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Multi-Modal Transportation System

AutomatedDemand Response

Transportation Management System

2014Request For

Proposal

Harbor Transit Automated Demand Response Transportation System 2014

Table of Contents

Section 1Project Introduction and Background………………………………………………..….............2

Section 2Terms and Conditions…………………………………………………………………………………..4

Schedule of Activities……………………………………………………………………….………...21

Section 3Scope of Work…………………………………………………………………………………………….22

Section 4Bid Proposal Form……………………………………………………………………………………...43

Section 5Required MDOT and FTA Clauses………………………………………………………………...48

Appendix A: Prohibition of Discrimination in State Contracts………………………60

Appendix B: Title VI Assurance…………………………………………………………………...63

Section 6Federal Transit Administration Forms to be Completed…………..…………………...66

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SECTION I

PROJECT INTRODUCTION AND BACKGROUND

Introduction Harbor Transit Multi-Modal Transportation System (“Harbor Transit”) is the public transportation hub for the City of Grand Haven, the Village of Spring Lake, Grand Haven Charter Township and the City of Ferrysburg. Harbor Transit also serves Lloyds Bayou Senior Complex, Heartwood Lodge, Oakcrest Manor and Orchard Foods in Spring Lake Township.

Harbor Transit is a demand-response public transportation system which serves a population of 30,800 throughout the Tri-Cities area, and has a service range of approximately 38.6 square miles. Annual ridership exceeded 200,000 in 2013.

Harbor Transit is requesting proposals from qualified companies for the design, implementation and maintenance of an Automated Demand Response Transportation Management System outlined in the scope of work. Harbor Transit operates from 6:00 AM to 6:00 pm six (6) days a week (Monday through Saturday) and from 7:30 am to 1:00 pm on Sunday. Currently, the Demand Response scheduling is completed manually using a system from the 1970’s. Harbor Transit seeks to replace the current scheduling with real-time basis software according to transportation needs. Harbor Transit has a fleet of 19 buses and 2 Paratransit vans.

Harbor Transit Automated Demand Response Transportation Management System Requirements

Harbor Transit desires an automated demand response transportation management system that meets the specifications set forth in this request for proposal (RFP). This request includes the purchase of Automatic Vehicle Location (AVL) and Mobile Data Computer (MDC) systems utilizing commercially available off the shelf tablet hardware, and an outbound Interactive Voice Response System to facilitate day before reminder calls, pre-arrival notifications, and floodgate messages.

Harbor Transit will issue a purchase order to the vendor that provides the highest evaluated proposal, including the options selected by Harbor Transit, and who meets all the specifications of this proposal solicitation.

Project Objectives and GoalsIt is expected that the technologies shall assist Harbor Transit in a variety of demand response management functions including, but not limited to:

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1. Computer-aided dispatch or rides to optimize efficiency.

2. Maximum route optimization for better service.

3. Assisting staff to improve their performance - greater staff efficiency.

4. Greater customer convenience - rapid reservation process.

5. Assist the dispatcher in making decisions.

6. Vehicle Tracking - including reporting and record keeping.

7. Utilize program from multiple dispatch locations utilizing the same database via networking or preferably by web based application.

8. Automated report generation.

9. Data collection, reporting and record keeping - reducing staff time and generating required reports.

SECTION 2

TERMS AND CONDITIONS OF INVITATIONS FOR PROPOSALSPROCUREMENT PROCESS

2.1 GENERAL INFORMATION

(a) HARBOR TRANSIT MULTI-MODAL TRANSPORTATION SYSTEM (“Harbor Transit”) is accepting proposals for the acquisition of an Automated Demand Response

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Transportation Management System. Proposals are requested from qualified contractors who will be required to provide the design, implementation, training and maintenance of an Automated Demand Response Transportation Management System. The successful contractor may be required to attend meetings with Harbor Transit officials as necessary to ensure timely and effective implementation of the project.

(b) Proposals are requested for the goods and services specified hereunder to be furnished during the period as noted on the “Bid Proposal” form. The successful contractor will be required to furnish all such services during the contract period. Upon signing of the contract, orders for the Automated Demand Response Transportation Management System will be issued directly to the contractor by Harbor Transit.

(c) In order of precedence, a contract resulting from this Request for Proposal (“RFP”) will consist of published addenda modifying the RFP, the contents of this RFP, the contractor’s response to the RFP requirements, and federal, state and local required documents. In case of disagreement, the RFP as modified by the published addenda will rule. Harbor Transit shall not be bound by any part(s) of the contractor’s response to the RFP which contains information, options, conditions, terms, or prices not requested nor required in this RFP.

(d) The failure of Harbor Transit to insist upon strict adherence to any term of a contract resulting from this RFP shall not be considered a waiver or deprive Harbor Transit of the right thereafter to insist upon strict adherence to that term or any other term of the contract.

(e) Any contract resulting from this RFP, may not be modified, amended, extended, or augmented except in writing and executed by the parties hereto, and any breach or default by a party shall not be waived or released other than in writing signed by the other party.

(f) This project is under the auspices of Harbor Transit. Prospective vendors will be required to meet all associated requirements in Federal Transit Administration and Michigan contracts, or any other applicable federal, state or local regulations. A resulting contract shall in all respects be governed by, and construed in accordance with, the laws of the State of Michigan and the Federal Transit Administration.

(g) Harbor Transit reserves the right to reject any and all proposals at any time prior to Harbor Transit’s acceptance of a bid approved by the Harbor Transit Multi-Modal Transportation System Board of Directors (“Board of Directors”). Harbor Transit reserves the right to waive any irregularities or non-conformities in any proposal. Harbor Transit reserves the right to negotiate the terms of a contract with the successful contractor. In and at such time as the Board of Directors approves a contract, the contract document shall represent the entire agreement between the parties.

2.2 ISSUING OFFICE

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(a) This RFP is issued by Harbor Transit.

(b) Harbor Transit is the sole point of contact with regard to all procurement and contractual matters relating to the commodities and/or services described herein. Harbor Transit is solely authorized to change, modify, amend, alter, and clarify, etc., the specification, terms and conditions of this RFP and any contract awarded as a result of this request. Harbor Transit will remain the SOLE POINT OF CONTACT throughout the procurement process. All communications covering this procurement must be addressed to:

Sue Thomae, Customer Care/Compliance ManagerHarbor Transit440 North Ferry StreetGrand Haven, MI 49417-1124Telephone: (616)842-3220FAX: (616)847-3477EMAIL: [email protected]

2.3 PROJECT STAFF

(a) Project Staff will consist of the following personnel:Sue Thomae, Customer Care/Compliance ManagerAnthony Dionise, Operations ManagerTom Manderscheid, Transportation DirectorShelly Converse, Lead DispatcherPatrick Hanna, Lead Dispatcher

Ms. Thomae will assume the responsibility of project director and will act as the liaison between the contractor and the Board of Directors and, as such, will monitor performance and direction.

(b) The project staff will evaluate the proposals and recommend the acceptance of one proposal or the rejection of all proposals to the Board of Directors. The third party agreement between Harbor Transit and the successful contractor requires the approval of the Board of Directors prior to the final award. 2.4 INCURRING COST

(a) Harbor Transit is not liable for any cost incurred by the contractor prior to signing of a contract. The liability of Harbor Transit is limited to terms and conditions of this RFP and any resulting contract. In no instance shall Harbor Transit be liable for consequential damages or any loss of any business opportunities.

2.5 CONTRACT TERM

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mailto:[email protected]


(a) The term of the proposed contract will commence on July 14, 2014 and continue for a period of six (6) months, until January 14, 2015, with the option to extend an additional three (3) months, at Harbor Transit’s option, until April 14, 2015. Provided, however, that the contractor’s obligations concerning indemnity and any and all warranties shall remain in effect after termination of the contract.

2.6 CONTRACT EXTENSION

(a) Harbor Transit reserves the right to extend the term of the contract resulting from this RFP with up to one (1) three-month extension. Any extension will be in writing.

2.7 CONTRACT ADMINISTRATOR

(a) Upon receipt of the properly executed contract(s), Harbor Transit will be authorized to administer the contract on a day-to-day basis during the term of this contract.

2.8 CONTRACTOR RESPONSIBILITIES

(a) The contractor will be required to assume responsibility for all contractual activities offered in the RFP, whether or not the contractor performs them. Further, Harbor Transit will consider the contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated contract. If any part of the work is to be subcontracted, responses to this RFP must include a list of subcontractors, including firm name and address, contact person and complete description of work to be subcontracted. Harbor Transit reserves the right to approve subcontractors and to require the contractor to replace subcontractors found to be unacceptable. The contractor is totally responsible for adherence by the subcontractor to all provisions of the contract. Any change in subcontractors must be approved by Harbor Transit, in writing, prior to such change.

2.9 ACCEPTANCE of PROPOSAL CONTENT

(a) The contents of this RFP, its attachments, and the proposal will become contractual obligations if a contract ensues. Failure of the successful respondent to accept these obligations may result in elimination of the respondent from the selection process. Harbor Transfer further reserves the right to interview the key personnel assigned by the successful respondent to this project and to recommend reassignment of personnel deemed unsatisfactory by Harbor Transit.

2.10 ECONOMY of PRESENTATION

(a) Each proposal should be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to be creative and to meet the

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requirements and objectives of this RFP. Emphasis should be on completeness, clarity of content, and be presented in as few pages as possible.

2.11 OTHER DUTIES ASSIGNED BY HARBOR TRANSIT

(a) Because of the nature of this project, Harbor Transit may be unable to determine all possible work components and tasks to be completed. The contractor may be asked to provide additional service that has not been outlined in this RFP. When additional duties beyond those outlined in this RFP and in the contractor’s proposal are identified, Harbor Transit and the contractor will discuss the contractor’s ability to complete this work. If Harbor Transit determines the contractor should conduct the additional work, the contractor will provide a request for Task Order describing the work to be done and all associated costs. A written task order will then be issued by Harbor Transit.

2.12 SELECTION CRITERIA

(a) Cost is not the sole determining factor for selection, but it is an important factor in the evaluation process. Harbor Transit’s intent is to obtain the best quality services and coverage at the lowest possible cost.

(b) Experience and demonstrated successful results with political sub-divisions as well as positive references from former clients. Quality of service and ability to respond to Harbor Transit’s needs is an important factor in evaluation. Completion of Tab A (Qualifications and Experience) will be required to provide information on the contractor’s background, marketing and risk management services. (See Section 3 – Scope of Work)

(c) Ability to complete the project, in Harbor Transit’s judgment, in a timely fashion.

(d) Quality of the proposed Automated Demand Response Transportation Management System package.

(e) Ability to provide a complete software and hardware package based on the specifications outlined under the Scope of Work and Bid Proposal Form.

(f) Ability to comply with all of the FTA and state requirements including, but not limited to Buy America requirements, energy conservation requirements, FTA regulations, policies, procedures, and directives, recycled products requirements, the Davis-Bacon Act, Contract Work Hours and Safety Standards Act, Copeland Anti-Kickback Act, Disadvantaged Business Enterprise requirements, Civil Rights requirements, the Environmental Protection Act, and the access requirements mandated by the Americans with Disabilities Act.

(g) Harbor Transit may conduct such investigations and request such additional information from the contractors as Harbor Transit deems necessary to assist in the evaluation

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of any bid and to establish the responsibility, qualifications and ability of the contractors to furnish the services in accordance with this RFP and to Harbor Transit’s satisfaction.

(h) Following Harbor Transit’s review of the bid proposals received pursuant to this RFP, a conference among Harbor Transit representatives and the contractor(s) considered to be the most qualified may be held at times to be arranged.

