request for proposal for ada, pass and other … · 2012. 12. 3. · request for proposal for ada,...
TRANSCRIPT
REQUEST FOR PROPOSAL
FOR ADA, PASS AND OTHER
PARATRANSIT SERVICES
PROJECT #2017-06
Interurban Transit Partnership
300 Ellsworth Ave., SW
Grand Rapids, MI 49503-4018
(616) 456-7514
February 8, 2017 Issue RFP
February 15, 2017 – 1:00 pm, local time Pre-proposal Meeting
February 17, 2017 – 5:00 pm, local time Questions/Clarifications due
February 22, 2017 (on or before) Response to Questions
March 13, 2017 - 2:00 pm, local time Proposals Due
Week of March 25, 2017 Short-list/Interviews
April 26, 2017 Contract Award
Non-Mandatory Pre-Proposal
Conference: February 15, 2017 @ 1:00 pm local time
The Rapid
300 Ellsworth Avenue, SW
Grand Rapids MI 49503-4005
Pre-proposal Question Deadline: February 17, 2017 @ 5:00 pm, local time
Proposal Deadline: March 13, 2017 at 2:00 PM local lime
ITP - The Rapid
Senior Procurement Specialist
300 Ellsworth Ave. SW
Grand Rapids MI 49503
TABLE OF CONTENTS
SECTION PAGE
NOTICE REQUEST FOR PROPOSAL FOR GO!BUS
SERVICE
1. INVITATION FOR PROPOSAL 1
2 SCOPE OF WORK 3
3 CONTENT OF PROPOSAL 44
4 EVALUATION OF PROPOSALS 51
5 INSTRUCTIONS TO BIDDERS 52
6 CONTRACT PROVISIONS 60
ATTACHMENT 1 – COST PROPOSAL 102
ATTACHMENT 2 – DBE PARTICIPATION FORM 104
ATTACHMENT 3 -- CERTIFICATION OF RESTRICTION ON LOBBYING 105
ATTACHMENT 4 -- CERTIFICATION OF LOWER TIER PARTICIPATION 106
ATTACHMENT 5 – CERTIFICATION OF PRIMARY CONTRACTOR 107
NOTICE
REQUEST FOR PROPOSAL
FOR ADA, PASS AND OTHER PARATRANSIT SERVICES
Sealed proposals for provision of ADA PASS, and other demand response services will
be received in the offices of the Interurban Transit Partnership (ITP), 300 Ellsworth Ave.,
S.W., Grand Rapids, Ml, 49503, until Monday, March 13, 2017, at 2:00 p.m., local time.
Project specifications are available from the ITP Senior Procurement Specialist (SPS). A
non-mandatory pre-proposal conference will be held on Wednesday, February 15,
2017, 1:00 p.m., local time, in the conference room at The Rapid administrative
facility, 300 Ellsworth Ave., S.W., Grand Rapids, Michigan.
Proposals shall be subject to all applicable State and Federal laws and subject to
financial assistance contracts between the ITP Board and the United States
Department of Transportation, under the Federal Transit Act of 1964, as amended,
and the Michigan Department of Transportation. The successful contractor will be
required to comply with all applicable Equal Employment Opportunity Laws and
Regulations. All proposers will be required to certify that they are not on the
Comptroller General's list of ineligible contractors.
The ITP Board hereby notifies all proposers that it will affirmatively insure, in regard to
any contract entered into pursuant to this advertisement, that Disadvantaged
Business Enterprises will be afforded full opportunity to submit proposals in response to
this Request For Proposal and will be not discriminated against on the grounds of
race, color, religion, sex, handicap, or national origin in consideration for an award.
The ITP Board reserves the right to postpone, accept or reject any and all proposals,
in whole or in part, on such basis as the ITP Board deems to be in its interest to do so,
subject to the rules and regulations set forth by the Federal Transit Administration and
the Michigan Department of Transportation.
No proposal may be withdrawn for at least sixty (60) days after the scheduled closing
time of the proposals. One (1) original and four (4) copies and one (1) digital copy of
the proposal shall be submitted to the SPS.
Judy DeVries-Eppinga Interurban Transit Partnership
Senior Procurement Specialist 300 Ellsworth Ave., S.W.
(616) 456-7514 Grand Rapids, Ml 49503
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SECTION 1: INVITATION FOR PROPOSALS
1.0 INVITATION
Qualified firms and organizations are invited to submit a proposal package as
described in Section 3 of the RFP for operation of special transportation services
in conjunction with ITP's GO!Bus service program for senior citizens and
individuals with disabilities, including wheelchair users.
GO!Bus is an advance reservation door-to-door service for eligible persons
operated within a one hundred and eighty (180) square mile service area
encompassing all of ITP's six (6) member cities (East Grand Rapids, Grand Rapids,
Grandville, Kentwood, Walker, and Wyoming) and portions of four (4) townships
(Alpine, Byron, Cascade and Gaines). A more detailed description of the
service area and services requested is provided in Section 2, Scope of Work,
following.
ITP is particularly interested in proposals that offer thoughtful and creative
solutions that help facilitate communication with customers, practical use of
technology, and provide flexibility and resilience to the system in response to
traffic impacts, trip changes, driver shortages/call offs and other dynamic
factors.
The contract term is for five (5) years commencing on October 1, 2017 and
ending on September 30, 2022.
1.2 PLAN OF ACTIVITIES
Pre-Proposal Conference: A non-mandatory pre-proposal conference will be
held on Wednesday, February 15, 2017, 2:00 p.m., local time, in the conference
room at the ITP administrative facility, 300 Ellsworth Ave., S.W., Grand Rapids,
Michigan. The purpose of the pre-proposal meeting will be to receive questions
and comments regarding this RFP, including the sample agreement. In the
event you are unable to attend, questions may also be submitted in writing to
the Senior Procurement Specialist, to be received by 5:00 p.m., local time on
February 10, 2017 at [email protected]. A response to the pre-
proposal conference questions will be sent to all parties by ITP as an addendum
to this RFP. This response will be limited to new information or changes to the
RFP.
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Submission of Proposals: ITP will receive sealed proposals until Monday, March
13, 2017, at 2:00 p.m., local time. Proposals shall be submitted to:
Judy DeVries-Eppinga
Senior Procurement Specialist
Interurban Transit Partnership
300 Ellsworth Ave, S.W.
Grand Rapids, MI 49503
One (1) original and four (4) copies and one(1) digital copy of the proposal shall
be submitted. Proposers should complete the enclosed "Sealed Proposal" label
and attach it to the outside of the envelope containing the proposal. ITP
assumes no responsibility for the premature opening of sealed proposals which
do not have this label attached.
Proposals must be accompanied by a signed statement acknowledging the
receipt of any addenda issued to this RFP.
Evaluation, Selection, and Award: The evaluation of proposals will follow the
process described in Section 4, Evaluation of Proposals. Price is one, but not the
only, criteria to be used in the evaluation.
It is anticipated that recommendations on contract awards will be presented to
the ITP Board on April 26, 2017. Board action authorizing contracts will be
requested at that time, with the execution of agreements as soon as possible
thereafter.
ITP reserves the right to modify the schedule described above, or to withdraw
this RFP, at any time without prior notice. ITP also makes no representations that
any agreement will be awarded to any proposer responding to this RFP. ITP
expressly reserves the right to reject any and all proposals or to waive any
irregularity or informality in any proposal and to be the sole judge of the
suitability of the services to be rendered.
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SECTION 2: SCOPE OF WORK
2.1 INTRODUCTION
This section provides background information on the Interurban Transit
Partnership (ITP) Special Services Program (GO!Bus, PASS, ACSET County Service
and RideLink) and describes the services offered, including geographic area,
hours, eligibility, fares, and ridership. Responsibilities of ITP and contract service
providers are detailed. A summary of program policies, procedures, and
standards is included.
The purpose of this Request for Proposal is to secure the services of one or more
public or private transportation providers to provide services to the riders
outlined in sub-sections 2.3, 2.4, 2.5 and 2.6 Description of Service. The
successful bidder(s) of this project must have provisions for service that runs 24
hours per day, 7 days per week.
ITP is particularly interested in proposals that offer thoughtful and creative
solutions that help facilitate communication with customers, practical use of
technology, and provide flexibility and resilience to the system in response to
traffic impacts, trip changes, driver shortages/call offs and other dynamic
factors. If the contractor has software or hardware that can be used in
conjunction with what ITP provides, then the proposer is encouraged to submit
such technology with detailed explanations as to how it will interface with ITP
provided technology and how it will improve service and benefit ITP.
2.2 BACKGROUND
ITP has offered GO!Bus service since 1975. Beginning in 1982 through the
present, all trips have been carried by private providers under contract to ITP.
Currently there is one contractor engaged in operating trips under the overall
Special Services program. Trips include GO!Bus, the ADA portion which has very
strict service demands, Passenger Adaptive Suburban Service (PASS) operated
in conjunction with the GO!Bus ADA service but with separate service
parameters, ACSET Connection which operates 24 hours a day seven (7) days a
week and includes service throughout all of Kent County. ACSET Connection
includes interim childcare stops and same day service. Childcare stops are
marked on the MDT with an additional 30 minutes built into the load time for the
stop. They are not booked as separate trips and will be included in the client’s
trip. RideLink; a countywide service for senior citizens provided under contract
with the Area Agency on Aging of West Michigan (AAAWM). RideLink has fewer
service hours than the other services. This Scope of Work is for ADA GO!Bus
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Service, PASS, ACSET Connection and RideLink along with other services which
may be provided .
ITP expects to use one or more carriers in providing these services during the
period covered by this request.
Objectives of the Authority's services include:
Assure that service is safe, reliable, and meets other quality standards
defined by the ADA and The Rapid as necessary for each program.
Provide advance-reservation, special transportation serving all eligible
requests from certified clients.
Assure that service is provided in the most cost-effective manner.
Provide smart and friendly customer service to put the customer needs in
the forefront.
2.3 DESCRIPTION OF SERVICE – GO!BUS - AMERICANS WITH DISABILITIES ACT
(ADA) SERVICES
2.3.1 BACKGROUND
ITP must provide complementary and comparable paratransit service to
those persons who cannot utilize the fixed route bus system according to
the Americans with Disabilities Act of 1990 (ADA). Along with ADA
service, the ITP Board also provides GO!Bus transportation to senior
citizens (age 65 and older) who do not meet the eligibility qualifications
of the ADA.
ITP reserves the right to assign additional work to any contractor.
2.3.2 SERVICE AREA
Exhibit 1 shows the regular ADA GO!Bus service area within which service
is provided to and from all points. The regular service area encompasses
approximately 180 square miles and includes the six (6) cities of
Metropolitan Grand Rapids (Grand Rapids, East Grand Rapids,
Kentwood, Wyoming, Grandville and Walker) along with portions of
Alpine, Byron and Gaines Townships. Service to and from the Grand
Valley State University (GVSU) Allendale campus is also included in the
regular GO!Bus service area. A pilot project is in effect until at least
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January 2018 that provides a fixed route and therefore ADA paratransit
service in a portion of Cascade Township.
ITP adjusts fixed route service at least once a year. ITP reserves the right
to adjust the GO!Bus service area as needed.
2.3.3 SERVICE DAYS AND HOURS
GO!Bus service is operated from 4:30 a.m. until about 1:00 a.m. Monday
through Friday, 5:15 a.m. until about 10:25 p.m. on Saturday and from
6:25 a.m. until about 7:20 p.m. on Sunday. The beginning times for
service are the earliest times a passenger may schedule to be picked up.
The ending times are when all vehicles should be back at base. Service
is available on the same days and at the same times at the Rapid fixed
route bus so the ending scheduled pick-up time depends on the
distance of the trip. ADA service hours mirror fixed route service hours and
therefore are subject to change if needed in order to remain ADA
compliant. The contractor for services will be expected to perform all
scheduled GO!Bus trips. The GVSU route #50 runs later into the evenings
and while GVSU is in session, ADA paratransit trips must be available to
mirror that route.
No ADA service is provided on six (6) holidays; New Year’s Day, Memorial
Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
ITP reserves the right to change service hours as needed.
2.3.4 ORIGIN TO DESTINATION SERVICE
The ADA requires that transit providers provide ADA eligible passengers
origin to destination service; be that curb-to-curb with reasonable
modification for those needing more assistance or door-to-door as a
base level of service. The base level of service the ITP provides with its
GO!Bus service is door-to-door. Vehicle operators are expected to go to
the street door of the location and attempt to alert the passenger as
soon as the on-time window is reached and wait five (5) minutes (or until
the scheduled pick-up time) for a passenger after notifying the
passenger of his/her arrival. Vehicle operators are expected to offer
assistance from the main first floor/street level door of the building (origin)
where the passenger is waiting to the vehicle and from the vehicle to the
main first floor/street level door of the building (destination). Each of the
contractor’s vehicle operators should be ready and able to assist
passengers from just inside the main floor entrance of any dwelling or
building, to/from the vehicle and while boarding and alighting the
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vehicle. A request for Door-To-Door assistance may or may not be noted
on the trip request. No assistance is to be provided beyond just inside the
main floor entrance at either the place of origin or destination. Note: If
the building has a vestibule type entrance, an outer and inner door, the
driver is expected to assist the passenger to and from just inside the inner
door. If the origin or destination has an outside main entrance that is at
the top or bottom of a flight of stairs (or more than one flight) the driver is
only required to assist the passenger to the stairs. The driver is expected
to assist (offering an arm for balance, for example) the passenger up or
down a reasonable number of steps necessary to reach the main door
(one if the passenger is in a wheelchair and up to 5 for an ambulatory
passenger.)
2.3.5 FARES
Some passengers are required to pay a fare and others are not. The
fares required will be in the form of cash and/or prepaid tickets as the
passenger boards the vehicle. The Mobile Data Terminal (MDT) will
indicate what amount of fare is to be collected. It is the contractor’s
responsibility to collect the fare that shows on the driver’s MDT. Any
question about fare should be directed immediately to the GO!Bus
office. If a fare amount is showing for a passenger then the fare is to be
collected when the passenger boards the vehicle unless otherwise noted
on the MDT.
2.3.6 TRIP RESERVATIONS
All use of GO!Bus is through advance reservations made with the GO!Bus
office. Eligible persons may place their reservation up to fourteen (14)
days in advance, but no later than 4:30 p.m. the day preceding service.
Cancellations in trip reservations are also made through the GO!Bus
office. The contractor may receive early morning or late evening
requests for same day or next day cancellations directly from passengers,
when the GO!Bus office is closed. Contractor shall service such calls
without additional compensation from the Authority.
GO!Bus ADA trip reservations are taken by ITP on holidays when the office
is closed but when service will be provided the next day. ITP staff will
schedule the trips on the holiday evening (staff comes in at 4:30 p.m. and
works until all trips are scheduled) so when the contractor staff begins
work the day after the holiday, new trips will be scheduled.
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2.4 DESCRIPTION OF SERVICE- PASS – PASSENGER ADAPTIVE SUBURBAN
SERVICE
2.4.1 BACKGROUND
The ITP Board developed a suburban transportation system that provides
public transportation service to persons and locations that are not
accessible to fixed-route. The current PASS service is a demand response
service with trips scheduled at least the day before service is needed.
PASS is not an ADA mandated service.
2.4.2 SERVICE AREA
Exhibit 2 shows the PASS service area, within which service is provided to
and from all points, encompasses the six (6) cities of metropolitan Grand
Rapids (Grand Rapids, East Grand Rapids, Kentwood, Wyoming,
Grandville and Walker) with the exception of a core area in the center of
Grand Rapids bounded on the north by Leonard St., on the east by Fuller
Ave., on the south by Franklin St. and on the west by Alpine Ave. There is
no PASS service in this core area. The regular PASS service area is divided
into three sectors, North, Southeast and Southwest. The trips are
scheduled either with origin and destination in one sector or else the
passenger will be taken to a transfer point from which they will connect
with a fixed-route bus. Transfers to and from the fixed route bus will be
noted on the trip order and it is the contractor’s responsibility to make sure
the vehicle operator has transfers to provide to clients, if necessary. ITP will
supply the contractor with transfers at no charge to the contractor.
2.4.3 SERVICE DAYS AND HOURS
PASS service is operated from 5:15 a.m. until 11:45 p.m. Monday through
Friday, 8:00 a.m. until 9:45 p.m. on Saturday and from 8:00 a.m. until 7:00
p.m. on Sunday. The beginning times for service are the earliest times a
passenger may schedule to be picked up. Ending times are the latest
times a passenger may schedule to be picked up. The contractor will be
expected to perform all scheduled PASS trips.
