HAPCAP/ATHENS PUBLIC TRANSIT Request for … · HAPCAP/ATHENS PUBLIC TRANSIT Request for Proposals:...

HAPCAP/ATHENS PUBLIC TRANSIT

Request for Proposals:

Automatic Vehicle Location and Passenger Real-Time

Bus Tracking System

Proposal Due Date: Friday, August 15th, 2014

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Table of Contents

1.0 PROJECT BACKGROUND................................................................................ 3

1.1 DEFINITIONS ................................................................................................ 3

1.2 OVERVIEW OF THE TRANSIT SYSTEM ........................................................... 3 1.3 SERVICE DESCRIPTION ................................................................................. 4

1.3.1 Hours ..................................................................................................................... 4 1.3.2 Statistical Profile ................................................................................................... 4

1.4 CURRENT TECHNOLOGY .............................................................................. 5 1.4.1 Office IT Environment ........................................................................................... 5 1.4.2 Web/Social Media Presence .................................................................................. 5 1.4.3 Mobile Communications........................................................................................ 5

2.0 SCOPE OF WORK & TECHNICAL SPECIFICATION ................................ 6

2.1 TECHNICAL SPECIFICATIONS ........................................................................ 6 2.1.1 AVL/Public Tracking System Overview................................................................. 6 2.1.2 General Software Requirements, All Users and Platforms ................................... 6 2.1.3 Public Website Capabilities .................................................................................. 7 2.1.4 Public Mobile Device Access ................................................................................ 8 2.1.5 Administrative Software Capabilities .................................................................... 8 2.1.6 Generated Data and Management Reports ........................................................... 9 2.1.7 In-Vehicle Software ............................................................................................. 10 2.1.8 In-Vehicle Hardware ........................................................................................... 11

2.2 INSTALLATION, TESTING, AND ACCEPTANCE ............................................. 12 2.2.1 Access to Customer Transit Office Locations ..................................................... 12 2.2.2 Installation .......................................................................................................... 12 2.2.3 On-Site Representation........................................................................................ 12 2.2.4 Testing Period ..................................................................................................... 12 2.2.5 Errors, Corrections, and Fixes ............................................................................ 12 2.2.6 Final Testing ....................................................................................................... 12 2.2.7 Acceptance .......................................................................................................... 12

2.3 SYSTEM TRAINING, MAINTENANCE AND SUPPORT .................................... 13 2.3.1 System Training ................................................................................................... 13 2.3.2 System Support .................................................................................................... 13 2.3.3 System Maintenance ............................................................................................ 13

3.0 INSTRUCTIONS TO PROPOSERS ................................................................ 14

3.1 PROPOSAL FORMAT AND SUBMISSION GUIDELINES ................................... 14 3.1.1 General Format Instructions ............................................................................... 14 3.1.2 Proposal Schedule ............................................................................................... 14 3.1.3 Requirements for Technical Proposal Sections ................................................... 15 3.1.4 - Proposed Initial Term of Contract .................................................................... 16 3.1.5 Submission of Supplemental Material ................................................................. 16 3.1.6 Proprietary or Confidential Information ............................................................ 16 3.1.7 Disadvantaged Business Enterprises .................................................................. 16

3.2 COST PROPOSAL INSTRUCTIONS ................................................................ 17 3.2.1 Format of Cost Proposal ..................................................................................... 17 3.2.2 Instructions for Cost Proposal Completion ......................................................... 17 3.2.3 Preference for Fixed-Cost Pricing ...................................................................... 17 3.2.4 Full and Complete Costs ..................................................................................... 17

3.3 COMMUNICATIONS ..................................................................................... 18 3.3.1 Format for Questions .......................................................................................... 18 3.3.2 Pre-Proposal Conference .................................................................................... 18 3.3.3 On-site Interviews ............................................................................................... 18

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3.4 EVALUATION METHODOLOGY ................................................................... 18 3.4.1 Evaluation Criteria ............................................................................................. 18

3.5 PROPOSAL SUMMARY ................................................................................ 19 3.5.1 Proposer’s Checklist ........................................................................................... 19

4.0 GENERAL TERMS AND CONDITIONS ....................................................... 20

4.1 PROPOSALS - GENERAL TERMS AND CONDITIONS ...................................... 20 4.1.1 Addenda ............................................................................................................... 20 4.1.2 Late Proposals/Modifications or Withdrawals ................................................... 20 4.1.3 Proposals Binding ............................................................................................... 20 4.1.4 Conditional Proposals ......................................................................................... 20 4.1.5 Acceptance/Rejection of Proposals ..................................................................... 20

4.2 CONTRACTS - GENERAL TERMS AND CONDITIONS ..................................... 20 4.2.1 Award of Contract ............................................................................................... 20 4.2.2 Contract Type ...................................................................................................... 20 4.2.3 Governing Law .................................................................................................... 21 4.2.4 Term of Payment ................................................................................................. 21 4.2.5 Subletting of Contract ......................................................................................... 21 4.2.6 Assignment /Transfer of Interests ........................................................................ 21 4.2.7 Licenses, Permits, and Taxes .............................................................................. 21 4.2.8 Safety ................................................................................................................... 21 4.2.9 Warranty of Software .......................................................................................... 21 4.2.10 Data Rights .......................................................................................................... 21

5.0 PROPOSAL CLAUSES AND CERTIFICATIONS ........................................ 22

5.1 FEDERALLY REQUIRED CLAUSES ............................................................... 22 5.1.1 Definitions ........................................................................................................... 22 5.1.2 Fly America Requirements .................................................................................. 22 5.1.3 Cargo Preference: Use of United States-Flag Vessels ........................................ 23 5.1.4 Energy Conservation ........................................................................................... 23 5.1.5 Access to Records ................................................................................................ 23 5.1.6 Federal Changes ................................................................................................. 24 5.1.7 Recycled Products ............................................................................................... 24 5.1.8 No Government Obligation to Third Parties ....................................................... 25 5.1.9 Program Fraud and False or Fraudulent Statements or Related Acts ............... 25 5.1.10 Termination ......................................................................................................... 26 5.1.11 Government Wide Debarment and Suspension (Non Procurement) ................... 28 5.1.12 Contracts Involving Federal Privacy Act Requirements ..................................... 29 5.1.13 Civil Rights Requirements ................................................................................... 29 5.1.14 Disadvantaged Business Enterprises .................................................................. 34 5.1.15 Incorporation of Federal Transit Administration (FTA) Terms .......................... 35 5.1.16 Conformance with ITS National Architecture ..................................................... 35 5.1.17 Access Requirements for Persons with Disabilities ............................................ 35

5.2 OTHER FEDERAL REQUIREMENTS .............................................................. 35

5.3 REQUIRED CERTIFICATIONS ....................................................................... 37 5.3.1 Certification of Receipt of Addenda to the Request for Proposal ....................... 38 5.3.2 Affidavit of Non-Collusion................................................................................... 39 5.3.3 Suspension and Debarment Certification ............................................................ 40

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1.0 Project Background

1.1 Definitions

Authorized Signee means the person authorized to execute contracts on Proposer's behalf.

Customer means the procuring agency issuing this RFP: the Hocking Athens Perry

Community Action (HAPCAP) Athens Public Transit Program, also referred to herein as

Athens Public Transit or APT. The Customer is a subrecipient of federal funds, under the

oversight of FTA and ODOT.

Contract: The legally binding agreement between Customer (HAPCAP) and the

successful Proposer (Contractor selected) to perform the services described in this RFP.

Contractor: The Proposer who is awarded a contract for providing all labor and materials

described in the contract documents.

FTA: The Federal Transit Administration, federal funding source for this project.

ODOT: The Ohio Department of Transportation, Office of Transit, is the recipient of FTA

funds and is responsible for the oversight of all projects awarded to subrecipients.

Project: Any and all labor, supervision, services, material, machinery, equipment, tools,

supplies and facilities called for by the contract and necessary to the completion thereof.

Proposal: The price and services offered by the Proposer in response to this RFP.

Proposer: A potential Contractor responding to this RFP.

Request for Proposal (RFP): A solicitation, through competitive means, of a formal

sealed proposal.

System - The software and hardware system under procurement.

1.2 Overview of the Transit System

Athens Public Transit (APT) offers federal- and state-funded deviated fixed route bus service in

the City of Athens, Ohio and surrounds, a service area of 48 square miles covering three

townships with a population of 35,765 people, and is anchored by the main campus of Ohio

University and its 20,000+ students. Athens is located in Southeast Ohio, in the foothills of the

Appalachian Mountains.; elevations range between 600' and 1000' above sea level, with most of

surrounding rural landscape under deciduous forest cover. Cloud cover, precipitation and

humidity are all well above national averages according to summaries at city-data.com

The APT service is managed by 501(c) designated grantee Hocking Athens Perry Community

Action, headquartered in Glouster, Ohio (30 minutes north of Athens) where the Executive

Director is stationed. Day-to-day management is based out of HAPCAP's transportation offices

in Athens at 1015 East State Street, while operations and fleet maintenance are conducted by a

3rd-party contractor, McDonald Transit Associates, at a separate garage facility located across

town at 397 West State Street. Administrative functions potentially related to the AVL project are

carried out at both Athens facilities.

http://www.ci.athens.oh.us/

http://www.ohio.edu/

http://www.ohio.edu/

http://www.city-data.com/city/Athens-Ohio.html

https://goo.gl/maps/lVRgP

https://goo.gl/maps/1J8Mj

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1.3 Service Description

1.3.1 Hours

Seven different APT routes are available between the hours of 7:00a.m. and 9:30p.m. eastern

standard time, Monday through Saturday. On Fridays and Saturdays service hours are extended to

2:30a.m.