(i) Such conferences will further clarify any issues and questions on schedule, project approach and costs. Following these conferences a recommendation will be made by Harbor Transit administration to the Board of Directors for a bid award, but only after and based upon Harbor Transit’s evaluation indicating that such contract bid award will be in the best interest of Harbor Transit. It the bid is to be awarded, Harbor Transit will give the successful contractor a notice to proceed.

2.13 PRICING & PAYMENT

(a) Prices quoted shall be the maximum to be charged during the contract period; Harbor Transit shall receive the benefit of any decrease in price that may occur. All prices are to be F.O.B. destination. (Freight charges must be included in pricing and not separated out as an item.)

(b) If changes in federal regulations raise the cost of service required under any contract resulting from this RFP, during the contract period, contractors may request a price adjustment to reflect the actual cost increases experienced. The request shall be accompanied by evidence that the change actually affected the contractor’s cost.

(c) Any price revision shall take effect 30 days after authorizations of the revision by Harbor Transit. Harbor Transit may delay implementing a price revision if additional supportive documentation is required. If proposed prices are not acceptable to either party, the existing contract prices shall remain in effect, or the contract may be cancelled. The contractor remains responsible for performing according to the contract terms at the contract price for all orders received before price revisions are approved or before the contract is cancelled.

(d) The Automated Demand Response Transportation Management System package will be purchased at a fixed fee, fee payable at acceptance of the installation by Harbor Transit.

2.14 PROJECT SCHEDULE

(a) The Automated Demand Response Transportation Management System package shall be delivered within ten (10) days after proposal award.

2.15 PROPOSALS

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(a) To be considered, each contractor must submit a response to this RFP using the format provided. No other distribution of quotations is to be made by the contractor. THE RFP DOCUMENTS SENT WITH THIS PACKET MUST BE SIGNED IN INK BY AN OFFICIAL OF THE BIDDING ORGANIZATION authorized to bind the contractor to the provisions of the RFP and the quotation. The quotation itself must remain valid for a period of at least ninety (90) days from the due date for quotations to this RFP.

2.16 SPECIFICATIONS

(a) Definite Specifications - All commodities and services to be furnished hereunder shall conform to the specifications as noted in the RFP and/or copies of specifications attached.

2.17 ADDITIONAL PRODUCTS

(a) Harbor Transit has the right to add an item(s) not described on the item listing and is available from the contract vendor. The item(s) may be included on the contract, only if prior written approval has been granted by Harbor Transit.

2.18 RECYCLED MATERIALS

(a) Contractors are encouraged to offer bids for products containing recovered materials suitable for the intended use. By doing so, the contractor warrants the product(s) as at least functionally equivalent to the bid specifications. “Recovered material” is defined as post-consumer waste (any product generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of collections, recycling, and disposition) and secondary waste (industrial by-products as in wastes generated after completion of a manufacturing process that would normally be reused). All contractors are requested to attach a statement which indicates the items which contain recycled materials and the percentage of recycled materials, if any, contained in each item.

2.19 DELIVERY(a) Exact delivery, installation, and training due dates will be determined by the

delivery schedule, inspection schedule, and order date.

(b) Final inspection will be made at the Harbor Transit office, located at 440 North Ferry Street, Grand Haven, Michigan. The bidder may subcontract with a Michigan firm capable of handling final inspection, corrections, and warranty follow-up.

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(c) The equipment shall be delivered and installed, and training completed within 180 days of the contract being signed by both parties. Delivery time will be agreed upon between the bidder and Harbor Transit.

2.20 INSPECTIONS

(a) The contractor shall allow for periodic production/plant inspection.

(b) The contractor will not be responsible for any expense or transportation for Harbor Transit personnel involved in any meetings or inspections.

(c) Harbor Transit shall have the right to inspect the equipment upon delivery. Harbor Transit’s inspection shall not be deemed a waiver by Harbor Transit of any right later to reject, revoke acceptance, or recover damages for goods accepted which are not, in fact, free from patent or latent defects.

(d) Title and risk of loss shall not pass from the contractor to Harbor Transit until the equipment as haven received and accepted by Harbor Transit. Mere acknowledgment by Harbor Transit personnel of delivery or receipt of the equipment shall not be deemed or construed as acceptance of the equipment. The contractor bears the risk of loss of the equipment until inspected and accepted. If acceptance of the equipment is properly revoked, the contractor bears the risk of loss thereafter.

(e) The contractor shall reimburse Harbor Transit for any and all reasonable expenses incurred in the inspection or handling of rightfully accepted goods or goods whose acceptance has been justifiably revoked. The contractor shall also be responsible for Harbor Transit’s costs, if any, of purchasing goods in substitution of those due from the contractor.

(f) The contractor shall be responsible for any and all consequential damages incurred by Harbor Transit from the contractor’s breach. These include, without limitation, any loss resulting from the general or particular needs of Harbor Transit at the time of contracting and any injury to a person or property including those which may arise from a breach of warranty by the contractor or the manufacturer.

2.21 TERMINATION

(a) TERMINATION OF A CONTRACT resulting from the RFP by Harbor Transit may be for (a) default of the contractor, or (b) when it is in Harbor Transit’s best interest. Default is defined as the failure of the contractor to fulfill the obligations of the quotation, contract, or purchase order. In case of default by the contractor, Harbor Transit may immediately terminate the contract or purchase order and procure the articles or services from other sources, and hold the contractor responsible for any excess costs occasioned thereby.

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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 Harbor Transit 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, Harbor Transit, after setting up a new delivery or performance schedule, may allow the contractor to continue work, or treat the termination as a termination for convenience.

(b) Harbor Transit may terminate the contract or purchase order, in whole or in part, at any time by written notice to the contractor when it is in Harbor Transit’s best interest. The contractor shall be paid its costs, including contract close-out costs, and profit (on a pro rata basis) on work performed up to the time of termination. The contractor shall promptly submit its termination claim to Harbor Transit to be paid to the contractor. If the contractor has any property in its possession belonging to Harbor Transit, the contractor will account for the same, and dispose of it in the manner Harbor Transit directs. Harbor Transit may terminate the contract or purchase order, without further liability, by giving the contractor written notice of such cancellation thirty (30) days prior to the date of cancellation.

2.22 WARRANTY AND WARRANTY REPAIR WORK

(a) All equipment must be new and of the manufacturer’s current models in production at the time of order. All standard or optional equipment to be included shall be as advertised by the manufacturer (OEM) and shall not consist of substitute or after market equipment. Equipment not available from the factory may be dealer installed. However, in no event shall any equipment, attachment or part be installed contrary to the manufacturer’s recommendations or standard industry practices.

(b) The successful contractor will be responsible for all materials and accessories used in the equipment, whether the same is ready made or from an outside source; and this responsibility may not be transferred, conveyed, or assigned to any other person, company, corporation or entity without the previous written approval of Harbor Transit. Full warranty shall be defined as the manufacturer’s standard warranty from the date the equipment is put into service and shall otherwise be equal to or exceed that offered to the general public. All warranties shall become effective on the date the equipment is placed into service based upon agency notice to contractor.

(c) Extension of warranty and/or other policy adjustments will be considered when constant maintenance is required or if replacement parts prove unsound. Harbor Transit shall expect the manufacturer to have an adequate stock of replacement parts available to service the equipment and to make delivery of all replacement parts to their dealers who may service the equipment, with a reasonable time, and for a period no less than five (5) years from delivery date. The prime contractor will be required to contact Harbor Transit within ten (10)

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days after receipt of the contract, to arrange procedures concerning the implementation of warranty claims and to designate personnel to handle claims. Harbor Transit further expects that warranty service and repairs, as well as non-warranty service and repairs, will be handled without prejudice.

2.23 WARRANTY PERFORMANCE STANDARDS

(a) Principle Period of Maintenance (PPM) will be the same hours as the Harbor Transit working hours.

(b) The PPM hours may be changed upon thirty (30) days written notice by mutual agreement, except the contractor shall make every reasonable effort to change his schedule in a shorter period of time.

(c) The contractor will proceed expeditiously to complete the repair of any defect or failure reported by Harbor Transit in the shortest practicable time except that it shall not exceed one (1) Harbor Transit working day following notice of defect unless agency and contractor mutually agree on alternate repair arrangement. Such alternate arrangements shall be made within two (2) Harbor Transit working days of the defect notice. If the contractor fails to repair the equipment within two (2) Harbor Transit working days, Harbor Transit shall have as its option the right to obtain the required repair from other sources, or ti complete the work itself and the hold the contractor liable for any cost incurred. Harbor Transit as it option for amounts due may deduct such from any money payable to the contractor or may bill the contractor as a separate item.

(d) If the contractor fails to remit amounts due, these claims shall be subject to the standard collection claim procedures. In addition, failure to remit amounts due may be considered cause for a contractor to be considered in default.

2.24 DISCLOSURE

(a) The Michigan Freedom of Information Act (FOIA), as amended, MCL 15.231 et seq., provides for disclosure of contracts. As such, all information submitted by the contractor is subject to possible disclosure. Nothing in this section shall preclude Harbor Transit from disclosing information marked proprietary if Harbor Transit is legally bound to do so.

2.25 SEALED BID RECEIPT

(a) The RFP must be received and time stamped in the Grand Haven City Clerk’s Office on or before the date and time specified on the cover page of this request. The bid documents shall be submitted to:

Office of the City Clerk519 Washington Street

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Grand Haven, MI 49417

until 10:00 a.m. on or before July 9, 2014, at which time the bids will be publicly opened and read aloud in the City Hall Council Chambers.

(b) All proposals should be clearly marked as QUOTATION FOR HARBOR TRANSIT AUTOMATED DEMAND RESPONSE TRANSPORTATION MANAGEMENT SYSTEM on the outside of the sealed envelope and submitted to the City Clerk as specified in (a). For further information, contact Sue Thomae, Customer Care/Compliance Manager, 440 North Ferry Street, Grand Haven, MI 49417, telephone (616) 842-3220, FAX (616) 847-3477, Email: [email protected].

(c) In lieu of a Pre-Bid meeting, any questions, comments or exceptions will be accepted within 15 days of the RFP release date. Harbor Transit will respond in seven (7) days after the request is received.

(d) Failure to identify the sealed bid according to the instructions on the “Sealed Bid” cover page will result in an automatic disqualification from consideration unless no other qualified bids are received.

2.26 ACCOUNTING RECORDS

(a) The contractor and all subcontractors shall maintain all pertinent financial and accounting records and evidence pertaining to the contract in accordance with generally accepted principles of accounting and other procedures specified by the State of Michigan. Financial and accounting records shall be made available, upon request, to Harbor Transit, their designees, Federal Transit Administration or the Michigan Office of the Auditor General at any time during the contract period and any extension thereof, for three years from expiration date and final payment on the contract or extension thereof.

2.27 METHOD OF AWARD

(a) Award will be made to the bidder based on the Selection Criteria. It is mandatory for a bidder to use the Bid Proposal Form to quote on all items to be considered for award.

2.28 TAXES

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(a) Harbor Transit is exempt from federal excise tax, state or local sales tax. Bid prices shall not include such taxes. Exemption certificates for federal excise tax will be furnished upon request.

2.29 INVOICING

(a) The contractor shall submit two (2) copies of invoices to:

Harbor TransitAttn: Accounts Payable519 Washington Ave.Grand Haven, MI 49417Or invoices may be emailed to: [email protected].

2.30 COMPLIANCE OF SPECIFICATIONS

(a) If equipment does not fully comply with specifications, the contract shall include a list of designated exceptions to specifications. When no statement of exception is indicated, conformance to specifications will be required. Exceptions are registered with item number(s) to which it applies and list the description of equipment involved.