ITP reserves the right to change service days and hours as needed.
No PASS service is provided on six (6) holidays; New Year’s Day, Memorial
Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
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2.4.4 CURB-TO-CURB SERVICE
Passengers are expected to be at the curb at or before their scheduled
pick-up time. Vehicle operators are not required to go door-to-door for
PASS service. However, operators will not be able to tell if a passenger is
ADA or PASS, thus going to the door for all passengers is what is expected.
2.4.5 FARES
Some riders are required to pay a fare and others are not. The fares
required will be in the form of cash and/or prepaid tickets. Fares may
include transfers from the fixed-route bus and vehicle operators will have
to give some passengers transfers to the fixed-route bus during the course
of service. The MDT will indicate what amount of fare is to be collected
and if a passenger requires a transfer. ITP will provide the contractor with
PASS transfers at no cost to the contractor.
2.4.6 TRIP RESERVATIONS
All use of PASS is through advance reservations made with the PASS office.
Persons may place their reservation up to fourteen (14) days in advance,
but no later than 4:30 p.m. the day preceding service. Cancellations or
changes in trip reservations are also made through the PASS office except
for riders whose trips are scheduled before or after the PASS office hours.
These riders may contact the contractor directly after PASS office hours to
cancel trips.
2.5 DESCRIPTION OF SERVICE ACSET COUNTY CONNECTION
2.5.1 BACKGROUND
ACSET County Connection Service is a seven-days-a-week curb-to-curb
service that is provided by contract to ACSET (Area Community Services,
Employment and Training Council) case managed clients. These are all
work-related trips and may include child-care stops, if necessary. ACSET
County Connection is not an ADA mandated service.
ITP reserves the right to assign additional work to any contractor
2.5.2 SERVICE AREA
The service area includes all of Kent County.
ITP reserves the right to adjust the service area as needed.
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2.5.3 SERVICE DAYS AND HOURS
County Connection service operates 24-hours per day seven days per
week. Overnight service (from 12:00 a.m. - 6:00 a.m.) and holiday service
for County Connection may be bid on a per trip basis. Contractor may
elect to subcontract that service. Any sub-contractor and the contract
must be approved by The Rapid.
County Connection service is provided on six (6) holidays; New Year’s
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and
Christmas Day.
2.5.4 FARES
ASCET County Connection passengers do not pay a fare. The MDT will
indicate that.
2.5.5 CURB-TO-CURB SERVICE
Passengers are expected to be at the curb or an area accessible to pick-
up at their origin at or before their scheduled pick-up time. County
Connection vehicles are not required to go into driveways and door-to-
door service is not required of the vehicle operators.
2.5.6 CHILDCARE
Trips may include children traveling with the adult passenger. These
children will have to be taken to school or childcare on the way to work
and/or be picked up from childcare on the way home. The trip to and/or
from childcare is included in the adult passenger’s trip and will not be
scheduled as a separate trip. The address(es) to which the driver must
provide service for the children will be noted on the MDT. Extra time is
built into the schedule at the time of trip reservation in order to allow
enough time for the childcare provision. There will be no additional
compensation to the contractor for provision of the childcare trips.
2.5.7 TRIP RESERVATIONS
All use of ACSET County Connection is through advance reservations
made with the County Connection office. Persons may place their
reservation up to fourteen (14) days in advance. Same day service may
be available as vehicle availability allows. Cancellations in trip
reservations are also made through the ACSET County Connection office
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except for riders whose trips are scheduled before or after the ACSET
County Connection office hours. These riders may contact the contractor
directly after ACSET County Connection office hours to cancel the same
day or for the next day only. Any other cancellations or trip changes must
be made through the ACSET County Connection office.
This is a contract service and ITP reserves the right to cancel or change it
at any time.
2.6 DESCRIPTION OF SERVICE RIDELINK
2.6.1 Background
The Rapid participates in RideLink, a network of area transportation
providers. RideLink offers transportation to persons aged 60 or older to any
destination, including doctor visits, recreational visits, and shopping trips
within Kent County. Providers include Hope Network, Senior Neighbors,
ACSET, United Methodist Community House and The Rapid. The Rapid uses
GO!Bus vehicles to provide trips for RideLink. RideLink is not an ADA
mandated service.
2.6.2 Service Area
RideLink is provided throughout all of Kent County.
2.6.3 Service Days and Hours
This service is available Monday through Friday from 8 a.m. to 5 p.m. and
on Sunday from 8:00 a.m. until 2:00 p.m. Currently Sunday service is
provided by one of the other RideLink providers. There is no service on:
New Year’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving’, day after Thanksgiving, Christmas Eve, Christmas Day or
New Year’s Eve.
2.6.4 Fares
There are no required fares for RideLink passengers. A $2.00 donation is
suggested for each passenger trip. There is a fare box assigned to each
RideLink driver for passengers to deposit their fares. At the end of the shift,
the driver brings the fare box into dispatch for unlocking and counting.
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2.6.5 Door-to-Door Service
Since the clients of this service are senior citizens (60 and older) many with
disabilities, the base service for RideLink is door-to-door. The drivers do not
have to go into buildings to look for passengers but should be prepared to
offer assistance from the main door of the origin to the main door of the
destination.
2.6.6 Trip Reservations
All use of RideLink is through advance reservations made with the RideLink
office. Eligible persons may place their reservation up to seven (7) days in
advance, but no later than noon the day preceding service.
Cancellations in trip reservations are also made through the RideLink
office.
RideLink is a contract service and ITP reserves the right to change or
cancel it at any time.
2.7 ITP RESPONSIBILITIES
ITP will carry out various program operation, administration, and oversight
services, described below.
2.7.1 USER ELIGIBILITY
ITP will establish criteria by which eligibility for all services will be
determined, and maintain a file of eligible persons. The principal check
on eligibility will be carried out by ITP at the time trip reservations are
placed.
2.7.2 TRIP ORDERS
A list of next-day trip orders for each carrier for each service will be
produced by ITP each day. Carriers will have access to ITP’s trip
scheduling software to retrieve the daily manifests at 4:45 p.m. the day
before service. ITP currently uses version 14 of Trapeze PASS as its trips
scheduling software. Trips for the different services are scheduled on
separate routes, however, trips may be combined by ITP scheduling staff
before the contractor has access to scheduling or by the contractor as
long as combining trips does not negatively impact trips on any service.
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2.7.3 CHANGES IN OR CANCELLATIONS OF RESERVATIONS
Cancellations of trip reservations are typically made through the ITP office.
The only exception is cancellation of trips before the ITP office is open or
after the office is closed, in which case the passenger will contact the
contractor directly. The contractor is only to cancel same day or next day
trips. Any other cancels will have to be made by the caller through ITP
during Special Services office hours (Monday through Friday from 6:30
a.m. until 5:00 p.m., Saturday and Sunday from 8:30 a.m. until 4:30 p.m.).
As soon as changes or cancellations are received from the passenger ITP
staff will enter the information into the computer and the changes will
automatically update to the contractor. Same day changes in
reservations are not typically allowed, however, all changes have to be
made through the ITP office and notification to the contractor will be
called in if the change is within a short period of time or will be
automatically updated in the system.
Adjustment to vehicle schedules due to same day cancellations and no-
shows will be the contractor’s responsibility.
For service changes requested outside ITP office hours, the contractor is to
make every effort necessary to provide the passenger with safe and
effective transportation. For example, if a passenger calls looking for a
ride which is not in the system, the contractor should make every effort to
add that ride to the system in order to make sure no one gets left out in
the community with no way home. The next business day, dispatch would
contact ITP about the additional trip and it will be counted among trips
provided. The contractor should err on the side of passenger safety when
making decisions before or after ITP office hours.
2.7.4 COMPLAINTS
All complaints regarding all services are to be directed to and received
by the ITP office. ITP staff will document the concerns reported and
forward the information to the designated contractor employee for
investigation and response. All complaints as well as commendations will
be recorded and answered in the software PASS COM. The contactor will
identify the individual(s) responsible for investigating complaints and
approval from ITP will be required. Contractor staff responsible for
investigating and answering complaints is required to monitor the system
regularly in order for not more than 3 business days to elapse between
when a complaint is entered and when it is answered. ITP will work with
the contractor to make sure complete answers are entered in order for ITP
to know what the complaint resolution is. For example, was the
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operator/dispatcher counseled on correct procedure? Was the
operator/dispatcher disciplined according to CBA guidelines? Was a
new policy or procedure identified that could help prevent the complaint
from being repeated?
2.7.5 PUBLIC INFORMATION/SIGNAGE
ITP will prepare all public information materials for the service including a
GO!Bus Rider's Guide and PASS brochures and other announcements as
required. These materials will be directly distributed by ITP, and provided
at no charge to contractors for training purposes. These materials are also
available on The Rapid website at www.ridetherapid.org.
2.7.6 TRAINING
The FTA requires that “all employees are trained to proficiency in all
aspects of their jobs.” Contractor must adopt procedures to assure that
before transporting passengers all vehicle operators engaged in GO!Bus
service are trained in accordance with the Federal ADA regulations in
safety, sensitivity toward persons with disabilities, service requirements
and operation of vehicles and equipment. Vehicle operators shall also be
required to take, at minimum, an annual refresher-training course. The
contractor will maintain records that document the training received by
each driver. ITP reserves the right to inspect those records at any time.
ITP will assist contractors in certain aspects of the training that will be
required for all vehicle operators engaged in providing trips. A summary
of the five basic components of required training is shown below.
All contractor training policies, procedures and program specifics will be
provided to ITP upon signing of the contract.
2.7.6.1 VEHICLE OPERATION
Training is to include defensive driving instructions (classroom and
on-the-road), training in the operation of special equipment, and
evacuation/emergency procedures. ITP will review contractor
training procedures/materials and provide materials and guidelines
for contractor use, as deemed necessary.
2.7.6.2 GEOGRAPHIC ORIENTATION
Training will include orientation to the service areas for each
program including boundaries, major roads and streets. Orientation
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is to include common origins/destinations and building entrances
used by program passengers. Vehicle operators are expected to
be familiar with and know how to legally and safely use the GPS
units installed in each vehicle. On occasion the GPS function may
not be available. Vehicle operators are expected to know how to
locate addresses without use of the provided GPS.
2.7.6.3 PASSENGER CHARACTERISTICS/ASSISTANCE
For GO!Bus service, training must include characteristics of the
elderly and disabled, their special needs and assistive devices used,
providing physical assistance, and sensitivity to needs of this
clientele. Local consumers should be involved in this training as
available. ITP will contact consumers and will assist with making the
arrangements for availability for training assistance. Training for
PASS and RideLink will also include sensitivity training to passengers
with disabilities as well as the elderly along with general customer
service skills training.
2.7.6.4 WHEELCHAIR HANDLING AND SECUREMENT
Training must include proper assistance needed for passengers who
use wheelchairs, use of vehicle equipment, and securement
devices. Local consumers should be involved in this training as
available. ITP will contact consumers and will assist with making the
arrangements for availability for training assistance. Vehicle
operators are required to know how to secure a variety of mobility
devices safely and securely.
2.7.6.5 PROGRAM RULES/GUIDELINES
General training on ITP program rules and guidelines must be
developed and carried out by the contractor with assistance from
ITP. ADA requirements for service must be part of the training.
Operators and dispatchers need to know their roles in providing
ADA paratransit service according to ADA rules and FTA guidelines.
Requests for reasonable modification of policies and procedures
may affect front line workers such as operators and dispatchers and
they will be required to know how to handle such requests. ITP will
provide definitions (Exhibit 3) and standards (Section 2.22 Service
Standards) developed for this service.
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2.7.7 PROGRAM ADMINISTRATION AND OVERSIGHT
ITP will designate an individual(s) to serve as the manager of GO!Bus,
PASS, County Connection and RideLink services to be the point of contact
with contractors. ITP has overall responsibility for administration and
oversight of all including the functions listed below:
2.7.7.1 PERFORMANCE MONITORING
ITP staff will monitor contractor performance and the quality of
service on a systematic and continuing basis. Such monitoring may
include road checks, passenger surveys, manifest surveys and the
inspection of facilities, equipment, and vehicles. ITP reserves the
right to have an ITP staff member or members employed by ITP to
work on site at the contractor’s facility. Real time pick-up and drop-
off information is available in the software system and will be
monitored on a regular basis. On-time performance is based on
these reports.
2.7.7.2 FINANCIAL AND OPERATING REPORTS
Contractor invoices for service will be processed on a semi-monthly
or monthly basis, including a review and reconciliation of financial
and operating data reported to ITP. Payments will be made within
30 working days of ITP receiving a complete and accurate invoice.
Contractors will work with ITP staff to make sure operating data is
consistent with performance.
Dispatcher documentation shall be maintained regarding
operational decisions such as: attempts to contact customers prior
to no-shows, passenger incidents, reasons for shutting down routes,
adding routes and other data needed to improve service as
requested by ITP. Such documentation will be forwarded to ITP with
the monthly or semi-monthly invoice and upon request.
2.7.7.3 IMPROVEMENTS
ITP will work cooperatively with carriers in refining the assignment
and scheduling of trips and identifying other ways to further improve
service productivity and/or quality, and to reduce operating costs.
ITP is interested in proposals that offer thoughtful and creative
solutions that help facilitate communication with customers,
practical use of technology, and provide flexibility and resilience to
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the system in response to traffic impacts, trip changes, driver
shortages/call offs and other dynamic factors.
2.8. CONTRACTOR RESPONSIBILITIES
The Contractor shall provide service in a manner that maximizes safety,
customer service, and cost efficiency. As daily service adjustments are made,
the contractor must maintain productive routes meeting or exceeding baseline
productivity with no performance violations. GO!Bus service must maintain
performance standards for quality of service while accommodating the
greatest number of passengers over the quickest routes with the fewest vehicles.
The Contractor must perform this service and also accurately measure and
verify actual performance according to the performance standards outlined by
ITP.
Contractors will be responsible for providing all necessary administrative staff,
sufficiently trained vehicle operators, office and maintenance facilities, office
equipment, supplies and services required in the operation of transportation
services identified in the RFP, unless specifically indicated as to be furnished by
ITP. Specific responsibilities are further described, following. All project personnel
will maintain a professional, courteous manner with passengers, including
answering to the best of their ability all passenger questions; refraining from
disparaging ITP or the Contractor to passengers or the media; and performing
other tasks as directed. Vehicle operators are specifically prohibited from
showing or discussing the manifest or manifest information from the MDT to a
passenger or customer.
2.8.1 SERVICE OPERATION
Service will be provided within the geographic area, days, and hours
established by ITP as set forth in Sections 2.3, 2.4, 2.5 and 2.6.
DESCRIPTIONS OF SERVICE. Contractor will be responsible for delivery of all
service (trips) assigned to it by ITP. Contractor may not return to ITP any
service (trips) it is assigned or refuse to provide the service (or any portion
thereof) assigned to it. In the event of vehicle breakdowns, equipment
failure or other service interruption, it shall be the responsibility of the
contractor to arrange for alternative transportation at the contractor’s
sole expense. Trips not delivered or for which alternate transportation is
not provided will be treated as missed trips and subject to liquidated
damages.
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2.8.2 SUPERVISION
Supervision of day-to-day operations will be vested with each selected
contractor. The contractor shall designate an individual as the key
employee whose function is the direction and oversight of services
performed for ITP. The key employee will be the point of contact for
communication between ITP and the contractor regarding all aspects of
the service and its management.
2.8.3 SCHEDULING/DISPATCHING
Proficiently trained dispatchers are required in order to keep the service
timely, efficient and productive.
Currently, ITP provides scheduling of all trip requests. The contractor may
make adjustments as necessary as long as those adjustments do not
adversely affect the on-time service or the passenger (i.e., trip taking too
long). The closure or opening of more than one (1) route for any reason
except vehicle breakdown must be approved by ITP lead schedulers.
Dispatcher documentation shall be maintained and forwarded to ITP daily
regarding operational decisions such as reasons for shutting down routes
or adding routes or adding or removing vehicle revenue hours to routes.
Revenue hours are defined as “the hours that vehicles are scheduled to or
actually travel while in revenue service.”
The contractor will be responsible for provision of service in a safe,
efficient, economical manner, printing of manifests (when necessary) or
properly downloading manifests to vehicle operators and dispatching
same to vehicle operators. Dispatching should be carried out in a
manner which maximizes the productivity of vehicle operators and
vehicles while meeting the standards for service quality established by ITP.