APT is closed on Sundays and during the following six national holidays: New Year's Day,

Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

1.3.2 Statistical Profile

APT currently has nine revenue vehicles in its fleet. Operational peaks occur between 9:00a.m.

and 1:00 p.m. The maximum number of vehicles in use at any one time is currently eight. Route

arrival frequencies range from one to six times per hour (1-hour to 10-minute headways).

Six revenue vehicles are Goshen Coach GCII light transit vehicles (cutaways) built on the Ford

E-450 van chassis; two vehicles are 1997 Gillig Phantom 29-seat transit buses; one vehicle is a

1998 New Flyer 35-seat bus. With a new GCII vehicle currently under procurement, fleet

composition may be subject to slight changes. Photos of vehicle interiors and exteriors are

available in Appendix B.

Exhibit 1. Athens Public Transit Revenue Vehicle Fleet

Vehicle Number Description

5465, 5466 2008 Goshen Coach GCII 16+2

5470, 5475 2010 Goshen Coach GCII 16+2

1100 2011 Goshen Coach GCII 16+2

1300 2013 Goshen Coach GCII 13+2

9720, 9722 1997 Gillig Phantom 29

9800 1998 New Flyer D35LF

Source: APT, 2014.

Service provided by Athens Public Transit is shown in Exhibit 2. Service is presently undergoing

a period of rapid expansion and ridership growth, as APT works to better engage with Millenials.

City of Athens estimates place the number of 18 to 25-year-olds, most of whom are Ohio

University students, at 70 to 75% of the City population. At the same time, meeting the needs of

other core groups who depend on bus service remains a primary goal, with strong elderly and

disabilities ridership continuing, as well as patronage from the area's very-low-income

population. According to Department of Health and Human Services estimates, Athens County's

population living below the federal poverty line is more than 30% of the county total.

http://www.goshencoach.com/GCII.aspx

http://www.gillig.com/New%20GILLIG%20WEB/phantom.htm

http://cptdb.ca/wiki/index.php?title=New_Flyer_Industries_D35LF

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Exhibit 2. Service Provided, 2013 Calendar Year

Measure CY 2013

Total Number of Unlinked Trips 291,317

General Public Trips 65,525

Coordination Trips 225,792

Elderly & Disabilities Trips 16,595

Total Service Miles 166,779

Total Service Hours 14,180

Source: Athens Public Transit, 2014.

1.4 Current Technology

1.4.1 Office IT Environment

The administrative office at 1015 E. State is equipped with a local file server and a cable

broadband connection; Time Warner is the current cable vendor. At the transit garage

connectivity is maintained through a separate Frontier DSL package purchased by McDonald

Transit. Five computers used for administrative work at the two locations are running Windows 7

Professional, while a sixth runs Mac OS 10.9 with a virtualized Windows 7 platform via Parallels

Desktop 9.

1.4.2 Web/Social Media Presence

APT's website is located at www.athenstransit.org, a subdomain of ridegobus.com. Hosting is

currently provided by HostGator, and the website is designed and maintained by APT staff using

the WordPress Content Management System with custom theming. APT schedules are

searchable on Google Transit, and APT maintains a public GTFS schedule feed at

athenstransit.org/gtfs. Staff manage active Twitter and Facebook accounts, @AthensTransitOH.

1.4.3 Mobile Communications

Athens Public Transit uses a two-way radio network, piggybacking on existing countywide

repeater infrastructure used by local city services and law enforcement. Dispatch, Maintenance,

and all drivers are currently equipped with Motorola handheld CP200XLS radios.

Communications over this network have been reliable throughout the service area.

In addition to existing APT communications networks, there are at least four cellular service

providers with offerings in the Athens area. AT&T and Verizon networks dominate the local

market: both have 4G LTE coverage throughout APT's service area. Local Sprint and T-Mobile

coverage is more restricted, particularly with regard to data-only offerings. Maps of all current

coverage areas are available at the links below.

http://www.att.com/maps/wireless-coverage.html

http://vzwmap.verizonwireless.com

http://coverage.sprint.com/

http://www.t-mobile.com/coverage/pcc.aspx/

http://www.athenstransit.org/

http://www.ridegobus.com/

http://www.athenstransit.org/gtfs

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2.0 Scope of Work & Technical Specification

The purpose of this RFP is to provide a GPS-Based Automatic Vehicle Location and

Real-Time Public Bus Tracking System for nine (9) buses. The system is expected to

provide both public passenger and transit staff administrative functions and will contain

both software and hardware components.

2.1 Technical Specifications

2.1.1 AVL/Public Tracking System Overview

System specifications have been selected with the five overarching values in mind:

reliable performance, ease of use, lifecycle cost, forward and cross-vendor compatibility,

and data portability.

Terminology: Features that are minimum requirements for a successful proposal use the

term must. Features that are desired, strengthen a proposal, but are not minimum

requirements use the term should.

2.1.1.1 System must have the capability to capture and transmit vehicle location information

on a real-time or near-real-time basis.

2.1.1.2 System must provide real-time vehicle arrival information and service alerts to both

Customer administrators and to the public.

2.1.1.3 A mobile browsing optimized website must be included in the project proposal.

2.1.1.4 System must offer Customer administrators the ability to change/update route paths and

bus stop locations and generate reports.

2.1.1.5 System must be based in-vehicle. Wiring and installation costs must be included as

part of project proposal, while other hardware may be proposed as either a Customer-

purchased or Contractor-purchased option (See section 2.1.8)

2.1.1.6 System must have addition/expansion options for, or at minimum compatibility with, a

variety of additional vehicle information services.

2.1.2 General Software Requirements, All Users and Platforms

2.1.2.1 Customer requires the Proposer to offer the latest tested release version of each

software system/module included in this proposal.

2.1.2.2 System must have the ability to display color-coded route lines and stop markers on a

basemap that contains street names and local landmarks.

a. - System should offer detailed and admin-customizable area and route maps, preferably using familiar and widely-used basemaps such as OpenStreetMap or Google™ Maps.

b. - System should continuously update the display (whenever a new estimated time of arrival is

determined, bus is added/removed, etc.), showing smooth and steady vehicle movement without the user being required to refresh the browser or app.

c. – Interface should display location of stop and route markers within a 2-meter accuracy (5-digit

precision in decimal degrees).

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2.1.2.3 Users must have the ability to show and hide individual routes.

a - System should have a recall feature that initially displays routes based on previous user

choices.

2.1.2.4 System must provide arrival estimates based on GPS location to give riders detail about

anticipated vehicle arrival times.

2.1.2.5 Interface must differentiate estimated time of arrival for inbound and outbound stops

along a particular route.

2.1.2.6 Interface must have features to identify and segment off-route service events

(deviations), through the use of geofencing or a similar technical strategy.

2.1.2.7 Interfaces should be designed to work as consistently as possible across multiple

platforms/modalities. Both visual layout of controls and the effect of command

functions should present a unified user experience.

2.1.3 Public Website Capabilities

2.1.3.1 A public user bus tracking website must be included.

2.1.3.2 The Contractor must link the public tracking website to Customer's main website and

register it under a domain that is easy to market.

2.1.3.3 Contractor should design the website theme-able to Customer specification, which may

include custom banner graphics, color scheme, link coloring, and typography.

2.1.3.4 Any domain registration and hosting costs associated with the stand-alone site must be

included and listed as part of proposal costs using one of two options:

a. - Domain registration and hosting are paid by Contractor and reimbursed by

Customer.

b. - Domain registration and hosting are paid for directly by Customer.

2.1.3.5 The website interface must include a content area for the Customer to post system

service announcements.

2.1.3.6 The website should be designed using responsive/adaptive layout techniques to meet

mobile device browsing needs. (see section 2.1.4 for more details)

2.1.3.7 Transit system administrators should have full access to all usage statistics and analytics

from all proposed website solutions.

2.1.3.8 Website front-end solutions should be W3C standards-compliant and preferably based

on such languages as HTML5, CSS3, Javascript, Python, Ruby, and related frameworks

versus plugin or applet approaches.

2.1.3.9 Website back-end solutions should be based on open database technologies such as

MySQL, PostgreSQL and MongoDB versus proprietary database solutions.

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2.1.4 Public Mobile Device Access

2.1.4.1 For devices with GPS capability, System must provide geolocation services to allow

riders to identify their current location on the route map ("You are here").

a. - Geolocation services should request initial permission from the user to track location, and

provide a method to discontinue tracking if the user desires.

2.1.4.2 As an option, proposal should provide free-to-download native apps for each

mobile operating system claiming at least 10% U.S. market share at the time of

contract signing.

2.1.4.3 To serve users without smartphone or web browsing capability, system should allow

end-users to request and receive arrival estimates via SMS text messaging.

2.1.4.4 System should provide support and an interface for device notifications (e.g. iOS Push

Notifications or Google Cloud Messaging) that riders can use to enter a recurring

schedule for bus arrival notifications.

a. - The system should generate notifications without the user having to open the app.

2.1.4.5 - Any cloud-hosted user accounts necessary to implement features above should

require as few sign-up steps as possible, should avoid requesting unnecessary personal

information, and should offer an option to the user to purge their personal information

from the database and/or delete their user account.

2.1.4.6 - Regardless of whether apps are offered, public websites should be designed to meet

the needs of mobile device users, using one of the following two options:

a. - Option 1: (preferred) main tracking website employs responsive/adaptive design

(device-specific layout and scaling changes through the use of fluid grids and media

queries, either client-side or server-side), to optimize experience for mobile users.

b. - Option 2: If main tracking website is not responsive/adaptive, optimized mobile

access should be provided by means of a standalone mobile website.