2.31 BID AND/OR PROTEST PROCEDURES

1. General – Protests may be made by prospective bidders or proponents whose direct economic interest would be affected by award of a contract or by failure to award a contract. Harbor Transit will consider all protests requested in a timely manner regarding the award of a contract, whether submitted before or after an award. All protests are to be submitted in writing to: Transportation Director, Harbor Transit, 440 North Ferry Street, Grand Haven, Michigan 49417. Protest submissions should be concise, logically arranged and clearly state the grounds for protest. A protest must include at least the following information:

(a) Name, address and telephone number of protester;(b) Identification of contract solicitation number;(c) A detailed statement of the legal and factual grounds of the protest, including

copies of relevant documents; and(d) A statement as to what relief is requested.

Protests must be submitted to Harbor Transit in accordance with these procedures and time requirements. The protest must be complete and contain all issues that are relevant to Bid or Proposal criteria.

2. Protests Prior to Bid or Proposal Opening – Bid protests alleging restrictive specifications or improprieties which are apparent prior to bid opening or receipt of proposals must be submitted in writing to the Harbor Transit Project Manager at the address above, and must be received at least three (3) working days prior to bid opening or closing date for receipt

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of bids or proposals. If the written protest is not received by the time specified, bids or proposals may be received and award made in the normal manner unless the Transportation Director determines that remedial action is required. Oral protests not followed up by a written protest will be disregarded. The Transportation Director may request additional information from the appealing party and information or response from other bidders, which shall be submitted in writing not less than ten (10) days after the date of Harbor Transit’s request. So far as practicable, appeals will be decided based on the written appeal, information and written response submitted by the appealing party and other bidders. In failure of any party to timely respond to a request for information, it may be deemed by Harbor Transit that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response, and in such a case, the protest will proceed and will not be delayed due to the lack of a response. Upon receipt and review of written submissions and any independent evaluation deemed appropriate by Harbor Transit, the Transportation Director shall either (a) render a decision, or (b) at the sole election of the Transportation Director, conduct an informal hearing at which the interested parties will be afforded opportunity to present their respective positions and facts, documents, justification and technical information in support thereof. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence or procedures. Following the informal hearing, if one is held, the Transportation Director will render a decision. The decision rendered will be forwarded to the Harbor Transit Board for review and concurrence. The Harbor Transit Board must concur and approve of the decision prior to notification of the Harbor Transit Transportation Director or participating parties. The sanctioned decision, which shall be final, will be transmitted to all interested parties thereof in writing. Notification will be no later than ten (10) days from the date of the Harbor Transit Board approval. The Harbor Transit Transportation Director will be notified of all Bid or Proposal protests. FTA, Region Five, will be advised in writing of all protests received. Notification shall include the general terms of the protest and the answer given by Harbor Transit.

3. Protests After Bid or Proposal Opening/Prior to Award – Bid protests against the making of an award by the Harbor Transit Board must be submitted in writing to the Transportation Director and received within five working days of the award by the Harbor Transit Board. Notice of the protest and the basis therefore will be given to all bidders or proponents. In addition, when a protest against the making of an award by the Harbor Transit Board is received and it is determined to withhold the award pending disposition of the protest, the bidders or proponents whose bids or proposals might become eligible for award shall be requested, before expiration of the time for acceptance, to extend or to withdraw the bid. Where a written protest against the making of an award is received in the time period specified, award will not be made prior to five days after resolution of the protest unless Harbor Transit determines that:

(a) The items to be purchased are urgently required;(b) Delivery or performance will be unduly delayed by failure to make award

promptly; or

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(c) Failure to make award will otherwise cause undue harm to Harbor Transit or the Federal Government.

Oral protests not followed up by a written protest will be disregarded. The Transportation Director may request additional information from the appealing party and information or response from other bidders, which shall be submitted in writing not less than ten days after the date of Harbor Transit’s request. So far as practicable, appeals will be decided based on the written appeal, information and written response submitted by the appealing party and other bidders. In failure of any party to timely respond to a request for information, it may be deemed by Harbor Transit that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response, and in such a case, the protest will proceed and will not be delayed due to the lack of a response. Upon receipt and review of written submissions and any independent evaluation deemed appropriate by Harbor Transit, Transportation Director shall either (a) render a decision, or (b) at the sole election of the Transportation Director, conduct an informal hearing at which the interested parties will be afforded opportunity to present their respective positions and facts, documents, justification and technical information in support thereof. Parties may, but are not required to, be represented by council at the informal hearing, which will not be subject to formal rules of evidence or procedures. Following the informal hearing, if one is held, the Transportation Director will render a decision. The decision rendered will be forwarded to the Harbor Transit Board for review and concurrence. The Harbor Transit Board must concur and approve of the decision prior to notification of the Harbor Transit Transportation Director or participating parties. The sanctioned decision, which shall be final, will be transmitted to all interested parties thereof in writing. Notification will be no later than ten days from the date of the Harbor Transit Board approval. The Harbor Transit Transportation Director will be notified of all Bid or Proposal protests. The FTA will be notified as in the section preceding.

4. Protests After Award of Bid or Proposal – In instances where the award has been made, the Firm shall be furnished with the notice of protest and the basis therefore. If the Firm has not executed the contract as of the date the protest is received by Harbor Transit, the execution of the contract will not be made prior to seven days after resolution of the protest unless Harbor Transit determines that:

(a) The items to be purchased are urgently required;(b) Delivery or performance will be unduly delayed by failure to make award

promptly; or(c) Failure to make award will otherwise cause undue harm to Harbor Transit or the

Federal Government.

Oral protests not followed up by a written protest will be disregarded. The Transportation Director may request additional information from the appealing party and information or response from other bidders, which shall be submitted in writing not less than ten days after the date of Harbor Transit’s request. So far as practicable, appeals will be decided based on the

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written appeal, information and written response submitted by the appealing party and other bidders. In failure of any party to timely respond to a request for information, it may be deemed by Harbor Transit that such party does not desire to participate in the proceeding, does not contest the matter or does not desire to submit a response, and in such a case, the protest will proceed and will not be delayed due to the lack of a response. Upon receipt and review of written submissions and any independent evaluation deemed appropriate by Harbor Transit, the Transportation Director shall either (a) render a decision, or (b) at the sole election of the Transportation Director, conduct an informal hearing at which the interested parties will be afforded opportunity to present their respective positions and facts, documents, justification and technical information in support thereof. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence or procedures. Following the informal hearing, if one is held, the Transportation Director will render a decision. The decision rendered will be forwarded to the Harbor Transit Board for review and concurrence. The Harbor Transit Board must concur and approve of the decision prior to notification of the Harbor Transit Transportation Director or participating parties. The sanctioned decision, which shall be final, will be transmitted to all interested parties thereof in writing. Notification will be no later than ten days from the date of the Harbor Transit Board approval. The Harbor Transit Transportation Director will be notified of all Bid or Proposal protests. The FTA will be notified per the two sections preceding.

5. Protests to Federal Transit Administration (FTA) – Under certain limited circumstances, an interested party may justifiably protest to the FTA the award of a contract pursuant to a FTA grant. FTA’s review of any such protest will be limited to:

(a) Alleged failure by Harbor Transit to have written protest procedures or alleged failure to follow such procedures; or

(b) Alleged violations of specific Federal requirement that provides an applicable complaint procedure shall be submitted and processed in accordance with that Federal regulation.

Protesters shall file a protest with the FTA not later than five business days after a final decision of Harbor Transit Board is rendered under the Harbor Transit Protest procedure. In instances where the protester alleges that Harbor Transit failed to make a final determination on the protest, the protester shall file a complaint with the FTA no later than five Federal working days after the protester knew or should have known of Harbor Transit’s failure to render a final determination in the protest.

6. Submission of Protest to the FTA – Protests submitted to the FTA should be submitted to the FTA Region V Office in Chicago, Illinois with a concurrent copy to Harbor Transit. The protest filed with the FTA shall:

(a) Include the name and address of the protester;

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(b) Identify the Harbor Transit project number and the number of the contract solicitation;

(c) Contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to follow Harbor Transit’s protest procedures, or the alleged failure to have procedures, and be fully supported to the extent possible; and

(d) Include a copy of the local protest filed with Harbor Transit and a copy of the Harbor Transit decision, if any.

2.32 ASSIGNMENT

(a) The contractor is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of any contract resulting from the RFP of its rights, title, or interest therein or its power to execute such agreement to any other person, company, corporation, or entity without the previous written approval of Harbor Transit. While Harbor Transit may approve payment to be assigned to another party or may approve the issuance of two-party checks, Harbor Transit assumes no liability for payment other than to the contractor.

2.33 AGENCY LISTING

(a) The following is the listing of HARBOR TRANSIT ship to and title to information.

HARBOR TRANSIT440 North Ferry StreetGrand Haven, Michigan 49417-1124

2.34 NEWS RELEASES

(a) News releases pertaining to this RFP or project to which it relates shall not be made without prior written Harbor Transit approval, and then only in accordance with the explicit written instructions from Harbor Transit. No results of the activities associated with this RFP are to be released without prior written approval of Harbor Transit and then only to persons designated.

2.35 INSURANCE

(a) The contractor shall, at the time of execution of any contract resulting from this RFP, file with Harbor Transit the Certificate of Insurance, which shall cover all of their insurance as required herein, including evidence of payment of premiums thereon, and the policy or policies of insurance covering said Harbor Transit and their officers, agents, and employees.

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Each such policy and certificate shall be satisfactory to Harbor Transit. Nothing contained in these insurance requirements is to be construed as limiting the extent of the conractor’s responsibility for payment or damages resulting from their operations under any contract.

(b) The contractor shall maintain insurances in force at all times during the term of any contract at the minimum amounts and types as indicated:

Coverage Afforded Limits of Liability

Worker’s Compensation: $100,000 or statutory limit

Commercial General Liability: Bodily injury $1,000,000Each occurrence (including XCU ifappropriate)

Property Damage: $1,000,000 each occurrence orCombine Single Limit $1,000,000

Automobile Liability: Bodily Injury $300,000 each person

Liability: $500,000 each occurrence

Property Damage: $500,000 or Combined Single Limit$500,000

Harbor Transit, or the City of Grand Haven, shall be listed as an additional insured on general liability coverage, and shall be provided with a Certificate of Insurance that reflects this additional insured status. A 30-day notice of cancellation or material change shall be provided to Harbor Transit and so noted on the Certificate of Insurance. All certificates and notices shall be sent to Harbor Transit, 440 North Ferry Street, Grand Haven, MI 49417.

2.36 CONTRACT TERMS AND CONDITION

It is understood that any resulting contract executed will contain the following language:

Ownership of DocumentsHarbor Transit will retain ownership of all documents prepared, secured and developed through the completion of the work. Contractor will be required to transfer to Harbor Transit all project documents, including digital and electronic files. Contractor agrees that all work to be created as part of a contribution to a collective work, or as part of an audiovisual work, or as a translation, or as a compilation, shall be considered a “work made for hire” in accordance with the provisions of the United State Copyright Act of 1976 as amended. Even if such work is not within the meaning of the term “work made for hire” as defined by the Copyright Act of 1976 as amended,

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Contractor additionally agrees to assign to the Harbor Transit all copyrights and other intellectual property rights throughout the world in and to such work, including all derivative works and adaptations and all other works prepared by Contractor for Harbor Transit.