All services are offered on a shared-ride basis. It is desirable to group trips,
where possible, to increase vehicle productivity.
For medical trips only for GO!Bus, PASS and RideLink, reservations for
service will be accepted without a specified time for return trips. In such
cases the passenger will call ITP at the conclusion of their appointment to
request transportation. ACSET County Connection service allows for will-
calls for work trips in addition to medical trips. The trip will then be entered
in to the software system and the contractor’s dispatchers will assign it to
a driver in a timely manner. In no cases should the GO!Bus or PASS
passenger have to wait more than 45 minutes after their initial call for their
will call trip. RideLink passengers and County Connection passengers
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should not have to wait more than one hour after their initial call for their
will call trip.
It is expected that most trips will be scheduled on a route the day, or
evening, prior to service delivery. Other than the "will-call return" trips,
leaving some trips “unscheduled” to be fit in as the day of service unfolds
is expected in order to allow for gaps in service due to same day
cancellations and/or “No-Shows.” ITP takes considerable time and effort
to schedule trips that will be on-time and will be performed without any
service violations (as noted in the PASS scheduling system.) Contractor
should take time and consideration before re-scheduling trips before the
day of service. If trips have to be moved prior to the day of service, the
reason must be noted in the dispatcher log and forwarded to ITP the next
day and no such movement should result in more than a minor violation in
the trip scheduling software.
Contractors will be required to have trained staff available for telephone
communication with the GO!Bus office during all times when the GO!BUS
office is open (Monday through Friday from 6:30 a.m. until 5:00 p.m.;
Saturday and Sunday from 8:30 a.m. until 4:30 p.m.). Contractors will be
required to have a public telephone number with a proficiently trained
customer service staff person(s) available to take calls during all times
when they are operating any service. The current phone system is set-up
so passengers will call the phone number for the service they use (GO!Bus,
RideLink, PASS, ACSET County) and when ITP office hours have not yet
begun or are over, the calls will immediately transfer to the contracted
carrier. Contractors will be required to accept passenger calls before
and after GO!Bus office hours. Contractor staff is expected to know the
basics of the services offered by The Rapid in order to answer basic (like
ITP office hours, when a person can schedule a ride, etc.) customer
questions. Contractor staff is expected to know The GO!Bus office hours
and be able to provide callers with the information. The majority of calls
before or after GO!BUS office hours are same or next day cancellations or
“will calls” or “where’s my ride calls.” The customer service representative
answering the phone should be able to assist the caller with this type of
question and service. The caller asking any other questions or with
comments or concerns before or after ITP Special Service office hours
should be directed to call ITP during regular office hours. Any calls from
the public or passengers received by the contractor during ITP business
hours should be referred to ITP.
Service issues that occur before or after ITP office hours should be directed
to the contractor supervisor in charge. Contractor staff answering the
phone during these times must have clear instructions on who to call and
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how to handle situations that may arise during service hours when The
Rapid staff is not available. In all such cases, The Rapid Manager of
Special Services ( or his/her designee) must be notified with an incident
report as soon as practical and with necessary follow-up, such as more
detailed information and resolution, within 24 hours of such service issue.
2.8.4 CHANGES IN, OR CANCELLATIONS OF, RESERVATIONS
For all service, contractors will receive notification of cancellations or
changes in trip reservations from the ITP office directly into the software
system. Adjustment to vehicle schedules due to cancellations and no
shows will be the contractor’s responsibility.
Contractor may receive early morning or late evening requests for same
day or next day cancellations directly from passengers, when the ITP
office is closed. Contractor shall service such calls without additional
compensation from ITP.
2.8.5 NO-SHOWS
All GO!Bus and RideLink passengers are responsible for being at the
designated pick-up location, ready to travel, not less than 10 minutes
before their scheduled pick-up time.
Vehicle operators will be required to wait a minimum of five minutes or up
to the scheduled pickup time (whichever is later) prior to moving on.
Before moving on, vehicle operators are required to contact their
dispatcher to verify the address/location, and to check at the door of the
residence or building. Vehicle operators should notify the passenger
upon arrival (if within the on-time window) to let the passenger know they
have five minutes before the vehicle departs. Vehicle operators are
required to use the MDT “arrive” “perform” functions only when actually at
the correct location. Vehicle operators are expected to make all
reasonable efforts to locate and transport the individual. Only in cases
where the driver can establish with certainty that the passenger is not and
will not be available to take the trip within the allotted five minute waiting
time is it permissible to depart the pick-up location before the end of the
pick-up window or the scheduled time.
For ADA paratransit trips only, if the vehicle arrives outside the pick-up
window, 16 or more minutes after the scheduled pick-up time and the
passenger(s) cancels, the passenger will not be counted as a “No-Show”
and the contractor will be charged with a missed trip. The trip will be
marked a “NM.”
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County Connection passengers are required to be at the curb, ready to
travel not less than 10 minutes before their scheduled pick-up time.
Vehicle operators will be required to wait a minimum of five minutes or up
to the scheduled pickup time (whichever is later) prior to moving on.
Before moving on, vehicle operators are required to contact their
dispatcher to verify the address/location.
Passenger(s) not present to board the vehicle by the scheduled pick-up
time are considered to be a “No-Show”, providing the vehicle is on time.
GO!Bus and PASS cancellations received 30 minutes or less before the
scheduled pick-up time are also considered to be a “No-Show”.
Cancellations received less than 60 minutes before the scheduled pick-up
time are considered to be a “No-Show” from out county, County
Connection and RideLink passengers.
Any passenger trip that is recorded in the system as a NS is required to
have a note entered explaining where the driver was (color of house for
example) or how the driver attempted to locate the passenger (driver
rang bell) or any other pertinent information (passenger in hospital, etc.)
2.8.6 FARE COLLECTION
Collection of the proper fare and secure handling of fares are the
contractor's responsibility. Fares will be paid in cash (exact amount –
drivers are not expected to nor should they make change) or with
prepaid fare tickets sold by ITP. All fare information is with the trip data on
the driver’s MDT, or in the case of MDT not working, on the driver’s paper
manifest. It is the contractor’s responsibility to make sure the correct fare
is collected. In some cases, the passenger will not pay a fare, and ITP will
bill the sponsoring human service agency or other organization for the
required amount. Instructions will be provided on the MDT trip order to the
contractor if the passenger is not paying the fare when boarding. Under
no circumstances are vehicle operators to collect the fare after the trip is
taken. Vehicle operators are not required to collect the fare at the
passenger’s destination unless so noted on the trip file. Vehicles are not
required to have fare boxes. Cash fares are to be retained by the
contractor and deducted from the contractor's invoices for service
rendered. Tickets are to be collected, counted, sorted by day and
submitted with the contractor's invoices to ITP. Tickets and cash collected
must be reconciled with ITP at each invoicing.
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2.8.7 PASSENGER ASSISTANCE
Contractors are required to use the highest degree of care in the
operation of equipment and assistance of passengers. Vehicle operators
must walk/assist passengers from the street level entrance of any dwelling
or building, to/from the vehicle and boarding and alighting from the
vehicle. Assistance in boarding and alighting from the vehicle is to be
offered in all cases. Vehicle operators should identify themselves when
picking up an individual. Vehicle operators are not required to provide
personal care attendant (PCA) duties for passengers. The Rapid allows
passengers to take up to two bags or parcels with them on the vehicle as
long as they can handle the bags or parcels by themselves. Historically,
however, vehicle operators have assisted passengers by carrying up to
two bags or parcels between the vehicle and the entrance at the place
of origin or destination. Bags/parcels may weigh up to 30 pounds each.
For any parcels brought on board, vehicle operators will make sure the
bags/parcels are stowed properly to minimize hazards while driving. All
bags and parcels remain the sole responsibility of the passenger.
2.8.8 COMPLAINTS
All complaints will be directed to the ITP office, including passengers who
initially contact the contractor. Where deemed appropriate by ITP staff,
documentation on the complaint will be provided to the contractor for
investigation and response. The contractor must respond in writing within
three (3) working days of receipt, summarizing their findings and the
corrective action(s) taken, or to be taken, as appropriate.
2.9 PERSONNEL AND TRAINING
ITP places a high value on the quality of the Contractor’s employees and the
Contractor’s ability to retain employees. Staffing levels for operators shall assure
that all routes are covered every day. ITP is willing to consider proposals that are
not the lowest cost but that are cognizant of hiring and retaining qualified staff.
(http://livingwage.mit.edu/metros/24340). The proposer shall describe its plans
for recruitment, evaluation, and retention of a trained and qualified workforce
throughout the term of the contract. This should include a complete description
of pay rates and progression scales for all hourly employees, and pay ranges for
salaried employees throughout the course of the contract. The proposer shall
describe the fringe benefit package that will be offered to hourly and salaried
employees. A copy of the employee handbook should be included in the
proposal. Staffing levels for operators shall assure that all routes are covered.
The proposal shall include the monthly average turnover rate for operators at
three comparably size contracts in place in FY15. (Turnover rate shall be
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computed as total number of annual operator hires divided by total operator
positions available). If wages vary by contract then the proposal shall indicate
the monthly turnover average rate for operators at three contracts in place in FY
2016 indicating hourly wages.
Contractors will be solely responsible for the provision, oversight, and satisfactory
work performance of all employees required to deliver the transportation and
related services described in this RFP. Such responsibility will include the
payment of wages and benefits, including compliance with requirements of
worker's compensation, unemployment insurance, and Social Security.
2.9.1 VEHICLE OPERATORS
Contractors must supply and maintain a sufficient number of properly
qualified personnel to operate vehicles and provide the required service
at all times. Requirements for driver training and other standards
pertaining to vehicle operators are described, following. Notwithstanding
a union contract, if, in the opinion of ITP, the continued use of a driver is
not in the best interest of the safety and welfare of the passenger or in the
best interests of The Rapid, such driver will be changed upon the request
of ITP. The Contractor shall have adequate numbers of fully qualified
vehicle operators available as backup operators during all operating
hours to ensure consistent and reliable service. The Contractor shall be
responsible for providing drivers and dispatchers with regular breaks,
including lunch, in accordance with applicable local, state and federal
law. These breaks must be provided without a reduction of service, and
the Contractor shall be solely responsible for the costs and resources
required to provide its employees with job breaks.
Vehicle operators:
• Must be at least 21 years of age and must have possessed a valid US
Driver License for at least five years.
• Must possess the appropriate class of license for the type of vehicle to
be operated.
• Must not have more than one traffic citation for a moving violation
within the past two years and must have no DWI/DUI convictions within
the past five years or felony convictions within the past ten years and no
felony convictions for assault based crimes.
• Must pass an FTA pre-employment drug screen and must be able to
pass all random, post-accident and any reasonable suspicion drug and
alcohol tests which may be administered in accordance with FTA
requirements throughout the life of this contract.
• Must be able to read, write and speak clearly in English.
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• Must demonstrate mastery of all topics covered in pre-employment and
ongoing driver training.
• Must maintain a neat, clean and professional appearance which meets
the requirements of this contract.
• Must have a strong knowledge of The Rapid service area, including the
road network, major points of interest and how to use provided tools to
locate and navigate between specific addresses.
• Must provide exceptional customer service and must not incur more
than three valid passenger complaints within any rolling twelve month
period.
2.9.2 DRIVER TRAINING
Training in vehicle operation, service area geography, passenger
characteristics/assistance, ADA standards and all program
rules/guidelines will be required for all supervisors, dispatchers and
personnel operating vehicles in service for ITP.
2.9.3. VEHICLE OPERATION
The contractor must conduct or otherwise arrange for training in defensive
driving, operation of special equipment, and evacuation/emergency
procedures. Such training will include at least one-half day of classroom
instruction and at least two days of "on-the-road" familiarization and
practice. ITP will review contractor training procedures/materials, and
provide materials and guidelines for contractor use, as deemed
necessary.
ITP provides Revenue Vehicles with sophisticated radio and diagnostic
capabilities which are dependent on the vehicle operators’ proper
activation of the system by correctly logging into and out of the Mobile
Data Terminal (MDT) on vehicles at the start and end of each shift. The
Contractor shall ensure that all data required by the ITP is correctly
entered into the ITP scheduling and dispatch system. All required
information is critical to system reporting and its level of accuracy is of
great importance in whatever form the data is entered whether by the
vehicle operator using the MDT or, in the event of a system malfunction,
marking the manifest and having it manually entered at the end of the
service day or as a result of the vehicle operator notifying dispatch via the
communication system and the dispatcher logging it into the system.
Failure to log into and out of the system hinders the flow of information
necessary to manage the service day, the receiving of information for
Federal reporting requirements, and assisting in quick response to safety
and security incidents.
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2.9.4 GEOGRAPHIC ORIENTATION
The contractor must conduct an orientation for vehicle operators in the
geography of all service areas, including boundaries, major roads/streets,
common trip locations and building entrances used by passengers. ITP
will provide reference materials on the service areas, common trip
locations, and building entrances. It is the contractor’s responsibility to
have proficiently trained vehicle operators in revenue service. The main
source of directions will be the Vectors which are in all vehicles, however,
should the vector malfunction or if the GPS function becomes inoperable,
that in no way absolves the vehicle operator of the responsibility of
locating the correct address for each trip.
2.9.5 PASSENGER NEEDS, CHARACTERISTICS, AND ASSISTANCE
Special training will be conducted in the characteristics of elderly persons
and the disabled, sensitivity to the special needs of this clientele, assistive
devices used, and providing physical assistance. It is expected that this
training will require up to one-half day. It is expected that local
consumers appropriate for the training will be used in this training as
available and practical. ITP will contact the consumers to be involved in
the training based on contractor’s requested needs. Ongoing refresher
training is required for all employees on an annual basis. If, in the opinion
of ITP, the continued use of a driver is not in the best interest of the safety
and welfare of the passenger or in the best interests of The Rapid, such
driver will be changed upon the request of ITP.
2.9.6 WHEELCHAIR HANDLING AND SECUREMENT
The contractor will conduct training in the proper assistance for
passengers using wheelchairs and securement of passengers and mobility
aids. This training will include orientation to proper use of vehicle
equipment such as lifts, ramps, securement devices, and is expected to
require up to one-half day. It is expected that local consumers
appropriate for the training will be used in this training as available and
practical. ITP will contact the consumers to be involved in the training
based on contractor’s requested needs,
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2.9.7 GO!BUS PROGRAM RULES/GUIDELINES
The Contractor will arrange for and/or conduct training for ITP’s programs
and policies. All contractor personnel are required to have training using
the ITP Rider’s Guide so that basic ITP and ADA service provisions,
requirements and policies are familiar to contractor staff.
In addition to training received by contractor personnel at the time of hire
and/or at the beginning of service under contract with ITP, a minimum of
one-half day of refresher training approved by ITP will be required on an
annual basis for each driver.
Contractors will be responsible for compensating all vehicle operators for
time spent in the various aspects of required instruction. Documentation
of satisfactory completion of training will be available to ITP staff after the
completion of such training for all contractor personnel.
2.9.8 SUPERVISOR/SUPPORT STAFF
At a minimum, the General Manager must possess at least five years of
experience within the paratransit or public transit arena, with at least
three years of experience managing an ADA paratransit system of similar
size and scope to this project. ITP will consider candidates with similar
relevant experience and years of service. In addition, the General
Manager must be able to demonstrate a strong working knowledge of
the ADA and ADA paratransit requirements, paratransit operational issues
and procedures, paratransit management technology, a commitment to
exceptional customer service and a passion for safety.
At a minimum, the Operations Manager must have at least five years’
experience in the public transit or paratransit industry with at least three
years of that experience at a supervisory or managerial level. ITP will
consider candidates with similar relevant experience and years of service.
The Operations Manager must demonstrate a high degree of proficiency
in ADA paratransit operations, contractor and/or subcontractor
management, transit/paratransit safety and training, FTA drug and
alcohol testing and reporting requirements, and in other operational
areas which will be important for success on this project.
At a minimum, the Safety and Training Manager must have a minimum of
five years of experience in the transit, paratransit or non-emergency
medical transportation industry with at least three years of this experience
at or above the supervisory level in system safety, personnel training or on-
street supervision. ITP will consider candidates with similar relevant
26
experience and years of service. The Safety and Training Manager must
demonstrate a high degree of proficiency in ADA paratransit operations,
passenger sensitivity and awareness, driver screening and training,
accident response and investigation, and in FTA drug and alcohol testing
and reporting.