2.1.4.7 - To regulate end-user mobile data costs, system must minimize amount of data

required to transmit regular tracking updates to user devices.

a. - Sustained throughput to a user device should be less than 30kb per five seconds, with points

scored for each 10kb increment below this threshold.

2.1.5 Administrative Software Capabilities

2.1.5.1 System must offer Customer administrators the ability to change/update route paths and

bus stop locations.

a - System should have ability to enter/change route and stop data ad-hoc without contacting

Contractor.

2.1.5.2 Interface must allow administrators to assign vehicles to routes.

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2.1.5.3 System must provide administrator accounts with the same vehicle tracking and arrival

functions available to the public end-user.

2.1.5.4 System must provide an interface for service announcements to be posted both

immediately and in advance.

a - Scheduled announcements should have both a start date and time and an expiration date and time

available.

2.1.5.5 Management interface should be intuitive and simple to use. Exposure of most features

at the top or second level of the interface tree without nested pop-ups or dialog boxes is

desired.

2.1.5.6 Management interface should be browser-based and not location locked; registered

Customer administrators should have login access from any location and compatible

device.

2.1.5.7 New back-end management accounts must be available to be created immediately upon

Customer request.

a. - Account privileges should be either fully configurable or at minimum preset to a variety of

position descriptions such as IT Administrator, Operations Manager, and Dispatcher.

b. - Accounts should be able to be created by Customer without having to contact Contractor.

2.1.5.8 Certain management functions (e.g. assigning buses, activating routes) should be

available on internet-enabled mobile devices.

2.1.6 Generated Data and Management Reports

2.1.6.1 The system must provide reports that assist Customer in running a safe and efficient

transit system.

a - Reports should include:

1. Hours in Service report;

2. Miles in Service report;

3. Deadhead Mileage report;

4. Travel Time reports;

5. Speeding and MPH reports;

6 Digest of stop arrival/departure times;

7. Deviation (Off-Route) time and mileage reports;

8. On-Time Performance report;

2.1.6.2 Reports should be available to be generated on a per-asset basis; reports by fleet vehicle

number, by route number, and by bus stop number are desired.

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2.1.6.3 Reports must allow for time based display and comparison (e.g. last week vs. this

week) and historical reporting.

a. Calendar and clock-based time window selection for reporting should be included.

2.1.6.4 System should provide historical playback of vehicle locations to assist with complaint

resolution and post-accident analysis.

2.1.6.5 All generated data and reports must be made freely available to the Customer for

export/download during the duration of the contract in the following non-binary

(human-readable) document formats at minimum:

a. - Comma Separated Values (.csv);

b. - Plain Text (.txt);

c. - In addition, both raw data and generated reports should be exportable in as many of the

formats below as possible.

1. Microsoft Excel xml format (.xlsx);

2. Javascript Object Notation (JSON) format (.json);

3. Portable Document format (.pdf);

4. Rich Text format (.rtf);

d. - Geospatial data should be exportable in one or more of the following formats:

1. Keyhole Markup Language format (.kml).

2. ESRI Shapefile format (.shp)

2.1.6.6 Tracking data captured must be stored by Contractor and remain freely available to the

Customer for the duration of the contract.

2.1.6.7 Generated reports must be either stored by Contractor, exportable/save-able to local

Customer storage, or both.

2.1.6.8 Contractor must maintain secure backup of all Customer data at all times.

2.1.7 In-Vehicle Software

2.1.7.1 Either the MDT operating system or the Contractor software installation must include a

way to lock down user interaction in order to prohibit driver or passenger tampering.

2.1.7.2 In-vehicle software installed on a MDT should have the ability to run as a background

application if necessary, maintaining all critical functions.

2.1.7.3 Software should provide the ability to integrate additional modules into existing system.

Examples should include Automated Voice Announcement (AVA) systems and

Automatic Passenger Counters (APCs).

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2.1.8 In-Vehicle Hardware

2.1.8.1 At the date of initial installation, the hardware must be the most current technology

available and compatible with the Contractor’s software system. Should a malfunction

occur which requires hardware to be replaced during the initial contract; the

replacement equipment must be new with the latest technology at the time of

replacement and/or installation.

2.1.8.2 All hardware listed below must be included in the project proposal using one of two

options:

a. Option 1: If Contractor's system is compatible with commercially-available hardware,

Contractor should provide a minimum performance and technical specification for that hardware

to Customer as part of the proposal. Customer will then purchase hardware to Contractor

specification in careful communication with Contractor.

b. Option 2: If Contractor's system requires the use of proprietary hardware, Contractor may

propose such hardware as a direct Customer cost purchased from Contractor as part of the

project contract. However, Contractor must include a justification of why proprietary hardware

must be used and what it believes the particular benefits of this hardware choice are.

2.1.8.3 GPS transmitters must be included, either as part of MDT hardware or as a discrete

unit.

2.1.8.4 Communications devices, cellular modem or similar, must be included, either as part of

MDT hardware or as a discrete unit.

2.1.8.5 MDTs must be included.

2.1.8.6 Robust shock mounting for all vibration-sensitive components must be included, as

APT operates on brick streets.

2.1.8.7 Contractor must install a power conditioner in each vehicle to ensure that proper line

voltage to the tracking unit equipment/MDT is maintained; additionally the power feed

to tracking units must have fuse(s) installed to prevent damage from shorts and

overcurrent events.

2.1.8.8 The in-vehicle hardware system must have the battery backup capability of maintaining

MDT screen display and GPS location transmission for up to 30 minutes after vehicle

engine and electrical systems are turned off.

2.1.8.9 Hardware should provide the ability to integrate additional components directly into

existing system. Examples should include Automated Voice Announcement (AVA)

systems and Automatic Passenger Counters (APCs).

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2.2 Installation, Testing, and Acceptance

2.2.1 Access to Customer Transit Office Locations

Throughout the period of software installation, Customer shall designate a local project manager

to coordinate the Contractor’s local installation efforts. All contact with Customer regarding

project matters, site visits, project schedule, training, etc. shall be coordinated through this project

manager.

2.2.2 Installation

The Proposer’s implementation schedule shall document major milestones during the

development, customization, and installation phases of the project. Upon completion of the

installation phase, the Contractor shall notify Customer, in writing, of the readiness of the system

installation for testing.

The Contractor may stage installation to best ensure compatibility of all integrated AVL products.

2.2.3 On-Site Representation

Contractor shall have the Project Manager and/or a duly qualified software engineer on-site

during the initial testing of all software products.

2.2.4 Testing Period

Customer shall operate in test mode for a minimum of two weeks, up to a maximum of 30 days,

during the testing period. During this time, Customer will compile a list of issues, bugs, software

glitches, etc. that shall be the responsibility of the Contractor to correct during an additional 30-

day period.

2.2.5 Errors, Corrections, and Fixes

If, after Customer testing, software does not perform to specifications or Contractor

representations, Contractor shall be given 30 days after notification of the problem to remedy the

issue.

2.2.6 Final Testing

Upon satisfactory fix of all software bugs, integration problems, etc., Customer will again

commence a final testing period to verify that the Contractor has addressed the identified

problems.

2.2.7 Acceptance

After final testing is completed to the satisfaction of Customer, the Project Manager will issue a

letter of acceptance to the Contractor.

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2.3 System Training, Maintenance and Support

2.3.1 System Training

2.3.1.1 Contractor must provide training to all dispatchers, supervisors, administrators, and

maintenance technicians prior to deployment of system. Training content and duration

must be stated specifically in the proposal.

2.3.1.2 Contractor must additionally make available optional web-based training to all

dispatchers, supervisors, administrators, and maintenance technicians prior to

deployment of the system and on an as-needed basis for future trainees.

2.3.1.3 Contractor must provide system help manuals to facilitate resolution of minor technical

difficulties as easily as possible.

2.3.2 System Support

2.3.2.1 Contractor support must be normally accessible via phone, web chat and e-mail during

normal business hours (9a – 5pm Eastern). Standby support must be available at all

other times, including nights, weekends, and holidays. Contractor will provide 24-7

support when needed in cases of severe emergencies.

2.3.2.2 Turnaround response time of Contractor for any mission critical component of the

system should not exceed 4 hours.

2.3.3 System Maintenance

2.3.3.1 Contractor must provide Customer with at least 48-hour notification of any scheduled

maintenance causing system downtime.

2.3.3.2 Maintenance Downtime - All front-end and back-end functions should be available for

Customer and end-user use between the hours of 6:30a.m. and 3:00a.m. Eastern Time.

Non-emergency system downtime for updates and maintenance should be scheduled

exclusively during the 3.5-hour gap in the hours above, on Sundays, or during the

following national holidays: New Year's Day, Memorial Day, Labor Day, Independence

Day, Thanksgiving Day, and Christmas Day.

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3.0 Instructions to Proposers

3.1 Proposal Format and Submission Guidelines

3.1.1 General Format Instructions

All submitted proposals must adhere to the following guidelines:

1. Include a cover letter signed by the person(s) with the authority to bind the proposer, to

answer questions, or to provide clarification concerning submitted proposals;

2. Print documents on standard paper (not digital, not faxed, not handwritten);

3. Include one (1) original and two (2) complete copies of a technical proposal;

4. Include completed forms and certifications contained in Section 5.0 of this RFP;

5. Complete three (3) copies of a cost proposal using the form attached in Appendix A;

6. Mail proposals to the designated address in packages clearly marked: “Automatic Vehicle

Location and Passenger Real-Time Bus Tracking System;”

7. Proposals must be received at the designated place by the date and time specified in

Section 3.1.2.