InfringementContractor warrants that all work, materials, services, equipment, parts and other items provided by Contractor pursuant to the contract, which are not of Harbor Transit’s design, shall be free from claims of infringement (including misappropriation) of third party intellectual property rights and that any use or sale of such items by Harbor Transit shall be free from any claims of infringement. Contractor may replace or modify infringing items with comparable items acceptable to Harbor Transit of substantially the same form, fit and function so as to remove the source of infringement. If the use or sale of any of the above items is enjoined as a result of claims, suits, or actions alleging infringement, Contractor, at no expense to Harbor Transit, shall obtain for Harbor Transit the right to use and sell said items.

IndemnificationContractor agrees to and shall indemnify and hold harmless and defend Harbor Transit, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of, or in connection with the work done by Contractor under this Contract. In the event of personal injury to or death of Contractor' employees, such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits or liability arise in whole or in part from the negligence of Harbor Transit. Such indemnity shall not apply, however, to liability arising from the personal injury, death, or property damage of persons other than the Contractor or its employees where such liability is caused by or results from the negligence of Harbor Transit.

ReleaseContractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges Harbor Transit, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either of the parties hereto or other third parties) and any loss of or damage to property (whether property of either of the parties, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Contractor’s work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and regardless of whether such loss, damage, injury, or death was caused in whole or in part by the negligence of Harbor Transit.

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Schedule of ActivitiesPlease note that dates are subject to change based on Harbor Transit’s needs.Item Date RFP Issue Date June 9, 2014Deadline for Submitting Questions to Harbor Transit June 23, 2014Harbor Transit’s Reply to Questions June 30, 2014Closing Date for Receipt of Proposals July 8, 2014Bid Openings July 9, 2014Anticipated Notice to Proceed July 14, 2014

SECTION 3SCOPE OF WORK

Introduction

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Harbor Transit is using a set of principles to guide this procurement. These principles are seen throughout the RFP and must be addressed by the proposing offerors. These principles are as follows:

Proven Technology, Products, and Services - Harbor Transit is interested in purchasing proven technologies and contracting with companies with excellent track records.

Harbor Transit desires an integrated system - Harbor Transit is interested in purchasing technologies (as needed), and the related services that shall ensure a fully functioning set of technologies meeting the required specifications. The contractor shall be responsible for all aspects of the installation including the actions of all subcontractors.

Support of Products - Harbor Transit considers support of the product to be as important as the product itself. The contractor shall be held to a high standard as is specified in the RFP.

Performance/Functional Specifications - This scope of services allows for flexibility in developing a proposal. The focus of the procurement is on performance specifications. The offeror is frequently requested to use their best judgment (and explain in detail their approach) in meeting the specifications of this RFP.

Work to be performed by ContractorThe contractor shall provide integrated technology for Harbor Transit and the contractor shall do the following:

1. Supply proposed products.2. Conduct detailed training of all Harbor Transit staff.3. Provide manuals/training guides for Harbor Transit staff persons.4. Ensure successful implementation as required in this RFP within the required

timeframe.5. Provide on-going support/cooperation with Harbor Transit.6. Initial setup of reports.

Work to be performed by Harbor TransitHarbor Transit shall be required to be actively involved in the installation/implementation of the technology. This includes:

1. Provide work space for the contractor.2. Provide access to office space, and any other locations as needed by the contractor.3. Provide the necessary computers. 4. Ensure that staff is available for training.

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5. Provide data entry for data in hard copy format, assuring accuracy of the information.

6. Provide proper implementation support.

Functional SpecificationsAutomated Demand Response Transportation Management System

RESPOND TO ALL ASPECTS OF THE FUNCTIONAL SPECIFICATIONS THAT FOLLOW. Include a copy of the offeror’s software and hardware licenses for the prime and subcontractors for the software, and data entry device.

Harbor Transit shall utilize proven technologies and products. The Functional Specification is for an Automated Demand Response Transportation Management System.

The software must be able to meet the specifications described below in the Compliance Matrix. The text describes the required software system functions. Each function must be fully integrated into Harbor Transit system to allow for maximum flexibility. Harbor Transit requires a product that is based in the Windows format. The contractor must keep up with the latest appropriate version of Windows.

The following functional specifications are those required by Harbor Transit. Each offeror must address their capability to meet each of these specifications.

Harbor Transit shall entertain other options and recommendations if they can improve upon the current requirements.

Scope of Work Yes/No Comments

Technical RequirementsThe system must:1. Utilize a Standard Relational Database

Management System (SRDBMS) for its relational database

2. Utilize an industry standard computerized Geographic Information System (GIS) mapping system that can use commercially available geographic information datasets

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3. Reduce repetitive data entry by using table-lookups

4. Manage demand response with the ability to scale system to manage fixed route system within a single integrated application and database

5. Feature hosted architecture6. Offer multi-user functionality7. Support military time or a.m. / p.m. time

formatServer Requirements

8. Operating System: Windows Server 2008 (64 bit)

9. Processor Type: Minimum 2.7 GHz+64 bit quad core processor

10. Memory: Minimum 12-14 GB RAM11. Hard Drives: (8) 73 GB 15K RPM SAS

drives with RAID controller capable RAID 1+0 (RAID Ten).

12. SQL Server: Microsoft SQL Server 2008 SP3

Network Configuration RequirementsMust have at least 100/Mb sec network (using switches, no hubs) TCP/IP Protocol only.System Database BackupMust provide the ability to maintain a historical backup of the system database for a period of 7-8 years.

Software should have the ability to support offsite cloud backups.Security

The system administrator must be able to:13. Define the users and their job functions14. Define permissions for windows, window

functions and reports by job functionReport Generation

The user must be able to:15. Create ad hoc reports, with the use of an

industry-standard ad hoc report writer16. Initial setup for NTD S-10 reports

User DocumentationThe system must provide:17. On-line user documentation in a “.pdf” file

format

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18. Context sensitive on-line helpSystem Administrator Module

The system administrator must be able to:19. Define possible mobility types and passenger

types20. Define mobility aids (e.g. wheelchair,

ambulatory, oversize WC) and their corresponding loading / unloading delays and seat requirements

21. Define what constitutes a “late cancellation”22. Define fare types (e.g. adult, child) and

corresponding fare amounts23. Define fare payment methods such as cash

and ticket24. Specify billing agencies including name,

address, contact name and phone number25. Set a default fare, which can be overridden

at booking time26. Define eligibility types27. Define trip purposes28. Define onboard factors and pickup and drop-

off early/late windows by trip purpose29. Define billing codes and rules specifying the

percentage of the fare to be billed to each party

30. Define different rates for each service provider based on Passenger Type, Service Area Mobility Aid, Billing Code and/or Trip Code. The user must be able to specify whether the corresponding billing calculation can be based on Rate per Mile (with a minimum mileage, administrative fee and additional fee) or Flat Rate. Each Service Provider must be able to have multiple Service Provider Rates.

Customer ManagementThe user must be able to:31. Create an unlimited number of passengers32. Create a unique passenger identification

number33. Maintain the passenger’s name, address and

telephone numbers, gender, date of birth and Social Insurance Number/Social Security Number

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34. Maintain the passenger’s mobility aids and disabilities

35. Maintain the passenger’s registration status (i.e. active/inactive) and type

36. Maintain trip notes that display on driver manifests (paper and electronic) and during booking

37. Maintain passenger notes that display during booking

38. Provide totals of trips booked, unaccommodated, cancelled and no-shows

39. Provide date of last trip40. Maintain the registration start, end and

review dates41. Maintain scheduling information such as

attendants, special loading, pickup and drop-off requirements and travel restrictions (e.g. travel time, vehicles, drivers and trip purpose)

42. Maintain funding information such as eligibility codes and ADA eligibility categories

43. Maintain medical information such as medical condition, home attendants, medical waivers and Medicaid information

44. Maintain contact names, addresses and telephone numbers

45. Maintain mailing addresses46. Maintain a history of suspensions47. Allow the use of ad hoc fields48. Maintain the passenger’s e-mail address49. Maintain an audit log of each change to the

passenger’s record, including the date, user's name and reason for the change

50. Have multiple passenger records open simultaneously

51. Print detailed lists and summary reports of passengers

52. Print lists and mailing labels of passengers, filtered by registration status (i.e. active, inactive) and / or service area

53. Print lists and mailing labels of passengers with review dates approaching

GIS MapThe user must be able to:

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54. View trip starting points and destinations on the GIS map

55. View specified locations (e.g. City Hall) on the GIS map

56. View the street name or address of a location57. Geocode new locations automatically or

manually, when required58. View scale dependent map layers59. Zoom in and out, move around the map and

return the map to its original size and location

60. Update the map when required (no less than one update per year)

Scheduling Module and ParametersThe system administrator must be able to define:61. The default window of time around the

passenger’s trip time that the trip can be scheduled

62. The default driving speed63. The percentage of the average speed a

vehicle is likely to achieve for stops within certain distances.

64. Speed by time of day65. The number of days that the scheduler will

book trips in advance66. The maximum length of time that a

passenger should be on a vehicle for a single trip

67. The number of attendants that can travel with a passenger without paying a fare

68. Whether attendants can stand on a vehicle when all seats are occupied by eligible passengers

69. The default fare70. Ability to create user defined scheduling

profiles (ie. Monday vs. Wednesday) profile of scheduling parameters)

71. Rules for weighting trip candidates for trip insertions

72. How soon before and after the targeted trip time that the trip insertion routine can search for possible trip candidates

73. The maximum amount of time a Passenger should spend on a vehicle using a ratio of actual travel time to direct travel time

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74. Vehicle priority for scheduling purposesReservations Module

The user must be able to:75. Create demand and standing order bookings76. Find the passenger via passenger

identification number or passenger name77. Specify the number of companions

accompanying the passenger on a demand or standing order trip

78. Specify the number of attendants accompanying the passenger on a demand or standing order trip

79. View all other trips for that passenger during the initial phase of the booking process

80. Book a demand trip in one minute, while the passenger is on the phone

81. Manually assign the booking to a specific vehicle or let the system find the best vehicle for the trip

82. Lock the trip on a route to prevent the vehicle assignment from changing during batch scheduling

83. Select pick up locations and destinations from those previously used by the passenger

84. Select new locations from those used by other passengers by entering the full or partial address or place name information

85. Create and geocode a new location. Locations must be able to contain an address, apartment number, place name (e.g. Medical Centre), city, zip/postal code, telephone number and a note.

86. Set the return trip locations in one step87. Mark the trip as a priority for special

treatment in the batch scheduling process88. Target the pickup time or drop-off time or

both.89. View passenger alerts and special

instructions while creating the booking90. Record a trip authorization number for the

demand or standing order trip91. Book a monthly recurring trip such as “the

first Monday of each month”92. Enter a start date and an end date for the

standing order trip or leave it open-ended

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93. Assign the standing order to a holiday group so that trips will not be created on certain holidays

94. Add non-recurring additions to the standing order

95. Enter cancellations for specific dates so that trips will not be created on these dates

96. Modify standing order trips for the future97. Modify the standing order and specify when

the change is to be effective98. Create a trip that crosses or starts after

midnight.When a booking is created, the system must:99. Default the mobility aid, number of

attendants, early/late allowances, number of companions and loading delays to the passenger’s information

100. Determine the appropriate billing code(s) based on the trip purpose and the passenger’s funding information, such as eligibility, Medicaid and ADA eligibility

101. Warn the user if the passenger’s review date has passed

102. Warn the user if the passenger is suspended103. Warn the user if the trip is inconsistent with

the passenger’s travel restrictions104. Warn the user if the passenger has any

overlapping trips105. Calculate and display the passenger’s fare

based on the billing code selected106. Calculate and display the actual distance of

the trip107. List the billing codes for which the passenger

is eligible108. Prevent the user from booking a trip if the

vehicle is not available at the time of the trip or if the vehicle is not equipped with appropriate seating for the passenger

109. Identify the best trip candidates (i.e. vehicles) during the demand booking process and rank them according to user-definable weight factors, if the user does not manually assign the trip to a specific vehicle

110. Allow the user, once a vehicle has been selected, to review the completed trip before booking

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111. Display the early and late window at the time of booking, based on user-definable defaults, but allow the user to override them

The system must:112. Automatically generate standing order trips

for the ‘advance booking window’ at the beginning of each day

113. Mark as ‘Unaccommodated’ any ride request that cannot be accommodated for any reason. The dispatcher should have the option of putting a trip onto a waiting list for future consideration. When a trip status is set to ‘Unaccommodated’, the dispatcher should be able to assign a note to the trip indicating the reason for not accommodating.