At a minimum, the Maintenance Manager must have five years of
experience in the maintenance of a paratransit, retail transportation, non-
emergency medical transportation or other fleet with characteristics
which are relevant, given the size, and characteristics of the fleet which
the Contractor will be operating on this project. ITP will consider
candidates with similar relevant experience and years of service.
Appropriate ASE Certification is highly preferred but not required. The
Maintenance Manager must also demonstrate a strong working
knowledge of current standard industry practices for enterprise fleet
maintenance and management, including parts ordering and
management, quality control and quality assurance practices,
environmental compliance, maintenance record-keeping and good
practices for managing maintenance personnel, outside vendors and a
variety of shop processes.
Dispatchers
The following minimum standards apply to all dispatchers (whether part-
time or full-time) used by the Contractor in connection with this service.
• Must demonstrate eligibility to work in the United States.
• Must be able to read, write and speak clearly in English.
• Must possess a High School diploma or a GED.
• Must demonstrate mastery of all topics covered in pre-employment and
ongoing dispatcher training, including use of dispatch tools, adherence to
dispatch procedures and use of the paratransit management software
system.
• Must be familiar with the geography of The Rapid service area,
including the cities, towns and County areas, the road network, major
points of interest, and how to use provided tools to locate specific
addresses
Must demonstrate exceptional knowledge of the geographic area as
well as in the use of the paratransit software system.
• Must provide exceptional customer service to drivers, other personnel
and to customers and must not incur more than three valid complaints
within any rolling twelve month period.
Road Supervisors
Road Supervisors must meet all of the requirements for drivers set forth
herein and must have at least two years of professional driving experience
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(preferably within a transit or paratransit system) prior to taking on
supervisory duties.
Contractors will be responsible for provision of all necessary personnel for
the dispatching of vehicle operators and maintenance of vehicles, driver
communication/supervision. Such personnel will include those persons
necessary to carry out previously described communication with the ITP
office and the public. Direct two-way communication between all
vehicles and the contractor's dispatch office will be required at all times
when vehicles are operating in ITP service. ITP reserves the right to hire a
staff person to be stationed at contractor’s site for compliance
confirmation, audits, surveys and/or any other necessary jobs that ITP feels
can be accomplished with staff on site.
2.9.9 DRUG/ALCOHOL TESTING
As a recipient of Federal public transportation assistance funds, ITP and its
service contractors are subject to the drug and alcohol testing regulations
of the United States Department of Transportation (DOT). ITP must comply
with the final rules for drug and alcohol testing and training programs
published by the DOT on February 15, 1994, and all amendments (e.g. CFR
49 Part 40; CFR 49 Part 655; FTA Drug Free Workplace Act, etc.). The
attached copy (Exhibit 4) of the ITP Substance Abuse Policy is provided for
your reference. This cannot be duplicated without written permission.
The successful bidding contractor must have a policy in place that
complies with all DOT regulations. As an employer, you are responsible for
meeting all applicable requirements and procedures of 49 CFR and for all
actions of your officials, representatives, and agents (including the service
agents) in carrying out the requirements of the DOT agency regulations.
In addition, you are responsible for ensuring that the service agents you
use meet the appropriate qualifications (e.g. 40.121 for Medical Review
Officers [MROs]). Your good faith use of a service agent is not a defense
in an enforcement action initiated by a DOT agency in which your
noncompliance may have resulted from a service agent’s conduct, and
a service agent may not act as your company’s Designated Employer
Representative.
Contractors operating ITP services must have all required programs and
procedures in place on October 1, 2017, and conduct them thereafter on
a continuing basis The successful bidder must provide ITP’s Designated
Employer Representative, the Human Resources Manager, with a copy of
their semi-annual compliance report received from their service agent.
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All agreements and arrangements, written or unwritten, between and
among employers and service agents concerning the implementation of
DOT agency drug and alcohol testing requirements are deemed, as a
matter of law, to require compliance with all applicable provisions of 49
CFR Parts 40 and 655 collectively; DOT drug and alcohol regulations.
Therefore, compliance by you with these DOT regulations is a material
term of all such agreements.
2.9.10 DRIVER STANDARDS
All vehicle operators must be properly licensed in the State of Michigan,
including Commercial Vehicle operator’s License (CDL) if the CDL is
required for the vehicle(s) to be operated. The current vehicle fleet does
not include any vehicles that require an operator to have a CDL. A
request for a motor vehicle record for the Secretary of State must be
submitted at the time of a driver's assignment to ITP service and at least
annually thereafter. Vehicle operators who do not meet the following
minimum criteria may not provide service:
No more than one (1) accident (at-fault with ticket issued) in the last
three years.
Must not have more than one traffic citation for a moving violation
within the past two years and must have no DWI/DUI convictions within
the past five years or felony convictions within the past ten years and no
convections for assault crimes.
Contractor will provide ITP Special Services Manager an annual copy
of the motor vehicle record from the Secretary of State for all vehicle
operators on the anniversary date of the beginning of this contract.
(October 1)
The following background checks must be ordered and received for
any operator who will be providing service to ITP passengers:
a. Criminal background (State/City/County)
b. OTIS/CSC (Registered Sex Offender List)
b. Driving record
c. Employment history
Contractor must provide ITP with minimum requirements for vehicle
operators based on these background checks.
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2.9.11 DRIVER UNIFORMS
All vehicle operators shall be required to wear a neat and clean uniform
having characteristics prescribed by the contractor, and approved by ITP,
providing at a minimum for a dress type shirt and jacket with the ITP or
other approved logo affixed thereto along with name tag and Dockers
type pants or trousers. Name tags must be worn by all vehicle operators
at all times they are providing service for ITP. If a passenger cannot read
the driver’s name (first name only required) the driver will provide the
passenger his or her name if requested. During revenue service for ITP,
shirts must be clean, fully buttoned and tucked in.
2.9.12 USE OF CELL PHONES
Vehicle operators are not allowed to use cell phones while driving or while
passengers are on board, boarding or alighting the vehicles. This includes
use of hands free cell phone adaptations (for example Bluetooth
devices). This also includes texting. Cell phones distract vehicle operators
from the job they are performing and personal calls and texting are not
allowed under any circumstances while driving, while passengers are on
board or boarding and/or alighting. Any cell phone the driver may carry
while on the job must be turned off (not on “silent mode” or “vibrate
mode”) while the driver is in revenue service to ITP. If cell phones are
distributed by ITP for use in service instead of radios, then the phones will
only be used for service related issues. In addition to the above, it is the
contractor’s responsibility to make sure vehicle operators follow any state
and/or local laws governing the use of cell phones, whether hand-held or
hands-free for talking or for texting.
2.9.13 EMPLOYEE REMOVAL
ITP reserves the right to require the Contractor to immediately remove an
employee from ITP services, if, in its sole opinion the employee is
performing in a way that is unsatisfactory. Reasons for which ITP might
request that an employee be removed include, but are not limited to:
(1) Actions or performance which is illegal, unsafe, inappropriate
or not in keeping with reasonable expectations for the employee’s
assigned position or duties.
(2) Failure to meet or maintain minimum standards established
for the employee’s assigned duties. For example: revocation or
non-renewal of a valid Michigan driver’s license; failure to notify the
contractor of an arrest or conviction of a criminal offense or a
driving while intoxicated or under the influence (DWI or DUI) charge
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before the end for the business day (5:00 p.m.) following the day
the employee receives notice of such action.
(3) Distributing any unauthorized materials while performing
services under this Contract.
(4) Soliciting a gratuity from a passenger.
(5) Incurring excessive customer complaints due to discourtesy,
rudeness, cell phone usage, use of profanity or any other act
deemed unacceptable, as demonstrated by three or more
complaints of the same nature within a twelve month rolling period.
(6) Repeated failure to adhere to program policies, rules or
procedures.
(7) Failure to pass or refusal to take a drug or alcohol screen
conducted in accordance with FTA drug and alcohol testing
requirements.
2.10 FACILITIES, VEHICLES, AND EQUIPMENT
Contractors will be responsible for providing and maintaining all facilities and
equipment, and supplying all materials needed for the provision of service, as
further described below. Contractors will be responsible for fuel purchasing for
the vehicles. The current fleet consists of 34 propane vehicles and 33 gas
vehicles. All replacement vehicles will be propane.
2.10.1 UNAUTHORIZED USE
No Contractor personnel shall take or make unauthorized use of any of
the ITP properties, buildings, equipment or materials. The removal of any
property of ITP or unauthorized use of the ITP properties, buildings,
equipment or materials shall be considered as theft by ITP and ITP shall
have the right to, without prior written notice to the Contractor, pursue
any remedies at law or inequity. The ITP shall retain the right to withhold
from payment any expenses incurred as a result of the Contractor’s
removal of any of the ITP property that is considered theft by ITP.
2.10.2 FACILITIES
A facility will be required with sufficient space to house the personnel and
equipment needed to carry out the required services, including
computer, telephone and radio communications, dispatching, and
general office support functions. Facility and all related equipment must
be maintained in accordance with manufacturer recommended
maintenance procedures. This equipment must include a generator
capable of supplying all necessary computer and radio power in the
event of a power outage. Generator must be maintained and tested
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weekly. Communication with vehicle operators and ITP staff may not be
interrupted for more than a minimum amount of time (less than 30
minutes). In addition, space for vehicle storage and maintenance (if
performed directly by the contractor) are to be provided by the
contractor. Facility and all ITP property must be secured (inside locked
facility or behind locked gates). Facility condition and maintenance
records are subject to review by ITP.
ITP has the right to inspect contractor facility(ies) at any time.
2.10.3 VEHICLES
ITP intends to provide all the vehicles needed in the provision of service for
all services. Any usage of ITP vehicles for transportation of non-ITP clients is
prohibited. All maintenance and fueling is the responsibility of the
contractor. A list of vehicles and the replacement schedule is attached.
(Exhibit 5)
2.10.4 BODY AND INTERIOR CONDITION
Vehicle exteriors and interiors must be in sound condition, as evidenced
by, but not limited to, no major dents or body damage, paint in good
condition, no broken or cracked windows, no torn or cracked seats
and/or floor coverings, all door and window latches, locks, lighting,
placards, signage, and handles intact and operable. All original
equipment must be maintain and functioning. Paint scratches must be
touched up. Body damage and rust must be repaired. Wheels, rims,
hubcaps and lug nuts must have a clean and debris/rust free
appearance.
2.10.5 SEATS/SAFETY BELTS
Forward-facing bench or individual seats are to be provided for all
ambulatory passengers. A safety belt for each passenger is required
(including belts for large individuals), and use of safety belts by passengers
is mandatory. All wheelchair tie-down devices must be clean, kept in
working order, be kept off the floor when not in use and remain with the
vehicle at all times.
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2.10.6 HEATING/AIR-CONDITIONING
Vehicle heating and air conditioning (A/C) systems must be designed and
maintained to provide for passenger comfort under all climatic
conditions. Heated and cooled air must be evenly distributed in the
vehicle interior. Air conditioning will be required on all vehicles, and must
be operable at all times. All HVAC systems (including supplemental
heating equipment), must be kept in working order at all times.
2.10.7 OTHER EQUIPMENT
All vehicles must have the following equipment maintained in good
working order:
1. Fully adjustable exterior mirrors on both sides.
2. Interior dome light.
3. Spare tire, jack, and lug wrench.
a. In lieu of #3 prompt service call by a proper road
service vehicle
4. Portable “ABC” fire extinguisher.
5. Flares and/or triangle reflectors.
6. Fifteen-count first aid kit.
7. Blood borne pathogen kit
Any other equipment not listed above necessary to provide service to ITP
passengers is required to be maintained in good working order by the
contractor. “Good working order” is determined by ITP and the
contractor.
2.10.8 Surveillance Cameras
In FY 2017, ITP will be publishing an RFP for surveillance cameras for the
interior and exterior of all paratransit vehicles. Once the camera system is
chosen and installed, instructions on contractor and ITP responsibilities will
be provided.
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2.10.9 Signage
No signs or advertising material will be permitted on or in vehicles while in
service without the prior approval of ITP. “No Smoking” signs are required.
All ADA signs and placards, signs indicating seat belt use as required, or
instructions on emergency procedures must all be maintained as originally
equipped.
2.10.10 Maintenance of Vehicles
All vehicles used in service will be maintained at a minimum according to
the standards and specifications set by the manufacturer; plus whatever
additional preventive maintenance procedures are established by FTA,
ITP and/or the contractor.
Contractor is responsible for providing the ITP with maintenance
procedures (inspection forms and schedules) for approval by ITP
Maintenance Manager.
ITP has the right to inspect all vehicles, records and procedures at any
time.
Daily Vehicle Inspection (DVI) forms and driver reported defects must be
kept with vehicle maintenance records. Contractor must document all
driver reported defects and body damage on a work order. Work order
should include a “Complaint, cause and correction” for each noted
defect whether driver reported or noted on routine maintenance
inspection.
Vehicle repairs cannot be made using used parts or parts and
components removed from other ITP vehicles without written approval by
ITP Maintenance Manager. ITP owned vehicles must be kept in the
condition in which they were turned over to contractor.
Any inoperable safety and/or security equipment on the vehicles must be
reported to the ITP Special Services Manager or ITP Fleet Maintenance
Manager immediately. All vehicles will have an annual audit/compliance
inspection. The vehicle and all associated maintenance records will be
delivered to ITP upon request. The contractor will be notified which
vehicle to provide for the audit review in advance.
A qualified technician, employed by ITP will:
Visually inspect the vehicle
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Review all maintenance records for the vehicle
Confirm that all scheduled periodic maintenance had been
accomplished in accordance with FTA guidelines and/or the
contract.
Confirm that all parts and components on the vehicle are OEM or
an acceptable equivalent.
All defects will be noted on the audit forms. Any defects will be
repaired by the contractor per FTA guidelines and/or outlines within
the contract.
Confirm that daily vehicle inspections (DVI) have been
accomplished.
Review driver noted defects and assure that they were addressed.
Upon completion of the review, a compliance form will be included
for the vehicle and be delivered with the vehicle or via email. The
contractor will complete repairs in a timely manner and email the
Special Service Manager and ITP Fleet Maintenance manager
when repairs are complete. ITP reserves the right to re-inspect any
vehicle previously audited for repair compliance.
2.10.11 VEHICLE CLEANING
All vehicles used in ITP service must be kept clean, and free of dirt, debris
and graffiti. Vehicle should be cleaned on a regular schedule. At a
minimum, contractors will:
1. Wash vehicle exterior as necessary to keep a dirt free exterior
appearance (daily if necessary).
2. Sweep and/or vacuum vehicle interior, trash emptied, dusted and
spot-mopped daily.
3. Fully mopped, clean interior windows and driver’s area not less than
once per week.
4. Fully cleaned and sanitized at least once monthly and when
needed with a hypoallergenic cleaner, including driver’s area,
dashboard, windows, ceilings, walls, seats, securement belts and
equipment and all other interior areas.
5. Assure that all windows of vehicles stored outside are cleared of
frost, ice, and/or snow prior to operation. For such vehicles, any
accumulation of ice and/or snow is also to be cleared from the
vehicle exterior, steps, and running boards prior to service.
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2.10.12 COMMUNICATION SYSTEM
ITP intends to provide all of the vehicles for this service and along with the
vehicle will be closed mic equipment, Mobile Data Terminals (MDT), GPS
and Automated Vehicle Locator (AVL) devices. Vehicle operators will be
required to maintain contact with their dispatchers at all times when
operating ITP service. Contractor is responsible for maintaining all
provided equipment to the satisfaction of the ITP. Damage or loss of
equipment is subject to reimbursement of all cost associated with repair or
replacement. Installation or removal of equipment must be approved by
ITP Fleet Maintenance Manager.
2.10.13 Body Damage
Vehicle body damage greater than $500.00 must be reported to ITP
Manager of Special Services. All frame damage or “severe” damage
rendering the vehicle out of service for more than 30 days must be
reported to ITP Manager of Special Services and ITP Fleet Maintenance
Manager. All damage greater than 70% of the value (at time of
occurrence) must be reviewed by ITP Manager of Special Service and ITP
Fleet Maintenance Manager for “total loss” determination on repair or
replacement. Contractor is responsible for reimbursement of vehicle
value if vehicle is determined to be a “total loss”. Vehicle value at the
time of loss is determined by ITP depreciation schedule. Refer to Section
2.30 INSURANCE.
2.10.14 Out of Service vehicles
Vehicles turned over to the ITP at the end of useful life must be returned in
a condition to maximize vehicle value. Any mechanical defects, body
damage, missing components affecting the end value are subject to
chargeback and must be discussed with Manager of Special Service and
Fleet Maintenance Manager. Example; if a vehicle has a transmission
failure at the end of the normal life, the ITP will determine whether to have
the contractor repair or sell the unit with defective transmission.