3.1.2 Proposal Schedule

Pre-Proposal Conference Tuesday, 7/29/14, 11am Eastern

Deadline for Submission of Questions Thursday, 7/31/14

Proposals Due Friday, 8/15/14

Proposal Evaluation Mon-Wed, 8/18/14-8/20/14

Interviews (if necessary) Thursday, 8/21/14

Announcement of Award On or about 8/29/14

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3.1.3 Requirements for Technical Proposal Sections

The technical proposal should contain the following sections:

1. Cover Letter - Proposer should provide a short cover letter summarizing the proposal,

signed by the Proposer's Authorized Signee.

2. Software System Narrative – Proposer should fully describe the AVL/Public Bus Tracking

Software system being offered using narrative and list formats, describing its key capabilities

with regards to the scope of work and technical specification of this RFP.

Narrative must list all software, including any third party software, necessary to fully

implement the project (e.g. report generation software, database software, back-up software,

remote access software, etc.).

3. Hardware System Narrative - Proposer should fully describe the AVL/Public Bus

Tracking Hardware system being offered using narrative and list formats, describing its key

capabilities with regards to the scope of work and technical specification of this RFP.

4. Project Implementation Plan/Timeline/Payment schedule – Proposer should fully

describe their proposed implementation plan, detailing all major milestones in the process. A

proposed timeframe from notice-to-proceed through live testing, de-bugging, and live

operation should be developed and included in the proposal.

As the Customer will issue progress payments to the Contractor based on successful

accomplishment of major milestones, proposers must include a proposed schedule of

payments, linking payment milestones to specific elements contained in the implementation

section of their proposal. This “payment schedule” must be part of proposal submittal.

IMPORTANT: All milestone and payment dates included should be no later than the

end of the current calendar year to permit proper closeout of the federal capital grant

that initially funds the project.

5. Project Management and Staffing Plan – Describe the proposed individuals/organizations

used to successfully communicate with Customer staff throughout the project. If

subcontractors are proposed for any part of the installation, customization, or maintenance of

the proposed software system, details should be placed here.

6. Training – Proposal should provide an outline for the necessary training of Customer staff

on the proposed AVL system software and hardware. Proposers should assume that up to

five (5) Customer personnel will participate in training. This section of the proposal should

identify the training course content, the number of courses required, and type of training

(classroom, online, hands-on) that will be provided, the length of the training session, etc.

7. Maintenance, Support, and Upgrades – Describe the proposed technical support during

the project, addressing both the critical initial implementation period and long-term operation.

Describe procedures for rendering support, including the availability of technicians for both

on-site and remote assistance. Technical support policies and pricing should be explained in

detail. Future system upgrade policies must be described and will be a factor in the award.

8. Experience – Proposal should include a short business profile indicating the Contractor's

qualifications to achieve all objectives for the project. The proposer shall provide a list of the

three (3) recent sites where the product is currently being used, preferably those closest to

Customer's physical location and of similar service size and scope.

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For each site, the proposer shall list:

Name of the transit service

Name and contact for transit service local project manager

milestone/status of the installation (awarded, under development, testing, live operation)

mm/yy of contract award

mm/yy of the latest project milestone.

9. Description of DBE participation, if any. (See Sections 3.1.7, 5.1.14)

10. Required Certifications – The proposer must indicate its compliance with certain Federal

and state executive orders, laws, statutes, and regulations to be considered for award:

Acknowledgement of Receipt of Addenda (submit even if no addenda are issued)

Affidavit of Non-Collusion (requires notary)

Debarment Certification

11. Cost Proposal – The proposer should submit three (3) copies of a complete Appendix A

cost proposal form as described in Section 3.2.

3.1.4 - Proposed Initial Term of Contract

The Customer desires to enter into a two (2) year initial contract with Contractor selected.

Proposers should base their cost proposal on the assumption of a 2-year contract for all associated

costs. Actual initial contract period may be subject to negotiation based on proposals received.

3.1.5 Submission of Supplemental Material

Proposers may submit additional information they consider relevant to the project scope of work.

Such supplemental materials, if submitted, should be an addendum to the proposal rather than

contained in the proposal itself.

3.1.6 Proprietary or Confidential Information

Any information contained in the proposal that the proposer considers proprietary or confidential

must be clearly identified as such. Customer will respect requests for non-disclosure to the extent

that requests conform to the Freedom of Information Act.

3.1.7 Disadvantaged Business Enterprises

As required in Section 8 of the technical proposal format, please briefly identify any participation

in the project by disadvantaged business enterprises (DBEs) - qualifying minority or women-

owned enterprises as certified by an appropriate state agency. See

http://www.dot.gov/osdbu/disadvantaged-business-enterprise/state-dot-and-dbe-program-websites

for a complete listing of certifying agencies. Neither ODOT nor the Customer have established a

project-specific DBE goal for this acquisition, though customer's overall participation goal is

4.5%. DBEs shall be given maximum opportunity to participate in contracting opportunities

arising from this solicitation.

http://www.dot.gov/osdbu/disadvantaged-business-enterprise/state-dot-and-dbe-program-websites

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3.2 Cost Proposal Instructions

3.2.1 Format of Cost Proposal

Appendix A, Cost Proposal Form, is attached to this RFP as a separate Excel spreadsheet. It

contains three tabs: an instructions tab, which duplicates and expands on the information here, a

blank proposal form, and a partially-filled example form for reference.

The proposal form is broken into three sections:

• Section 1: Costs Fixed for Term of Initial Contract

• Section 2: Recurring, Subscription, or Per-Occurrence Costs

• Section 3: Proposer Software Licensing Model

The categories in Sections 1 and 2 mirror the categories in the Scope of Work and Technical

Specification of this RFP.

3.2.2 Instructions for Cost Proposal Completion

Fill out the proposal form with as fine a level of detail as possible. The Customer recognizes that

no form can fully reflect any Proposer's pricing structure, but asks that each Proposer use their

best judgment, employing the "Description" cells to clarify any unique features or cost structure

of an item.

If an item is included in a larger bundle of goods or services offered by the Proposer, put

"Included in [item name]" in the Description cell without individual pricing listed. Cost bundles

with no appropriate category or subcategory may be placed in the final "Other Miscellaneous

Costs" category.

The "Unit Price for Contract Period" and "# of Units Required" categories are to be filled in by

Proposer; the "Totals" category is calculated.

Fill in "Contractor" or "Customer" in the final column, "Purchased by". Based on these entries,

the form will assign costs to the proposal total or to an external total of project costs borne

separately by the Customer. For items purchased by Customer, use a best estimate based on

market knowledge.

3.2.3 Preference for Fixed-Cost Pricing

Due to the single-grant capital nature of initial funding for this project, the Customer requests that

all appropriate software and support costs be proposed as fixed and initial costs "up front" for a 2-

year initial term of contract rather than recurring monthly, quarterly, or annual subscription

services. However, the foregoing should not be construed as intended to limit any recurrence of a

cost after the initial contract period has expired.

3.2.4 Full and Complete Costs

The Proposer should include all costs associated with the proposed system in their proposal, both

contracted costs and costs incurred by Customer. Proposals where full cost information is

withheld may be grounds for cancelation prior to contract signing and re-solicitation of this RFP.

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3.3 Communications

3.3.1 Format for Questions

With the exception of requests for these RFP documents, communications related to this RFP

shall be in writing only and limited to formal submission of questions in conjunction with the pre-

proposal conference. To ensure equal access to information among all contractors, telephone

calls outside the pre-proposal conference and other informal communication are not

permitted during the advertisement period. Send all questions by postal mail or e-mail.

Questions received no later than Thursday, 7/31/14, will be answered in writing and distributed to

all proposers on the RFP distribution list.

Contact:

Attn: Michael Lachman

Transportation Services Manager, Athens Public Transit

HAPCAP Transportation Office

1015 East State Street

Athens, Ohio 45701

[email protected]

3.3.2 Pre-Proposal Conference

In order to permit Proposers a better opportunity to understand the project specifications,

Customer will hold a pre-proposal conference on Tuesday 7/29/14, 11am, at the address listed

above. Participation via telephone conference call is permitted and call-in details will be

provided.

3.3.3 On-site Interviews

Customer reserves the right to conduct on-site interviews with one or more of the top ranked

proposers as part of the evaluation and selection process, and to request demonstration of any

hardware or software product contained in a proposal.

3.4 Evaluation Methodology

3.4.1 Evaluation Criteria

Proposals for this project shall be evaluated by a committee using the following rank-ordered

criteria with their respective weights:

Capability of the Proposed AVL Software to Meet Customer Needs – 40%

Cost – 30%

Experience and Installation Base of the Proposer – 15%

Technical Support – 10%

Understanding of Customer Service and Service Area – 5%

mailto:[email protected]

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3.5 Proposal Summary

3.5.1 Proposer’s Checklist

This checklist is not required to be submitted with the proposal but may be optionally included

for organizational purposes.

In order to facilitate the submission of complete proposals, proposers should consider the

following items in preparation of their submissions:

Pre-Submission:

Questions concerning the solicitation documents and project in general submitted to

Athens Public Transit by 7/31/14 (optional).

Technical Proposal prepared including the following elements:

1. Cover Letter signed by Proposer's Authorized Signee.

2. Software Capabilities Narrative;

3. Hardware Capabilities Narrative;

4. Project implementation plan including proposed project milestones and payment dates;

5. Project Management and Staffing plan;

6. Training plan for Customer administrative staff;

7. Maintenance, Support, and Upgrades Description;

8. Experience statement including a description the firm’s history and user base, list of

installed sites with identification and contact information;

9. Description of proposed participation by DBEs, if any (see 3.1.7, 5.1.14).

10. The following certifications have been fully executed by an authorized signee of the

proposer and are included in the technical proposal:

Acknowledgement of Receipt of Addenda (submit even if no addenda were

issued);

Affidavit of Non-Collusion;

Debarment Certification.