Trip InsertionThe system must:114. Allow the user to insert a trip into an existing

schedule, using the maximum trip time and ‘on-board factor’ (i.e. the amount of time the passenger can travel relative to the direct travel time of the trip) constraints

115. Allow the user to override or modify these constraints during the trip insertion process

116. Compile a list of alternate trip times and vehicles without reorganizing the entire schedule

117. Generate trip options taking barrier constraints into consideration

Batch SchedulingThe system must be able to re-schedule the trips in a batch format that will:118. Optimize the schedule according to the

criteria specified.119. Minimize travel time120. Minimize non-revenue time121. Look for available times within the default

drop-off and pickup time window122. Add the loading/unloading delays for the

passenger to the travel time123. Assign priority and wheelchair assignments

first124. Consider the maximum onboard factor

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125. Calculate estimated vehicle time using estimated distance, average speed, speed by distance, speed by time of day and additional time required to cross or drive around barriers

126. Comply with vehicle capacities and passenger requirements

127. Find optimal times for driver breaks, within the shift break rules

128. Allow the user to exclude certain trips from the process

129. Allow the user to exclude certain routes/vehicles from the process

130. Allow the user to eliminate one or more routes/vehicles due to slow demand, vehicle problem, etc., and assign previously assigned trips to other routes

131. Display statistics for the schedule, including the number of scheduled and unscheduled trips

132. Display statistics for each vehicle, including:1. Vehicle hours2. Miles3. Number of Trips4. Passenger per Vehicle per Hour

(PPVH)5. Average Miles per Hour6. Average Ride Time7. Number of Wheelchair and Walker

Spots133. Be performed in less than 10 minutesThe user must be able to:134. Override the default average speed, speed

by distance, speed by time of day and on-board factor for the batch

135. Run the batch scheduler as many times as required

136. View the summary and details of the batch before committing the schedule

137. Save the parameters and schedule and load it later to view again or to compare to another schedule.

138. Implement the optimized schedule in less than a minute

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Dispatch ModuleThe user must be able to:139. View trips for a particular passenger, vehicle

or taxi, travel group and/or passenger group140. View trips in order of pickup time, drop-off

time, passenger ID, pickup location or drop-off location

141. View a route in trip order, stop order or graphically on a map

142. View trips that require driver notification143. View trips of a certain trip type such as driver

events, demand trips and/or standing order trips

144. View trips of a certain status such as scheduled, cancelled, no-show, moved, wait list, etc.

145. View modified trips only146. View trips with companions or attendants147. View the targeted trip time (i.e. pickup or

drop-off or both)148. Quickly access passenger information, such

as phone number and contact information via quick lookup feature

149. Modify trip details after the trip has been booked

150. Add, view, edit and/or delete a dispatch note for a particular trip

151. Reschedule a trip152. Review or evaluate ADA eligibility for a trip153. Mark a trip as a no-show154. Rebook a ‘wait-list’ trip155. Rebook a trip that was marked as ‘cancelled’

or ‘no-show’156. Cancel a trip157. Delete a trip158. Move one or more trips to a different vehicle

with drag and drop functionality159. View unscheduled trips and easily assign

them to a route or taxi service160. Add a shift for the dayThe system must be able to:161. Distinguish between early and late

cancellations

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162. Track modifications made to a trip including what was changed, when and by whom

Trip ReconciliationThe user must be able to enter actual trip details and other information after the trip date, including:163. The actual pickup and drop-off time for a trip164. The fare collected and the payment method

(i.e cash or ticket) for a trip165. The pickup and drop-off mileage for a trip

BillingThe system must be able to:166. Calculate the dollar amount charged to each

party based on the billing code rules, the fare amount and the co-pay amount, if any

167. Print the passenger portion of the fare on Driver Sheets

168. Create a report listing the amounts owed by each client or contract.

Americans with Disabilities Act (ADA)The user must be able to:169. Specify a passenger’s ADA Category (i.e. 1,

2 or 3)170. Specify whether a passenger’s eligibility is

permanent or temporary, and if temporary, enter a start date, end date and note

171. Specify an ADA Billing Code for ADA eligible passengers when booking trips

The system must be able to:172. Determine trip eligibility, based on the

Passenger’s ADA Category and their trip locations

Operational and Management ReportsThe system must include the following reports:173. Daily total of standing order trips, demand

trips, trips involving wheelchairs, walkers and/or attendants, no-shows, cancellations and unaccommodated trips

174. List of trips, including the date, passenger, billing code and trip purpose

175. Total of trips taken by trip type (e.g. standing order, demand) and those involving wheelchairs, walkers, attendants and other

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176. Total of no-shows and cancellations by trip type (e.g. standing order, demand) and trip purpose

177. List of all unaccommodated trips, including the passenger’s name and trip details

178. Total of unaccommodated wheelchair and ambulatory trips by time of day, day of the week and trip purpose

179. Vehicle productivity statistics180. Total, by Billing Code, of non-ambulatory and

ambulatory trips, escorts, no-shows and cancellations for the specified period and fleet

181. List of no-shows for the specified period, including the passenger’s name and no-show count (by standing order and demand trip)

182. List of early cancellations, for the specified period, including the passenger’s name and cancellation count (by standing order and demand trip)

183. List of late cancellations, for the specified period, including the passenger’s name and cancellation count (by standing order and demand trip)

184. Combined list of early and late cancellations185. List of trips by passenger, for the specified

period, including the pickup and drop-off time and address, fare and billing code

186. Summary, for the specified month, of the budget, actual funds used, estimated funds to be used (if mid-month) and remaining funds

187. Driver Sheets188. List and summary of trips by Billing Code,

filtered by Report Period, Billing Code and Trip Status (e.g. scheduled, no show, cancelled)

189. List and summary of trips by Agency filtered by Report Period, Agency and Trip Status.

190. List and summary of trips by Service Provider filtered by Report Period, Service Provider and Trip Status.

The user should be able to:

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191. Export trip information directly from the application, such as number of trips, total fare, total mileage, billed mileage, etc., using a variety of filters, for import into a billing system, word document, spreadsheet, report writer or other third party application for further use.

Driver Management ModuleThe user must be able to:192. Define possible employee statuses, types,

positions and skills193. Maintain information on employees such as:

1. ID number2. Name3. Address4. Phone numbers5. Start date6. End date7. License information8. Medical card expiration9. Birth date10. Gender11. E-mail address12. Extra fields13. Notes

194. Track training courses that the employee has completed, including the name of the course, the instructor’s name, hours, date and expiry date, if applicable.

195. Track contacts for the employee including their name, telephone number, address and contact type.

Vehicle Management ModuleThe user must be able to:196. Define possible vehicle statuses, types and

garage locations197. Create groups of vehicles (i.e. vehicle pools)

to prioritize the order of trip assignments, so that owned vehicles can be booked before contractors and taxis

198. Assign a vehicle to a service or funding source (i.e. ADA)

199. Maintain vehicle information such as:

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1. Name2. Vehicle identification number3. Seating capacity4. Typical loading and unloading delays5. Ownership information6. Status7. Year, make and model8. Assigned garage9. Maintain Fuel records including date,

gallons, fuel cost and odometer readingMobile Data Terminal (MDT) Module

The system must be able to:200. Allow dispatchers to move seamlessly

between all major components of the system without having to turn off or exit from other major components. Dispatchers must be able to perform multiple tasks, for example: continue to monitor vehicle schedules and locations while scheduling a new demand response trip request or while searching for individual vehicle location to respond to a customer information request.

201. Support Mobile Data Terminals (MDTs) via an interface that is independent of a particular equipment supplier or a particular method of communication

202. Mobile Data Computer must be readily available in local commercial retail outlets for ease-of-repair/replacement needs and must be portable and easily removed from the vehicle for overnight storage, to perform pre-and-post inspections and to utilize the devices built-in camera to create incident reports.

203. Communicate trip details to the driver through the MDT to eliminate the need for paper driver manifests and to facilitate the communication of last-minute schedule updates

204. Receive and maintain odometer readings and time stamps Odometer reading must be capable of carrying over.

205. Utilize a commercially available turn-by-turn Navigation platform with real-time traffic updates.

The dispatcher must be able to:

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201. Send messages to individual drivers, a group of drivers, or all drivers using user-definable canned messages or by entering free text messages.

206. Communicate cancellations or trip additions to the driver to eliminate radio traffic or manual writing of trip information on paper manifests.

The driver must be able to:207. View a list of upcoming stops on the MDT208. Select a trip and view detailed trip

information such as trip notes and mobility aids

209. Communicate pickups, drop-offs, no-shows and fare collections to the dispatcher through the MDT to eliminate the need for drivers to write such information on their driver manifests and for manual reconciliation and verification by office staff

210. Send a pre-defined message to the dispatcher via the MDT to save driver time and reduce radio traffic

211. View and respond to messages sent by the dispatcher. Ability to respond via yes/no or simply acknowledge messages received from dispatch.

Automatic Vehicle Location (AVL) ModuleThe system must be able to:212. Receive vehicle location data at frequent

intervals, including the vehicle’s location, speed, direction and the time of data capture

213. Maintain the vehicle status with respect to in-contact or out-of-contact

214. Store all communications and vehicle activity on the device when vehicle is out of coverage and then forward information to/from dispatch/MDT when vehicle gets back in coverage.

The user must be able to:215. View vehicle location, speed, direction and

status on the GIS Map216. View historical vehicle information on the GIS

Map by selecting the particular vehicle, schedule date and time

Schedule Adherence

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The system must be able to:217. Create customized alert for the management

and dispatch personnel218. Calculate, display and store the number of

minutes late for a particular pickup or drop-off219. Alert the dispatcher to late pickups and drop-

offs if the late minutes are greater than the user-definable threshold

220. Estimate the time of arrival of upcoming stops based on the actual data that is being collected and warn the dispatcher if the estimated time of arrival of upcoming trips will be outside of their acceptable scheduling windows

221. Disable late alerts and reporting when the vehicle is out-of-contact

The user must be able to:222. Disable late alerts and reporting in case the

communication system goes downOutbound Interactive Voice Response (IVR) Module

The system must be able to:223. Allow the passenger to obtain information on

their existing trips via outbound notifications without the assistance of an agent

224. Allow the passenger to cancel or confirm a trip over the telephone without the assistance of an agent

225. Deliver pre-arrival notifications via phone or email to passengers when the vehicle is a defined time period from the passenger pick-up (i.e. Notify passenger vehicle is 10 minutes away)

226. Automatically contact all passengers or a group of defined passengers to deliver floodgate messages about service changes, inclement weather, etc.

