable treatment under a contract. f) The Offeror shall cooperate fully with the City or any agency investigating a possible violation on behalf of the City. If any violation is determined, the Offeror will properly compensate the City. g) The Offeror agrees to incorporate the substance of this clause (after substituting “Contractor” for “Offeror”) in all subcontracts under this offer. ___________ Initials for 2


3. ILLEGAL ALIENS If Offeror has any employees or subcontractors, Offeror shall comply with § 8-17.5-101, et seq., C.R.S. regarding Illegal Aliens – Public Contracts for Services, and this section of this Agreement. 8-17.5-102 includes, in part, that: 1. Offeror shall not:

a. Knowingly employ or contract with an illegal alien to perform work under this Agreement; or

b. Enter into a contract with a subcontractor that fails to certify to Offeror that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.

2. Offeror has verified or attempted to verify that Offeror does not employ any illegal aliens and, will participate in the E-Verify Program or State Department program in order to confirm eligibility of all employees who are newly hired to perform work under public contract for services.

3. Offeror will not use E-Verify Program or State Department program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed.

4. If Offeror obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Provider shall: a. Notify the subcontractor and the City within three days that Offeror has actual

knowledge that the subcontractor is employing or contracting with an illegal alien; and

b. Terminate the subcontract with the subcontractor if within three days of receiving such notice, the subcontractor does not stop employing or contracting with the illegal alien. However, the Offeror shall not terminate the contract with the subcontractor if during this three day period: i. The subcontractor provides information which establishes that the

subcontractor has not knowingly employed or contracted with an illegal alien, and

ii. The Offeror will not employ the illegal aliens in the performance of any City contract.

5. Offeror shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in §8-17.5-102(5), C.R.S.

6. If Offeror violates this provision, the City may terminate the contract for a breach of contract. If the Agreement is terminated, the Offeror shall be liable for actual and consequential damages.

___________ Initials for 3

4. COOPERATION WITH OTHER CONTRACTORS Other City activities/contracts may be in progress or start during the performance of this


contract. The Offeror shall coordinate the work harmoniously with the other contractors or City personnel, if applicable. ___________ Initials for 4

5. INTERNET USE Should the Offeror require access to City Internet resources in the performance of this requirement, a “Contractor’s Internet Use Agreement” form must be separately signed by each individual having access to the City Network. The completed Contractor’s Internet Use Agreement will be maintained with this agreement. Inappropriate use of the City Network will be grounds for immediate termination of any awarded contact. ___________ Initials for 5

6. LITIGATION If awarded a contract, Offeror shall notify the City within five (5) calendar days after being served with a summons, complaint, or other pleading in any matter which has been filed in any federal or state court or administrative agency. The Offeror shall deliver copies of such document(s) to the City's Procurement Services Manager. The term "litigation" includes an assignment for the benefit of creditors, and filings of bankruptcy, reorganization and/or foreclosure. __________ Initials for 6

7. CONTRACTOR’S REGISTRATION INFORMATION Offeror’s firm verifies and states that they are (check all that apply): _______ Large Business (i.e. do not qualify as a small business or non-profit) _______ Nonprofit _______ Small Business _______ Minority Owned Business/Small Disadvantaged Business _______ Woman Owned Business


_______ Veteran Owned Business _______ Service-Disabled Veteran Owned Business _______ HUBZone Business Note: The City accepts self-certification for these categories in accordance with Small Business Administration (SBA) standards. The SBA size standards are found on the SBA website https://www.sba.gov/content/am-i-small-business-concern. __________ Initials for 7

8. CONTRACTOR PERSONNEL

a) The Offeror shall appoint one of its key personnel as the “Authorized Representative” who shall have the power and authority to interface with the City and represent the Offeror in all administrative matters concerning this proposal and any awarded contract, including without limitation such administrative matters as correction of problems modifications, and reduction of costs. b) The Authorized Representative shall be the person identified in the Offeror’s proposal, unless the Offeror provides written notice to the City naming another person to serve as its Authorized Representative. Communications received by the City Contracts Specialist from the Authorized Representative shall be deemed to have been received from the Offeror. The individual, ____________________________________ (Name) with position, _____________________________________ (Title) Can be reached at Work telephone number: ___________________________ Home telephone number: ___________________________ Cellular telephone number: __________________________ E-mail address: ___________________________________ ____________ Initials for 8

9. OFFEROR’S CERTIFICATION The undersigned hereby affirms that: a) He/She is a duly authorized agent of the Offeror; b) He/She has read and agrees to the City’s standard terms and conditions attached. c) The offer is presented in full compliance with the collusive prohibitions of the City of Colorado Springs. The Offeror certifies that no employee of its firm has discussed, or

https://www.sba.gov/content/am-i-small-business-concern


compared the offer with any other offeror or City employee and has not colluded with any other offeror or City employee. d) The Offeror certifies that it has checked all of its figures, and understands that the City will not be responsible for any errors or omissions on the part of the Offeror in preparing its proposal. e) By submitting an offer the Offeror certifies that it has complied and will comply with all requirements of local, state, and federal laws, and that no legal requirements have been or will be violated in making or accepting this solicitation. I hereby certify that I am submitting the proposal based on my company's capabilities to provide quality products and/or services on time. ____________ Initials for 9

10. OFFEROR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS:

1. The Offeror certifies to the best of its knowledge and belief, that (i) the Offeror

and/or any of its Principals a. Are ( ), Are not ( ) presently debarred, suspended, proposed for

debarment, or declared ineligible for the award of contracts by any Federal agency;

b. Have ( ), Have not ( ), within a three year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, local) contract or subcontract; violation of Federal or state antitrust statutes relation to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, tax evasion, or receiving stolen property; and

c. Are ( ), Are not ( ) presently indicated for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in any paragraphs above.

2. The Offeror shall provide immediate written notice to the City Contracts Specialist if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reasons of changed circumstances.

3. The certification in paragraph 1. above, is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City Contracts Specialist may terminate the contract resulting from this solicitation for default. Termination for default may result in additional charges being levied for the costs incurred by the City to initiate activities to replace the awarded Contractor.


____________ Initials for 10

11. ACCEPTANCE OF CITY CONTRACTS SPECIALIST’S SOLE AUTHORITY FOR CHANGES

Unless otherwise specified in the Contract, the Offeror hereby agrees that any changes to the scope of work, subsequent to the original contract signing, shall be generated in writing and an approval signature shall be obtained from the City Contracts Specialist prior to additional work performance. ____________ Initials for 11

Name of Company: Federal Tax ID Number: DUNS Number: Principle Place of Business: ____________________________________________ Signature of Authorized Representative Printed Name: Title: Date:


EXHIBIT 2 SAMPLE CONTRACT The Services Sample Contract Template, Version 112316, may be found on the City website, at the following address: Procurement Regulations and Documents | Colorado Springs

https://www.coloradosprings.gov/finance/page/procurement-regulations-and-documents


EXHIBIT 3 EXCEPTIONS

Print the words "no exceptions"(here)___________________________ if there are no exceptions taken to any of the terms, conditions, or specifications of these proposal documents or contract. If there are exceptions taken to any of the terms, conditions, or specifications of the proposal document or contract, they must be clearly stated on a separate sheet of paper attached to this sheet and returned with your proposal.

Note: All potential Offerors are hereby advised that exceptions taken may be considered during the evaluation phase which may affect the final scoring of proposals. Offerors stipulating that the City must use their contract or agreement may be determined non-responsive and their Proposal determined unacceptable.

Company Name: ________________________________________________ Address: ________________________________________________ (City, State and Zip Code) Authorized Signature: ________________________________________________ Date: ________________ Printed Name/Title: _______________________________________________ Return this form with your Proposal.


EXHIBIT 4 MINIMUM INSURANCE REQUIREMENTS

The following listed minimum insurance requirements shall be carried by all contractors and consultants unless otherwise specified in the City’s solicitation package, Special Provisions or Standard Specifications. 1. X Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $100,000. 2. Automobile Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles. 3. X Commercial General Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence and not less than $2,000,000 aggregate. Coverage shall include premises and operations liability, blanket contractual, broad form property damage, products and completed operations and personal injury endorsements. 4.____ Builders Risk or Installation Floater Insurance will be provided by the Owner (excluding earthquake or flood). This insurance shall insure and protect from all insurable risks of physical loss or damage. Contractors and subcontractors will be covered, excluding their own machinery, tools and equipment. The deductible under The Builders Risk or Installation Floater shall be sustained and borne by the Contractor. Losses will be adjusted with and made payable to the Owner and others as their interests may appear. 5. Professional Liability Insurance providing coverage for acts, errors or omissions committed or alleged to have been committed by architects and engineers arising out of the conduct of their professional practice. The coverage shall carry a project limit of $500,000. The coverage shall have an extended reporting period of 2 years following the date of substantial completion of the project for reporting of claims. 6.____ Pollution Legal Liability Insurance for limits not less than $1,000,000 per occurrence (or claims made) and not less than $1,000,000 aggregate for bodily Injury, Personal Injury and property Damage. This coverage must include any losses arising from transit exposures and also include all costs associated with clean-up, containment, and disposal of any hazardous liquids or materials. 7. X Except for workers compensation, employer’s liability insurance, and Professional Liability Insurance, the City of Colorado Springs and the Pikes Peak Rural Transportation Authority (when applicable) must be named as an additional insured. Certificates of Insurance must be submitted before commencing the work and provide 30 days’ notice prior to any cancellation except for 10 day notice with respect to non-payment of premium. 8._____ Medical Malpractice Liability Insurance for limits not less than $1,000,000 per occurrence. 9. X All coverage furnished by contractor is primary, and that any insurance held by the City of Colorado Springs Colorado Springs is excess and non-contributory. The undersigned certifies and agrees to carry and maintain the insurance requirements indicated above throughout the contract Period of Performance (Name of Company) (Signature) (Date)


EXHIBIT 5 STATEMENT OF WORK FOR CALL CENTER BROKERAGE

Contents Definitions and Acronyms ............................................................................................................ 35

Explanation of Services ................................................................................................................ 37

General Summary of Work ........................................................................................................... 38

Reservation and Scheduling .......................................................................................................... 39

Start-Up ..................................................................................................................................... 40

One Ride Implementation Plan ................................................................................................. 41

One Ride Program Requirements ............................................................................................. 43

Alternatives ............................................................................................................................... 46

Minimum Qualification and Key Personnel ............................................................................. 48

Hiring Requirements ................................................................................................................. 49

Staff Training Requirements ..................................................................................................... 50

Operations Requirements .......................................................................................................... 52

Public Information/Promotion Requirements ........................................................................... 56

Customer Complaint and Commendation procedures .............................................................. 57

Real Property, Facilities, and Equipment ................................................................................. 58

Applicable Standards ................................................................................................................ 61

Client Eligibility Determination ................................................................................................... 62

Complementary ADA Paratransit Program Eligibility ............................................................. 63

Complementary ADA Paratransit Types of Eligibility ............................................................. 65

Complementary ADA Paratransit Functional Assessment ....................................................... 67

Complementary ADA Paratransit Review Process................................................................... 68

Complementary ADA Paratransit Eligibility Administration................................................... 70

Travel Training ......................................................................................................................... 72

Non-Complementary ADA Paratransit Service Provider Eligibility ........................................ 74

Timeline ........................................................................................................................................ 75

Liquidated Damages ..................................................................................................................... 76

Evaluation Criteria ........................................................................................................................ 77


DEFINITIONS AND ACRONYMS

Definitions

A. Call Center Contractor – This refers to the successful Proposer selected to set

up, manage, and operate One Ride, as well as subcontractor.