2.20 Emergency Preparedness and Response
Increasingly paratransit resources are part of the transit’s emergency response
as well as the local community’s emergency preparedness plans. Emergencies
may include common or uncommon occurrences such as weather extremes,
flooding, hazardous waste spills, power outages, explosion or terroristic threats.
Provide a copy of Contractor’s proposed Emergency Preparedness and
Response Plan
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2.30 Insurance
All insurance required to be maintained or provided by the Contractor and
subcontractors shall be with companies and through policies approved by the
ITP Project Manager. The ITP Project Manager has the right to inspect in person,
prior to commencement of the work, all of the Contractor’s insurance policies in
regard to required insurance coverages. All such Insurance Companies shall
carry a Best’s rating of A+ (or equivalent) and be licensed by the State of
Michigan.
Proof that such insurance coverage exists as required above shall be furnished
to the ITP in the form of certificates of insurance within fifteen (15) calendar days
following notice of award. Renewal or replacement policies shall be furnished
fifteen (15) days prior to the expiration date or termination date of any policy
furnished in compliance with the requirements of the Contract
Contractors will be required to maintain the following insurance coverage for ITP
vehicles, or their own, at or above the minimum limits specified:
2.30.1 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY
Worker's compensation and Employers’ Liability coverage as required by
the State of Michigan.
2.30.2 COMPREHENSIVE GENERAL LIABILITY
Comprehensive general liability coverage for bodily injury and property
damage of $5,000,000 combined single limit for any one occurrence.
2.30.3 AUTOMOBILE LIABILITY
For all vehicles engaged in ITP service, coverage for bodily injury and
property damage of $5,000,000 combined single limit for any one
occurrence.
Liability policies may be arranged under individual policies for the full limits
required, or by a combination of underlying policies with the balance
provided by an umbrella liability policy. All liability insurance shall be
written on an occurrence basis.
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2.30.4 AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE
For vehicles not owned by contractor, insurance coverage shall also be
maintained for physical damage to the vehicles including comprehensive
and collision coverage equal to the cash value of the vehicles with a
maximum deductible of $500.
All insurance coverage required to be maintained or provided by the
contractor must be with insurance companies licensed and admitted by
the State of Michigan Insurance Bureau. All comprehensive general
liability and automobile liability policies must have ITP as an additional
named insured
2.40 RECORDS AND REPORTS
All contractors will be required to keep certain financial and operating records
for the services provided. This information will be used to calculate and
reconcile invoices to ITP, and to report operating statistics as required by ITP, the
Michigan Department of Transportation (MDOT) and the Federal Transit
Administration (FTA). It will be the responsibility of the contractor to record and
report information in a manner approved by ITP, and to make records available
for inspection by ITP and its approved agent at all times upon reasonable
notice.
The following are the types of information that the contractor will be required to
record and report:
2.40.1 DAILY INFORMATION
The actual time and odometer readings beginning with driver correct log-
in to MDT system. Contractor is responsible for driver’s complete and
correct entries into the MDT system. Vehicle operators are required to
mark “arrive” and “perform” functions at appropriate times and locations.
“Arrive” and “perform” pick-up and drop-off times by
passenger in MDT system.
Proper use and understanding of the “auto-arrive” function
One-way passenger trips (ambulatory, wheelchair, total)
Total cancellations
Total no-shows
Total missed trips
Vehicle miles (revenue miles, deadhead miles, total)
Accurate data in Trapeze Schedule Editor
Vehicle hours
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Accurate data in Trapeze Schedule Editor
2.40.2 SEMI-MONTHLY INFORMATION
Data to document charges for service
2.40.3 MONTHLY INFORMATION
Updated fleet listing; changes in number of vehicles available
Beginning odometer reading
o Vehicle AND Trapeze Schedule Editor
Ending odometer reading
o Vehicle AND Trapeze Schedule Editor
Total miles traveled
Anticipated or present problems which may impact service
NTD Incident/Accident Report
2.40.4 ACCIDENT/INCIDENT REPORTS
Per NTD requirements, all passenger and vehicle incidents involving
property damage or any personal injuries resulting from contractor
operation of services must be verbally reported to ITP immediately, and
verified with a complete written accident report provided to the Authority
within forty-eight (48) hours of the occurrence. The contractor is required
to follow the most recent NTD Safety and Security reporting guidelines.
See Exhibit 6 for the 2016 NTD Reporting Quick Reference Guide.
All other incidents or occurrences which happen in the course of service
operations involving passengers, odd behavior, threats, or disputes must
be documented on a written incident report provided to ITP within forty-
eight (48) hours of the occurrence.
2.40.5 VEHICLE MAINTENANCE RECORDS
Records will be required to document all preventive maintenance,
warranty and major repair work on all vehicles used in GO!Bus service in
accordance with FTA and ITP standards. ITP must be able to track
maintenance costs. In addition to these maintenance histories by vehicle,
an exceptions log will be required which will provide a daily record of any
instances of air conditioning or heater malfunction, mechanical
breakdown, or road calls on vehicles which were in operation.
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2.40.6 DRUG/ALCOHOL TESTING RECORDS
Please reference subsection 2.8.4 for a description of record-keeping
requirements.
2.40.7 NTD MAINTENANCE PERFORMANCE REPORT
Instructions
Contractor must report all failures that affect the completion of a
scheduled revenue trip or the start of the next scheduled revenue trip,
including failures during deadheading and layover as required in the most
recent NTD Annual Reporting Manual. This report is due to ITP before the
end of October following the end of the previous Fiscal Year (September
30.)
2.50 SERVICE STANDARDS
The ITP will establish all guidelines and performance standards for operation of
services, and will monitor the performance of each contractor.
2.50.1 ON TIME PERFORMANCE
On-time performance is the measure of the contractor's ability to arrive at
a reservation pick-up location as scheduled. ITP considers service to be
"on-time" when the vehicle arrives no more than ten (10) minutes prior to
the scheduled time nor more than fifteen (15) minutes after the scheduled
time for a “going” trip. Vehicle arrivals within this twenty-five (25) minute
"window" are considered "on-time." PASS service requires the vehicle to
arrive no more than ten (10) minutes prior to the scheduled time nor more
than ten (10) minutes after the scheduled time. Vehicle arrivals within this
twenty (20) minute "window" are considered "on-time."
On time performance also includes getting the passenger to the
passenger’s appointment (if scheduled with an appointment time) by the
scheduled appointment time or before. For ADA trips, the FTA requires in
its Triennial Reviews to have drop-off on-time performance standard
monitored. The current drop-off on-time standard for ADA trips with
appointment times is 94.5%.
Persons served by special transportation consistently rank on-time service
as the single most important aspect of service quality. ITP thus expects
contractors to schedule and operate their vehicles to achieve a high level
of on-time performance.
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On time performance standards are reviewed by the ITP board annually
and adjusted accordingly (in January). Currently, it is expected that a
minimum of ninety-four and a half percent (94.5%) of all one-way trips
during any month will be picked up and dropped off on-time. The
calculation of on-time performance will exclude trips that are more than
10 (ten) minutes early as long as the vehicle operator follows procedures
outlined in Sections 2.8.5 and 2.50.3. Will-call return trips from medical
appointments will be excluded from the calculations of on-time
performance.
2.50.2 RIDE TIME
Ride time is the period a passenger spends onboard the vehicle; the
elapsed time between pick-up and drop-off. The ADA requires that most
trips be scheduled to last no longer than the actual time the same trip
would take on the fixed route bus (including walking to the bus stop and
waiting for the bus.) It is expected that ninety-four and a half percent
(94.5%) of all one-way ADA passenger trips during any month will be
completed within the ADA guidelines.
2.50.3 WAIT TIME
Vehicle operators will be required to wait up to five minutes or until the
scheduled pick-up time for a passenger unless it is confirmed that the
passenger will not be ready. If the passenger is not visible to the driver,
the driver must make a reasonable attempt to contact a GO!Bus
passenger before moving on. Such efforts will include radio
communication with the dispatcher and checking at the residence or
building entrance. The five-minute waiting period will end no sooner than
the scheduled pick-up time. For PASS and County Connection services,
the driver will verify being at the correct location before moving on. In all
cases, dispatch will be notified of the impending no show. Dispatch
approval is required before driver can move on.
2.50.4 MISSED TRIPS
Contractors are expected to complete a minimum of one hundred
percent (100%) of all trips scheduled and accepted. Trip completion is
defined as a vehicle arriving to pick up a passenger no more than fifteen
(15) minutes after the scheduled time and getting the passenger to
his/her appointment on time. In cases where the passenger was ready
and available to travel, and the vehicle was not present within the time
specified, the trip is considered "missed."
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2.60 LIQUIDATED DAMAGES
For performance not delivered in accordance with the contract, ITP will incur
additional expense, loss of confidence by system users, bad publicity for the
program and other damages to ITP and the program. System performance
outside of performance norms causes passengers to file complaints and make
multiple calls to ensure that trips are properly booked. For this reason,
Liquidated Damages will be assessed against contractor for the below specified
violations:
Number of late trips below the 95% OTP (more than 15 minutes after scheduled pick
up time) $45 per occurrence
Number of missed trips below the 95% standard (failure to pick up when more than 15
mins late) $60 per occurrence
2.70 SUBCONTRACTING
Subcontracting to other corporations, partnerships, or individuals for the actual
provision (pick-up, delivery, and drop-off) of special transportation service to be
performed under contracts awarded as a result of this RFP will not be allowed,
except with prior written approval of ITP.
2.80 SYSTEM COMPUTERIZATION
ITP provides computer hardware and software for use by ITP and its contractors
in providing customer service.
Reduce time needed to receive and process individual trip requests.
Speed and improve the scheduling of individual trip requests to contract
carriers, maximizing vehicle productivity and minimizing service cost within
established service standards.
Provide assistance to contractors in the scheduling of individual trip
requests to routes.
Provide for direct electronic information transfer between ITP and
contractors.
Streamline system operations/financial reports and invoice processing.
Enhance information database on registered users.
Provide more timely and comprehensive management information.
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Principal office hardware components include:
Desktop computers, monitors, printers and phone system at the ITP Special
Services office
Two or more desk top computers with two monitors each and one printer
at the office of each contract carrier
Two or more phones and phone system monitoring.
Secured communication lines between ITP and its contractors and
dedicated phone lines.
System software is being provided by Trapeze, a national firm in computer
applications for special transportation. The software module that has been
installed is Trapeze PASS (currently on version 14) software which includes a
client master file, trip request file, address equivalency file, schedule assists, trip
capacity matrix, automatic geocoding, vehicle file, and management reports.
Trapeze MON and Trapeze COM are also used. MDT and AVL equipment and
software is provided by Avail Technologies and includes GPS capabilities as well
as trip data recording based on vehicle operator input.
ITP will furnish and install at each contractor’s facility, the following computer-
related hardware as part of this integrated system:
Two or more desktop computers with two monitors per computer
One printer
ITP will provide necessary communications equipment in a secured area
Two uninterruptable power supplies.
Contractor must supply appropriate desks for computers and cabling from
telecom room for computers and phones.
Contractor must supply emergency generator for their facility to ensure uptime.
Further, ITP will lease dedicated telephone lines for system operation, at ITP’s
expense. Use of the equipment provided will be limited exclusively to the
performance of ITP services and related functions. Participation in, and use of,
the system will be required for all contractors.
ITP has installed Mobile Data Terminals (MDTs) in all vehicles along with the
attending software and hardware necessary to utilize the MDTs to the fullest
extent. Paratransit vehicle radio contact with dispatch is a closed mic system.
ITP will provide training for a reasonable number of contractor employees in the
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use of the system. It will be the responsibility of the contractor to make sure all
employees using the system are trained to proficiency before operating a
vehicle or dispatching.
2.90 SYSTEM TELEPHONE
ITP will furnish telephone lines and telephones for each selected contractor for
the purpose of communication between ITP, the contractor and ITP riders.
Contractor must supply appropriate desks for phones and cabling from telecom
room for computers and for phones The contractor is expected to furnish trained
staff to answer telephones before and after ITP office hours. ITP office hours are
Monday through Friday from 6:30 a.m. until 5:00 p.m. and Saturday and Sunday
from 8:30 a.m. until 4:30 p.m. This requirement extends through the time until the
last daily passenger is delivered.
Contractor may receive early morning or late evening requests for cancellation
in reservations directly from passengers, when the ITP office is closed.
Contractor shall service such calls without additional compensation from ITP. All
contractor employees who will be answering the phones will be trained to
proficiency in customer service and ITP policies about the services for which they
are answering the phone. Contractor will have a supervisor available (either in
person, by phone or other means of direct communication) during all hours
service is on the road. Service issues that occur before or after ITP office hours
should be directed to the contractor supervisor in charge. Contractor staff
answering the phone during these times must have clear instructions on who to
call and how to handle situations that may arise during service hours when ITP
staff is not available. In all such cases, ITP Manager of Special Services must be
notified with an incident report as soon as practical and with necessary follow-
up, such as more detailed information and resolution, within 24 hours of such
service issue.
2.90.1 USE OF MULTIPLE CONTRACTORS
It is the intent of ITP to award the contract for– ADA/PASS, County Connection
and RIdeLink to one provider, however, ITP may elect to utilize one or more
contractors in meeting the service delivery needs of the overall ITP Special
Services program. Upon receipt and evaluation of proposals, ITP staff will
apportion the contract award and ITP supplied vehicles among the successful
proposers as specified in Section 4: Evaluation of Proposals.
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SECTION 3: CONTENT OF PROPOSAL
Proposing firms/organizations shall include the following information, at a
minimum, in their proposals. PROPOSALS MUST BE PRESENTED IN BINDER FORMAT
AND TABBED AND LABELED AS FOLLOWS:
3.1 COVER LETTER
The proposal must include a cover letter which identifies the proposing
firm/organization, mailing address, contact person and telephone number. The
cover letter must acknowledge the receipt of all addenda issued to this RFP,
and be signed by the individual who is authorized to negotiate and execute a
contract on behalf of the proposing firm/organization.
3.2 CERTIFICATION
The following items must be completed and submitted as a part of the proposal.
Certification of Primary Contractor Regarding Debarment, Suspension,
and Other Responsibility Matters (see Attachment 5).
Certification of Lower-Tier Participants (Subcontractors) (see Attachment
4).
Certification of Restrictions on Lobbying (see Attachment 3)
DBE Certification (See Attachment 2)
Information on any Disadvantaged Business Enterprise (DBE) participation shall
be submitted. ITP has established a DBE participation policy statement and
goals for performance of this project. Specific information regarding the policy
and goals is provided in Section 5: Instructions to Bidders. At a minimum, DBE
information shall include:
A description of any DBE firm (s) and the work they will perform.
Evidence of the firm's DBE certification.
Estimated value of services to be performed and/or materials to be
provided by DBE firms(s) under the proposal.
Estimated value of services to be performed and/or materials to be
provided by DBE firm(s) under the proposal.
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3.3 PERFORMANCE BOND
At the time of contract execution, Proposer shall deliver to ITP a performance
bond or Letter of Credit in the amount of $125,000. The bond shall be issued by
a firm licensed to do business in the State of Michigan. The performance
bond/letter of credit shall be solely for the protection of the ITP (and not third
parties). If Proposer fails to deliver the required performance bond or letter of
credit, no contract will be awarded to Proposer.
3.4 QUALIFICATIONS OF THE FIRM/ORGANIZAION
3.4.1 Firm/organization background
Each proposer must provide a narrative description of its organization/firm
including its legal status (including state of incorporation or organization),
authority and/or licenses to operate. If not currently registered to operate
in the State of Michigan, proposer shall indicate its intent to obtain said
registration. The description shall outline the major business functions,
history, and organizational structure of the organization including location
of organization headquarters and major offices, management
organization with names and locations and an organization chart showing
the proposed hierarchy of management organization over the Grand
Rapids operation.
3.4.2 Financial qualifications
Proposer must demonstrate that it has the financial resources and a history
of financial stability sufficient to operate this project. Proposer shall
demonstrate though its financial statements, supplemented if necessary
by evidence of credit line or other resources that it has sufficient financial
capacity to operate the project for at least forty–five (45) days without
receipt of payments from ITP. Proposer shall submit its most recent
audited annual financial statement (including an income statement and
balance sheet) supplemented by unaudited statements to the end of the
most recent financial quarter.