The user must be able to:227. View trips that have been confirmed and

cancelled via IVRIncidents, Accidents and Complaints Module

The user must be able to:228. Define possible incident types and reporting

methods229. Maintain incident information, including the:

1. Incident type

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2. Date and time of the incident3. Description of the incident

230. Reported date and time (system generated)1. Reporting method

231. Trip information such as Route Number, Vehicle Number, Scheduled Pickup Time and Location1. Driver involved2. Dispatcher that received the report3. Passenger4. Third parties or witnesses to the

incident232. Define a list of reviewers and resolvers for

each incident type233. View a list of incidents that require review234. View comments entered by other reviewers235. Review the incident and add reviewer

comments236. View a list of incidents that require resolution

or escalation237. View comments entered by other reviewers

and resolvers238. Review the incident and add resolver

comments239. Print detailed and summary reports of

incidents matching certain criteria

SynopsisThis document provides detailed technical and functional requirements for a fully automated demand-responsive scheduling and dispatch system.

The software solution must consist of modules that allow the property to select/add modules as required.

The following modules must be provided as part of the standard system:1. General system features (Security, Report Generation and User Documentation)2. System Administrator Module3. Customer Management Module4. Vehicle Management Module5. Driver Management Module6. ADA (Americans with Disabilities Act) Management

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7. Reservations Module8. Scheduling Module9. Dispatch Module 10. Mobile Data Terminals (MDT) Module11. Automatic Vehicle Location (AVL) Module12. Outbound Interactive Voice Response (IVR) Module

The following module must be available as an option:13. Incidents, Accident, and Complaints Module

TAB A - Qualifications and experience

1. Briefly introduce your firm, providing a summary of the administration, organization and staffing of your firm, including multiple offices, if applicable. Provide an organizational chart indicating the positions and names of the core management team which will undertake this engagement.

2. Identify the project manager and each individual who will work as part of this engagement. Include resumes for each person to be assigned. Include any professional designations and affiliations, certifications and licenses, etc.

3. Describe all experience of the firm in the last thirty six (36) months as it applies to the described scope of work in similar size and scope.

4. The same information must be provided for any associate firm or subcontractor.

TAB B - Rates and expenses

1. Provide a bid fee schedule broken down by item. Hardware, software, training, maintenance fees (if applicable), optional extended warranty must be priced separately. See form below.

TAB C - Timeline

1. Bids must include a detailed project timeline and outline of major tasks, and staff assigned for each category of the scope of work described herein.

TAB D - Methodology including technical approach and understanding of the scope of the project

1 Bids must include a narrative description of the Vendor’s plan for accomplishing the work and services to be provided to Harbor Transit.

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2. Bids must include a clear understanding of the scope or work, including a detailed project plan for this engagement outlining major tasks and responsibilities.

3. Bids shall clearly distinguish the Vendor’s duties and responsibilities and those of Harbor Transit. Absence of this distinction shall mean the Vendor is assuming full responsibility for all tasks.

TAB E – References

1. Provide references for similarly successful projects from governmental agencies (or regional districts), including the name of the agency, contact name, telephone, fax, and email address.

EVALUATION FACTORS After receipt of proposals, Harbor Transit will use the following criteria in the selection process:

Technical Requirements Items #1-#58 25 pts.(software, hardware, server ease of use)

Scheduling Module Items #59-#136 25 pts.(ease of use by Dispatchers)

Dispatch Module Items #137-#170 20 pts.

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Operational & Management Reports & Modules Items #171-#197 15 pts.(ease of use for driver management and vehicle management)

Mobile Data Terminals Module Items #198-#220 20 pts.(ease of use by Dispatchers and Drivers)

Outbound Interactive Voice Response Module Items #221-#225 15 pts.(ease of use by customers)

Incidents, Accidents and Complaints Module Items #226-#237) 10 pts.

Additionally:Initial Costs, Future Costs, and On-going Costs 20 pts.

(from Bid Proposal Form)Training 10 pts.Technical Support 5 pts.Warranty 10 pts.Total Points 175 pts.

Oral Interviews and Product DemonstrationDuring the evaluation process, Harbor Transit may choose to interview a select number of proposers. Proposers should be prepared to make a presentation to Harbor Transit including an operating demonstration of the proposed equipment and software.

SECTION 4BID PROPOSAL FORM

AUTOMATED DEMAND RESPONSETRANSPORTATION MANAGEMENT SYSTEM

Directions: Please complete the Bid Proposal Form below. Along with this required form, please submit supporting documentation where needed. If you need additional space, please attach additional pages. Harbor Transit reserves the right to request additional cost information for clarification purposes during the evaluation period. The undersigned certifies that he or she offers to furnish materials in strict accordance with the requirements of this bid including the Terms and Conditions, Specifications, Bid Form and has reviewed any questions and answers posted on the Harbor Transit website on or after July 2nd, 2014, and the prices quoted are correct. This bid may not be withdrawn for a period of ninety (90) days from the due date noted above.

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Demand Response SoftwareLicenses & Record Storage Quantity Rates CostDemand Software Licenses 6 $ $Reporting Package (If Required) $ $GIS Data $ $Server (refer to specifications in Scope of Work, items #8-#12) 1 $

Network Configuration $Maintenance of database backup for 7-8 years $

Cost of offsite cloud backup for 7-8 years $Sub Total $Implementation Hours Rates CostProject Management $ $Phase 0 - Initiate $ $Phase 1 - Design $ $Phase 2 - Build $ $Phase 3 - Educate $ $Phase 4 - Deployment $ $Phase 5 - System Acceptance $ $Sub Total $Travel Quantity Rates CostTravel Expense 1 $ $Sub Total $

First Year Support and Maintenance $

First Year Total $ Second Year Support and Maintenance $ Third Year Support and Maintenance $ Fourth Year Support and Maintenance $ Fifth Year Support and Maintenance $

Mobile Data - Vehicle TrackingLicenses Quantity Rates CostMDC/AVL Software & Mobile Application Licenses 22 $ $Sub Total $Hardware Quantity Rates CostMobile Data Hardware 22 $ $Sub Total $Implementation Hours Rates CostProject Management $ $

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Phase 0 - Initiate $ $Phase 1 - Design $ $Phase 2 - Build $ $Phase 3 - Educate $ $Phase 4 - Deployment $ $Phase 5 - System Acceptance $ $Sub Total $Travel Quantity Rates CostTravel $ $Sub Total $Installation Quantity Rates CostMobile Data Computer 22 $ $Sub Total $Data Plan Quantity Rates CostAnnual Cellular Data Plan 22 $ $Sub Total $



Outbound IVR Notification SystemLicenses Quantity Rates CostSoftware / Module Licenses $ $Total $Implementation Hours Rates CostProject Management $ $Phase 0 - Initiate $ $Phase 1 - Design $ $Phase 2 - Build $ $Phase 3 - Educate $ $Phase 4 - Deployment $ $Phase 5 - System Acceptance $ $Total $

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Travel Quantity Rates CostTravel Expense $ $Sub Total $Outbound IVR Hardware / Service Quantity Rates CostPlease provide list of components $ $Total $



Complaints, Accidents, AccommodationsLicenses Quantity Rates CostModule Licenses 6 $ $Sub Total $Implementation Hours Rates CostProject Management $ $Phase 0 - Initiate $ $Phase 1 - Design $ $Phase 2 - Build $ $Phase 3 - Educate $ $Phase 4 - Deployment $ $Phase 5 - System Acceptance $ $

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Sub Total $Travel Quantity Rates CostTravel Expense 1 $ $Sub Total $



TOTAL ALL SECTIONS

First Year Support and Maintenance $ Second Year Support and Maintenance $ Third Year Support and Maintenance $ Fourth Year Support and Maintenance $ Fifth Year Support and Maintenance $

(Failure to complete this form and to submit it with your offer may render this offer non-responsive).

I hereby state that all of the information I have provided is true, accurate and complete. I hereby state that I have the authority to submit this proposal which will become a binding contract if accepted by Harbor Transit. I hereby state that I have not communicated with nor otherwise colluded with any other bidder, nor have I make any agreement with nor offered/accepted anything of value to/from an official or employee of Harbor Transit that would tend to destroy or hinder free competition.

I hereby state that I have read, understand and agree to be bound by all terms and conditions of this proposal document.SIGNED: ____________________________________ NAME: ___________________________________

(Type or Print)

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The firm’s identification information provided will be used by the Harbor Transit for purchase orders, payment and other contractual purposes. If the contractual relationship is with, or the payment made to, another firm please provide a complete explanation on your letter head and attach to your proposal. Please provide for accounts payable purposes:

Tax Identification Number (Federal ID):________________________Remittance Address:____________________________________________________________


TITLE: ______________________________________ DATE: ____________________________________

FIRM NAME: ____________________________________________________________________________ (if any)

ADDRESS: _______________________________________________________________________________(Street address) (City) (State) (Zip)

PHONE: ________________________________ FAX NUMBER: ____________________________

EMAIL ADDRESS: _________________________________________________________________________

SECTION 5

Required MDOT and FTA Clauses

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Michigan Department MATERIALS AND SUPPLIES Of Transportation MORE THAN $100,0003165 (02/14) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by U.S. DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by U.S. DOT, as set forth in the Federal Transit Administration (FTA) Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The ( ) , hereafter referenced as “CONTRACTOR” shall not perform any act, fail to perform any act, or refuse to comply with Harbor Transit, hereafter referenced as “AGENCY,” requests which would cause AGENCY to be in violation of the FTA terms and conditions. BUY AMERICA REQUIREMENTS (For Rolling Stock over $100,000) The CONTRACTOR agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11.

Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA CONTRACTOR the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

Certification requirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.

SIGNATURE DATE

NAME TITLE

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Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

SIGNATURE DATE

NAME TITLE

MDOT 3165 (02/14)

Certification requirement for procurement of buses, other rolling stock and associated equipment.

Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.

SIGNATURE DATE

NAME TITLE

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.

SIGNATURE DATE

NAME TITLE

LOBBYING (For projects over $100,000)

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New

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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 CONTRACTOR. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)

The undersigned [CONTRACTOR] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, “Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide

MDOT 3165 (02/14) Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995

(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file

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or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The CONTRACTOR, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the CONTRACTOR understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

Signature of CONTRACTOR’S Authorized Official

Name and Title of CONTRACTOR’S Authorized Official Date

NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The AGENCY 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 AGENCY, 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. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS The CONTRACTOR acknowledges and agrees that: (1) Civil Fraud. 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 the CONTRACTOR’s activities in connection with the Project. By executing the Grant Agreement or Cooperative Agreement for the Project, the CONTRACTOR certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project. In addition to other penalties that may apply, the CONTRACTOR also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal Government, the Federal Government reserves the right to impose on the CONTRACTOR the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal Government deems appropriate. (2) Criminal Fraud. If the CONTRACTOR makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal Government or includes a false, fictitious, or fraudulent statement or representation in any agreement with the Federal Government in connection with a

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Project authorized under 49 U.S.C. chapter 53 or any other Federal law, the Federal Government reserves the right to impose on the CONTRACTOR the penalties of 49 U.S.C. § 5323(l), 18 U.S.C. § 1001, or other applicable Federal law to the extent the Federal Government deems appropriate.