Cost proposal prepared including the following elements:

Three (3) completed copies of Cost Proposal Form

Proposal Submission:

One original signature copy and two (2) additional copies of the technical proposal and

(3) copies of the cost proposal along with any supplemental materials, mailed in time to

be received on or before August 15th, 2014.

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4.0 General Terms and Conditions

4.1 Proposals - General Terms and Conditions

4.1.1 Addenda

All changes in connection with this proposal will be issued in the form of a written addendum and

sent to all known Respondents not less than two (2) days prior to the proposal due date. Signed

acknowledgement of receipt of each addendum must be submitted with each proposal. Oral

instructions clarifications, and additional information supplied by Customer representatives are

not binding.

4.1.2 Late Proposals/Modifications or Withdrawals

Proposals received after the submission deadline designated in this proposal document shall not

be considered and shall be returned unopened. Proposals may be withdrawn or modified prior to

the proposal opening. All such transactions must be submitted in writing and received prior to

the proposal opening.

4.1.3 Proposals Binding

All final proposals submitted in accordance with the terms and conditions of this RFP shall be

binding upon the Proposer for ninety (90) calendar days after the proposal opening.

4.1.4 Conditional Proposals

Conditional proposals are subject to rejection in whole or in part.

4.1.5 Acceptance/Rejection of Proposals

Customer reserves the right to accept or reject any or all of the proposals submitted, waive

informalities and technicalities, and negotiate any or all elements of the proposals. Upon

further analysis of need and analysis of costs resulting from responses to this proposal,

Customer reserves the right to award or reject any portions of the proposed system.

4.2 Contracts - General Terms and Conditions

4.2.1 Award of Contract

Customer anticipates award of a contract within thirty (30) days after receipt of proposals. A

Selection Notice will be issued to selected Contractor on or about 8/29/14, with DOT contract

approval and execution to take place immediately following.

4.2.2 Contract Type

Customer will enter into a firm, fixed price contract with the selected Contractor.

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4.2.3 Governing Law

All contractual agreements shall be subject to, governed by, and construed according to the

laws of the State of Ohio.

4.2.4 Term of Payment

The Contractor Selected shall submit an invoice based on that Contractor’s proposed payment

scheduled submitted with the proposal and as negotiated with the Customer in the contract

execution. Payment will be conditioned upon successful completion, to the Customer's

satisfaction, of all applicable work necessary to consider a project milestone complete. Payment

by the Customer will be made promptly, but at the least within thirty (30) days of receipt of an

approved invoice and a fully executed voucher.

4.2.5 Subletting of Contract

The contract derived from this RFP shall not be sublet except with the written consent of

Customer. No such consent shall be construed as making Customer a party to such

subcontract, or subjecting Customer to liability of any kind to any subcontractor. No

subcontract shall, under any circumstances, relieve the Contractor of liability and obligation

under this contract, and all transactions with Customer must be approved by Customer

Executive Director.

4.2.6 Assignment /Transfer of Interests

There shall be no assignment/transfer of interests or delegation of the Contractor's rights,

duties, or responsibilities under the contract derived from this RFP without the prior approval

of Customer.

4.2.7 Licenses, Permits, and Taxes

The successful Contractor shall be appropriately licensed for the work required as a result of

the contract. The cost for any required licenses or permits shall be the responsibility of the

Contractor. The Contractor is liable for any and all taxes due as a result of the contract.

4.2.8 Safety

All practices, materials, supplies, and equipment shall comply with the Federal Occupational

Safety and Health Act, as well as any pertinent Federal, State and/or local safety or

environmental codes.

4.2.9 Warranty of Software

Customer requires Contractor to warrant the software product(s) offered to perform as

described in the proposal response for a period of two (2) years after date of acceptance.

4.2.10 Data Rights

All tracking data generated by the project and system shall be property of the Customer.

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5.0 Proposal Clauses and Certifications

5.1 Federally Required Clauses

The following clauses are binding through FTA’s Master Agreement with Recipients and

flow down to the Subrecipient (Customer) and Contractors. By submitting a proposal,

the proposer agrees that they will abide by these clauses if selected as contractor for the

project, and will enforce applicable requirements for any subcontractors or suppliers.

5.1.1 Definitions

Contractor means the entity tendering a quote, bid, or proposal for this project, or the entity

entering into contract for said project upon award.

Flow Down means the way in which legal responsibility for a clause is applied and documented

at each tier of the contract process (e.g. FTA - Recipient, Recipient - Subrecipient, Subrecipient -

Contractor, Contractor - Subcontractor). All included clauses flow down to at least the prime

contractor, and many must be included at all lower contract tiers as well.

FTA means the Federal Transit Administration, the agency within the United States Department

of Transportation responsible for regulation and federal funding for public transit programs.

Project means the scope of work presented for quote, bid, or proposal by the Subrecipient, to

which these clauses apply.

Recipient means the direct recipient of Federal grant funds; for the 5311 Ohio Rural Transit

Program, this is defined as the State of Ohio, through the administration of the Ohio Department

of Transportation Office of Transit.

Subcontractor means an entity with which the contractor enters into a contract to perform a

portion of the project work.

Subrecipient means Hocking.Athens.Perry Community Action (HAPCAP), the 501(c) grantee

designated by the Recipient to receive Federal grant funds for the project, and the entity making

contract awards and entering into contract for the project.

5.1.2 Fly America Requirements

The Contractor shall 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 shall include the requirements of this section in all subcontracts that

may involve international air transportation.

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5.1.3 Cargo Preference: Use of United States-Flag Vessels

The contractor agrees:

a. to use privately owned United States-Flag commercial vessels to ship at least 50% 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 loading 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.

5.1.4 Energy Conservation

The contractor agrees to comply with mandatory standards and policies relating to energy

efficiency which are contained in the state energy conservation plan issued in compliance with

the Energy Policy and Conservation Act.

5.1.5 Access to Records

The following access to records requirements apply to this Contract:

1. Where the purchaser is not a State but a local government and is an FTA Recipient or a

subgrantee of FTA Recipient in accordance with 49 CFR 18.36(i), contractor shall provide the

purchaser, the FTA, the US Comptroller General or their authorized representatives access to

any books, documents, papers and contractor records which are pertinent to this contract for

the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall

also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO

contractor, access to contractor's records and construction sites pertaining to a capital project,

defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs

described at 49 USC 5307, 5309 or 5311.

2. Where the purchaser is a State and is an FTA Recipient or a subgrantee of FTA Recipient

in accordance with 49 CFR 633.17, contractor shall provide the purchaser, authorized FTA

representatives, including any PMO Contractor, access to contractor's records and construction

sites pertaining to a capital project, defined at 49 USC 5302(a)1, which receives FTA

assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a

capital project excludes contracts of less than the simplified acquisition threshold currently set

at $100,000.

3. 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 an FTA Recipient or a subgrantee of FTA Recipient in

accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US

Comptroller General or their authorized representatives, access to any books, documents,

24

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 a purchaser which is an FTA Recipient or a subgrantee of FTA Recipient in

accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement

(defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall make

available records related to the contract to the purchaser, the Secretary of USDOT and the US

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. Contractor shall maintain all books, records, accounts and reports required under this

contract for a period of not less than three (3) 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

Recipient, FTA Administrator, US Comptroller General, or any of their authorized

representatives, have disposed of all such litigation, appeals, claims or exceptions related

thereto. Re: 49 CFR 18.39(i)(11).

7. FTA does not require the inclusion of these requirements in subcontracts.

5.1.6 Federal Changes

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and

directives, including without limitation those listed directly or by reference in the FTA’s Master

Agreement between Purchaser and FTA, as they may be amended or promulgated from time to

time during the term of this contract. Contractor's failure to so comply shall constitute a material

breach of this contract.

5.1.7 Recycled Products

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.

Applicability to Contracts

The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds

Examples of designated items that may fall under this clause for transportation operations include lubricating oils, tires, coolants, and rebuilt vehicular parts (40 CFR Part 247.11) Examples of designated items that may fall under this clause for construction contracts include building insulation, board, concrete, carpet, floor tile, paint and roofing materials (40 CFR Part 247.12) ) Examples of designated items that may fall under this clause for materials contracts include Paper (Part 247.10) and other office supplies (Part 247.16)

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5.1.8 No Government Obligation to Third Parties

1. The Recipient 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 Recipient, 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.

5.1.9 Program Fraud and False or Fraudulent Statements or Related Acts

1. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of

1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil

Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the

underlying contract, 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 FTA assisted project for which this contract work is being performed.

In addition to other penalties that may be applicable, contractor further acknowledges that if it

makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or

certification, the US Government reserves the right to impose the penalties of the Program

Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems

appropriate.

2. If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,

submittal, or certification to the US Government under a contract connected with a project

that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307,

the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC

5307(n)(1) on contractor, to the extent the US Government deems appropriate.

3. Contractor shall include the above two clauses in each subcontract financed in whole or in

part with FTA assistance. The clauses shall not be modified, except to identify the

subcontractor who will be subject to the provisions.