3.4.3 Past experience
The proposer should describe its past and current experience in the
provision of demand-responsive transportation service, or related types of
transportation services such as: fixed route, taxi, school services, non-
emergency wheelchair transportation, emergency medical, and charter
bus operations. Particular focus should be given to experience of
proposer in the operation of demand responsive paratransit services
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meeting the requirements of the Americans with Disabilities Act (ADA) and
services to the elderly.
In describing each element of its experience, the proposer shall in brief
narrative form provide the following information for at least three
agencies:
Name, address and contact phone number of entity for whom
service was provided
Type of service—i.e. ADA, fixed route etc.
Numbers and types of vehicles
Proposer’s responsibilities—i.e. vehicle operations only, operations
and maintenance, and /or other service responsibilities
scheduling/dispatching techniques and responsibilities
other relevant information as determined by the proposer
3.5 STAFFING PLAN
The proposer shall submit a staffing plan detailing the positions, number of
employees in each position, position qualifications, compensation package (by
position, including benefits) of the organization it will establish for the operation
of the service to be acquired under this request for proposals. In addition,
proposer will detail how it proposes to locate and hire the individuals to fill each
of its positions, and its program for retaining employees with specific emphasis
on programs to reduce turnover in driver dispatcher and mechanic positions.
3.5.1 Local manager in charge
Specifically identify, by name, and describe the experience and
qualifications of, the most senior individual on site who will have local
management responsibility for the project. Provide through resume or
other means an overview of the person’s qualifications including former
duties, length of time in each previous assignment, previous employers
and educational background.
3.5.2 Other management personnel
Identify, (preferably by name and resume, if not, by description of
experience and qualifications) all other persons or positions having local
supervisory responsibility in the provision of service to be provided under
this request for proposals.
3.5.3 Dispatchers, Vehicle operators and Mechanics
Provide the required staffing plan information for dispatchers, vehicle
operators and mechanics to be assigned to operation of the project. If
proposer intends to use part time workers to perform a portion of the work,
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identify the positions that will use part time workers, and for each position,
the division of work between part time and full time workers.
Proposers are to describe how employee illness, vacations, and other
absences will be accommodated to assure there is no disruption of
service. ITP has no minimum requirements for back-up vehicle operators.
Large numbers of employee call-offs in a single day have a negative
impact on service. It is up to the contractor to maintain on-time
performance standards and cause no major violations such as excessive
on-board times.
3.6 TRAINING PLAN
Efficient, courteous operation of paratransit services requires properly
trained workers in each position. Proposer shall submit the training
program it will use to insure that the employees in each of its positions are
properly trained in the performance of their duties, together with its
proposed training schedule and training content. In addition, proposer
shall address refresher training, frequency and content, and how
employees entering positions due to turnover will be properly trained.
3.7 DRUG/ALCOHOL TESTING
The service to be provided under this Request for Proposal is funded in part with
federal funds. Accordingly, the federal drug and alcohol testing requirements
apply. Proposer shall describe how it will comply with the drug and alcohol
testing requirements, including employees to be covered, when and how
testing will be conducted and actions which are to be taken in the event an
employee tests positive for one or more covered substances. Proposer shall
identify the testing facility, Medical Review Officer and Substance Abuse
Counselor it will use in fulfilling the drug and alcohol testing requirements.
3.8 OPERATING FACILITY
Proposer shall be responsible for locating, equipping and operating a facility
from which to dispatch the service, maintain and store the vehicles (indoor
storage is preferred) and train and administer its driver forces. The following
information is to be provided regarding the proposer's facility. If office, dispatch,
maintenance, and/or vehicle storage are to be at different locations, each
should be described separately.
1. Address
2. Square footage (approximate)
Office/dispatch
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Maintenance
3. Vehicle storage area (size capacity and description)
4. Maintenance equipment, including lifts and spare parts storage
5. Security
3.9 RADIO SYSTEM/COMMUNICATION SYSTEM
The ITP will provide vehicles with MDT’s and radios. If the Proposer wishes to
provide its own radio equipment, it shall describe the radio system proposed to
meet the requirements set forth in the scope of work. Radio communications
equipment should be briefly described including the location of base station,
antenna location(s), transmitter power, system capacity, estimated range, and
frequency.
3.10 VEHICLE MAINTENANCE PROGRAM
The vehicles required for operation of this service will be supplied by ITP.
Accordingly, as a provider of capital equipment, ITP must be comfortable that
the vehicles will be properly and fully maintained. Proposer’s maintenance
program must meet or exceed FTA requirements and the manufacturer’s
recommended service for the vehicles under rugged duty conditions. Proposer
shall describe its preventive maintenance (PM) and repair program, including
the following:
How and where maintenance/repair work is to be carried out (in-house
vs. subcontracted or outside services).
PM program detail, including inspection/service intervals.
Program for maintenance of vehicle accessories, including lifts and radio
equipment
3.11 IMPLEMENTATION PLAN
Proposer must submit a plan for implementation of the service, including a
schedule identifying implementation activities and the time frame for
accomplishing each. Contract Notice to Proceed is planned for April 28, 2017,
with service to begin on October 1, 2017. The implementation plan must list the
expected start and completion dates for key activities such as hiring and
training of personnel, acquisition of facilities and equipment and relocation, if
necessary, of key personnel to Grand Rapids.
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3.12 COST PROPOSAL
ITP intends to pay for service provided in response to this Request for Proposals
on a per hour basis. For GO!Bus(paratransit),PASS, RideLink and ACSET County
Connections, billable hours are defined as hours from first pick-up to last drop-
off, less any breaks in service which equal or exceed one (1) hour. County
Connection overnight service (midnight through 6:00 a.m.) must be bid on a per
trip basis.
ITP would like an optional per hour price submitted which excludes the cost of
fuel.
Proposer must complete and submit a cost proposal on the form provided and
submit it in a separately sealed envelope marked: Cost Proposal.
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COST PROPOSAL FORM FOR
PROVISION OF
GO!BUS ADA SERVICE
PASS and/or Other SERVICES – PROJECT 2017-06
SUBMITTED BY:
Operation and maintenance of vehicles supplied by ITP in GO!Bus services as
specified in the Request for Proposals and offeror’s Technical Proposal:
COST INCLUDING FUEL
Basis for payment Amount
GO!Bus, PASS,
and/or Other
Year 1 Year 2 Year 3 Year 4 Year 5
Cost per revenue
Hour
OPTION REQUESTED: COST EXCLUDING FUEL
Basis for payment Amount
GO!Bus, PASS,
and/or Other
Year 1 Year 2 Year 3 Year 4 Year 5
Cost per revenue
Hour
The undersigned authorized representative of offeror agrees, that, if awarded
the contract, the offeror will perform the work as specified in the RFP, offeror’s
proposal, this cost proposal and the contract documents.
Signature
(typed name and title) Date
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SECTION 4: EVALUATION OF PROPOSALS
Proposals will be evaluated using the process and criteria described below. A
two phase evaluation will be completed, wherein proposals will be evaluated as
to their responsiveness to the requirements of Section 2: Scope of Work and
Section 3: Content of Proposals. Proposals which are incomplete and/or which
fail to demonstrate adequate qualifications may be deemed non-responsive
and will not be considered further.
Responsive and qualified proposers will be further evaluated on the basis of
capabilities and proposed costs as the second phase of the evaluation.
4.1. PROPOSAL EVALUATION
The proposals will be evaluated with regard to the following factors. They are
presented in their relative order of importance by section. No points will be
awarded for the certifications but failure to sign and return the certifications
could lead to disqualification.
Capability and experience of the firm in operating demand
response transportation services, particularly ADA services
(qualifications).
Capability and experience of personnel to be assigned to the
project in operating demand response transportation services,
particularly ADA services.
Adequacy and quality of proposer’s staffing, implementation,
training and employee retention plans.
Adequacy of financial, managerial, and technical resources
to successfully carry out the required services and meet
required service standards.
Cost Proposal (lowest overall price for all services)
Adequacy and quality of proposer’s Vehicle Maintenance
Program
Adequacy of proposed facilities and equipment
Adequacy of proposer’s response to all other requirements,
terms, and conditions of this Request For Proposal.
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SECTION 5: INSTRUCTIONS TO BIDDERS
5.1 FUNDING
This Project will be funded, in part, with the assistance of grants from the Federal
Government under the Federal Transit Act and the Michigan Department of
Transportation (MDOT). The successful bidder will be required to comply with all
terms and conditions prescribed for third party contracts in grant contracts
between the United States of America and ITP, and between MDOT and ITP.
These grant contracts are available for examination by prospective bidders in
the ITP offices.
5.2 PROJECT BUDGET
The budget for this Project will be funded through financial assistance grants
from the Federal Transit Administration (FTA) and Michigan Department of
Transportation (MDOT). The total Project budget will be determined by the final
negotiated price between ITP and the successful bidder.
5.3 PRE-PROPOSAL CONFERENCE
A non-mandatory Pre-Proposal Conference will be held for all interested bidders
on Wednesday, February 15, 2017 at 1:00 p.m., local time at the ITP
Administrative Offices. ITP reserves the right to postpone answers to any
questions raised at this meeting until a later date. Any oral explanations
provided by ITP during this meeting will not be binding upon ITP until they are
reduced to a written form by ITP and given to all interested bidders. Bidders
seeking a written response by ITP to their questions at the Pre-Proposal
Conference are requested to submit their questions in writing to ITP in advance.
ITP will make every effort available to respond at the Pre-Proposal Conference.
Attendance at the Conference is not mandatory, but is encouraged by ITP.
5.4 TYPE OF CONTRACT
The Contract for this Project shall be a firm fixed price type.
5.5 APPROVED EQUALS AND DEVIATIONS
All Proposals must be in strict compliance with the requirements and provisions
of these specifications, including the provisions herein regarding "approvals",
"approved equals", and "deviations". Where a feature, component or item is
specified by brand name in these specifications, the words "or approved equal"
will apply. Where the approval of ITP is specifically required by these
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specifications in connection with a particular feature, or if the bidder proposes to
submit a proposal containing "approved equals" or "deviations" from specific
requirements of these specifications, the bidder must obtain such approval,
confirmed in writing, prior to the date for the receipt of proposals. With respect
to "approved equals" or "deviations", the details of same and the reasons and
justifications therefore must be submitted to ITP, including a statement whether
the bidder has previously furnished or offered to furnish the item in question, is
herein specified. Proposals may be submitted containing such "approvals",
"approved equals", or "deviations", as are specifically approved by ITP,
confirmed in writing, prior to the date for receipt of proposals. Each proposal
must be accompanied by documentation regarding any such approvals
granted by ITP for the proposal. Notice of any such approvals required by
and/or granted to a bidder shall be furnished by ITP to other prospective bidders
prior to the date for receipt of proposals. Any unapproved deviations,
exceptions, substitutions, alternates, or conditional qualifications contained in a
proposal may be cause for its rejection. The decision of ITP, as represented by
the Executive Director, shall be final with respect to whether any proposed
deviations from the specifications are acceptable. It should be understood that
specifying a brand name, components, and/or equipment in this specification
shall not relieve the supplier from his responsibility to produce the product in
accordance with the performance warranty and contractual requirements. The
supplier is responsible for notifying ITP of any inappropriate brand name,
component, and/or equipment that may be called for in the specifications, and
to propose a suitable substitute for consideration.
5.6 PROTEST PROCEDURES
The following terms, conditions and appeal procedures will apply:
(a) ITP reserves the right to postpone the bid opening or receipt of proposals for
its own convenience.
(b) Changes to the specifications will be made by addendum only.
(c) Prime Contractors and subcontractors may make appointments to discuss
the Project specifications. This, however, does not relieve them from the
written documented requests required by paragraphs (d) and (f), following.
(d) Requests for approved equals, clarification of specifications, and protest of
specifications must be received by ITP in writing not less than nine (9)
working days before the date of the scheduled bid opening or closing date
for receipt of proposals. Any request for an approved equal or protest of
the specifications must be fully supported with technical data, test results or
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other pertinent information as evidence that the substitute offered is equal
to or better than the specification requirement.
(e) ITP's replies to requests under paragraph (d) above will be postmarked at
least four (4) working days before the date scheduled for the bid opening
or receipt of proposal.
(f) A protest by any adversely affected person regarding restrictive
specifications or alleged improprieties in the solicitation must be made in
writing and received by the ITP Purchasing Manager two (2) working days
before the date scheduled for bid opening or receipt of proposal. The
formal written protest shall state the name of the protester, a description of
the Project, and the facts and law upon which the protest is based, and a
statement as to what relief is requested.
(g) Upon receipt of a protest, ITP shall immediately determine if the date for the
bid opening or closing date for receipt of proposals should be postponed.
If the bid opening or closing date is postponed, ITP will contact all
Contractors and subcontractors who were furnished a copy of the
specifications by ITP that an appeal has been filed and that the bid
opening or receipt of proposals is postponed until a decision has been
issued. Notice of the postponement will be made in writing by addendum.
(h) Representatives of ITP and the protester shall meet within twenty-four (24)
hours after receipt of the protest or at such a time as mutually agreed, to
discuss all substantive issues raised in the protest. Upon completion of
discussion between ITP and the protester, the ITP Executive Director will
transmit a final decision in writing to the protester within five (5) working
days. The final decision will respond to each substantive issue raised in the
protest. If the written decision cannot be issued within this time period, the
protester will be notified in writing of the time extension. Upon issuance of
the written decision, ITP will then issue appropriate addendum to
reschedule the date for the bid opening or closing date for the receipt of
proposal.
(i) Protests by any adversely affected person for reasons other than for
restrictive specifications or alleged improprieties in the solicitation must be
made in writing and received by the ITP Purchasing Manager not more
than three (3) working days after the posting of the Notice of Award is
made to the participating bidders. Upon receipt of a protest after Contract
award, ITP shall immediately determine if work on the protested Project
should be suspended until such time as the protest is resolved.
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(j) Representatives of ITP and the protester shall meet within twenty-four (24)
hours after receipt of the protest or at such time as mutually agreed to by
both parties to discuss the protest. Upon completion of discussions
between ITP representatives and the protester, ITP will issue a written
decision to the protester within five (5) working days. If the written decision
cannot be issued within this time period. the protester will be notified in
writing of the time extension.
(k) Except as noted in paragraph (l), ITP will not open bids, receive proposals or
award a contract if a formal written protest has been received and no final
decision has been issued by the ITP Executive Director. After the issuance of
a final decision, ITP will wait a minimum of five (5) working days before
opening bids or proposals or before awarding a Contract for a Project.
(l) ITP may open bids, receive proposals and award a Contract for a Project
while a protest is pending final disposition when the ITP Executive Director
determines that:
* The items to be procured are urgently required;
* Delivery or performance will be unduly delayed by
failure to make an award promptly; or,
* Failure to make prompt award will otherwise cause
undue harm to ITP or the Federal Government.
(m) Protester may request a reconsideration after a final decision has been
issued by the ITP Executive Director within five (5) working days after the
issuance of a final decision if new data or information becomes available
that was not previously known, or there has been an error of law or
regulation.
(n) The provisions of Chapter V of FTA Circular 4220.1B (5/5/88), are hereby
incorporated and made part of the rules of ITP. Protests to the FTA by a
protester must be made in accordance with FTA Circular 4220.1B. FTA will
only consider a protest that alleges failure of ITP to have a written protest
procedure or failure to follow such procedure. Alleged violations of a
specific Federal requirement that provides an applicable complaint
procedure shall be submitted and processed in accordance with that
Federal regulation.
(o) Any appeal or protest may be withdrawn at any time.
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5.7 SUBMISSION OF PROPOSALS
Sealed proposals will be accepted until Monday, March 13, 2017, 2:00 p.m.,
local time. They shall be submitted to:
Judy DeVries-Eppinga
Senior Procurement Specialist
Interurban Transit Partnership
300 Ellsworth Ave., S.W.
Grand Rapids, MI 49503
Proposals submitted to ITP shall include one (1) original and four (4) copies and
one (1) digital copy.
5.8 SEALED PROPOSAL LABEL
The bidder should complete the enclosed "Sealed Proposal" label and attached
it to the envelope containing the bid or proposal. ITP assumes no responsibility
for the premature opening of sealed bids or proposals which do not have this
label attached to the outside of the envelope. If no label is available, clearly
mark on the exterior of the envelope, “Special Services Proposal Project 2017-
06”.