B. City Equipment - All assets of any kind provided by the City to Call Center

Contractor, at any time, whether before execution of this Contract or purchased

by Call Center Contractor with capital grant funds provided through the City.

C. Complementary ADA Paratransit Service – A form of demand-response service

for individuals with a disability who are unable to use the fixed-route bus service

some or all of the time as a result of their disability.

D. Curb-to-Curb Service – A level of transportation service characterized by

providing assistance to individuals while boarding and disembarking the vehicle.

E. Demand-Response – Transportation service level that includes origin-to-

destination service, meaning that an individual will be picked up at their place of

residence and transported directly to their destination.

F. Door-through-Door – A level of transportation service characterized by a high

level of personal assistance to and from the vehicle. Operators will enter origins

and destinations to provide assistance to and from the vehicle. Operators may

also provide limited assistance while inside origins and destinations.

G. Door-to-Door Service – A level of transportation service characterized by

providing assistance to and from a vehicle. With this type of service, operators

generally do not enter a building beyond its front lobby.

H. Manifest – A list of all scheduled rides for a given day.

I. Missed Trip – Any scheduled trip on which the Service Provider arrives outside of

the on–time pick-up window.

J. On-Time or On-Time Pick-up Window – A thirty (30) minute period of time no

less than fifteen (15) minutes after and no greater than fifteen (15) minutes

before a scheduled pick-up time.

K. One Ride – A term synonymous with the call center.

L. Paratransit Eligibility – As defined by the ADA, a determination made by a

qualified professional that an individual’s disability allows him or her to use

paratransit service.

M. Paratransit Service Area – All locations within three-fourths (3/4) of one (1) mile

on either side of Mountain Metropolitan Transit’s fixed-route service, as well as

any other areas serviced by a Mountain Metropolitan Transit bus route under

intergovernmental agreements with other jurisdictions when so certified to the

Contractor in writing by the City's Transit Services Division Manager.


N. Reservation – A trip that has been reserved using a computerized scheduling

and reservation software.

O. Ride Length – Each individual Service Provider determines its own parameters

for acceptable ride length, with one (1) exception. The Complementary ADA

Paratransit Service Provider shall provide ride lengths equivalent to the same trip

on the fixed-route service.

P. Service Provider (Contractor) – Any specialized transportation service provider

contracted by the City to provide specialized transportation services. Depending

on the context, this may also refer to the Complementary ADA Paratransit

Provider.

Q. Schedule – Reserved trips assigned to runs or vehicles. Scheduling may or may

not be completed at the point of reservation.

R. Specialized Transportation Services – A special level of transportation service

that provides a more hands-on, customer-centric approach to helping individuals

access the community. Individuals are provided with greater assistance than

what is provided with the fixed-route bus system.

S. Trip Brokerage Module – A software module that allows for a call taker to send a

trip request to a Service Provider using separate computerized scheduling and

reservation software.

T. Trip Denial – A trip that cannot be accommodated during a two (2) hour period

allowed by the ADA for negotiation (up to one (1) hour before and no more than

one (1) hour after client’s requested trip time), regardless as to whether the client

accepted the trip. This definition specifically applies to Complementary ADA

Paratransit and does not necessarily apply to all Service Providers.

U. Trip Refusal – A trip is offered within one (1) hour before or after the requested

time and the individual refuses.

Acronyms

1. ADA: Americans with Disabilities Act

2. CDOT: Colorado Department of Transportation

3. DOT: Department of Transportation

4. DVIR: Driver’s Vehicle Inspection Report

5. FTA: Federal Transit Administration

6. IVR: Interactive Voice Recording

7. MDT: Mobile Data Terminal

8. MMT: Mountain Metropolitan Transit

9. MVR: Motor Vehicle Record

10. NTD: National Transit Database

11. OTP: On-Time Performance

12. PPRTA: Pikes Peak Rural Transportation Authority


EXPLANATION OF SERVICES

The City of Colorado Springs, d/b/a Mountain Metropolitan Transit, requests proposals from qualified firms to set up, manage, and operate a joint call center for specialized transportation services within El Paso County. The Call Center, also referred to as One Ride, will serve as the regional clearinghouse for specialized transportation trip reservations. One Ride will also schedule reserved trips or will send trip manifests to participating Providers who may perform their own scheduling. One Ride will maintain a centralized database of all trips reserved and may be required to input trip data from external sources. One Ride will also conduct paratransit eligibility determinations, as defined by the Americans with Disabilities Act (ADA) regulations, for clients of multiple transportation providers. Contained in this Scope of Work are the two (2) primary functions of One Ride. All Proposers must submit a separate cost proposal for each of these functions:

Scheduling and Reservations

Client Eligibility Determination

The Proposer must, at a minimum, address the Scheduling and Reservation function utilizing the Proposer’s employees. The Proposer is allowed to subcontract the Eligibility Determination function to another contractor, and any such subcontractor must be identified in the Proposers submittal.


GENERAL SUMMARY OF WORK

1. The Call Center Contractor will manage and operate One Ride. The Call Center

Contractor will serve as the point of contact for trip reservations, which also

includes modifications to reservations, and scheduling for the Service Providers.

2. The Call Center Contractor will provide client eligibility determination services on

behalf of the Service Providers. This will be conducted in accordance with the

ADA, where applicable.

3. The Call Center Contractor will use computerized scheduling and reservation

software, provided by the City of Colorado Springs. The contractor will use this

software to manage service operations. The current software is Trapeze.

4. The Call Center Contractor will provide an appropriately trained workforce in

order to process incoming reservation calls, enter data, determine eligibility and

to complete other functions as outlined in the scope of work.

5. The Call Center Contractor will work in close partnership with the City and the

Service Providers to develop and maintain a positive relationship with the City,

the Service Providers, and the customers. Customers include, but are not limited

to, ADA Complementary ADA Paratransit clients, Service Provider clients,

community members, City personnel, and other contractor personnel.

6. The Call Center Contractor will work with the City to regularly review and refine

service delivery in order to provide the highest level of customer service.

7. Except where provided in this Scope of Work, the Call Center Contractor will

furnish all necessary resources to provide One Ride service.

8. Call Center Contractor is not allowed to also be a Service Provider Contractor.

9. The service start date for One Ride is July 1, 2018.


RESERVATION AND SCHEDULING


A. START-UP The Call Center Contractor must provide a comprehensive, detailed plan of how all start-up tasks will be completed prior to the commencement of service. This plan must address the activities and procedures that will be followed to ensure the smooth commencement of the service. The start-up plan must document recruitment and training schedules, necessary equipment acquisition and all other necessary activities to successfully implement One Ride. This plan must include a detailed chronology/calendar and explanation of all items listed. The start-up plan should cover the time between the issuance of a Notice to Proceed and the One Ride service start date (July 1, 2018).

A. The Call Center Contractor must develop a calendar of project milestones to be

achieved. The City will not pay invoices if milestones are not appropriately

satisfied. Satisfaction is determined at the sole discretion of the City.

B. The Call Center Contractor must begin start-up activities immediately upon

Notice to Proceed, and the start-up activities must be completed by the service

start date. The Call Center Contractor is responsible for carrying out an effective

start-up process.

C. The City will provide the computerized scheduling and reservation software at no

expense to the Call Center Contractor. The current software is Trapeze.

Additionally, the Call Center Contractor will be provided with a facility, currently

located at 1161 Transit Drive, Colorado Springs, Colorado 80903, where they will

conduct One Ride business. Additional information may be found in the “City-

Furnished Property” Section of the Scope.

D. The Call Center Contractor will be compensated for start-up costs in accordance

with its RFP response. The Call Center Contractor will invoice the City on a

monthly basis, no later than the 10th day of the month following the month in

which services were rendered. Payments will be made according to the agreed-

upon price for the start-up cost. Monthly start-up costs are to be priced

separately in the cost proposal and not be included in the fixed or variable costs

for service.

E. The City will monitor the milestones. If the Call Center Contractor fails to

appropriately meet the milestones, the City, at its sole discretion, may assess

liquidated damages as determined during contract negotiations, refuse to pay

start-up costs or terminate the Contract.


B. ONE RIDE IMPLEMENTATION PLAN The Call Center Contractor must prepare an implementation plan that is realistic and as

detailed as possible. This plan must include the following elements, which are further

detailed in the Scope of Work/Services:

A. System Management

1. An organizational chart showing the proposed staffing levels to meet the

requirements of One Ride for start-up and on-going operations of One Ride.

The organization chart must start at the corporate level and continue down to

the lowest reporting level. The chart must indicate the number of each type of

employee and associated job title. This chart must identify all required

personnel and include whether or not an employee has part-time or full-time

status. Additional information may be found in the “Minimum Qualifications of

Key Personnel” Section.

2. A description of the General Manager primary job duties. Detailed information

about job duties may be found in the “Operations Requirement” Section.

3. A plan to develop and maintain positive, cooperative, and constructive

working relationships with City personnel, Service Provider Contractor

personnel, local government agency personnel, community members, and

Complementary ADA Paratransit passengers, in order to provide high quality,

customer-oriented service.

B. Hiring of Employees

1. A description of the hiring strategy, anticipated turnover rate, retention

strategies, and other assumptions regarding hiring plans to meet start-up and

on-going headcount requirements.

2. Anticipated hourly wage to be paid for each position.

3. Number of and the work schedules for all Contractor personnel.

4. Call Center Contractor’s selection criteria for each position and how they

meet or exceed the requirements set for in this Scope of Work.

C. Training of Employees

1. The Call Center Contractor will submit a training schedule for One Ride staff.

This training must consist of classroom training, behind the computer training,

and customer service training. The customer service training curriculum must

include instruction about disability and senior citizen etiquette and sensitivity

in the curriculum. All staff will be familiar in the operation the computerized

scheduling and reservation software.

2. A sample of the classroom training program content, the behind-the-computer

program content, and sample documentation of course material currently

used for staff instruction must be submitted with the proposal.


3. The Call Center Contractor will submit its procedures for on-going/refresher

training of staff. This must include a minimum of four (4) hours of training

each quarter.

4. Documentation regarding all other training requirements that Call Center

Contractor anticipates for start-up.


C. ONE RIDE PROGRAM REQUIREMENTS

A. One Ride will be the point of contact for trip reservations (including modifications

to reservations) and scheduling. Where applicable, the Call Center Contractor

must provide trip manifests for the Service Provider Contractors on a daily basis.

The Service Provider Contractor must deploy vehicles and drivers to provide One

Ride trips and will do so under a separate contract. The Call Center Contractor

will manage reservations and scheduling using a Trip Brokerage Module,

provided by the City. The Call Center Contractor’s staff will determine which

Service Provider is awarded specific trips based on client and scheduling

parameters. If the assigned Service Provider Contractor is unable to perform the

trip, the Call Center Contractor will make additional efforts with other Service

Provider Contractors, until all options are exhausted.

B. The Call Center Contractor will operate out of a City-provided facility, located at

1161 Transit Drive, Colorado Springs, Colorado 80903. The office space is

located on the second floor, above office space currently occupied by the

Complementary ADA Paratransit Contractor. Office space shall be leased to the

Call Center Contractor for one dollar ($1) per calendar year or part thereof during

the term of this contract. The Call Center Contractor shall be responsible for

damages caused by or repairs resulting from the actions of the Call Center

Contractor’s personnel.

C. The Call Center Contractor must provide all personnel and human resource

management to hire, train, and supervise staff.