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5.1.10 Termination

a. Termination for Convenience (General Provision) The Recipient may terminate this contract,

in whole or in part, at any time by written notice to contractor when it is in the Recipient's best

interest. Contractor shall be paid its costs, including contract close-out costs, and profit on work

performed up to the time of termination. Contractor shall promptly submit its termination claim

to the Recipient. If contractor is in possession of any of the Recipient’s property, contractor

shall account for same, and dispose of it as the Recipient directs.

b. Termination for Default [Breach or Cause] (General Provision) If contractor does not

deliver items in accordance with the contract delivery schedule, or, if the contract is for

services, and contractor fails to perform in the manner called for in the contract, or if contractor

fails to comply with any other provisions of the contract, the Recipient may terminate this

contract for default. Termination shall be effected by serving a notice of termination to

contractor setting forth the manner in which contractor is in default. Contractor shall only be

paid the contract price for supplies delivered and accepted, or for services performed in

accordance with the manner of performance set forth in the contract. If it is later determined

by the Recipient that 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 contractor, the

Recipient, after setting up a new delivery or performance schedule, may allow contractor to

continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure (General Provision) The Recipient in its sole discretion may, in the case

of a termination for breach or default, allow contractor an appropriately short period of time in

which to cure the defect. In such case, the notice of termination shall state the time period in

which cure is permitted and other appropriate conditions If contractor fails to remedy to the

Recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of

this Contract within ten (10) days after receipt by contractor or written notice from the

Recipient setting forth the nature of said breach or default, the Recipient shall have the right to

terminate the Contract without any further obligation to contractor. Any such termination for

default shall not in any way operate to preclude the Recipient from also pursuing all available

remedies against contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach In the event that the Recipient elects to waive its

remedies for any breach by contractor of any covenant, term or condition of this Contract, such

waiver by the Recipient shall not limit its remedies for any succeeding breach of that or of any

other term, covenant, or condition of this Contract.

e. Termination for Convenience (Professional or Transit Service Contracts) The Recipient, by

written notice, may terminate this contract, in whole or in part, when it is in the Recipient's

interest. If the contract is terminated, the Recipient shall be liable only for payment under the

payment provisions of this contract for services rendered before the effective date of

termination.

f. Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to

perform the services within the time specified in this contract or any extension or if the

contractor fails to comply with any other provisions of this contract, the Recipient may

terminate this contract for default. The Recipient shall terminate by delivering to contractor a

notice of termination specifying the nature of default. Contractor shall only be paid the contract

price for supplies delivered and accepted, or services performed in accordance with the manner

or performance set forth in this contract.

If, after termination for failure to fulfill contract obligations, it is determined that contractor was

not in default, the rights and obligations of the parties shall be the same as if termination had

been issued for the Recipient’s convenience.

g. Termination for Default (Transportation Services) If contractor fails to pick up the

commodities or to perform the services, including delivery services, within the time specified in

27

this contract or any extension or if contractor fails to comply with any other provisions of this

contract, the Recipient may terminate this contract for default. The Recipient shall terminate by

delivering to contractor a notice of termination specifying the nature of default. Contractor shall

only be paid the contract price for services performed in accordance with the manner of

performance set forth in this contract.

If this contract is terminated while contractor has possession of the Recipient goods, contractor

shall, as directed by the Recipient, protect and preserve the goods until surrendered to the

Recipient or its agent. Contractor and the Recipient shall agree on payment for the preservation

and protection of goods. Failure to agree on an amount shall be resolved under the Dispute

clause. If, after termination for failure to fulfill contract obligations, it is determined that

contractor was not in default, the rights and obligations of the parties shall be the same as if

termination had been issued for the Recipient’s convenience.

h. Termination for Default (Construction) If contractor refuses or fails to prosecute the work or

any separable part, with the diligence that will ensure its completion within the time specified,

or any extension, or fails to complete the work within this time, or if contractor fails to comply

with any other provisions of this contract, the Recipient may terminate this contract for default.

the Recipient shall terminate by delivering to contractor a notice of termination specifying the

nature of default. In this event, the Recipient may take over the work and compete it by contract

or otherwise, and may take possession of and use any materials, appliances, and plant on the

work site necessary for completing the work. Contractor and its sureties shall be liable for any

damage to the Recipient resulting from contractor's refusal or failure to complete the work

within specified time, whether or not contractor's right to proceed with the work is terminated.

This liability includes any increased costs incurred by the Recipient in completing the work.

Contractor's right to proceed shall not be terminated nor shall contractor be charged with

damages under this clause if:

1. Delay in completing the work arises from unforeseeable causes beyond the control and

without the fault or negligence of contractor. Examples of such causes include: acts of God,

acts of the Recipient, acts of another contractor in the performance of a contract with the

Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and

2. Contractor, within 10 days from the beginning of any delay, notifies the Recipient in

writing of the causes of delay. If in the Recipient’s judgment, delay is excusable, the time

for completing the work shall be extended. The Recipient’s judgment shall be final and

conclusive on the parties, but subject to appeal under the Disputes clauses.

If, after termination of contractor's right to proceed, it is determined that contractor was not in

default, or that the delay was excusable, the rights and obligations of the parties will be the

same as if termination had been issued for the Recipient’s convenience.

i. Termination for Convenience or Default (Architect & Engineering) The Recipient may

terminate this contract in whole or in part, for the Recipient's convenience or because of

contractor’s failure to fulfill contract obligations. The Recipient shall terminate by delivering to

contractor a notice of termination specifying the nature, extent, and effective date of

termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all

services affected (unless the notice directs otherwise), and (2) deliver to the Recipient all data,

drawings, specifications, reports, estimates, summaries, and other information and materials

accumulated in performing this contract, whether completed or in process. If termination is for

the Recipient’s convenience, it shall make an equitable adjustment in the contract price but

shall allow no anticipated profit on unperformed services. If termination is for contractor’s

failure to fulfill contract obligations, the Recipient may complete the work by contact or

otherwise and contractor shall be liable for any additional cost incurred by the Recipient. If,

after termination for failure to fulfill contract obligations, it is determined that contractor was

not in default, the rights and obligations of the parties shall be the same as if termination had

been issued for the Recipient’s convenience.

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j. Termination for Convenience or Default (Cost-Type Contracts) The Recipient may terminate

this contract, or any portion of it, by serving a notice or termination on contractor. The notice

shall state whether termination is for convenience of the Recipient or for default of contractor.

If termination is for default, the notice shall state the manner in which contractor has failed to

perform the requirements of the contract. Contractor shall account for any property in its

possession paid for from funds received from the Recipient, or property supplied to contractor

by the Recipient. If termination is for default, the Recipient may fix the fee, if the contract

provides for a fee, to be paid to contractor in proportion to the value, if any, of work performed

up to the time of termination. Contractor shall promptly submit its termination claim to the

Recipient and the parties shall negotiate the termination settlement to be paid to contractor. If

termination is for the Recipient’s convenience, contractor shall be paid its contract closeout

costs, and a fee, if the contract provided for payment of a fee, in proportion to the work

performed up to the time of termination.

If, after serving a notice of termination for default, the Recipient determines that contractor has

an excusable reason for not performing, such as strike, fire, flood, events which are not the fault

of and are beyond the control of contractor, the Recipient, after setting up a new work schedule,

may allow contractor to continue work, or treat the termination as a termination for

convenience.

5.1.11 Government Wide Debarment and Suspension (Non Procurement)

The Contractor agrees to the following:

It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and

supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following:

(a) It will not enter into any arrangement to participate in the development or implementation

of the Project with any Third Party Participant that is debarred or suspended except as

authorized by: 1 U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2

C.F.R. part 1200, 2 U.S. OMB, “Guidelines to Agencies on Governmentwide Debarment and

Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto, and 3

Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101

note,

(b) It will review, document, and submit the exclusion status of any lower-tier participants or

subcontractors using the U.S. GSA “System for Award Management,” database, located at

https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200, and

(c) It will include, and require each of its lower-tier participants or subcontractors to include,

a similar provision in each lower tier covered transaction, ensuring that each lower tier Third

Party Participant:

1 Will comply with Federal debarment and suspension requirements, and

2 It will review, document, and submit the exclusion status of any lower-tier participants

or subcontractors using the U.S. GSA “System for Award Management,” database,

located at https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part

1200.

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5.1.12 Contracts Involving Federal Privacy Act Requirements

The following requirements apply to the Contractor and its employees that administer any system

of records on behalf of the Federal Government under any contract:

1. The Contractor agrees to comply with, and assures the compliance of its employees with, the

information restrictions and other applicable requirements of the Privacy Act of 1974, 5

U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of

the Federal Government before the Contractor or its employees operate a system of records

on behalf of the Federal Government. The Contractor understands that the requirements of

the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to

those individuals involved, and that failure to comply with the terms of the Privacy Act may

result in termination of the underlying contract.

2. The Contractor also agrees to include these requirements in each subcontract to administer

any system of records on behalf of the Federal Government financed in whole or in part with

Federal assistance provided by FTA.