5.9 MAILING BIDS/PROPOSALS
Bids or proposals submitted by mail shall be mailed a minimum of three (3) days
prior to the bid opening date or date scheduled for receipt of proposals. A
postmark by the U.S. Postal Service or other mail delivery service is required.
Postage meter dates are not acceptable. Bids or proposals which are not
mailed in a timely manner and received after the scheduled bid opening or
proposal submittal date will not be accepted.
5.10 DURATION OF OFFER
All bids or proposals shall remain in effect for a minimum of 60 days from the bid
opening date or scheduled date for receipt of proposals. Offers that allow less
than 60 days for acceptance by ITP will be considered non-responsive and will
be rejected.
5.11 PROPOSAL PRICE
(a) Proposal prices shall be submitted in the prescribed form. Prices submitted
in any other form may be considered non-responsive and may be rejected.
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(b) Proposal prices shall be based on F.O.B. ITP, Grand Rapids, Michigan.
(c) The price stated in any proposal submitted shall include all items of labor,
materials, equipment, tools and other costs necessary to fully complete and
deliver this Project pursuant to the specifications. It is the intention of these
specifications to provide and require a complete Project of the type
prescribed. Any item or items omitted from such specifications which are
clearly necessary for the completion of such Project and its appurtenances
shall be considered a portion of such Project although not directly specified
or called for in these specifications.
5.12 TAX EXEMPTION
ITP is exempt from payment of all Federal, State, and local taxes in connection
with this Project. Said taxes shall not be included in the bid or proposal prices.
ITP will provide necessary tax exemption certificates. This provision does not
relieve the Contractor from the responsibility to pay all applicable taxes for
goods, services, and labor acquired in the performance of this Project.
5.13 PAYMENT TERMS
ITP will make payment within thirty (30) days after delivery and final acceptance
of the project. The Contractor may submit invoices to ITP prior to or upon
delivery. Payment will not be made without an invoice.
5.14 LATE PROPOSALS OR WITHDRAWAL OF PROPOSALS
a) Any proposal received at the ITP offices designated in the solicitation after
the time specified for receipt of proposals will not be considered and will be
returned to the bidder unopened.
b) A proposal may be withdrawn in person by the bidder or their authorized
representative, provided their identity is made known and a receipt is signed
for the proposal, and only if the withdrawal is made prior to the time
specified for receipt of proposals.
5.15 DETERMINATION OF SUCCESSFUL PROPOSER
In determining the successful proposer, consideration is given to the proposer's
qualification, content of proposal, and financial proposal as described in the
evaluation criteria. The Contract award for this Project will be made to the
responsive and responsible proposer making the best and most advantageous
offer to ITP, price considered.
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5.16 BIDDER QUALIFICATIONS
In order to be eligible for award, bidders must be responsive and responsible.
(a) Responsive offers are those complying in all material aspects of the
solicitation, both as to the method and timeliness of submission and as to
the substance of the resulting Contract. Bids or proposals which do not
comply with all the terms and conditions of the solicitation may be rejected
as non-responsive.
(b) Responsible bidders are those prospective Contractors who, at a minimum,
must:
1) Have adequate financial resources, as required during performance of
the Contract.
2) Be able to comply with the required or proposed delivery or
performance schedule, taking into consideration all existing business
commitments.
3) Have a satisfactory record of past performance.
4) Have necessary technical capability to perform.
5) Provide evidence satisfactory to ITP that the bidder will comply with the
DBE requirements.
6) Certify that they are not on the U.S. Comptroller General's list of
ineligible Contractors.
7) Be qualified as a manufacturer or regular dealer of the items being
offered.
8) Be otherwise qualified and eligible to receive an award under
applicable laws and regulations.
(c) All prospective bidders may be requested to submit written evidence
verifying that they meet the minimum criteria necessary to be determined a
responsible Contractor. Refusal to provide requested information may cause
rejection of the bid or proposal.
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5.17 ACCEPTANCE OF PROPOSAL
Each proposal shall be submitted with the understanding that the acceptance
in writing by ITP of the offer to furnish any or all goods or services described
therein shall bind the bidder on his part to furnish and deliver at the proposal
price, in accordance with the conditions of said accepted proposal and
specifications.
5.18 WITHHOLDING AWARD
This solicitation for bids or proposals does not commit ITP to award a contract,
pay any costs incurred in preparation of bid or proposals in response to this
solicitation, or to procure or contract for good or services. Bidder shall be
responsible for all costs incurred as part of their participation in the pre-award
process.
5.19 PROPOSAL ACCEPTANCE, REJECTION, AND POSTPONEMENT
ITP reserves the rights to postpone, accept, or reject any and all proposals in
whole or in part, on such basis as the ITP Board deems to be in its best interest to
do so, subject to the rules and regulations set forth by the U.S. Department of
Transportation. Also, ITP reserves the right to accept an original offer or proposal
without negotiation or without calling for a "best and final" offer.
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SECTION 6: CONTRACT PROVISIONS
The following provisions will be included in the Agreement between the ITP and
the successful bidder for provision of ADA, PASS, and other demand response
services.
6.1 DURATION OF CONTRACT
This Contract shall become effective on October 1, 2017, and shall remain in
effect through September 30, 2022.
6.2 LIQUIDATED DAMAGES
Liquidated damages will be assessed by ITP against the contractor for failure to
perform in accordance with the Agreement. The conditions under which
damages will be assessed, the amount of the damages, and the basis for
determining the damage amounts are stated in Section 2, 2.14 Liquidated
Damages, page 30 of the RFP.
6.3 AGREEMENT CHANGES
Additions, deletions, or modifications to this Agreement may be made only in
accordance with a written agreement between the parties, signed on behalf of
ITP by its Executive Director, Chief Operating Officer or the Project Manager.
6.4 DISPUTES
Except as otherwise provided in the Contract, any dispute concerning a
question of fact arising under the Contract which is not disposed of by
agreement shall be decided by the ITP Project Manager who shall reduce
his/her decision to writing and mail or otherwise furnish a copy thereof to the
Contractor. The decision of the ITP Project Manager shall be final, unless
determined by a court of competent jurisdiction to have been fraudulent,
capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or
not supported by substantial evidence. In connection with any appeal
proceeding under this clause, the Contractor shall be afforded an opportunity
to be heard and to offer evidence in support of its appeal. Pending final
decision of a dispute hereunder, the Contractor shall proceed diligently with the
performance of the Contract and in accordance with ITP Project Manager's
decision.
This clause does not preclude consideration of law questions in connection with
decisions provided for in this clause, provided that nothing in this Contract shall
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be construed as making final the decision of any administrative official,
representative or board on a question of law.
6.5 INDEMNIFICATION
The contractor agrees to indemnify and hold ITP, its officers, agents employees
and/or trustees, harmless from and against any and all claims or causes of
action brought against ITP and from any and all damages, losses, expenses,
attorneys' fees, costs and liabilities sustained by ITP arising out of any defect in
the goods or services supplied by the Contractor, any improper manufacture,
design, design drawings, specifications, materials or repairs provided by the
Contractor pursuant to the Contract, any default by the Contractor under the
Contract, and any claim by a third party for patent, trademark, copyright, or
trade secret infringement.
6.6 PATENT, TRADEMARK, COPYRIGHT, AND TRADE SECRET INFRINGEMENT
The Contractor warrants that the goods and services do not infringe on any
patent, trademark, copyright or trade secret of any third parties and agrees to
defend, indemnify and hold ITP, its officers, agents, employees, trustees and its
successors and assigns, harmless from and against any and all liabilities, loss,
damage or expense, including, without limitation, court costs and reasonable
attorneys' fees, arising out of any infringement or claims of infringement of any
patent, trade name, trademark, copyright or trade secret by reason of the sale
or use of any goods or services purchased under this Contract. ITP shall
promptly notify the Contractor of any such claim. ITP makes no warranty that
the production, sale or use of goods or services under this Contract will not give
rise to any such claim and ITP shall not be liable to the Contractor for any such
claim brought against the Contractor.
6.7 COVENANT AGAINST GRATUITIES
The Contractor warrants that he or she has not offered or given gratuities (in the
form of entertainment, gifts, or otherwise) to any official or employee of ITP with
a view toward securing favorable treatment in the awarding, amending, or
evaluating performance of Contract.
6.8 ASSIGNABILITY
The terms and provisions of the Contract documents shall be binding upon ITP
and the Contractor and their respective partners, successors, heirs, executors,
administrators, assigns and legal representatives. The rights and obligations of
the Contractor under the Contract may not be transferred, assigned, sublet,
mortgaged, pledged or otherwise disposed of or encumbered in any way
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without ITP's prior written consent. The Contractor may subcontract a portion of
its obligations to other firms or parties but only after having first obtained the
written approval by ITP of the subcontractor.
ITP may assign its rights and obligations under the Contract to any successor to
the rights and functions of ITP or to any governmental agency to the extent
required by applicable laws or governmental regulations or to the extent ITP
deems necessary or advisable under the circumstances.
6.9 PRICE WARRANTY AND COMMISSIONS
The price to be paid by ITP shall be that stated in this Contract which the
Contractor warrants to be no higher than the Contractor's current prices on
orders by others for goods similar to those covered by this Contract for similar
quantities under similar conditions and methods of purchase. In the event the
Contractor breaches this warranty, the prices of the items shall be reduced to
the Contractor's current prices on orders by others, or in the alternative at ITP's
sole discretion, ITP may cancel this Contract without liability to the Contractor for
breach. The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Contract upon an agreement or
understanding for commission, percentage, brokerage or contingent fee
excepting bona fide employees of bona fide established commercial or selling
agencies maintained by the seller for the purpose of securing business. For
breach or violation of this warranty, ITP shall have the right in addition to any
other rights, to cancel this Contract without liability and to deduct from the
Contract price or otherwise recover form the Contractor the full amount of such
commission, percentage, brokerage or contingent fee.
6.10 CONTRACTOR’S LIABILITY INSURANCE
The Contractor shall maintain such insurance as will protect it from claims under
Workers' Compensation Acts and other employee benefit acts; from claims for
damages because of bodily injury, including death, to its employees and all
others and from claims for damages to property; any or all of which may arise
out of or result from the Contractor's operations under the Contract, or from any
subcontractor or anyone directly or indirectly employed by either of them. This
insurance shall be written for not less than the limits specified below. ITP shall be
named as additionally insured in respect to all liability insurance policies. All
policies shall contain an endorsement that written notice shall be given to ITP
prior to termination, cancellation or reduction in coverage in the policy.
Certificates of such insurance shall be filed with ITP prior to the start of the
Contract.
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A) Worker's compensation insurance shall be in the amount and coverage
required by the State of Michigan to protect it from claims under the
Worker's Compensation Act and other employee benefit acts.
B) General comprehensive liability insurance, including bodily injury and
death, and property damage insurance in the minimum amount of
$5,000,000 per occurrence.
C) Automobile liability and garage keepers liability, including bodily injury
and property damage, insurance in the minimum amount of $5,000,000
per occurrence.
6.11 NOTIFICATION OF DELAY
The Contractor will notify the Project Manager as soon as the Contractor has, or
should have, knowledge that an event has occurred that will delay completion
of this Project. Within five (5) working days, the Contractor will confirm such
notice in writing, furnishing as much detail as is available.
6.12 REQUEST FOR EXTENSION
The Contractor agrees to supply, as soon as such data are available, any
reasonable proofs that are required by the ITP Project Manager to make a
decision on any request for extension. The ITP Project Manager will examine the
request and any documents supplied by the Contractor and will determine if
the Contractor is entitled to an extension and the duration of such extension.
The ITP Project Manager will notify the Contractor of the decision in writing. It is
expressly understood and agreed that the Contractor will not be entitled to
damages or compensation, and will not be reimbursed for losses on account of
delays resulting from any cause under this provision.
6.13 CONTRACTOR’S REPRESENTATIVE
Prior to the start of Contract performance, the Contractor shall advise ITP in
writing of the primary and alternate representatives (including phone numbers)
who will have management responsibility for the total Contract effort to receive
and act on technical matters and resolve problems of a contractual nature.
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6.14 ITP REPRESENTATIVE
Prior to the start of Contract performance, the ITP Project Manager (Meegan
Joyce) will furnish a letter to the Contractor indicating the personnel who will
represent ITP in the administration of this Contract to insure successful
performance. Such letter shall include the specific duties of each individual and
their limits of authority.
6.15 INSTRUCTIONS BY UNAUTHORIZED THIRD PERSONS
In accordance with the Contract Changes provision of the Contract, the ITP
Project Manager or his/her authorized representative are the only persons
authorized to make changes within the general scope of the Contract.
Any instructions, written or oral, given to the Contractor by someone other than
the ITP Project Manager or his/her authorized representative, which are
considered to be a change in the Contract, will not be considered as an
authorized Contract Change. Any action on the part of the Contractor taken in
compliance with such instructions will not be grounds for subsequent payment
or other consideration in compliance with the unauthorized change.
6.16 INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Contract or to receive any benefit there
from.
6.17 FEDERAL CLAUSES
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Type of Contract
FTA Required Clauses Pro
cure
me
nt
(Go
od
s)
Pro
cure
me
nt
(Ro
llin
g S
tock
)
Co
nst
ruct
ion
Tra
nsi
t O
pe
ratio
ns
Arc
hite
ctu
ral a
nd
En
gin
ee
ring
Pro
fess
ion
al S
erv
ice
s
1 Drug and Alcohol Testing X
2 Buy America 1 1 X
3 Charter Bus Requirements X
4 School Bus Requirements X
5 Cargo Preference Requirements 2 2
6 Seismic Safety Requirements 3
7 Energy Conservation Requirements X X X X X X
8 Clean Water Requirements 1 1 1 1 1 1
9 Bus Testing X
10 Pre-Award and Post Delivery Audits Requirements X
11 Lobbying 1 1 1 1 1
12 Access to Records and Reports 1 1 1 1 1
13 Federal Changes X X X X X X
14 Bonding Requirements 1
15 Clean Air Requirements 1 1 1 1 1 1
16 Recycled Products 4
17 Davis Bacon Act 5
18 Contract Work Hours and Safety Standards Act 6 5 6
19 Copeland Anti-Kickback Act 5
20 No Government Obligation to Third Parties X X X X X X
21 False or Fraudulent Statements or Claims X X X X X X
22 Termination 7 7 7 7 7 7
23 Government-Wide Debarment and Suspension X X X X X X
24 Privacy Act 8 8 8 8 8 8
25 Civil Rights Requirements X X X X X X
26 Breaches and Dispute Resolution 1 1 1 1 1 1
27 Patent and Rights in Data 9 9 9 9 9 9
28 Transit Employee Protective Agreements X
29 Disadvantaged Enterprise (DBE) X X X X X X
30 State and Local Law Disclaimer X X X X X X
31 Incorporation of Federal Transit Administration (FTA) Terms X X X X X X
32 Fly America 10 10 10 10 10 10
33 Transit Vehicle Manufacturer's Certification X
34 Environmental Protection X X X X X X
35 Access Requirement for Persons with Disabilities (ADA) X X X X X X
36 Notification of Federal Participation 11 11 11
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NOTES:
1. Contracts over $100,000.
2. Applies ONLY to contracts for equipment, vehicles, materials, or commodities which may be transported by ocean vessels.
3. Construction of new buildings or additions to existing buildings.
4. 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.
5. Contracts over $2,000.
6. Contracts over $2,500.
7. Contracts with nonprofit organizations and institutions of higher education in excess of $100,000 and all other contracts in excess of $10,000.
8. When a contractor maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier.
9. Applies ONLY apply to research projects in which FTA finances the purpose of the grant is to finance the development of a product or information.
10. Applies ONLY to contracts involving international air transportation of persons or materials.
11. Applies ONLY to contracts for goods and services, including construction, valued at over $500,000.
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1. DRUG AND ALCOHOL TESTING
Option 1 The contractor agrees to participate in the ITP's drug and alcohol program established in compliance with 49 CFR 653 and 654. Option 2 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the ITP to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements”, which is published annually in the Federal Register. Option 3 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the ITP to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements”, which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request) a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the Purchaser wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review and approval before (insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to (to be determined by the Purchaser, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium).
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2. BUY AMERICA REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A proposer or offeror must submit to the ITP the appropriate Buy America certification (below) with all proposals on FTA-funded contracts, except those subject to a general waiver. Proposals or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
3. CHARTER BUS REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and sub recipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation.
4. SCHOOL BUS REQUIREMENTS
Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles or facilities.