1. Staffing Levels

i. The Call Center Contractor must maintain, at a minimum, the staffing

levels determined in the proposal. Any reduction to the originally proposed

staffing levels requires City approval. The Call Center Contractor must

provide City written notification of any change in staffing levels. The Call

Center Contractor must accompany any such notification with a “recovery

plan” that addresses personnel shortages.

ii. The Call Center Contractor must not replace the General Manager without

approval from the City. The Call Center Contractor must submit the

résumé and qualifications of its preferred replacement to the City within

thirty (30) days after notification of the General Manager’s

resignation/relocation.

iii. The City reserves the right to approve or disapprove of any candidate for

key personnel positions. Minimum qualifications for key personnel may be

found in the “Minimum Qualifications of Key Personnel” Section.


iv. The City, at its sole discretion, reserves the right to require the Call Center

Contractor remove from activities associated with One Ride any employee

who fails to meet the performance standards.

D. The Call Center Contractor must communicate daily with each Service Provider

Contractor regarding vehicle and driver availability, schedule adherence, and any

other operational issues in order to efficiently schedule and manage daily

operations. Trip manifests shall be sent electronically, where applicable.

E. Call Center Contractor personnel must participate in periodic meetings, as

determined by City staff, with City staff and Service Provider Contractor

personnel to identify and resolve operational issues and will participate in other

coordination efforts with the City.

F. The Call Center Contractor will be responsible for processing all trip reservations

requested by eligible One Ride passengers within the following parameters:

1. Service Boundaries: Service Providers each have different boundaries. The

Complementary ADA Paratransit Contractor only operates service within ¾

mile of the fixed-route service, as required by the ADA. Other Service

Provider Contractors provide transportation services above and beyond the

requirements of the ADA, as set forth in the Service Provider contracts. These

Service Providers may, or may not, provide services outside of the ADA

service boundary. In order for a Service Provider that is not the

Complementary ADA Paratransit Service Provider to provide services inside

of the Complementary ADA Paratransit boundary, the client must receive no

less than a door-through-door level of service.

2. Service Days and Hours: The Complementary ADA Paratransit Service

Provider will provide services during the same timeframe as the fixed-route

transit system. The other Service Provider’s service hours will be determined

by their individual contracts with the City.

G. Other parameters include:

1. On-Time Performance (OTP): The Call Center Contractor shall adjust the

schedule as required and coordinate with the Service Providers to ensure that

a minimum OTP of 93% is achieved.

2. Telephone Performance: The City shall provide the Call Center Contractor

with a telephone system capable of real-time report monitoring. Call Takers

are required to answer all incoming phone calls in a timely matter. The

average wait time to reach personnel on any given day is not to exceed two

(2) minutes. The Call Center Contractor must ensure that 90% of all inbound

calls are handled by a live operator in any one (1) day period. A live operator

is one who answers a call in real time or answers a call from a holding queue.

If a client hangs up while on hold, the call will be classified as not handled.

The calls handled rate for any given day must be no less than 90%. The City


will monitor performance through its use of a telephone monitoring program. If

the Call Center Contractor fails to meet these thresholds, liquidated damages

will be assessed. See the “Liquidated Damages” Section for more details.

3. Complaints: The Call Center Contractor will make every effort to ensure that

zero (0) complaints are received. In the event that an individual is calling to

place a complaint, the call taker will instruct the complainant to call Mountain

Metropolitan Transit’s customer service department. A Customer Service

Agent will put the complaint into the City’s complaint tracking system, known

as COM. The Call Center Contractor will have limited access to COM and will

investigate all complaints and provide a summary of its investigation in COM

within three (3) business days of the initial complaint. Additional time may be

given on a case-by-case basis, at the sole discretion of the City.

H. The Call Center Contractor must process One Ride trip reservations and utilize

the Trip Brokerage Module to assign trips to the appropriate Service Providers.

I. One Ride service may be suspended due to adverse weather or other

emergency conditions at the direction of the City. The City may also make other

service adjustments. The City will coordinate with the Call Center Contractor in

order to ascertain required service levels during adverse weather/emergency

conditions or to assist in coordinating emergency One Ride services.

J. The Call Center Contractor is responsible for collecting and updating service data

information in the software applications supplied by the City. These reports and

their source documentation (computer files, driver logs, etc.) will be retained by

the Call Center Contractor throughout the term of this contract.


D. ALTERNATIVES One Ride will serve as the regional clearinghouse for specialized transportation trip reservations and as such will need to be flexible to accommodate Service Providers with different requirements to meet an overarching goal of providing economical specialized transit to as many people as possible. Some Service Providers may use different software systems, while others may opt to use Trapeze. Some Service Providers may wish to schedule their own trips, while others may utilize One Ride to provide the scheduling service. The City anticipates at least four different Providers will participate in One Ride during the first six (6) months of operation. Thereafter, the City anticipates adding reservations and scheduling services for its Complementary ADA Paratransit Service. Additional Service Providers may enter into One Ride as needs arise. Thus, the Call Center Contractor will be working with several different Service Providers, each with different parameters and services. As a result, One Ride may function in several different ways. The Proposer will offer a cost proposal based on each of the following two (2) categories of operation, accounting for the possibility that different Providers may use different software systems:

1. Reservation-only Function

2. Reservation and Scheduling Functions

Figure 1

Examples of Each Operation Scenarios

One Ride

Reservation

Service Provider

with Trapeze

Service Provider

without Trapeze

Reservation/Scheduling

Service Provider

with trapeze

Service Provider

without Trapeze


The following examples are meant to generally illustrate the needs One Ride will need

to accommodate. These examples are not meant to serve as an exhaustive list of all the

potential scenarios. Proposers may wish to provide examples of their own and explain

their approach to completing trips.

A. Reservation for Service Providers with Trapeze: A caller requests a trip. The Call

Center Contractor reviews which Service Provider(s) may be able to conduct the

trip. After selecting the best-suited Service Provider, the Call Center Contractor

will reserve a trip on that Service Provider’s services. The Service Provider is

then responsible for scheduling and optimizing this trip.

B. Reservation for Service Providers without Trapeze: A caller requests a trip. The

Call Center Contractor reviews which Service Provider(s) may be able to conduct

the trip. After selecting the best-suited Service Provider, the Call Center

Contractor sends a request via the Trip Brokerage Module to the Service

Provider. The Service Provider then determines whether or not it is able to

complete the trip. If unable, it will decline the trip, and the Call Center Contractor

will search for the next best option.

C. Reservation/Scheduling for Service Providers with Trapeze: A caller requests a

trip. The Call Center Contractor will choose the best-suited Service Provider and

reserve the trip. As the date of travel approaches, the Call Center Contractor will

schedule and optimize the trip. All trip adjustments are updated in real-time and

will not require the Call Center Contractor to send a manifest to the respective

Service Provider.

D. Reservation/Scheduling for Service Providers without Trapeze: A caller requests

a trip. The Call Center Contractor will choose the best-suited Service Provider

and reserve the trip. As the date of travel approaches, the Call Center Contractor

will schedule and optimize the trip. The night prior to the day of the trip, the Call

Center Contractor will develop a manifest of all trips scheduled and send it to the

respective Service Providers.


E. MINIMUM QUALIFICATION AND KEY PERSONNEL

A. Contractor Experience: The Call Center Contractor must have at least five (5)

years of relevant experience in providing specialized transportation and call

center service that is similar in size, scope, and complexity.

B. Experience of Key Personnel: Key personnel are required to have relevant, direct

experience at their proposed levels at properties similar in size, scope, and

complexity. Key personnel proposed for this project must meet the requirements

listed below. If a candidate does not meet these requirements, the Proposer may

request a review by the City for acceptability.

1. General Manager – Requires a minimum of three (3) or more years of direct,

relevant experience managing a call center similar in size, cope, and

complexity.

2. Supervisory Personnel/Function – Requires three (3) or more years of direct,

relevant experience supervising the scheduling and reservation functions in

agencies of similar in size, scope, and complexity. Additional information may

be found in the “Operations Requirement” Section.


F. HIRING REQUIREMENTS

The Call Center Contractor must ensure that all personnel utilized in One Ride service

have met the minimum requirements listed below. The Call Center Contractor must use

appropriate employee screening and selection criteria to ensure the employment of the

best qualified applicants available, emphasizing competence, reliability, and good

customer service skills. Hiring records must be available to City personnel upon request

for periodic audits to verify the Call Center Contractor is in compliance with the hiring

requirements for personnel in accordance with the contract.

Staff Requirements

A. Each Call Center Contractor employee must pass a pre-employment drug and

alcohol screening.

B. Each Call Center Contractor employee must be at least 18 years of age, and

legally authorized to work in the United States.

C. In compliance with the Fair Credit Reporting Act, the Call Center Contractor must

complete a nationwide criminal background investigation of each applicant and

must require all applicants to disclose any felony and misdemeanor convictions

in the past seven (7) years. Criminal background checks must include all places

of residence for the past seven (7) years. The Call Center Contractor must

establish procedures to ensure that employees report any subsequent felony and

misdemeanor convictions received during employment with the Call Center

Contractor.

D. All employees must be able to read and speak the English language sufficiently

to converse with the general public (answer questions and provide information),

understand manifests and schedules, and to fill out any other reports as

requested.

E. Any individual who is not eligible for rehire by the City, or another private

contractor that provides services for the City, may not perform work pursuant to

this contract.


G. STAFF TRAINING REQUIREMENTS

The Call Center Contractor must ensure that all employees utilized in One Ride service

have received the minimum training described below. Specific requirements relating to

the instruction topics are noted below and must be incorporated into the classroom

training curriculum. The City will provide assistance to the Call Center Contractor in

developing program content, if requested, but the Call Center Contractor is ultimately

responsible for ensuring that employees receive appropriate training. All course

materials must be submitted to and approved by the City.

The City will monitor the Call Center Contractor's Staff Training Program through

periodic audits of the classroom and instruction materials. The Call Center Contractor

must maintain a complete training file on each employee. Training files must document,

with instructor signatures, hours and dates of classroom instruction. Training records

must be available to City personnel upon request and no later than 24 hours from the

time of the initial request.

Staff Training

Call Center Contractor staff is required, at a minimum, to be provided with classroom

training, behind-the-computer training, disability and senior citizen etiquette and

awareness training, and general customer service training. The length of this training

shall be determined by the Call Center Contractor with the approval of the City. All

training must be provided by a qualified instructor. An instructor must have a minimum

of three (3) years or more experience in the scheduling and reservation functions. All

instructors must have completed an instructor training program, selected by the Call

Center Contractor, and approved by the City. The City reserves the right to require the

removal of any instructor that is not performing satisfactory, at the sole discretion of the

City. The City reserves the right to determine whether or not an individual is qualified to

provide this training. Upon written request, the City may approve a reduced training

curriculum for qualified personnel.

As a part of the classroom training, the Call Center Contractor must provide training on

the following topics:

Terrorism Awareness

Customer Service

Disability and Senior Etiquette

Guide-to-Ride or equivalent from each of the Service Providers

Use of Trapeze reservation and scheduling software

Reservation Process and Rules


Cancellation

Multiple Trips

Trip Refusals

Trip Denials

Subscription Service

Eligibility Requirements

Scheduling

Data Entry

Other topics as determined by the City

Following the successful completion of training, the Call Center Contractor must include

a record in the employee’s personnel file that all of the necessary training has been

successfully completed.

The Call Center Contractor must develop a performance plan for each of its employees.

Included in this plan must be a procedure to address unsatisfactory performance of an

employee. The Performance Plan must include a progressive discipline policy that aims

to correct unsatisfactory performance. Employees are expected to be reviewed at least

once annually.

The Call Center Contractor must provide at least four (4) hours of refresher training per

quarter for all employees. Refresher training may include, but is not limited to, customer

relations, disability and senior citizen etiquette and awareness, best practices, etc.