5.1.13 Civil Rights Requirements

The Contractor agrees to comply with the following requirements, which apply to the underlying

contract between the Recipient and the Ohio Department of Transportation, Office of Transit:

The Recipient understands and agrees that it must comply with applicable Federal civil rights

laws and regulations, and follow applicable Federal guidance, except as the Federal Government

determines otherwise in writing. Therefore, unless a Recipient or Program, including an Indian

Tribe or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA

requires compliance with that civil rights statute, including compliance with equity in service:

a. Nondiscrimination in Federal Public Transportation Programs. The Contractor agrees to,

and assures that each lower tier Participant will, comply with Federal transit law, 49 U.S.C. §

5332 (FTA’s “Nondiscrimination” statute):

(1) FTA’s “Nondiscrimination” statute prohibits discrimination on the basis of:

(a) Race,

(b) Color,

(c) Religion,

(d) National origin,

(e) Sex,

(f) Disability, or

(g) Age, and

(2) The FTA “Nondiscrimination” statute’s prohibition against discrimination includes:

(a) Exclusion from participation,

(b) Denial of program benefits, or

(c) Discrimination, including discrimination in employment or business opportunity,

(3) Except as FTA determines otherwise in writing:

(a) General. Follow:

1 The most recent edition of FTA Circular 4702.1, “Title VI Requirements and

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Guidelines for Federal Transit Administration Recipients,” to the extent consistent

with applicable Federal laws, regulations, and guidance, and

2 Other applicable Federal guidance that may be issued, but

(b) Exception for the Tribal Transit Program. FTA does not require an Indian Tribe to

comply with FTA program-specific guidelines for Title VI when administering its

projects funded under the Tribal Transit Program,

b. Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and assures

that each Third Party Participant will:

(1) Prohibit discrimination based on:

(a) Race, (b) Color, or (c) National origin,

(2) Comply with:

(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.,

(b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of

the Department of Transportation – Effectuation of Title VI of the Civil Rights Act

of 1964,” 49 C.F.R. part 21, and

(c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in the preceding

section a, and

(3) Except as FTA determines otherwise in writing, follow:

(a) The most recent edition of FTA Circular 4702.1, “Title VI and Title VI-

Dependent Guidelines for Federal Transit Administration Recipients,” to the extent

consistent with applicable Federal laws, regulations, and guidance.

(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of

1964,” 28 C.F.R. § 50.3, and

(c) Other applicable Federal guidance that may be issued,

c. Equal Employment Opportunity.

(1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each

Third Party Participant will, prohibit discrimination on the basis of race, color, religion,

sex, or national origin, and:

(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e et seq.,

(b) Facilitate compliance with Executive Order No. 11246, “Equal Employment

Opportunity,” as amended by Executive Order No. 11375, “Amending Executive

Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e

note,

(c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in

section a, and

(d) Comply with other applicable EEO laws and regulations, as provided in Federal

guidance, including laws and regulations prohibiting discrimination on the basis of

disability, except as the Federal Government determines otherwise in writing,

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(2) General. The Recipient agrees to:

(a) Ensure that applicants for employment are employed and employees are treated

during employment without discrimination on the basis of their:

1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin,

(b) Take affirmative action that includes, but is not limited to:

1 Recruitment advertising,

2 Recruitment,

3 Employment,

4 Rates of pay,

5 Other forms of compensation,

6 Selection for training, including apprenticeship,

7 Upgrading,

8 Transfers,

9 Demotions,

10 Layoffs, and

11 Terminations, but

(c) Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts

Indian Tribes under the definition of "Employer".

(3) Equal Employment Opportunity Requirements for Construction Activities. In addition

to the foregoing, when undertaking “construction” as recognized by the U.S. Department

of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each

Third Party Participant, with:

(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal

Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and

(b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by

Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to

Equal Employment Opportunity,” 42 U.S.C. § 2000e note,

d. Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, the

Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate,

participation by small business concerns owned and controlled by socially and economically

disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in

the Project as follows:

(1) Requirements. The Recipient agrees to comply with:

(a) Section 1101(b) of MAP-21, 23 U.S.C. § 101 note,

(b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in

Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26,

and

(c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, (2)

Assurance. As required by 49 C.F.R. § 26.13(a),

(2) DBE Program Requirements. Recipients receiving planning, capital and/or operating

assistance that will award prime third party contracts exceeding $250,000 in a Federal

fiscal year must:

32

a Have a DBE program meeting the requirements of 49 C.F.R. part 26,

b Implement a DBE program approved by FTA, and

c Establish an annual DBE participation goal,

(c) Special Requirements for a Transit Vehicle Manufacturer. The Recipient

understands and agrees that each transit vehicle manufacturer, as a condition of being

authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify

that it has complied with the requirements of 49 C.F.R. part 26,

(d) the Recipient provides assurance that: The Recipient shall not discriminate on the

basis of race, color, national origin, or sex in the award and performance of any DOT-

assisted contract or in the administration of its DBE program or the requirements of 49

CFR part 26. The Recipient shall take all necessary and reasonable steps under 49

C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-

assisted contracts. The Recipient's DBE program, as required by 49 C.F.R. part 26 and

as approved by DOT, is incorporated by reference in this agreement. Implementation of

this program is a legal obligation and failure to carry out its terms shall be treated as a

violation of this agreement. Upon notification to the Recipient of its failure to carry out

its approved program, the Department may impose sanctions as provided for under 49

C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18

U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801

et seq.,

e. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal

prohibitions against discrimination on the basis of sex, including:

(1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq.,

(2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or

Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and

(3) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,

f. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal

prohibitions against discrimination on the basis of age, including:

(1) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 – 634, which

prohibits discrimination on the basis of age,

(2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age

Discrimination in Employment Act,” 29 C.F.R. part 1625, which implements the ADEA,

(3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which

prohibits discrimination against individuals on the basis of age in the administration of

programs or activities receiving Federal funds,

(4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in

Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, which

implements the Age Discrimination Act of 1975, and

(5) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,

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g. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the

following Federal prohibitions pertaining to discrimination against seniors or individuals with

disabilities:

(1) Federal laws, including:

(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which

prohibits discrimination on the basis of disability in the administration of federally

funded programs or activities,

(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §

12101 et seq., which requires that accessible facilities and services be made available to

individuals with disabilities,

(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.,

which requires that buildings and public accommodations be accessible to individuals

with disabilities,

(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as

a prohibited basis for discrimination, and

(e) Other applicable laws and amendments pertaining to access for elderly individuals

or individuals with disabilities,

(2) Federal regulations, including:

(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities

(ADA),” 49 C.F.R. part 37,

(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs

and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R.

part 27,

(c) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger

Vessels,” 49 C.F.R. part 39,

(d) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.

ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)

Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49

C.F.R. part 38,

(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and

Local Government Services,” 28 C.F.R. part 35,

(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public

Accommodations and in Commercial Facilities,” 28 CFR 36,

(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the

Americans with Disabilities Act,” 29 C.F.R. part 1630,

(h) U.S. Federal Communications Commission regulations, “Telecommunications

Relay Services and Related Customer Premises Equipment for Persons with

Disabilities,” 47 C.F.R. part 64, Subpart F,

(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility

Standards,” 36 C.F.R. part 1194, and

(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R.

part 609, and

(3) Other applicable Federal civil rights and nondiscrimination guidance,

h. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient

agrees to comply with the confidentiality and civil rights protections of:

34

(1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et

seq.,

(2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and

Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and

(3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2,

i. Access to Services for People with Limited English Proficiency. Except as the Federal

Government determines otherwise in writing, the Recipient agrees to promote accessibility of

public transportation services to people whose understanding of English is limited by following:

(1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited

English Proficiency,” August 11, 2000, 42 U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice,

“DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English

Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005,

j. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in

writing, the Recipient agrees to:

(1) Comply with other applicable Federal nondiscrimination laws and regulations, and (2)

Follow Federal guidance prohibiting discrimination.

k. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and

Federal regulations may be enforced as provided in those Federal laws or Federal regulations.

5.1.14 Disadvantaged Business Enterprises

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 Subrecipient’s overall goal for DBE participation is contained

the 2014 DBE Plan and is 4.5%.

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 Subrecipient deems

appropriate. Each subcontract the contractor signs with a subcontractor must include the

assurance in this paragraph (see 49 CFR 26.13(b)).

c. The successful bidder/offeror will be required to report its DBE participation obtained through

race-neutral means throughout the period of performance.

d. The contractor is required to pay its subcontractors performing work related to this contract for

satisfactory performance of that work no later than 30 days after the contractor’s receipt of

payment for that work from the Subrecipient. In addition, Contractor is required to return any

retainage payments to those subcontractors within 30 days after the subcontractor's work

related to this contract is satisfactorily completed.

e. The contractor must promptly notify Subrecipient 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 Subrecipient.

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5.1.15 Incorporation of Federal Transit Administration (FTA) Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by

DOT, whether or not expressly set forth in the preceding contract provisions. All contractual

provisions required by DOT, as set forth in FTA Circular 4220.1F 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

Recipient requests which would cause Recipient to be in violation of the FTA terms and

conditions.

5.1.16 Conformance with ITS National Architecture

Contractor shall conform, to the extent applicable, to the National Intelligent Transportation

Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and

as amended by MAP-21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, “FTA

National Architecture Policy on Transit Projects,” 66 Fed. Reg.1455 et seq., January 8, 2001, and

any other implementing directives FTA may issue at a later date, except to the extent FTA

determines otherwise in writing.

5.1.17 Access Requirements for Persons with Disabilities

Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons

with disabilities have the same rights as other persons to use mass transportation services and

facilities and that special efforts shall be made in planning and designing those services and

facilities to implement that policy. Contractor shall also comply with all applicable requirements

of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits

discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA),

as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made

available to persons with disabilities, including any subsequent amendments thereto.

5.2 Other Federal Requirements

The following clauses are not contained in FTA’s Master Agreement, but embody principles and

guidelines established in FTA's Circular 4220.1F governing third-party procurement and

contracts. Absent more specific future guidance from FTA, they should be included for all

contract types.

Full and Open Competition - In accordance with 49 U.S.C. § 5325(a) all procurement

transactions shall be conducted in a manner that provides full and open competition.

Prohibition Against Exclusionary or Discriminatory Specifications - Apart from inconsistent

requirements imposed by Federal statute or regulations, the contractor shall comply with the

requirements of 49 USC 5323(h)(2) by refraining from using any FTA assistance to support

procurements using exclusionary or discriminatory specifications.