5. CARGO PREFERENCE REQUIREMENTS
The contractor agrees: A. To use privately owned United States-Flag commercial vessels to ship at
least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any
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equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;
B. To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the ITP (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.
6. SEISMIC SAFETY REQUIREMENTS
The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.
7. ENERGY CONSERVATION REQUIREMENTS
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.
8. CLEAN WATER REQUIREMENTS (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
9. BUS TESTING
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The Contractor or Manufacturer agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following:
A. A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the ITP at a point in the procurement process specified by the ITP which will be prior to the ITP's final acceptance of the first vehicle.
B. A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public.
C. If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the ITP prior to ITP's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing.
D. If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the ITP of such a vehicle and the details of that vehicle's configuration and major components.
10. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: A. Buy America Requirements: The Contractor shall complete and submit a
declaration certifying either compliance or noncompliance with Buy America. If the Proposer/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.
B. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the proposal specifications.
C. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit: 1) Manufacturer's FMVSS self-certification sticker information that the
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vehicle complies with relevant FMVSS or
2) Manufacturer’s certified statement that the contracted buses will not be subject to FMVSS regulations.
11. LOBBYING
Contractors who apply or proposal for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the ITP.
12. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
1. The Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a sub grantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
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3. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive proposing, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
4. 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.
5. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
6. FTA does not require the inclusion of these requirements in subcontracts.
13. FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2) dated October, 1995) 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.
14. BONDING REQUIREMENTS
Proposal Bond Requirements (Construction)
Proposal Security
A Proposal Bond must be issued by a fully qualified surety company acceptable to the ITP and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder.
Rights Reserved In submitting this Proposal, it is understood and agreed by proposer that the right is reserved by ITP to reject any and all proposals, or part of any proposal, and it is agreed that the Proposal may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of proposals, without the written consent of ITP.
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It is also understood and agreed that if the undersigned proposer should withdraw any part or all of his proposal within [ninety (90)] days after the proposal opening without the written consent of the ITP, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his proposal security to the extent of the ITP's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore.
It is further understood and agreed that to the extent the defaulting proposer's Proposal Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the ITP as provided in [Item x "Proposal Security" of the Instructions to Proposers]) shall prove inadequate to fully recompense ITP for the damages occasioned by default, then the undersigned proposer agrees to indemnify the ITP and pay over to the ITP the difference between the proposal security and the ITP's total damages, so as to make the ITP whole
The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the proposal unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
A. Performance bonds
1) The penal amount of performance bonds shall be 100 percent of the original contract price, unless the ITP determines that a lesser amount would be adequate for the protection of the ITP.
2) The ITP may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The ITP may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
B. Payment bonds
1) The penal amount of the payment bonds shall equal:
a) Fifty percent of the contract price if the contract price is not more than $1 million.
b) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or
c) Two and one half million if the contract price is more than $5 million.
2) If the original contract price is $5 million or less, the ITP may require
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additional protection as required by subparagraph 1 if the contract price is increased.
Performance and Payment Bonding Requirements (Non-Construction)
The Contractor may be required to obtain performance and payment bonds when necessary to protect the ITP’s interest.
A. The following situations may warrant a performance bond:
1) ITP property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material).
2) A contractor sells assets to or merges with another concern, and the ITP, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable.
3) Substantial progress payments are made before delivery of end items starts.
4) Contracts are for dismantling, demolition or removal of improvements.
B. When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows:
1) The penal amount of performance bonds shall be 100 percent of the original contract price, unless the ITP determines that a lesser amount would be adequate for the protection of the ITP.
2) The ITP may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The ITP may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
C. A payment bond is required only when a performance bond is required, and if the use of payment bond is in the ITP's interest.
D. When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows:
The penal amount of payment bonds shall equal: 1) Fifty percent of the contract price if the contract price is not more than
$1 million;
2) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or
3) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The ITP shall determine the amount of the advance payment bond necessary to protect the ITP.
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Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The ITP shall determine the amount of the patent indemnity to protect the ITP.
Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to ITP, the Architect and/or Engineer that all
materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by ITP, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by ITP and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to ITP. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to ITP written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all).
15. CLEAN AIR
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended 42 U.S.C. §§ 7401 ET seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
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16. 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.
17. DAVIS-BACON ACT
(1) Minimum Wages –
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iii) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the
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amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(iv) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed
by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(2) Withholding –
The ITP shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime
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contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the ITP may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and Basic Records –
(i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii) (A) The contractor shall submit weekly for each week in which any contract work
is performed a copy of all payrolls to the ITP for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
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(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be
maintained under 29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of Title of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees –
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and
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Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall
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be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29CFR Part 30.
(5) Compliance with Copeland Act Requirements – The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts – The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract Termination: debarment – A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3 and 5 are herein incorporated by reference in this contract. (9) Disputes Concerning Labor Standards – Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility –
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(i) By entering into this contract, the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(These clauses are specifically mandated under DOL regulations 29 FR § 5.5 and when preparing a construction contract in excess of $2,000 these clauses should be used in conjunction with the Davis-Bacon Act clauses as discussed previously. For nonconstruction contracts, this is the only section required along with the payroll section.)
(1) Overtime requirements – No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages – In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages – The ITP shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
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(4) Subcontracts – The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. (Section 102 nonconstruction contracts should also have the following provision:)
(5) Payrolls and basic records –
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
Section 107 (OSHA): (This section is applicable to construction contracts only)
Contract Work Hours and Safety Standards Act –
(i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions.
(ii) Subcontracts –The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the
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work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market.
19. COPELAND ANTI-KICKBACK ACT
The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
20. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
21. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed
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in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
22. TERMINATION
1. Termination for Convenience (General Provision) the ITP may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to ITP to be paid the Contractor. If the Contractor has any property in its possession belonging to the ITP, the Contractor will account for the same, and dispose of it in the manner the ITP directs.
2. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the ITP may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the ITP that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the ITP, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.
3. Opportunity to Cure (General Provision) The ITP in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to ITP'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 ITP setting forth the nature of said breach or default, ITP 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 ITP from also pursuing all available remedies against Contractor and its sureties for said breach or default.
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4. Waiver of Remedies for any Breach In the event that ITP elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by ITP shall not limit ITP's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
5. Termination for Convenience (Professional or Transit Service Contracts) The ITP, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the ITP shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
6. Termination for Default (Supplies and Service) If the 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 ITP may terminate this contract for default. The ITP shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will 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 the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the ITP.
7. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery 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 ITP may terminate this contract for default. The ITP shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will 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 the Contractor has possession of the ITP’s goods, the Contractor shall, upon direction of the ITP, protect and preserve the goods until surrendered to the ITP or its agent. The Contractor and ITP shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the ITP.
8. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the ITP may terminate this contract for default. The ITP shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the ITP 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
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completing the work. The Contractor and its sureties shall be liable for any damage to the ITP resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the ITP in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-
A. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the ITP, acts of another Contractor in the performance of a contract with the ITP, epidemics, quarantine restrictions, strikes, freight embargoes; and
B. The contractor, within [10] days from the beginning of any delay, notifies the ITP in writing of the causes of delay. If in the judgment of the ITP, the delay is excusable; the time for completing the work shall be extended. The judgment of the ITP shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the ITP.
9. Termination for Convenience or Default (Architect and Engineering) The ITP may terminate this contract in whole or in part, for the ITP's convenience or because of the failure of the Contractor to fulfill the contract obligations. The ITP shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the ITP, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the ITP may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the ITP.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the ITP.
10. Termination for Convenience of Default (Cost-Type Contracts) The ITP may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the ITP or for the default of the Contractor. If the termination
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is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the ITP, or property supplied to the Contractor by the ITP. If the termination is for default, the ITP may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the ITP and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the ITP, the Contractor shall be paid its contract close-out 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 ITP determines that the 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 the contractor, the ITP, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.
23. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION NON-
PROCUREMENT) Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Lower Tier Covered Transactions (Third Party Contracts over $100,000).
Instructions for Certification
1. By signing and submitting this proposal or proposal, the prospective lower tier participant is providing the signed certification set out below.
The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, ITP may pursue available remedies, including suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to ITP if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
3. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact ITP for assistance in obtaining a copy of those regulations.
4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
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suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by ITP.
5. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.
6. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
7. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, ITP may pursue available remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this proposal or
proposal, that neither it nor its "principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.
24. PRIVACY ACT
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
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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.
25. CIVIL RIGHTS REQUIREMENTS
The following requirements apply to the underlying contract: 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
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(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
26. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of ITP's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall aproposale be the decision. Performance During Dispute - Unless otherwise directed by ITP, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the ITP and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the ITP in which the ITP is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the ITP, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
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27. PATENT AND RIGHTS IN DATA
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.
A. Rights in Data - The following requirements apply to each contract involving experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a
copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor
using Federal assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data
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first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c), however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
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(4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
B. Patent Rights - These following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first
actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
28. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
(1) The Contractor agrees to comply with applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the ITP's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letters. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause.
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(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body sub recipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA.
29. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
1. The Federal Fiscal Year goal has been set by the ITP in an attempt to match projected procurements with available qualified disadvantaged businesses. The ITP’s goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by the ITP as set forth by the Department of Transportation Regulations 49 C.F.R. Part 26, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, the ITP may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. (a) Policy - It is the policy of the Department of Transportation and the ITP that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, and as
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amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of the ITP to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of the ITP’s procurement activities are encouraged.
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, the ITP may declare the contractor noncompliance and in breach of contract.
(d) The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with the ITP’s DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of the ITP and will be submitted to the state upon request.
(e) The ITP will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request:
Identification of qualified DBE
Available listing of Minority Assistance Agencies
Holding proposal conferences to emphasize requirements
2) DBE Program Definitions, as used in the contract:
3) Disadvantaged business “means a small business concern”:
4) Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and
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5) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
6) Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more women individuals; and
7) Whose management and daily business operations are controlled by one or more women individuals who own it.
8) “Small business concern” means a small business as defined by Section 3 of the Small Business Act and Appendix B – (Section 106(c)) Determinations of Business Size.
9) “Socially and economically disadvantaged individuals” means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act.
10) “Black Americans”, which includes persons having origins in any of the Black racial groups of Africa;
11) “Hispanic Americans”, which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
12) “Native Americans’, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;
13) “Asian-Pacific Americans”, which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas;
14) “Asian-Indian Americans”, which includes persons whose origins are from India, Pakistan, and Bangladesh.
30. STATE AND LOCAL LAW DISCLAIMER
The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the ITP’s procurement documents, the grantees should consult with their local attorney.
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31. 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 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any ITP requests which would cause the ITP to be in violation of the FTA terms and conditions.
32. FLY AMERICA
The Contractor understands and agrees that the Federal Government will not participate in the costs of international air transportation of any persons involved in or property acquired for the Project unless that air transportation is provided by U.S.-flag carriers to the extent services by U.S.-flag carriers is available, consistent with the requirements of the International Air Transportation Fair Competitive Practices Act of 1974f. as amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA) regulations “Use of United States Flag Air Carriers.” 41 C.F.R. §§ 301.131 through 301.143.
33. TRANSIT VEHICLE MANUFACTURER (TVM) CERTIFICATION
The contractor agrees to comply with all the requirements of 49 CFR 23.67, as they apply to the procurement of transit vehicles under this contract, including be not limited to, furnishing the vehicle purchaser with a certification that it is in full compliance with all the regulatory requirements of 49 CFR 23.67.
34. ENVIRONMENTAL PROTECTION
The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq. consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA statutory requirements on environmental matters at 49 U.S.C. § 5324(b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622.
35. ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES (ADA)
The Contractor agrees to comply with the requirements of 49 U.S.C. § 5301(d) which expresses the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement those policies. The Contractor also agrees to comply with all applicable
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requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires the provision of accessible facilities and services, and with the following Federal regulations, including any amendments thereto: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities
(ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs
and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
(3) Joint U.S. Architectural and Transportation Barriers Compliance Board/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;
(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;
(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
(6) U.S. GSA regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19;
(7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;
(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and
(9) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and
(10) Any implementing requirements FTA may issue. 36. NOTIFICATION OF FEDERAL PARTICIPATION
In the announcement of any third party contract award for goods or services (including construction services) having an aggregate value of $500,000 or more, the Contractor agrees to specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express the amount of that Federal assistance as a percentage of the total cost of that third party contract.
The contractor, sub recipient or subcontractor 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 49CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breech of this contract, which may result in the termination of this contract or such other remedy as ITP deems appropriate.
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ATTACHMENTS
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ATTACHMENT 1 COST PROPOSAL FORM FOR
PROVISION OF
GO!BUS ADA SERVICE
PASS and/or Other SERVICES – PROJECT 2017-06
SUBMITTED BY:
DATE:____________________
Operation and maintenance of vehicles supplied by ITP in GO!Bus services as
specified in the Request for Proposals and offeror’s Technical Proposal:
COST INCLUDING FUEL
Basis for payment Amount
GO!Bus, PASS,
and/or Other
Year 1 Year 2 Year 3 Year 4 Year 5
Cost per revenue
Hour
OPTION REQUESTED: COST EXCLUDING FUEL
Basis for payment Amount
GO!Bus, PASS,
and/or Other
Year 1 Year 2 Year 3 Year 4 Year 5
Cost per revenue
Hour
The undersigned authorized representative of offeror agrees, that, if awarded the
contract, the offeror will perform the work as specified in the RFP, offeror’s proposal,
this cost proposal and the contract documents.
Signature
(typed name and title)
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ATTACHMENT 2
DBE PARTICIPATION FORM
Separate information is required for each DBE subcontractor. This form may be duplicated as necessary.
1. DBE Firm Name: ________________________________________
Address: ________________________________________ ________________________________________
2. Dollar amount awarded: ________________________________________
3. Description of work to be performed : _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
4. CONTRACTOR’S COMMITMENT TO USE DBE FIRM
________________________________ is committed to utilize the DBE (Name of Contractor) contractor to utilize the above named DBE subcontractor/supplier in the manner and amount described on this form.
Dated ________________ _____________________________ (Authorized Signature)
5. DBE’S COMMITMENT TO PARTICIPATE
_________________________________, as a DBE firm, is committed to (Name of subcontractor/supplier) perform the work as described above for the amount specified.
Dated ________________ ___________________________ (Authorized Signature)
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ATTACHMENT 3
CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, ____________________, ____________________, hereby certify on (Name) (Title) behalf of ________________________________________ that: (Firm) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty or not less than $10,000 and not more than $100,000 for each such failure. Dated ____________________ ______________________________ (Name) ______________________________ (Title) ______________________________ (Firm)
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ATTACHMENT 4
CERTIFICATION OF LOWER-TIER PARTICIPANTS (SUBCONTRACTORS) REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY
AND VOLUNTARY EXCLUSION The Lower Tier Participant (Subcontractor to the Primary Contractor), _________________________, certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. If the above named Lower Tier Participant (Subcontractor) is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal. The Lower-Tier participant (Subcontractor), _________________________, certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31. U.S.C. Sections 3801 et seq. are applicable thereto. _________________________________ Signature and Title of Authorized Official _________________________ _______________ Notary Public Name (Printed) Date _________________________________ _________________________ Notary Public Signature County of Expiration Date NOTICE TO BIDDER: THIS CERTIFICATION SHALL BE COMPLETED BY ALL SUBCONTRACTORS WHICH WILL HAVE A FINANCIAL INTEREST IN THIS PROJECT WHICH EXCEEDS $25,000 OR SUBCONTRACTORS WHICH WILL HAVE A CRITICAL INFLUENCE ON OR A SUBSTANTIVE CONTROL OVER THE PROJECT.
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ATTACHMENT 5
CERTIFICATION OF PRIMARY CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The Primary Contractor, _________________________, certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three (3) year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or Local) with commission of any of the offense enumerated in paragraph (2) of this certification; and
4. Have not within a three (3) year period preceding this application/proposal had one (1)
or more public transactions (Federal, State, or Local) terminated for cause or default.
If the above named Primary Contractor is unable to certify to any of the the statements in this certification, the Primary Contractor shall attach an explanation to this certification. The Primary Contractor, _________________________, certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provision of 31 U.S.C. Section 3801 et seq. are applicable thereto. _________________________________ Signature and Title of Authorized Official
_________________________________
Notary Public Name (Printed) _________________________________ _________________________________ Notary Public Signature County of Expiration Date
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EXHIBITS
(see electronic attachments)