H. OPERATIONS REQUIREMENTS

The Call Center Contractor must have an adequate number of staff to meet the diverse

needs of One Ride in accordance with the Scope of Work. One Ride’s reservation hours

are from 8:00am to 5:00pm, each day of the week, excluding some holidays. The Call

Center Contractor will observe the same holidays as the fixed-route system. These

include New Year’s Day, Thanksgiving Day, and Christmas Day. Call Center Contractor

staff must be able to meet the requirements listed below.

General Manager

In all aspects of managing One Ride on the City’s behalf, the Call Center Contractor will

exhibit a passenger focus and commitment to continuous quality improvement. The

General Manager will take a team approach in managing One Ride, fostering good

communication with all parties involved with the use and delivery of transportation. The

responsibilities of the General Manager, or designated staff, include:

Scheduling staff;

Distributing and Collecting daily operation reports;

Preparing monthly invoices;

Serving as the responsible party to address any operational problems and passenger complaints;

Acting as a liaison between the Call Center Contractor and City staff;

Preparing monthly reports and summaries; and

Performing other relevant responsibilities as defined by the City.

The General Manager, or designated staff, must be available during all hours of Call

Center operation in order to make decisions and provide coordination. The Call Center

Contractor is required to immediately notify the City in the event of the General

Manager’s absence. In their absence, the Call Center Contractor must provide a

designated staff member who is able to operate in the same capacity as the General

Manager. This includes making executive and operational decision, as necessary. The

Call Center Contractor may choose to allow for the Supervisor to act in this function.

Supervisor

The Call Center Contractor shall either have a specific individual designated as a

Supervisor or the supervisory function may be assigned to a staff member. Personnel

acting in this position are expected to have at least three (3) years of supervisory

experience in reservations and scheduling. The role of the supervisory function will be


largely determined by the Call Center Contractor. The Proposer is encouraged to submit

how they will address this role.

Other Functions

The Call Center Contractor will be responsible for hiring the appropriate personnel to

accomplish the following tasks. These tasks include, but are not limited, to the following:

Reservation Tasks:

Processing reservations for One Ride service using the computerized scheduling

and reservation software, provided by the City.

Ensuring that reservations are made only for eligible One Ride clients.

Ensuring that reservations for One Ride service are made in accordance with

ADA regulations, where applicable. The ADA regulations strictly apply to

Complementary ADA Paratransit, and may not apply entirely to the other Service

Providers’ services. Some of these ADA regulations include:

o Service is provided within the ¾ mile boundary on either side of a fixed-

route.

o Service is provided during the same operational hours as the fixed-route

system.

o No restrictions or priorities are placed on trip purpose, nor a limit placed

on the number of trips that can be taken in a single day.

o Trips times may be negotiated up to one (1) hour on either side of the

requested time in order to maximize productivity. The most efficient trip, as

determined by the reservation software, will be chosen. Clients will be

informed that they may be picked up, up to 15 minutes before the

negotiated pick-up time and up to 15 minutes after the negotiated pick-up

time.

The Call Center Contractor personnel must determine which service is best for

the client. A request for Complementary ADA Paratransit service may not be

denied, provided the client meets all of the program parameters as stipulated in

this contract, the contract with the Complementary ADA Paratransit Contractor,

and all other rules and regulation as depicted in the ADA.

Each Service Provider may have different operational requirements based its

funding source. Program hours may differ from one Service Provider to the other.

Call Center Contractor personnel shall be required to know each of the Service

Providers operational requirements and funding sources.


Scheduling Tasks:

The Call Center Contractor must provide adequate scheduling coverage in coordination

with each of the Service Provider’s hours of service. The responsibility of scheduling

staff includes, but is not limited to:

Using the Trip Brokerage Module to send trip requests to the participating

Service Providers, where necessary. This will be required for those Service

Providers that do not use the same computerized scheduling and reservation

software as the City.

Forward trip manifests to the Service Provider Contractors, when applicable.

Schedule trips in such a manner that each Service Provider Contractor will be

able to ensure that customers will be picked up from their origin and delivered to

their destination in the appropriate amount of time, as defined by applicable law.

Coordinate with Service Provider Contractors to ensure that their drivers are

provided with adequate breaks.

Review and analyze scheduled productivity and recommend parameter changes

that may enhance greater productivity.

Communication between the Call Center Contractor and Service Provider

Contractors

Service Provider Contractors are required to alert the Call Center Contractor in any of

the following events, and the Call Center Contractor is required to document each

occurrence:

An operator is involved in an accident with another vehicle, a pedestrian, a fixed

object, or a passenger is injured on the vehicle.

An operator is behind schedule, and they will not make the next pick-up within

the 15 minute window.

A vehicle has a mechanical problem that will require the vehicle to be taken out

of revenue service. Some mechanical problems may include, but are not limited

to: no heat/AC, wheelchair lift malfunction, vehicle breakdown, vehicle will not

start, etc.

An operator has an incident on the bus that requires the writing up of an incident

report. Some examples include: fare dispute, argument with a passenger, a

passenger is hurting themselves or others, sickness, etc.


An operator is unable to safely secure the client’s mobility device.

Any other emergency situation that require police, fire, or rescue.

In situations where time is of the essence, such as a late vehicle, the Service Provider

will contact the Call Center Contractor, who will in turn communicate with the affected

customer(s). The Call Center Contractor will verify whether or not the individual still

wants to be transported. The Call Center Contractor will inform the passenger of these

types of issues. They will provide the passenger an estimated time of arrival and ask if

they would still like the trip. The Call Center Contractor is responsible for relaying

passenger request back to the Service Provider.


I. PUBLIC INFORMATION/PROMOTION REQUIREMENTS

News media inquiries regarding One Ride service will be forwarded to the City’s

designated media spokesperson for handling and replies. The Call Center Contractor

will, however, designate an individual who is authorized to speak on behalf of the Call

Center Contractor should such a resource be needed, as determined by the City.

There may be times when services offered by the Call Center Contractor are topics of

discussion at public meetings. The City will notify the Call Center Contractor in advance

of these meetings and of the particular concerns which may be expressed. The Call

Center Contractor personnel shall attend the meetings upon request from the City.

The Call Center Contractor will be responsible for periodically distributing information

regarding Complementary ADA Paratransit Service or Service Provider information. The

City will be responsible for all media contacts and preparation of news releases. The

City will be responsible for any direct mailing of information to passengers of the

Complementary ADA Paratransit Program.


J. CUSTOMER COMPLAINT AND COMMENDATION PROCEDURES

All complaints and commendations regarding One Ride’s service shall be processed

through the City’s Customer Service.

A. Definition of a Complaint: Any written or verbal communication, which adversely

reflects on the City’s operation of services as provided by the Call Center

Contractor, or any incident involving a Service Provider Contractor’s staff.

B. Definition of a Commendation: Any written or verbal communication, which

positively reflects on the City’s operation of services as provided by the Call

Center Contractor or any positive experience involving a Service Provider

Contractor’s staff.

C. Investigation of a Complaint or Commendation: the Call Center Contractor is

required to investigate only those claims that are related to its operation. Claims

lodged against a Service Provider Contractor will be investigated by the

appropriate Service Provider Contractor, and are not the responsibility of the Call

Center Contractor. The City shall determine which Contractor is responsible for

investigating a complaint. If the Call Center Contractor is made aware of a

complaint/commendation for a Service Provider, they are to inform the City, so

that the matter may be included in the City’s COM system. Individuals submitting

complaints and/or commendation are to be instructed to contact the Customer

Service department with the City. Upon receipt of an individual submitting a

complaint, the Call Center Contractor has three (3) days to investigate and make

a determination and/or take corrective action. In those circumstances that require

more than three (3) days, the Call Center Contactor may be given additional

time. Extensions to the three (3) day time period may be given at the sole

discretion of the City. At the conclusion of the investigation and follow-up, the

City will make a final determination as to the validity of the complaint.

Commendations do not require investigation.


K. REAL PROPERTY, FACILITIES, AND EQUIPMENT

The City will provide certain equipment and software to facilitate in the Call Center

Contractor’s operation of Call Center services. All property supplied by the City shall

remain the property of the City upon termination of the contract:

Office space on the second floor of 1161 Transit Dr. Colorado Springs, Colorado

80903.

Office equipment including: phones lines, computers, printers, real time call

monitors, and a fax machine.

The computerized scheduling and reservation software, currently Trapeze.

Office desks and chairs.

Security Access Badges

The Call Center Contractor shall be responsible for all custodial services associated

with its operations.

Leased Facilities: The City real property and facilities at 1161 (second floor only) are

hereby leased to the Contractor for the sole purpose of providing the services required

under this contract. The City real property and facilities are leased for one dollar ($1)

per calendar year or part thereof during the term of this contract. The City may

terminate this lease as to any real property, facilities, or equipment or portion thereof,

upon ten (10) business day’s prior written notice to the Call Center Contractor. The City

reserves the right to use any real property, facilities, or equipment or part thereof, at any

time and for any purpose whatsoever. City employees shall have the right to enter into

or onto any real property or facility leased hereunder at any time at the City’s sole

discretion and for any purpose whatsoever.

Use of Real Property: Unless otherwise specified in writing by the Transit Services

Division Manager, the Call Center Contractor shall only use real property and facilities

specified under this Contract for the provision of services to the City. The Call Center

Contractor shall not use, or permit the use by others, of the real property, facilities or

equipment for any other purpose than providing the services required under this

contract. The Call Center Contractor shall not allow persons or organizations to use the

real property, facilities or equipment for any meetings or other activities whatsoever,

including but not limited to activities by non-profit organizations, for profit organizations,

unions, or citizen groups.

Maintenance: The Call Center Contractor, at its sole expense, is responsible for all

maintenance costs on the facilities and site on which the facilities are located unless


specifically excluded herein. All maintenance activities are subject to the written prior

approval of the City and shall maintain the original design and specifications for the

facilities unless otherwise approved in writing by the City. The Call Center Contractor

will perform maintenance actions in accordance with the Facilities and Equipment

Management Procedures Manual referenced below. The Call Center Contractor must

submit completed work order documentation to the Facilities Coordinator no later than

the 10th calendar day after the month the maintenance was required to be

completed. The City shall perform all landscaping maintenance. The Call Center

Contractor performs snow removal on their property. City performs snow removal on

city streets.

Restoration: Upon expiration or termination of this contract, the Call Center Contractor

will restore the facility to its original condition, minus fair wear and tear. The Call Center

Contractor will conduct a joint walk through of the real property facilities to determine

any facility repairs and/or clean up requirements.

Utilities: The Call Center Contractor shall be responsible for obtaining and paying all

costs of utilities in the city provided facilities, including but not limited to electric, gas,

water, sewer, and telecommunications. Utility payments shall be apportioned based on

square feet. The area for which the Call Center Contractor is responsible for is

approximately 1,632 square feet. The City shall provide telecommunication (telephone

and internet) connections listed in the contract. Any long distance phone costs for the

city-provided telecommunications shall be invoiced to the contractor by the City for

payment by the Call Center Contractor to the City. Telecommunication needs in addition

to those identified in the contract shall be the sole responsibility of the Call Center

Contractor.

Administrative and Clerical Office Space: The facility will have space suitable to

accommodate the personnel necessary for operating the service and to maintain and

keep all necessary records. Furniture and other City assets are property of the City. The

Call Center Contractor shall provide its general manager with office furniture as

appropriate. Administrative areas and files shall be well organized.

Reservations and Scheduling Area: Suitable office space shall be dedicated and

functionally organized to accommodate staff.

Cleanliness and Safety of Facilities: The Call Center Contractor, at its sole expense,

shall ensure that all facilities provided in conjunction with this contract are maintained on

a regular basis to ensure a safe, professional, hygienic, and attractive working

environment which is in compliance with all federal, state and local regulations.