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MDOT 3165 (02/14) ACCESS TO THIRD PARTY CONTRACT RECORDS The AGENCY agrees to require, and assures that its CONTRACTOR require, their third party contractors and third party subcontractors at each tier to provide to the U.S. Secretary of Transportation and the Comptroller General of the United States or their duly authorized representatives, access to all third party contract records as required by 49 U.S.C. § 5325(g). The CONTRACTOR further agrees to require, and assures that its subcontractors require, their third party contractors and third party subcontractors, at each tier, to provide sufficient access to third party procurement records as needed for compliance with Federal laws and regulations or to assure proper Project management as determined by FTA. CHANGES TO FEDERAL REQUIREMENTS The CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between AGENCY and FTA, as they may be amended or promulgated from time to time during the term of this contract. The CONTRACTOR's failure to so comply shall constitute a material breach of this contract in compliance with 49 CFR Part 18. TERMINATION (For projects over $10,000) a. Termination for Convenience (General Provision) The AGENCY 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 in compliance with 49 U.S.C. Part 18/FTA Circular 4220.1F. 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 AGENCY to be paid. If the CONTRACTOR has any property in its possession belonging to the AGENCY, the CONTRACTOR will account for the same, and dispose of it in the manner the AGENCY directs. b. 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 AGENCY 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

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contract. If it is later determined by the AGENCY 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 AGENCY, 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. c. Opportunity to Cure (General Provision) The AGENCY in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten(10) days 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 AGENCY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by CONTRACTOR of written notice from AGENCY setting forth the nature of said breach or default, AGENCY 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 AGENCY from also pursuing all available remedies against CONTRACTOR and its

sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that AGENCY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Contract, such waiver by AGENCY shall not limit AGENCY 's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The AGENCY, 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 AGENCY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

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MDOT 3165 (02/14) f. 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 AGENCY may terminate this contract for default. The AGENCY 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 CONTRACTOR. g. 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 AGENCY may terminate this contract for default. The AGENCY 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 AGENCY goods, the CONTRACTOR shall, upon direction of the AGENCY, protect and preserve the goods until surrendered to the AGENCY or its agent. The CONTRACTOR and AGENCY 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 AGENCY. h. 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 AGENCY may terminate this contract for default. The AGENCY shall terminate by delivering to the CONTRACTOR a Notice of Termination specifying the nature of the default. In this event, the AGENCY may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The CONTRACTOR and its sureties shall be liable for any damage to the AGENCY 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 AGNECY in completing the work. The CONTRACTOR's right to proceed shall not be terminated, nor the CONTRACTOR charged with damages under this clause if: 1. 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 AGENCY, acts of another CONTRACTOR in the performance of a contract with the CONTRACTOR, epidemics,

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quarantine restrictions, strikes, freight embargoes; and 2. the CONTRACTOR, within [10] days from the beginning of any delay, notifies the AGENCY in writing of the causes of delay. If in the judgment of the AGENCY, the delay is excusable, the time for completing the work shall be extended. The judgment of the AGENCY shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. a. 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 CONTRACTOR. i. Termination for Convenience or Default (Architect and Engineering) The AGENCY may terminate this contract in whole or in part, for the CONTRACTOR's convenience or because of the failure of the CONTRACTOR to fulfill the contract obligations. The AGENCY 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 CONTRACTOR, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. MDOT 3165 (02/14) If the termination is for failure of the CONTRACTOR to fulfill the contract obligations, the AGENCY may complete the work by contract or otherwise and the CONTRACTOR shall be liable for any additional cost incurred by the AGENCY. 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 CONTRACTOR. j. Termination for Convenience of Default (Cost-Type Contracts) The AGENCY 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 AGENCY or for the default of the CONTRACTOR. If the termination 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 AGENCY, or property supplied to the CONTRACTOR by the AGENCY. If the termination is for default, the AGENCY 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 AGENCY and the parties shall negotiate the termination settlement to be paid the CONTRACTOR. If the termination is for the convenience of the AGENCY, 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 AGENCY 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 AGENCY, after setting up a new work schedule, may allow the CONTRACTOR to continue work, or treat the termination as a termination for convenience.

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CIVIL RIGHTS (For projects over $10,000) The CONTRACTOR agrees to comply with all applicable civil rights laws and regulations, in accordance with applicable Federal directives, except to the extent that the Federal Government determines otherwise in writing. These include, but are not limited to, the following: a. Nondiscrimination in Federal Public Transportation Programs. The CONTRACTOR agrees to comply, and assures the compliance of each subcontractor, lessee, third party contractor, or other participant at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity. b. Nondiscrimination – Title VI of the Civil Rights Act. The CONTRACTOR agrees to comply, and assures the compliance of each subcontractor, lessee, third party contractor, or other participant at any tier of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., and with U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act,” 49 C.F.R. Part 21. Except to the extent FTA determines otherwise in writing, the CONTRACTOR agrees to follow all applicable provisions of the most recent edition of FTA Circular 4702.1A, “Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients,” and any other applicable Federal directives that may be issued. c. Equal Employment Opportunity. The CONTRACTOR agrees to comply, and assures the compliance of each subcontractor, lessee, third party contractor, or other participant at any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and implementing Federal regulations and any later amendments thereto. Except to the extent FTA determines otherwise in writing, the CONTRACTOR also agrees to follow all applicable Federal EEO directives that may be issued. Accordingly: (1) General. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. 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, religion, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotions or transfers, recruitment or recruitment advertising, layoffs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) Equal Employment Opportunity Requirements for Construction Activities. For activities determined by the U.S.

MDOT 3165 (02/14)

Department of Labor (U.S. DOL) to qualify as “construction,” the CONTRACTOR agrees to comply and assures the compliance of each subcontractor, lessee, third party contractor, or other participant, at any tier of the Project, with all requirements of U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq.; with implementing Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note, and with other applicable EEO laws and regulations, and also agrees to follow applicable Federal directives, except as the Federal Government determines otherwise in writing. d. Nondiscrimination on the Basis of Sex. The CONTRACTOR agrees to comply with all

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applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., and with implementing U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 25, that prohibit discrimination on the basis of sex. e. Nondiscrimination on the Basis of Age. The CONTRACTOR agrees to comply with all applicable requirements of: (1) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 6101 et seq., and with implementing U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. Part 90, which prohibit discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal financial assistance. (2) The Age Discrimination in Employment Act (ADEA) 29 U.S.C. §§ 621 through 634 and with implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. Part 1625, which prohibits discrimination against individuals on the basis of age. f. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable, the CONTRACTOR agrees to comply with the confidentiality and civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et seq., the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 290dd through 290dd-2, and any amendments thereto. g. Access to Services for Persons with Limited English Proficiency. The CONTRACTOR agrees to facilitate compliance with the policies of Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” 42 U.S.C. § 2000d-1 note, and follow applicable provisions of U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005, except to the extent that FTA determines otherwise in writing. h. Environmental Justice. The CONTRACTOR agrees to facilitate compliance with the policies of Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” 42 U.S.C. § 4321 note, except to the extent that the Federal Government determines otherwise in writing. i. Other Nondiscrimination Laws. The CONTRACTOR agrees to comply with applicable provisions of other Federal laws and regulations, and follow applicable Federal directives prohibiting discrimination, except to the extent the Federal Government determines otherwise in writing. DISADVANTAGED BUSINESS ENTERPRISE To the extent authorized by Federal law, the CONTRACTOR agrees to facilitate participation by Disadvantaged Business Enterprises (DBEs) in the Project and assures that each subcontractor, lessee, third party contractor, or other participant at any tier of the Project will facilitate participation by DBEs in the Project to the extent applicable as follows: (1) The CONTRACTOR agrees and assures that it shall comply with section 1101(b) of SAFETEA-LU, 23 U.S.C. § 101 note, and U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises

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in Department of Transportation Financial Assistance Programs,” 49 C.F.R. Part 26. (2) The CONTRACTOR agrees and assures that it shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of any subagreement, lease, third party contract, or other arrangement supported with Federal assistance derived from U.S. DOT in the administration of its DBE program and shall comply with the requirements of 49 C.F.R. Part 26.

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MDOT 3165 (02/14) The CONTRACTOR agrees to take all necessary and reasonable steps as set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all subagreements, leases, third party contracts, and other arrangements supported with Federal assistance derived from U.S. DOT. As required by 49 C.F.R. Part 26, the CONTRACTOR’s DBE program approved by U.S. DOT, if any, is incorporated by reference and made part of the Grant Agreement or Cooperative agreement for the Project. The CONTRACTOR agrees that it has a legal obligation to implement its approved DBE program, and that its failure to carry out that DBE program shall be treated as a violation of the Grant Agreement or Cooperative Agreement for the Project and this Master Agreement. Upon notification by U.S. DOT to the CONTRACTOR of the CONTRACTOR’s failure to implement its approved DBE program, U.S. DOT may impose the sanctions as set forth in 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter to the appropriate Federal authorities for enforcement under 18 U.S.C. § 1001, or the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801 et seq., or both. DEBARMENT AND SUSPENSION (For projects over $25,000) The CONTRACTOR agrees to comply, and assures the compliance of each subcontractor, lessee, third party contractor, or other participant at any tier of the Project, with Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, and U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. Part 180. The CONTRACTOR agrees to, and assures that its

subcontractors, lessees, third party contractors, and other participants at any tier of the Project will, review the “Excluded Parties Listing System” at https://www.sam.gov/portal/public/SAM/ before entering into any subagreement, lease, third party contract, or other arrangement in connection with the Project. BREACHES AND DISPUTE RESOLUTION (For project over $100,000) In compliance with 49 CFR Part 18/FTA Circular 4220.1F: 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 AGENCY. 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 AGENCY. 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 AGENCY shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide be the decision.

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Performance During Dispute - Unless otherwise directed by AGENCY, 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 AGENCY 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 State in which the AGENCY 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 AGENCY 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.

CLEAN AIR (For project over $100,000) (1) The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant

MDOT 3165 (02/14) to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq/40 CFR 15.61/49 CFR Part 18. The CONTRACTOR agrees to report each violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

CLEAN WATER REQUIREMENTS (For project over $100,000) (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 AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CARGO PREFERENCE REQUIREMENTS (FOR PROPERTY TRANSPORTED BY OCEAN VESSEL) Use of United States-Flag Vessels - The CONTRACTOR agrees in compliance with 46 U.S.C. 1241/46 CFR

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Part 381: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to MDOT (through the CONTRACTOR in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. FLY AMERICA (FOR FOREIGN AIR TRANSPORT OR TRAVEL) The CONTRACTOR understands and agrees that the Federal Government will not participate in the costs of international air transportation of any individuals involved in or property acquired for the Project unless that air transportation is provided by U.S.-flag air carriers to the extent such service is available, in compliance with section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. GSA regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 through 301-10.143. ENERGY CONSERVATION The CONTRACTOR agrees to comply with applicable mandatory energy efficiency standards and policies of applicable State energy conservation plans issued in accordance with the Energy Policy and Conservation Act, as amended, 42 U.S.C. §§ 6321 et seq., except to the extent that the Federal Government determines otherwise in writing. To the extent applicable, the CONTRACTOR agrees to perform an energy assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided in FTA regulations, “Requirements for Energy Assessments,” 49 C.F.R. Part 622, Subpart C. PREFERENCE FOR RECYCLED PRODUCTS (CONTRACTS FOR ITEMS DESIGNATED BY EPA, WHEN PROCURING $10,000 OR MORE PER YEAR) To the extent applicable, the CONTRACTOR agrees to comply with the U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R.