Notification of Federal Participation - To the extent required by law, in the announcement of

any third party contract award for goods and services (including construction services) having an

aggregate value of $500,000 or more, contractor shall specify the amount of Federal assistance to

be used in financing that acquisition of goods and services and to express that amount of Federal

assistance as a percentage of the total cost of the third party contract.

http://www.fta.dot.gov/legislation_law/12349_8641.html

36

Interest of Members or Delegates to Congress - No members of, or delegates to, the US

Congress shall be admitted to any share or part of this contract nor to any benefit arising

therefrom.

Ineligible Contractors and Subcontractors - Any name appearing upon the Comptroller

General’s list of ineligible contractors for federally-assisted contracts shall be ineligible to act as a

subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller

General’s list of ineligible contractors for federally financed or assisted construction, the recipient

shall cancel, terminate or suspend this contract.

Other Contract Requirements - To the extent not inconsistent with the foregoing Federal

requirements, this contract shall also include those provisions attached hereto, and shall comply

with the recipient’s Procurement Guidelines, available upon request from the recipient.

Compliance with Federal Regulations - Any contract entered pursuant to this solicitation shall

contain the following provisions:

All USDOT-required contractual provisions, as set forth in FTA Circular 4220.1F, are

incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms

shall control in the event of a conflict with other provisions contained in this Agreement.

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee

request that would cause the recipient to be in violation of FTA terms and conditions.

Contractor shall comply with all applicable FTA regulations, policies, procedures and directives,

including, without limitation, those listed directly or incorporated by reference in the Master

Agreement between the recipient and FTA, as 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.

Real Property - Any contract entered into shall contain the following provisions: Contractor

shall at all times comply with all applicable statutes and USDOT regulations, policies, procedures

and directives governing the acquisition, use and disposal of real property, including, but not

limited to, 49 CFR 18.31-18.34, 49 CFR 19.30-19.37, 49 CFR Part 24, 49 CFR 5326 as amended

by MAP-21, 49 CFR part 18 or 19, 49 USC 5334, applicable FTA Circular 5010, and FTA

Master Agreement, as they may be amended or promulgated during the term of this contract.

Contractor’s failure to so comply shall constitute a material breach of this contract.

Access to Services for Persons with Limited English Proficiency - To the extent applicable and

except to the extent that FTA determines otherwise in writing, the Recipient agrees to comply

with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with

Limited English Proficiency," 42 U.S.C. § 2000d 1 note, and with the provisions of U.S. DOT

Notice, “DOT Guidance to Recipients on Special Language Services to Limited English

Proficient (LEP) Beneficiaries,” 70 Fed. Reg. 74087, December 14, 2005.

Environmental Justice - Except as the Federal Government determines otherwise in writing, the

Recipient agrees to promote environmental justice by following: (1) Executive Order No.

12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, as well as facilitating

compliance with that Executive Order, and (2) DOT Order 5610.2, “Department of

Transportation Actions To Address Environmental Justice in Minority Populations and Low-

Income Populations,” 62 Fed. Reg. 18377, April 15, 1997, and (3) The most recent and applicable

edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit

Administration Recipients,” August 15, 2012, to the extent consistent with applicable Federal

laws, regulations, and guidance.

37

Environmental Protections - Compliance is required with any applicable Federal laws imposing

environmental and resource conservation requirements for the project. Some, but not all, of the

major Federal laws that may affect the project include: the National Environmental Policy Act of

1969; the Clean Air Act; the Resource Conservation and Recovery Act; the comprehensive

Environmental response, Compensation and Liability Act; as well as environmental provisions

with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies

may issue other federal regulations and directives that may affect the project. Compliance is

required with any applicable Federal laws and regulations in effect now or that become effective

in the future.

Geographic Information and Related Spatial Data - Any project activities involving spatial

data or geographic information systems activities financed with Federal assistance are required to

be consistent with the National Spatial Data Infrastructure promulgated by the Federal

Geographic Data Committee, except to the extent that FTA determines otherwise in writing.

Metric Measurements - The Common Grant Rules require the recipient to accept property and

services with dimensions expressed in metric measurements, to the extent practicable and

feasible, in compliance with the Metric Conversion Act, as amended by the Omnibus Trade and

Competitiveness Act, 15 U.S.C. Sections 205a et seq.; Executive Order No. 12770, “Metric

Usage in Federal Government Programs,” July 25, 1991, 15 U.S.C. Section 205a note; and

applicable Federal regulations.

Use of $1 Coins - To comply with Section 104 of the Presidential $1 Coin Act of 2005, 31 USC

5312(p), FTA assisted property requiring use of coins or currency in public transport service or

support service must be fully capable to accept/dispense $1 coins.

5.3 Required Certifications

Forms for each required certification are contained in this Request for Proposal on the

pages following.

They should be reproduced verbatim and signed, and are required to be included

for a proposal to be considered responsive to these specifications.

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5.3.1 Certification of Receipt of Addenda to the Request for Proposal

Submit this form even if no addenda have been received. Failure to submit this form in a

properly executed manner will result in the bid/proposal being found non-responsive and

rejected.

Certification of Receipt of Addenda to the Request

for Proposal

All persons or firms submitting a proposal in response to this RFP must certify receipt of

any addenda issued by Customer under this solicitation.

The undersigned hereby acknowledges receipt of the following addenda to the above

referenced RFP:

Addendum Number: __________________, dated: ___________________



__________________________________________________________________

Name of Proposer (Individual, Partnership or Corporation):

__________________________________________________________________

Address:

___________________________________________ Date: _____/_____/_______

Signature of Authorized Signee:

___________________________________________________________________

Title of Authorized Signee

39

5.3.2 Affidavit of Non-Collusion

Affidavit of Non-Collusion

I hereby swear (or affirm) under the penalty of perjury:

(1) That I am the proposer (if the proposer is an individual), a partner in the proposer (if the

proposer is a partnership), or an officer or employee of the proposer having corporation

authority to sign on its behalf (if the proposer is a corporation);

(2) That the attached proposal or proposals have been arrived at by the proposer

independently and have been submitted without collusion with, and without any

agreement, understanding or planned common course of action with, any other vendor of

materials, supplies, equipment or services described in the request for proposals designed

to limit independent proposals or competition;

(3) That the contents of the proposal or proposals have not been communicated by the bidder

or its employees or agents to any person not an employee or agent of the proposer or its

surety on any bond furnished with the proposal or proposals, and will not be

communicated to any such person prior to the official opening of the proposal or

proposals, and;

(4) That I have fully informed myself regarding the accuracy of the statements made in the

affidavit.

Signed:

___________________________________

Firm:

___________________________________

Subscribed and sworn to before me

this ______ day of ______________ 20 ____

_____________________________________

Notary Public

My Commission Expires _________ 20 ____

Proposer’s Federal Employer Identification No. ____________________

(As used on employer's quarterly Federal Tax Return)

40

5.3.3 Suspension and Debarment Certification

Certification Regarding Government-Wide

Debarment And Suspension (Nonprocurement)

Instructions for Certification: By signing and submitting this bid or proposal, the

prospective lower tier participant is providing the signed certification set out below.

1. It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement

Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the

U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on

Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR part 180,

2. To the best of its knowledge and belief, that its Principals and subcontractors at the

first tier:

a. Are eligible to participate in covered transactions of any Federal department or

agency and are not presently:

(1) Debarred,

(2) Suspended,

(3) Proposed for debarment,

(4) Declared ineligible,

(5) Voluntarily excluded, or

(6) Disqualified,

b. Its management has not within a three-year period preceding its latest application

or proposal been convicted of or had a civil judgment rendered against any of them

for:

(1) Commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a public (Federal, State, or local)

transaction, or contract under a public transaction,

(2) Violation of any Federal or State antitrust statute, or

(3) Commission of embezzlement, theft, forgery, bribery, falsification or

destruction of records, making any false statement, or receiving stolen

property,

c. It is not presently indicted for, or otherwise criminally or civilly charged by a

governmental entity (Federal, State, or local) with commission of any of the

offenses listed in the preceding subsection 2.b of this Certification,

d. It has not had one or more public transactions (Federal, State, or local) terminated

for cause or default within a three-year period preceding this Certification,

(Continues)

41

Certification Regarding Government-Wide Debarment And Suspension

(Nonprocurement)

(Continued)

e. If, at a later time, it receives any information that contradicts the statements of

subsections 2.a – 2.d above, it will promptly provide that information to FTA,

f. It will treat each lower tier contract or lower tier subcontract under the Project as a

covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:

(1) Equals or exceeds $25,000, (2) Is for audit services, or (3) Requires the consent

of a Federal official, and

g. It will require that each covered lower tier subcontractor:

(1) Comply and facilitate compliance with the Federal requirements of 2 CFR

parts 180 and 1200, and

(2) Assure that each lower tier participant in the Project is not presently declared

by any Federal department or agency to be:

(a). Debarred from participation in the federally funded Project,

(b). Suspended from participation in the federally funded Project,

(c). Proposed for debarment from participation in the federally funded

Project,

(d). Declared ineligible to participate in the federally funded Project,

(e). Voluntarily excluded from participation in the federally funded Project,

or

(f). Disqualified from participation in the federally funded Project.

Certification

________________________________________________________________

Name of Contractor (Individual, Partnership or Corporation)

___________________________________________________ Date ___/___/______

Signature of Contractor's Authorized Signee

___________________________________________________________________

Printed Name and Title of Contractor's Authorized Signee

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