Reference Documents: The documents listed below shall serve as a reference. The

Call Center Contractor shall comply with the requirements set forth in the referenced

documents and any revisions, modifications and updates to these documents upon

written notification from the City. The City from time to time may add additional

reference documents or delete reference documents at the City’s sole discretion with

notification to the Call Center Contractor.

a. City of Colorado Springs – Transit Services Division Manuals

i. Contractor Policies and Procedures Manual – Dated December 1, 2010

ii. Facilities and Equipment Management Procedures Manual – Dated

August 2012

b. Paratransit Contractor Facilities Equipment Inventory - Dated Feb 2013

c. Spill Prevention, Control and Countermeasures Plan – Dated May 2013

d. Stormwater Management Plan – Dated January 2013


L. APPLICABLE STANDARDS

The Call Center Contractor is required to follow all of the laws and regulations that

pertain to One Ride’s operation. Furthermore, the Call Center Contractor is required to

follow all of the laws and regulations associated with all of the Service Provider

Contractors as they relate to the operation of One Ride. Audits conducted by the City

are in no way an absolution of these responsibilities. The Call Center Contractor is

required to be aware of all new or changing laws as they relate to One Ride, and must

comply with these laws. Some applicable requirements include, but are not limited to:

Mountain Metropolitan Transit’s Operations Policies and Procedures Manual

FTA Specifications for furnishing National Transit Database (NTD) information.

The various guide-to-rides, or equivalent, for each of the Service Providers.

The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and 47

U.S.C. §§ 225 & 661, as amended, and Section 504 of the Rehabilitation Act of

1973, 29 U.S.C. § 794, as amended; their implementing regulations, 49 C.F.R.

Parts 27, 37 & 38; and applicable guidance provided by the Department of

Transportation, Federal Transit Administration, and/or the Department of Justice.

The Colorado Anti-Discrimination Act, Colo. Rev. Stat. § 24-34-601 et seq., as

amended.

The Federal Motor Carrier Safety Regulations as prescribed by the U.S.

Department of Transportation Federal Motor Carrier Safety.


CLIENT ELIGIBILITY DETERMINATION


M. COMPLEMENTARY ADA PARATRANSIT PROGRAM ELIGIBILITY

The Call Center Contractor may establish a process for determining program eligibility,

or it may subcontract this to another contractor. A separate cost proposal should be

submitted if Proposer opts to address the Eligibility Determination function. If program

eligibility is subcontracted to another contractor, all of the applicable rules and

regulations contained in this scope of work will apply to the subcontractor. The

subcontractor must be included in this proposal and approved by the City.

The Call Center Contractor will oversee the process for determining program eligibility.

In general, the Call Center Contractor will determine eligibility for Complementary ADA

Paratransit Service. As such, it is the Call Center Contractor’s responsibility to know and

properly adhere to all of the rules and regulations as they pertain to Complementary

ADA Paratransit Service.

The ADA specifies three (3) primary categories, or general criteria for determining which

riders are eligibility for Complementary ADA Paratransit.

Category 1

Any individual with a disability who is unable, as the result of a physical or mental

impairment (including a vision impairment), and without the assistance of another

individual (except the operator of a wheelchair lift or other boarding assistance

device), to board, ride, or disembark from any vehicle on the system which is readily

accessible to and usable by individuals with disabilities. (49 C.F.R. Section

37.123(e)(1))

Category 2

Any individual with a disability who needs the assistance of a wheelchair lift or other

boarding assistance device and is able, with such assistance, to board, ride, and

disembark from any vehicle which is readily accessible to and usable by individuals

with disabilities if the individual wants to travel on a route of the system during the

hours of operation of the system at a time, or within a reasonable period of such

time, when such a vehicle is not being used to provide designated public

transportation on the route. (49 C.F.R. Section 37.123(e)(2))

Eligibility under this category depends on the accessibility of vehicles and

stations/stops. A person is eligible for paratransit service if the fixed-route on which

they wish to travel is not accessible.


Category 3

Any individual with a disability who has a specific impairment-related condition which

prevents such individual from traveling to a boarding location or from a disembarking

location on such system. (49 C.F.R. Section 37.123(e)(3))

This category has two (2) important qualifiers. First, environmental conditions and

architectural barriers not under the control of the public entity do not, when

considered alone, confer eligibility. Second, the specific impairment-related condition

must prevent the person from using the fixed-route system. Conditions which make

getting to or from stops/stations more difficult do not confer eligibility. A

determination of whether travel is “more difficult” rather than “prevented” will need to

be made.


N. COMPLEMENTARY ADA PARATRANSIT TYPES OF ELIGIBILITY

Disability alone does not determine Complementary ADA Paratransit Service eligibility.

Eligibility is determined based on the inability to use fixed-route service, some or all of

the time, as a result of a disability. For example, someone with a variable condition

(e.g., multiple sclerosis, HIV disease, need for kidney dialysis) could have their eligibility

based on the underlying condition, with Complementary ADA Paratransit Service need

for a particular trip dependent on self-assessment or a set of medical standards (e.g.,

trip within a certain amount of time after a dialysis session). Nothing prevents an entity

from providing all requested trips to a person whom the ADA requires to receive service

for only some trips.

For the purposes of this contract, there are essentially three (3) different types of

eligibility.

1. Unconditional Eligibility (All Trips)

This is a person whose disability prevents their use of the fixed-route service

under any circumstance, regardless of weather, distance to stop, etc. This

person would qualify for Complementary ADA Paratransit Service at all times.

2. Conditional Eligibility (Some Trips)

This is a person that can be reasonably expected to make some, but not all, of

their trips on the fixed-route service. For example, someone in a wheelchair may

be unable to use the fixed-route in the winter because of the slope of the hill that

ices over in the winter, effectively making it impossible for them to navigate to

and from the fixed-route bus stop.

3. Temporary Eligibility

Eligibility for services may also be granted on a temporary basis. The individual

must meet one (1) of the three (3) eligibility category criteria (previously listed) in

any case, but can do so for a limited period of time. For example, if an individual

breaks both legs and it becomes necessary to use a wheelchair for a period of

time, and the bus route that would normally take him to work is not accessible,

the individual could be eligible under the second eligibility category. In granting

eligibility to such a person, the contractor should establish an expiration date for

eligibility consistent with the expected end of the period disability.


Visitors certified with another Complementary ADA Paratransit Services are

automatically granted a minimum of 21 days of eligibility in any calendar year,

provided they have said system provide documentation that they are currently

eligibility for their paratransit services.

Companions

The Complementary ADA Paratransit Contractor is required to provide Complementary

ADA Paratransit to one (1) person accompanying the eligible individual, with others

served on a space available basis. The one (1) individual who is guaranteed space on

the vehicle can be anyone - family member, business associate, friend, date, etc. The

eligible individual must reserve a space for the companion when the individual reserves

his or her own ride. This individual rides even if this means that there is less room for

other eligible individuals. Additional individuals beyond the first companion are

transported on a space available basis; that is, they do not displace other

Complementary ADA Paratransit eligible individuals.

Personal Care Attendant (PCA)

A personal care attendant (i.e., someone designated or employed specifically to help

the eligible individual meet his or her personal needs) always may ride with the eligible

individual. If there is a personal care attendant on the trip, the eligible individual may

still bring a companion, plus additional companions on a space available basis. The

eligible individual must reserve the space for the PCA.

To prevent potential abuse of this provision, the rule provides that a companion (e.g.,

friend or family member) does not count as a PCA unless the companion is actually

acting in that capacity. As part of the initial eligibility certification process, an individual

must indicate whether he or she travels with a PCA. If someone does not indicate the

use of a PCA then any individual accompanying him or her would be regarded simply as

a companion.

To be viewed as "accompanying" the eligible individual, a companion must have the

same origin and destination points as the eligible individual.


O. COMPLEMENTARY ADA PARATRANSIT FUNCTIONAL ASSESSMENT

All functional assessments will occur at 1015 Transit Drive, Colorado Springs, Colorado

80903. The person(s) conducting functional and physical assessments/evaluations must

be experienced and/or formally trained in these types of assessments or similar

assessments and have at least three (3) years’ experience working with persons with

disabilities in this field. Staff conducting interviews and performing evaluations should

have appropriate experience and professional training in human health and medical

fields. These persons may include, but are not limited to:

Occupational Therapists,

Physical Therapists,

Clinical Kinesiologists,

Nurses who have worked in a rehabilitation or occupational health setting,

Orientation and Mobility specialists,

Professionals with training in cognitive and psychiatric impairments, or

Others as applicable and approved by Mountain Metropolitan Transit.

The Call Center Contractor is required to have qualified staff who collectively should be

able to demonstrate knowledge and abilities including, but not limited to:

Familiarity with functional and cognitive abilities, associated prognosis, and

medications used to treat individuals with a wide range of disabilities,

Ability to assess the interaction of an individual's disabilities with environmental

barriers,

Ability to assess the interaction of an individual's disabilities with the various

components of a transit system required for successful access and utilization of

fixed-route services,

Knowledge of Complementary ADA Paratransit eligibility criteria and service

requirements.

Familiarity with Mountain Metropolitan Transit’s fixed-route service,

Sensitivity to persons with disabilities, including physical, cognitive and

psychiatric disabilities,

Ability to communicate effectively in person and in writing, and

Ability to communicate in other languages in addition to English, with the

assistance of language interpreter services if necessary.


P. COMPLEMENTARY ADA PARATRANSIT REVIEW PROCESS

The Call Center Contractor will include as a part of the eligibility process the following

items:

A. Establish a time for a face-to-face interview with the applicant to review their

application. The Call Center Contractor will schedule Complementary ADA

Paratransit Services or the most appropriate Service Provider for those

individuals who do not have transportation to the appointment.

B. Call Center Contractor personnel who have been trained to evaluate the ability of

an individual to use the fixed-route bus service will conduct the interview. Three

(3) potential outcomes are possible as a result of the interview, each requiring a

different response.

1. If the applicant is eligible for paratransit service: a determination will be made

of the type of eligibility (Category 1, 2, or 3), the length of time of certification

(not to exceed a three (3) year limit), and the details on the individual’s

abilities and needs. Detailed information regarding mobility devices will be

documented (i.e. is a walker, wheelchair, or oxygen used; is a personal care

attendant needed; can certain trips be made on a fixed route bus service,

etc.). The functional assessment can be used to document most of this type

of information. Each eligible applicant will receive a letter of eligibility and a

picture ID, identifying pertinent information. Information will be provided to the

individual regarding how to use the Complementary ADA Paratransit Services

and what to expect when talking with a call taker. Each individual will also

receive a “Guide to Ride”, which outlines Metro Mobility’s service procedures.

If the person is able to use the fixed-route services for part of their trips,

information will be provided on how to obtain information or assistance in

using the fixed route service as well. All of the above forms, booklets,

computer, ID cards, and photo supplies will be provided to the Call Center

Contractor by the City.

2. If the Contractor is uncertain of the ability of a person to use the fixed-route

service, they may request additional information and/or schedule a time for

the person to complete a field evaluation. The field evaluation may be

completed at 1015 Transit Dr. or the individual’s home. Documentation as to

why the person received a “conditional” eligible instead of “unconditional”

eligibility is required. A determination must be completed within a 21-day

period from the time the application process is completion. If a determination

cannot be completed within the 21-day period the individual will be able to

ride on a temporary “presumptive eligibility” basis until a determination is

made. Field evaluations will be scheduled and completed by the Call Center


Contractor in order to determine the capacity by which an applicant may or

may not be able to use the fixed-route service. Information such as the

closest fixed-route stop, walking distance to stops, and pathway barriers

should be considered in the evaluation.