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Part 247, which implements section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962. Accordingly, the CONTRACTOR agrees to provide a competitive preference for products and

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MDOT 3165 (02/14) services that conserve natural resources, protect the environment, and are energy efficient, except to the extent that the Federal Government determines otherwise in writing. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS (ITS) ARCHITECTURE AND STANDARDS (For all ITS projects) To the extent applicable, the CONTRACTOR agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing. ACCESS FOR INDIVIDUALS WITH DISABILITIES The CONTRACTOR agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The CONTRACTOR also agrees to comply with all applicable provisions of section 04 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of programs or activities receiving Federal financial assistance; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition, the CONTRACTOR agrees to comply with applicable implementing Federal regulations, and any later amendments thereto, and agrees to follow applicable Federal implementing directives, except to the extent FTA approves otherwise in writing. Among those regulations and directives are: (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. ATBCB)/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. General Services Administration (U.S. GSA) regulations, “Accommodations for the Physically Handicapped,” 41 C.F.R. Subpart 101-19; (7) U.S. EEOC, “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; (9) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility

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Standards,” 36 C.F.R. Part 1194; (10) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing. STATE, TERRITORIAL, AND LOCAL LAW Should a Federal law pre-empt a State, territorial, or local law, regulation, or ordinance, the CONTRACTOR must comply with the Federal law and implementing regulations. Nevertheless, no provision of the Grant

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MDOT 3165 (02/14) Agreement or Cooperative Agreement for the Project, or this Master Agreement requires the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in

contravention of State, territorial, or local law, regulation, or ordinance. Thus if compliance with any provision of the Grant Agreement or Cooperative Agreement for the Project, or this Master Agreement violates or would require the CONTRACTOR to violate any State, territorial, or local law, regulation, or ordinance, the CONTRACTOR agrees to notify FTA immediately in writing. Should this occur, FTA and the CONTRACTOR agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project expeditiously.

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APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS

The Michigan Department of Transportation has a responsibility to ensure that contractors comply with federal contracting requirements, including equal opportunity requirements, and to assist in and cooperate with Federal Highway Administration (FHWA) programs to ensure that equal opportunity is afforded to all. In connection with the performance of work under this contract, the contractor, for itself, its assignees, and its successors in interest (hereinafter referred to as the “contractor”), agrees as follows: 1. In accordance with Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act), the contractor shall not

discriminate against an employee or applicant for employment with respect to hire, tenure, treatment, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. A breach of this covenant will be regarded as a material breach of this contract. In accordance with Public Act 220 of 1976 (Persons with Disabilities Civil Rights Act), as amended by Public Act 478 of 1980, the contractor shall not discriminate against any employee or applicant for employment with respect to tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. A breach of the above covenants will be regarded as a material breach of this contract. Furthermore, on any federally-assisted contract, the contractor and subcontractor shall comply with the equal employment opportunity provisions of 23 CFR Subpart D-- Construction Contract Equal Employment Opportunity Compliance Procedures, 49 CFR Part 21--Non-Discrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, Executive Order 11246, Title VII of the Civil Rights Act of 1964 (Title VII), Public Act 220 of 1976, and Public Act 453 of 1976.

2. The contractor will take affirmative action to ensure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, sex, height, weight, marital status, or any disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the following: employment; treatment; upgrading; demotion or transfer; recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

3. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age, sex, height, weight, marital status, or disability that is unrelated to the individual’s ability to perform the duties of a particular job or position.

4. The contractor or its collective bargaining representative shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice advising such labor union or workers’ representative of the contractor’s commitments under this Appendix.

5. The contractor shall comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission that may be in effect prior to the taking of bids for any individual state project.

6. The contractor shall furnish and file compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission; said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor, as well as the contractor itself, and said contractor shall permit access to the contractor’s books, records, and accounts by the Michigan Civil Rights Commission and/or its agent for the purposes of investigation to ascertain compliance under this contract and relevant rules, regulations, and orders of the Michigan Civil Rights Commission.

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7. In the event that the Michigan Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this contract, the Michigan Civil Rights Commission may, as a part of its order based upon such findings, certify said findings to the State Administrative Board of the State of Michigan, which State Administrative Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, including the governing boards of institutions of higher education, until the contractor complies with said order of the Michigan Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Michigan Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Michigan Civil Rights Commission to participate in such proceedings.

8. The contractor agrees to cooperate with the Department’s Project Manager or designee and the Department’s Equal Employment Opportunity Officer to resolve any complaints brought against the contractor or any subcontractor on any federally assisted project or program by an employee, applicant for employment, or employee of the Department, regardless of whether or not the employee is employed by the contractor, subcontractor, or the Department, or is an applicant for employment, alleging prohibited discrimination. Prohibited discrimination includes, but is not limited to, sexual harassment, racial discrimination, and other protected categories set forth under Title VII and Public Act 453 of 1976.

9. The contractor shall comply with 23 CFR Subpart D and Executive Order 11246, and as such, the contractor or subcontractor shall conduct a prompt, thorough, and fair investigation of all complaints brought forward under Title VII and Public Act 453 of 1976, in cooperation with the Department’s Equal Employment Opportunity Officer.

10. The contractor shall provide a written report detailing the findings of the investigation to the Department’s Project Manager and Equal Employment Opportunity Officer when the complaint made against the contractor is by a Department employee or by an applicant for employment. The Department’s Equal Employment Opportunity Officer shall review the report for compliance with 23 CFR Subpart D. It is the Department’s intent to correct any current acts and prevent any future acts of discrimination arising out of a Title VII or Public Act 453 of 1976 complaint. Title VI complaints will be addressed through the Contractor Compliance Section in the Department’s Office of Business Development.

11. The contractor shall include or incorporate by reference the provisions of all applicable covenants set forth in Sections 1 through 10 above in all subcontracts and purchase orders unless exempted by rules, regulations, or orders of the Michigan Civil Rights Commission; all subcontracts and purchase orders will also state that said provisions will be binding upon each subcontractor or supplier.

Application: 1. On any federally assisted contract, the contractor and subcontractor agree to comply with the equal

employment opportunity provisions of 23 CFR Subpart D, 49 CFR Part 21, Executive Order 11246, Title VII, Public Act 220 of 1976, and Public Act 453 of 1976.

2. FHWA responsibilities under 23 CFR Part 230.405: The FHWA has the responsibility to ensure that contractors meet contractual equal opportunity requirements under Title 23 USC and to provide guidance and direction to states in the development and implementation of a program to ensure compliance with equal employment opportunity requirements.

3. FHWA Order 4710.8 clarifies that the Office of Federal Contract Compliance Programs of the Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and its implementing regulations.

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4. Failure of the Department to discharge the responsibilities set forth in 23 CFR Part 230.405(b)(1) may result in the U.S. Department of Transportation taking any or all of the following actions (see 23 CFR Part 630, Subpart C, Appendix A): i) canceling, terminating, or suspending the federal aid project agreement in whole or in part; ii) refraining from extending any further assistance to the Department for the program under which

the failure or refusal occurred until satisfactory assurance of compliance is received from the Department; and

iii) referring the case to the appropriate federal agency for legal proceedings.

Revised March 2010

APPENDIX B TITLE VI ASSURANCE

During the performance of this contract, the contractor, for itself, its assignees, and its successors in interest (hereinafter referred to as the “contractor”), agrees as follows:

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1. Compliance with Regulations: For all federally assisted programs, the contractor shall comply with the nondiscrimination regulations set forth in 49 CFR Part 21, as may be amended from time to time (hereinafter referred to as the Regulations). Such Regulations are incorporated herein by reference and made a part of this contract. Furthermore, on any federally assisted contract, the contractor and subcontractor shall comply with the equal employment opportunity provisions of 23 CFR Subpart D--Construction Contract Equal Employment Opportunity Compliance Procedures, 49 CFR Part 21--Non-Discrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, Executive Order 11246, Title VII of the Civil Rights Act of 1964, Public Act 220 of 1976 (Persons with Disabilities Civil Rights Act), and Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act).

2. Nondiscrimination: The contractor, with regard to the work performed under the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection, retention, and treatment of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when the contractor covers a program set forth in Appendix B of the Regulations.

3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: All solicitations made by the contractor, either by competitive bidding or by negotiation for subcontract work, including procurement of materials or leases of equipment, must include a notification to each potential subcontractor or supplier of the contractor’s obligations under the contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined to be pertinent by the Department or the Federal Highway Administration in order to ascertain compliance with such Regulations or directives. If required information concerning the contractor is in the exclusive possession of another who fails or refuses to furnish the required information, the contractor shall certify to the Department or the Federal Highway Administration, as appropriate, and shall set forth the efforts that it made to obtain the information.

5. Sanctions for Noncompliance: In the event of the contractor’s noncompliance with the nondiscrimination provisions of this contract, the Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, the following: a. Withholding payments to the contractor until the contractor complies; and/or b. Canceling, terminating, or suspending the contract, in whole or in part.

6. Incorporation of Provisions: The contractor shall include the provisions of Sections (1) through (6) in every subcontract, including procurement of material and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department or the Federal Highway Administration may direct as a means of enforcing such provisions, including sanctions for non-compliance, provided, however, that in the event a contractor becomes involved in or is threatened with litigation from a subcontractor or supplier as a result of such direction, the contractor may request the Department to

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enter into such litigation to protect the interests of the state. In addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Revised March 2010

Automated Demand Response Transportation Management System

Quote Comparison Score Sheet

RequirementsPoints

Awarded(Vendor Name) (Vendor Name) (Vendor Name) (Vendor Name)

Proposal Timely Received

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N/ApTechnical Requirements(Items #1-#58) 25pts.

Scheduling Module(Items #59-#136) 25pts.

Dispatch Module(Items #137-#170) 20pts.Oper. & Mgmt. Modules

(Items #171-#197) 15pts.Mobile Data Terminals

(Items #198-#220) 20pts.O. I. Voice Response

(Items #221-#225) 15pts.Incidents/Acc./Complaints

(Items #226-#237) 10pts.

From Bid Proposal:

Initial/Future Costs 20pts.

Training 10pts.

Technical Support 5pts.

Warranty 10pts.

TOTAL POINTS (175pts.)

First yr. support/maint. N/Ap $ $ $ $

Second yr. support/maint. N/Ap $ $ $ $

Third yr. support/maint. N/Ap $ $ $ $

Fourth yr. support/maint. N/Ap $ $ $ $

Fifth yr. support/maint. N/Ap $ $ $ $

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SECTION 6

FORMS TO BE COMPLETED

(FEDERAL TRANSIT ADMINISTRATION TERMS AND CONDITIONS)

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CERTIFICATION OF PRIMARY PARTICIPANTREGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

The Bidder, , (insert name of company) 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-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 statement, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

(If the primary participant (applicant for an UMTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.)

THE BIDDER , 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

Subscribed and sworn to before me this day of , 20 __.

Notary Public in and for the State of ___________, residing in ________

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BUY AMERICA CERTIFICATION

The Bidder hereby certifies that it will comply with the requirements of Section 165(b)3 of the Surface Transportation Assistance Act of 1982 and the regulations in 49 CFR Part 661.11.

Date

Signature

Title

OR

The bidder hereby certifies that it cannot comply with the requirements of Section 165(b)3 of the Surface Transportation Act of 1982, but may qualify for an exception to the requirement pursuant to Section 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act and regulations in 49 CFR 661.7.

Date

Signature

Title

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APPENDIX A, 49 CFR PART 20 - CERTIFICATION REGARDING LOBBYINGCertification for Contracts, Grants, Loans, and Cooperative Agreements

(To be submitted with each bid or offer exceeding $100,000)The undersigned [Contractor] certifies, to the best of his or her knowledge and belief that:(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)](3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.§ 1352 (as amended by the Lobbying Disclosure Act of 1995). any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801, et seq., apply to this certification and disclosure, if any.

Signature of Contractor's Authorized Official

Name and Title of Contractor's Authorized Official

Date

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NON-COLLUSION AFFIDAVIT

STATE OF

COUNTY OF

, being first duly sworn, on his oath says that he is

that the bid above submitted is a genuine and not a sham or a collusive bid, or made in the interest of or on

behalf of any person not herein named; and he further states that the said bidder has not directly or

indirectly induced or solicited any other bidder for the above work or supplies to put in a sham bid, or any

other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by

collusion to secure to self advantage over any other bidder or bidders.

SIGN HERE

Subscribed and sworn to before me this day of , 20 _______.

____________________________

Notary Public in and for the State of ___________, residing in ________

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