3. If the applicant is found not eligible for Complementary ADA Paratransit

Service, the applicant will be advised that they are able to use the fixed-route

services. Documentation must be provided with an explanation of the reason

for denial. An appeals form will be provided to the individual. The Call Center

Contractor will provide information on the fixed-route system and where to

obtain additional assistance. The Appeals Process will be handled by the

City.


Q. COMPLEMENTARY ADA PARATRANSIT ELIGIBILITY ADMINISTRATION

Eligibility Administration serves as the initial contact person for information on the

Complementary ADA Paratransit Service. The following administrative duties are

required for Complementary ADA Paratransit clients. These include, but are not limited

to:

Answering general questions about eligibility and application process.

Sending applications to callers requesting certification or refer them to the

appropriate webpage.

Sending current clients recertification applications via the mail 60 days prior to

their expiration date.

Sending Medical Release and Professional Verification forms when applicable

(not required for passengers with permanent disabilities meeting the

administrative recertification requirements).

Assisting clients with filling out applications over the phone if assistance is

requested.

Contacting clients via phone and schedule evaluation appointments within 21

days for individuals whose applications have been forwarded to this office.

Calling each passenger or representative a minimum of three (3) times and

maximum of five (5) calls on different days at varying times; before transferring

the file to a “self-denial” status. Self-denial files are kept for three (3) months and

filed/archived annually.

Arranging transportation to the evaluation appointment with Metro Mobility or one

(1) of the other Service Providers.

Following transportation arrangements contact the individual via phone the day

before their scheduled ride to verify the time of the evaluation appointment.

Arranging any special needs a client may need for the certification appointment,

including an interpreter (fees for special services may be invoiced to the City).

Maintaining hard copy files.

Scanning files.

Maintaining the Trapeze client database and resulting data entry for each client.

Maintaining the Trapeze client database, and completing paperwork and

resulting data entry for each administrative recertification (including deactivating

client accounts if recertification documents are returned to the City of Colorado

Springs.

Completing all reporting requirements listed below:

o Completing “Eligibility Time Log” each day clients are scheduled and

update the Eligibility Time Log Spreadsheet.


o Submitting monthly reports of work completed by the Call Center

Contractor to the Transit Services Division along with a monthly invoice

that reflects the task requirements in this scope of work.

o Providing the number of re-certifications and number of new certifications.

o Providing the number of denied certifications with a detailed explanation.

o Providing the number of passengers that are current or future candidates

for travel training.

o Providing the number of clients using Metro Mobility or other Service

Providers transportation to the Certification Office for evaluation.

o Providing the number of passengers utilizing their own transportation to

the certification office for evaluation.

o Keeping monthly appointments made, and complete contact information

for each applicant or their representative prior to the evaluation

appointment.

o Tracking and processing all eligibility data monthly.

o At Year-end (December), Archival, hard copy storage, and total counts of

the following files need to be completed and filed: Self Denials, Denials,

Re-certification Letters Returned, Inactivated Clients, and Clients who

have passed away.


R. TRAVEL TRAINING The Call Center Contractor shall offer travel training to qualified Complementary ADA

Paratransit clients that wish to learn how to utilize the fixed-route service for some or all

of their trips. Qualified clients shall be determined during the eligibility determination

process. Not all clients will qualify and service in this program is very limited. The Call

Center Contractor will be very selective in which clients are trained.

Personnel providing travel training are required to have an extensive knowledge of the Mountain Metropolitan Transit’s fixed-route service and have a strong ability to transfer that knowledge to clients. Personnel are required to be able to properly communicate with clients of all disability types. Travel training is generally conducted via one-on-one training. The travel trainer is expected to monitor and adjust lessons towards the trainee’s skill level. The amount of time with a trainee will vary based on their skill level. Real life scenarios shall be presented to trainees. These scenarios may include, but are not limited to:

Stranger danger,

Crossing busy streets safely,

Asking for transfers, and

What to do if lost

The Proposer is encouraged to provide examples of their own scenarios and explain how they would address the situation. Trainers are required to meet with the City, as often as determined by the City. It is during this time that any new procedures and safety precautions are discussed. The Call Center Contractor will provide no more than 12 client trainings in a Contract year without the City’s permission. The City, at its sole discretion, may allow for additional trainings. The Proposer should provide a cost estimate for an individual training. An example of the travel training curriculum to be used shall be included with the proposal. Travel trainers shall accompany the trainee on the fixed-route system in order to teach them how to ride. The trainee is allowed to choose a destination to which they will frequently be riding and become familiar with the bus procedures. The travel trainer will teach the trainee techniques for riding the fixed route transit system. After each training session, a progress evaluation is completed. The trainee’s ability to ride the fixed-route service is determined by several factors. Trainees must be able to locate the bus stop, identify the correct bus number, flag down the bus, pay their fare or show their bus pass, show ability to recognize landmarks, and signal the driver to pull over at the appropriate time. The travel trainer must evaluate the trainees’ ability to interact with others in a public situation. This includes waiting for the bus in an appropriate manner, locating and taking their seat, demonstrating appropriate behavior while on the bus, and asking for help if assistance is needed. All of these skills are essential to successfully riding the fixed-route service. As riding the fixed-route service becomes more familiar to the trainee, the trainer will start to do less instructing and “fade” into the background. For example, the trainer may


first sit one seat behind the trainee on the bus, moving farther back with more training sessions. Monitoring continues constantly with each new skill and action that the trainee initiates. Prompting continues in the areas where the trainee is more deficient. When a trainee can perform all skills properly and efficiently on the fixed-route service, the trainer must evaluate the trainee in an exit survey, which will determine if a trainee is ready to safely and efficiently ride the fixed-route service independently. This survey will be developed by the Call Center Contractor and approved by the City. Competency needs to be demonstrated in all areas. If the trainee does not do well on the exit survey, then they will either be dropped as a travel training client or will continue training, focusing on the specific areas of deficiency. Travel training is a relatively small project. Annually, there are about 10-12 successful trainees/clients. The average trainee requires approximately five (5) sessions to be trained which amounts to an average of about 12 hours of training.


S. NON-COMPLEMENTARY ADA PARATRANSIT SERVICE PROVIDER ELIGIBILITY

Each Service Provider will have a separate process of how they determined eligibility for their individual programs. The Call Center Contractor is responsible for understanding the Service Providers’ eligibility process and to be up-to-date on all application requirements and procedure. The Call Center Contractor must assist the client with application completion. If the Call Center Contractor determines that an individual is not eligible for a Service Provider’s service and that client wishes to appeal the decision, the appeals will be handled by the Service Provider Contractor. Each Service Provider will have its own appeals process.


TIMELINE

There will be two (2) primary phases regarding Service Provider Contractors.

7/1/2018 Call Center Contractor Begins Operation

Call Center Contractor coordinates reservation/scheduling function for Service Providers, except Complementary ADA Paratransit Service Provider

1/1/2019 Call Center Contractor coordinates reservation/scheduling function for Complementary ADA Paratransit Service Provider


LIQUIDATED DAMAGES

Reservation and Scheduling Function

Performance Standard

Expected Performance Liquidated Damage for Performance below the Standard

Call Taker Hold Time

Average daily caller hold time shall be two (2) minutes or less.

$50 per day if the average hold time exceeds two (2) minutes.

Calls Handled Rate The average daily number of calls that are handled shall be 90% or greater.

$50 per day if the daily average falls below 90%.

Ride Length All scheduled rides for Complementary ADA Paratransit service are not to exceed the same ride length on the equivalent fixed-route service by more than 30 minutes.

$100 per occurrence. This only applies to trips scheduled on the Complementary ADA Paratransit Service Provider. The Call Center Contractor is not responsible for long rides that are the fault of the Complementary ADA Paratransit Service Provider.

Eligibility Determination Function (ADA Complementary ADA Paratransit Only)

Performance Standard

Expected Performance Liquidated Damage for Performance below the Standard

Application Processing

All applications will be process within a 21 day period as prescribed in the ADA.

$50 per occurrence for each application that has not been processed in the 21 day window. This time period does not include the assessment

Client Data Update All Complementary ADA Paratransit client data will be updated within 3 business day of an assessment

$40 per occurrence of a failure to update the client database within a 3 day period.

Appointment Times An Eligibility Specialist must be on time and on site for all eligibility determinations

$75 per occurrence if the Contractor cancels or no-shows a scheduled certification appointment and the client was present for the appointment

EVALUATION CRITERIA

Criteria Weight

Qualification/Experience

Personnel

Firm

35%

Service Delivery Methodology

35%

Price 25%

Proposal

Organization

Quality

5%

78

EXHIBIT 6 – QUALIFICATION STATEMENT

CITY OF COLORADO SPRINGS QUALIFICATION STATEMENT

This statement will provide information which will enable the City to evaluate the qualifications of your firm and staff with regard to the requirements of this Request for Proposal. Please complete this form in its entirety and submit it (in the number of copies requested) along with the other required proposal documents. If a request in the Qualification Statement is contained in the proposal, indicate the section in the proposal where that information can be found.

(PRINT) FIRM NAME:

ADDRESS:

CITY STATE ZIP:

AUTHORIZED REPRESENTATIVE:

TITLE:

AUTHORIZED SIGNATURE:

PHONE: FAX:

E-MAIL ADDRESS:

1. TYPE OF BUSINESS

2. TYPE OF LICENSE & LOCATION

CORPORATION INDIVIDUAL

PARTNERSHIP JOINT VENTURE

OTHER:

3. TYPE OF SERVICE TO BE PROVIDED FOR RFP:

4. NUMBER OF YEARS IN BUSINESS:

5. ON A SEPARATE SHEET PROVIDE A BRIEF HISTORY OF YOUR FIRM, STAFF SIZE AND EXPERIENCE. SUBMIT A RESUME FOR THE PROJECT MANAGER AND EACH KEY PERSONNEL ASSIGNED TO THIS PROJECT. 6. WHAT OTHER NAME(S) HAS YOUR COMPANY OPERATED UNDER:

7. HAVE YOU OR YOUR FIRM EVER FAILED TO COMPLETE ANY WORK AWARDED TO

YOU? YES NO IF “YES”, EXPLAIN:

8. HAS ANY OFFICER OR PARTNER OF YOUR ORGANIZATION EVER BEEN AN OFFICER OR PARTNER OF ANOTHER ORGANIZATION THAT FAILED TO COMPLETE A

CONTRACT WITHIN THE LAST FIVE (5) YEARS? YES NO

IF “YES”, EXPLAIN:

79

RFP YR-NMBR QUALIFICATION STATEMENT – PAGE 2

9. HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN INVOLVED IN ANY

BANKRUPTCY ACTION? YES NO IF “YES”, EXPLAIN:

10. ARE YOU PRESENTLY INVOLVED IN ANY LITIGATION WITH ANY

GOVERNMENT AGENCY? YES NO IF “YES”, EXPLAIN TYPE,

KIND, PLAINTIFF, DEFENDANT, ETC., AND STATE THE CURRENT STATUS:

11. BANK REFERENCE:

ADDRESS:

CONTACT: PHONE: 12. LIST THREE (3) SIMILAR PROJECTS (LOCAL OR STATE-WIDE) FROM LAST FIVE (5) YEARS-INCLUDE LOCATION OF PROJECT, SIZE OF PROJECT (CONTRACT AMOUNT), CONTACT NAME, ADDRESS, TELEPHONE NUMBERS NOTE: DETAILED INFORMATION ON THESE PROJECTS MAY ALSO BE REQUESTED IN THE RFP PACKAGE. 1. Location of Project:

Size of Project:

Contract Amount:

Contact Name and Title:

Contract Address:

Contact telephone and FAX Numbers:

2. Location of Project:

Size of Project:

Contract Amount:

Contact Name:

Contact Address:



Size of Project:

Contract Amount:

Contact Name:

Contact Address:


13. LIST CURRENT SIMILAR PROJECTS (LOCAL OR STATE-WIDE) UNDER CONTRACT- INCLUDE LOCATION OF PROJECT, SIZE OF PROJECT (CONTRACT AMOUNT) CONTACT NAME, ADDRESS, TELEPHONE NUMBERS. NOTE: DETAILED INFORMATION ON THESE PROJECTS MAY ALSO BE REQUESTED IN THE RFP PACKAGE. 1. Location of Project:

Size of Project:

Contract Amount:

80


Contact Address:



Size of Project:

Contract Amount:


Contact Address:



Size of Project:

Contract Amount:


Contact Address:


14. LIST OF SUB-CONTRACTORS TO BE USED FOR THIS PROJECT:

(INCLUDE NAME, ADDRESS, TELEPHONE NUMBER, TYPE OF WORK) 1. Name:

Address:

Telephone Number:

Type of Work:

2. Name:

Address:

Telephone Number:

Type of Work:

3. Name:

Address:

Telephone Number:

Type of Work:

IF ADDITIONAL INFORMATION IS PROVIDED ON A SEPARATE SHEET FOR ANY OF THE ITEMS, CLEARLY SPECIFY WHERE IT CAN BE LOCATED IN YOUR PROPOSAL PACKAGE.

81

EXHIBIT 7 – EVALUATION SCORESHEET

PROPOSAL EVALUATION SCORE SHEET SOLICITATION NUMBER AND TITLE:

Proposer’s Name: ________________________________

Evaluator’s Name: ________________________________

RFP EVALUATION CRITERIA DESCRIPTION Weight

1. Service Delivery Method The Offeror must explain its overall solution, considering the scope of work or statement of work provided. The content must include, but not necessarily be limited to, the following information.

35%

A. Understanding of and compliance with technical requirements

The proposal should not merely parrot the requirements of the RFP. Further, the Offeror should provide evidence of sufficient planning to ensure the work is completed on schedule and within budget. Consider the following questions.

1. Does the proposal demonstrate a firm understanding of the

requirements and goals of the Statement of Work, as well as industry standards and reasonable expectations for a company in the industry?

2. Does the proposal fully and completely address each requirement and goal of the Statement of Work?

3. Does the proposal provide solutions to indicate that requirements and goals will be met on schedule?

4. Does the technical solution seem realistic? 5. Does it generally appear that the Offeror knows and

thoroughly understands the business and requirement? COMMENTS:

Rating: ____

B. Project Approach

The Offeror should clearly present proposed solutions and indicate that it has performed adequate planning to accomplish tasks as defined in the Statement of Work. Innovations, efficiencies, and detailed specifics are all

Rating: ____

82

encouraged. The Offeror must at least address the following areas:

1. Schedule Management. Offeror must approach to schedule

management including updating and reporting progress of the work.

2. Quality Control. Offeror must discuss quality control plan, processes and approach to ensure that the City receives a quality product.

3. Safety. Offeror must discuss approach and commitment to safety for its workers, the public, and City employees, if services are accomplished on a City site.

4. Offeror must discuss potential issues it foresees with this project and how Offeror would make adjustments if encountered.

Consider the following questions.

1. Does the proposal include a complete plan to accomplish

each requirement, including subcontracting (if applicable)? 2. Does the proposal demonstrate that appropriate and qualified

personnel and equipment will be provided to carry out the requirement?

3. Is the proper level of effort directed toward each requirement? Does the level of effort look unrealistically low or unreasonably high?

COMMENTS:

Sum of Ratings in Service Delivery Method:

Evaluation Factor:

35%

2. Qualifications/Experience The Offeror must explain its method of managing the work to be performed. The content must include, but no necessarily be limited to, the following information.

35%

A. Personnel

The Offeror should provide a plan of operation, to include management of personnel, workload, schedule, and budget. It should also include an organization chart which demonstrates clear and effective lines of authority, responsibility, and communication for management, supervisory,

Rating: ____

83

and technical personnel. The plan should address which job classification or personnel will be assigned to each task and how that determination is made. Basic human resource management concepts should be addressed, including hiring, firing, discipline, incentive plans, etc.

The Offeror shall provide a detailed schedule for the project showing the key activities and how they will meet or better the County’s timeframe and maximize efficiency to provide the best value to the City and minimize impacts to the public. The schedule shall be based on the Offeror’s understanding and approach to the work as addressed above.

Consider the following questions.

1. Does the proposal address the issues above in sufficient

detail to demonstrate a sophisticated and mature management control system?

2. Are program management controls consistent with the technical portion of the proposal, especially regarding schedule and level of effort?

3. Does the plan and controls indicate that the Offeror will obtain, keep, and efficiently utilize high quality personnel?

4. Does the offer address corrective actions? 5. Does the proposal explain how the Offeror will remain within

schedule and budget? COMMENTS:

B. Firm

The Offeror should provide at least three references or contracts demonstrating that it successfully provided services/products same or similar to those required in the RFP. Consider the following questions.

1. Does the proposal include at least three references or past

performance citations? 2. Are the references or past performance citations relevant to

the requirements of the Statement of Work of the RFP? 3. Does the Offeror explain how they were successful on the

projects provided as past performance? 4. Does the Offeror apply the past performance to the City

requirement in such a way as to demonstrate added value due to experience?

In the Management Area, resumes must be provided for all personnel considered key, as required by the RFP. It is highly recommended that the

Rating: ____

84

Offeror provide sufficient content and detail to answer completely the following questions. Resumes do not count toward the page limitation. Explain how the key personnel were related to the projects cited as relevant past performance. Consider the following questions.

1. Does the Offeror provide complete resumes, including

education, experience, background information, accomplishments, and other pertinent information?

2. Does the Offeror provide resumes for all key personnel, as required by the RFP?

3. Do the resumes demonstrate adequate professional, technical, and management levels to accomplish the work effectively and efficiently?

COMMENTS:

Sum of Ratings in Qualifications/Experience

Evaluation Factor:

35%

3. PRICE/COST AREA 25%

The Offeror should provide a detailed breakdown of the price for each year of performance. The price must be fully loaded/all-inclusive and include unit cost for material, labor, other direct costs (e.g. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee. Offers must include sufficient detail to allow insight into the fairness and reasonableness of the price. If the contract type will be T&M, labor categories, labor rates, separated profit, and estimated material costs must be included in detail. In addition, although price may not be the most important factor, it is still very important to the City of Colorado Springs. The Offeror’s pricing must be competitive as compared to the budget amount, market pricing in the industry, and the pricing of the other Offerors. Consider the following questions:

1. How does the price compare to the industry competition? 2. If low, is it unrealistically low? 3. If high, is there demonstrated added value for the additional

cost? 4. Can you see how the price was built? If so, do the costs look

Rating: ____

85

appropriate for the task? 5. Does the Offeror leave applicable costs out of the

calculations? For instance, some will say travel is not included and will be an extra cost. This should be considered when comparing to other Offerors.

6. Are there additional costs not addressed that the City would incur if the Offeror were awarded the contract? If so, include those costs when comparing to the budget amount and the competition.

7. The proposal should adequately explain how the projects were completed on schedule and within budget. COMMENTS:

Total Price/Cost Area Evaluation Factor:

25%

4. PROPOSAL PRESENTATION

5%

Presentation is an important factor. Offerors should provide a highly professional product, which is complete, accurate, easily understood, and effectively presented. COMMENTS:

Total Proposal Presentation Area

Evaluation Factor:

LOCATION BONUS (IF APPLICABLE)

Total Bonus Points for location:

EXCEPTIONS PROPOSED

What (if any) exceptions (redlines to our terms and conditions) were proposed? Are they acceptable? COMMENTS:

Pass/Fail

TOTAL SCORE – Add Evaluation Scores from Sections 1-4 and location bonus (if applicable). The sum is the total score.

Total Score:

86

Overall Proposal Strengths: Overall Proposal Weaknesses:

87

EXHIBIT 8 FEDERAL TRANSIT ADMINISTRATION (FTA) CLAUSES

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by

the Federal Government in or approval of the solicitation or award of the underlying contract,

absent the express written consent by the Federal Government, the Federal Government is not

a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,

Contractor, or any other party (whether or not a party to that contract) pertaining to any matter

resulting from the underlying contract.

2. The Contractor agrees to include the above clause in each subcontract financed in whole or in

part with Federal assistance provided by FTA. It is further agreed that the clause shall not be

modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001

49 U.S.C. 5307

1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of

1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil

Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of

the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any

statement it has made, it makes, it may make, or causes to be made, pertaining to the

underlying contract or the FTA assisted project for which this contract work is being performed.

In addition to other penalties that may be applicable, the Contractor further acknowledges that

if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission,

or certification, the Federal Government reserves the right to impose the penalties of the

Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal

Government deems appropriate.

2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or

fraudulent claim, statement, submission, or certification to the Federal Government under a

contract connected with a project that is financed in whole or in part with Federal assistance

originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the

right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor,

to the extent the Federal Government deems appropriate.

3. The Contractor agrees to include the above two clauses in each subcontract financed in whole

or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not

be modified, except to identify the subcontractor who will be subject to the provisions.

ACCESS TO RECORDS AND REPORTS

49 U.S.C. 5325

88

18 CFR 18.36 (i)

49 CFR 633.17

The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a

subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to

provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or

any of their authorized representatives access to any books, documents, papers and records of

the Contractor which are directly pertinent to this contract for the purposes of making audits,

examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17

to provide the FTA Administrator or his authorized representatives including any PMO

Contractor access to Contractor's records and construction sites pertaining to a major capital

project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the

programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in

accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA

Administrator or his authorized representatives, including any PMO Contractor, access to the

Contractor's records and construction sites pertaining to a major capital project, defined at 49

U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described

at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less

than the simplified acquisition threshold currently set at $100,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under

the simplified acquisition threshold and is an institution of higher education, a hospital or other

non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in

accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator,

the Comptroller General of the United States or any of their duly authorized representatives

with access to any books, documents, papers and record of the Contractor which are directly

pertinent to this contract for the purposes of making audits, examinations, excerpts and

transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in

accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement

(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall

make available records related to the contract to the Purchaser, the Secretary of Transportation

and the Comptroller General or any authorized officer or employee of any of them for the

purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means

whatsoever or to copy excerpts and transcriptions as reasonably needed.

6. The Contractor agrees to maintain all books, records, accounts and reports required under this

contract for a period of not less than three years after the date of termination or expiration of

this contract, except in the event of litigation or settlement of claims arising from the

performance of this contract, in which case Contractor agrees to maintain same until the

89

Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized

representatives, have disposed of all such litigation, appeals, claims or exceptions related

thereto. Reference 49 CFR 18.39(i)(11).

7. FTA does not require the inclusion of these requirements in subcontracts.

Requirements for Access to Records and Reports by Types of Contract

Contract

Characteristics

Operational

Service

Contract

Turnkey Construction Architectural

Engineering

Acquisition

of Rolling

Stock

Professional

Services

I State Grantees

a. Contracts

below SAT

($100,000)

b. Contracts

above

$100,000/Capital

Projects

None

None unless1

non-

competitive

award

Those

imposed on

state pass

thru to

Contractor

None

Yes, if non-

competitive

award or if

funded thru2

5307/5309/53

11

None

None unless

non-

competitive

award

None

None unless

non-

competitive

award

None

None unless

non-

competitive

award

II Non State

Grantees

a. Contracts

below SAT

($100,000)

b. Contracts

above

$100,000/Capital

Projects

Yes3

Yes3

Those

imposed on

non-state

Grantee pass

thru to

Contractor

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17

3 18 CFR 18.36 (i)

FEDERAL CHANGES

49 CFR Part 18

90

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and

directives, including without limitation those listed directly or by reference in the Master Agreement

between Purchaser and FTA, as they may be amended or promulgated from time to time during the

term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

CIVIL RIGHTS REQUIREMENTS

29 U.S.C. § 623, 42 U.S.C. § 2000

42 U.S.C. § 6102, 42 U.S.C. § 12112

42 U.S.C. § 12132, 49 U.S.C. § 5332

29 CFR Part 1630, 41 CFR Parts 60 et seq.

The following requirements apply to the underlying contract:

1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §

2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section

202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at

49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or

applicant for employment because of race, color, creed, national origin, sex, age, or disability. In

addition, the Contractor agrees to comply with applicable Federal implementing regulations and

other implementing requirements FTA may issue.

2. Equal Employment Opportunity - The following equal employment opportunity requirements

apply to the underlying contract:

a. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights

Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the

Contractor agrees to comply with all applicable equal employment opportunity

requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal

Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"

41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal

Employment Opportunity," as amended by Executive Order No. 11375, "Amending

Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e

note), and with any applicable Federal statutes, executive orders, regulations, and

Federal policies that may in the future affect construction activities undertaken in the

course of the Project. The Contractor agrees to take affirmative action to ensure that

applicants are employed, and that employees are treated during employment, without

regard to their race, color, creed, national origin, sex, or age. Such action shall include,

but not be limited to, the following: employment, upgrading, demotion or transfer,

recruitment or recruitment advertising, layoff or termination; rates of pay or other

forms of compensation; and selection for training, including apprenticeship. In addition,

the Contractor agrees to comply with any implementing requirements FTA may issue.

b. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,

as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor

agrees to refrain from discrimination against present and prospective employees for

91

reason of age. In addition, the Contractor agrees to comply with any implementing

requirements FTA may issue.

c. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as

amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the

requirements of U.S. Equal Employment Opportunity Commission, "Regulations to

Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29

C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the

Contractor agrees to comply with any implementing requirements FTA may issue.

3. The Contractor also agrees to include these requirements in each subcontract financed in whole

or in part with Federal assistance provided by FTA, modified only if necessary to identify the

affected parties.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

49 CFR Part 26

A. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,

Participation by Disadvantaged Business Enterprises in Department of Transportation Financial

Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises

(DBE) is 10%. The agency’s overall goal for DBE participation is 6 %. A separate contract goal

has not been established for this procurement.

B. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the

performance of this contract. The contractor shall carry out applicable requirements of 49 CFR

Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor

to carry out these requirements is a material breach of this contract, which may result in the

termination of this contract or such other remedy as the City of Colorado Springs deems

appropriate. Each subcontract the contractor signs with a subcontractor must include the

assurance in this paragraph (see 49 CFR 26.13(b)).

The successful bidder/offeror will be required to report its DBE participation obtained through

race-neutral means throughout the period of performance.

C. The contractor is required to pay its subcontractors performing work related to this contract for

satisfactory performance of that work no later than 30 days after the contractor’s receipt of

payment for that work from the City of Colorado Springs. In addition, the contractor may not

hold retainage from its subcontractors.

D. The contractor must promptly notify the City of Colorado Springs, whenever a DBE

subcontractor performing work related to this contract is terminated or fails to complete its

work, and must make good faith efforts to engage another DBE subcontractor to perform at

least the same amount of work. The contractor may not terminate any DBE subcontractor and

perform that work through its own forces or those of an affiliate without prior written consent

of the City of Colorado Springs.

92

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

FTA Circular 4220.1F

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,

whether or not expressly set forth in the preceding contract provisions. All contractual provisions

required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to

the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of

a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act,

fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause the

City of Colorado Springs to be in violation of the FTA terms and conditions.

TERMINATION

49 U.S.C.Part 18

Termination for Convenience

The City of Colorado Springs may terminate this contract, in whole or in part, at any time by written

notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its

costs, including contract close-out costs, and profit on work performed up to the time of termination.

The Contractor shall promptly submit its termination claim to the City of Colorado Springs to be paid the

Contractor. If the Contractor has any property in its possession belonging to the City of Colorado

Springs, the Contractor will account for the same, and dispose of it in the manner the City of Colorado

Springs directs.

Termination for Default [Breach or Cause]

If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the

contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the

Contractor fails to comply with any other provisions of the contract, the City of Colorado Springs may

terminate this contract for default. Termination shall be effected by serving a notice of termination on

the contractor setting forth the manner in which the Contractor is in default. The contractor will only be

paid the contract price for supplies delivered and accepted, or services performed in accordance with

the manner of performance set forth in the contract.

If it is later determined by the City of Colorado Springs that the Contractor had an excusable reason for

not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the

control of the Contractor, the City of Colorado Springs, after setting up a new delivery of performance

schedule, may allow the Contractor to continue work, or treat the termination as a termination for

convenience.

Opportunity to Cure

The City of Colorado Springs in its sole discretion may, in the case of a termination for breach or default,

allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case,

the notice of termination will state the time period in which cure is permitted and other appropriate

93

conditions

If Contractor fails to remedy to the City of Colorado Springs' satisfaction the breach or default of any of

the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of

written notice from the City of Colorado Springs setting forth the nature of said breach or default, the

City of Colorado Springs shall have the right to terminate the Contract without any further obligation to

Contractor. Any such termination for default shall not in any way operate to preclude the City of

Colorado Springs from also pursuing all available remedies against Contractor and its sureties for said

breach or default.

Waiver of Remedies for any Breach

In the event that the City of Colorado Springs elects to waive its remedies for any breach by Contractor

of any covenant, term or condition of this Contract, such waiver by the City of Colorado Springs shall not

limit the City of Colorado Springs' remedies for any succeeding breach of that or of any other term,

covenant, or condition of this Contract.

BREACHES AND DISPUTE RESOLUTION

49 CFR Part 18

Disputes

Disputes arising in the performance of this Contract which are not resolved by agreement of the parties

shall be decided in writing by the authorized representative of the City of Colorado Springs' mayor. This

decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy,

the Contractor mails or otherwise furnishes a written appeal to the mayor. In connection with any such

appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of

its position. The decision of the mayor shall be binding upon the Contractor and the Contractor shall

abide be the decision.

Performance during Dispute

Unless otherwise directed by the City of Colorado Springs, Contractor shall continue performance under

this Contract while matters in dispute are being resolved.

Claims for Damages

Should either party to the Contract suffer injury or damage to person or property because of any act or

omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a

claim for damages therefore shall be made in writing to such other party within a reasonable time after

the first observance of such injury of damage.

Remedies

Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in

question between the City of Colorado Springs and the Contractor arising out of or relating to this

agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of

94

competent jurisdiction within the State in which the City of Colorado Springs is located.

Rights and Remedies

The duties and obligations imposed by the Contract Documents and the rights and remedies available

thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies

otherwise imposed or available by law. No action or failure to act by the City of Colorado Springs, or

Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor

shall any such action or failure to act constitute an approval of or acquiescence in any breach

thereunder, except as may be specifically agreed in writing.

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is

required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or

affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940

and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include

the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it

enters into.

CLEAN AIR

42 U.S.C. 7401 et seq

40 CFR 15.61

49 CFR Part 18

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant

to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each

violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each

violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000

financed in whole or in part with Federal assistance provided by FTA.

CLEAN WATER REQUIREMENTS

33 U.S.C. 1251

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant

to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to

report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,

report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000

financed in whole or in part with Federal assistance provided by FTA.

CARGO PREFERENCE REQUIREMENTS

95

46 U.S.C. 1241

46 CFR Part 381

Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag

commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk

carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or

commodities pursuant to the underlying contract to the extent such vessels are available at fair and

reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days

following the date of loading for shipments originating within the United States or within 30 working

days following the date of leading for shipments originating outside the United States, a legible copy of a

rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the

preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime

Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a

subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to

this contract when the subcontract may involve the transport of equipment, material, or commodities

by ocean vessel.

FLY AMERICA REQUIREMENTS

49 U.S.C. §40118

41 CFR Part 301-10

The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the

General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and

subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S

Government-financed international air travel and transportation of their personal effects or property, to

the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined

by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate

certification or memorandum adequately explaining why service by a U.S. flag air carrier was not

available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate

of compliance with the Fly America requirements. The Contractor agrees to include the requirements of

this section in all subcontracts that may involve international air transportation.

ENERGY CONSERVATION REQUIREMENTS

42 U.S.C. 6321 et seq.

49 CFR Part 18

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency

which are contained in the state energy conservation plan issued in compliance with the Energy Policy

and Conservation Act.

RECYCLED PRODUCTS

42 U.S.C. 6962

40 CFR Part 247

96

Executive Order 12873

Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the

Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited

to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the

procurement of the items designated in Subpart B of 40 CFR Part 247.

97

BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 CFR Part 661

BUY AMERICA CERTIFICATION

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.

Date _________________________________________________________________

Signature ____________________________________________________________

Company Name ____________________________________________________________

Title _________________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _______________________________________________________________

Signature ____________________________________________________________

Company Name ________________________________________________________

Title _______________________________________________________________

98

LOBBYING CERTIFICATION

Certification for Contracts, Grants, Loans, and Cooperative Agreements

(To be submitted with each bid or offer exceeding $100,000)

The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

__________________________ Signature of Contractor's Authorized Official

__________________________ Name and Title of Contractor's Authorized Official

___________________________ Date

Call Center Brokerage R17-188 AD 99

t. SUSPENSION & DEBARMENT CERTIFICATION

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City of

Colorado Springs. If it is later determined that the bidder or proposer knowingly rendered an

erroneous certification, in addition to remedies available to the City of Colorado Springs, the

Federal Government may pursue available remedies, including but not limited to suspension

and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR

29, Subpart C while this offer is valid and throughout the period of any contract that may arise

from this offer. The bidder or proposer further agrees to include a provision requiring such

compliance in its lower tier covered transactions.

Date: _______________________________________________________________________________

Signature: ___________________________________________________________________________

Company Name: ______________________________________________________________________

Title: ________________________________________________________________________________


PROMPT PAYMENT TO SUBCONTRACTORS Subcontractors are subject to the provisions of 49 CFR §26.29

A. The Contractor is required to pay all Subcontractors for all work that the Subcontractor has satisfactorily completed, no later than thirty (30) calendar days after the Contractor has received payment from the City of Colorado Springs. B. In addition, the contractor is required to return any retainage payments to those Subcontractors within thirty (30) calendar days after the Subcontractor’s work related to this contract, is satisfactorily completed. D. The Contractor is required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes. E. The City of Colorado Springs will not pay the Contractor for work performed unless and until the Contractor ensures that the Subcontractors have been promptly paid for the work they have performed under all previous payment requests, as evidenced by either canceled checks (submitted with contractor invoice at the completion of the contract) and the Contractor’s signature below that it will comply with the prompt payment requirements. F. Failure to comply with these prompt payment requirements is a breach of the Contract, which may lead to any remedies permitted under law, including, but not limited to, Contractor suspension and/or debarment.

Date: _______________________________________________________________________________

Signature: ___________________________________________________________________________

Company Name: ______________________________________________________________________

Title: ________________________________________________________________________________


SECTION VI 6.0 SCHEDULES

Schedule A Pricing Template Structure


SCHEDULE A – PRICING STRUCTURE TEMPLATE – ATTACHMENT A