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Multi-Modal Transportation System

Automated
Demand
Response 201
4
Transportation
Management
System
Request For
Proposal
Harbor Transit Automated Demand Response Transportation System

Table of Contents

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

Section 2
Terms and
Conditions..4

Schedule of Activities.
...21

Section 3
Scope of
Work.2
2

Section 4
Bid Proposal
Form...43

Section 5
Required MDOT and FTA
Clauses...48

Appendix A: Prohibition of Discrimination in State


Contracts60

Appendix B: Title VI
Assurance...63

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

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Harbor Transit Automated Demand Response Transportation System

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 1970s. 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
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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 Goals


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

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.

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SECTION 2
TERMS AND CONDITIONS OF INVITATIONS FOR PROPOSALS
PROCUREMENT 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 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 contractors 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 contractors 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.
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(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 Transits 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

(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 Manager


Harbor Transit
440 North Ferry Street
Grand Haven, MI 49417-1124
Telephone: (616)842-3220
FAX: (616)847-3477
EMAIL: sthomae@grandhaven.org

2.3 PROJECT STAFF

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(a) Project Staff will consist of the following personnel:


Sue Thomae, Customer Care/Compliance Manager
Anthony Dionise, Operations Manager
Tom Manderscheid, Transportation Director
Shelly Converse, Lead Dispatcher
Patrick 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

(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 Transits option, until April 14,
2015. Provided, however, that the contractors 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.

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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 respondents ability to be creative
and to meet the 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
contractors proposal are identified, Harbor Transit and the contractor will discuss
the contractors 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.
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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 Transits 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 Transits needs is an important factor in evaluation.
Completion of Tab A (Qualifications and Experience) will be required to provide
information on the contractors background, marketing and risk management
services. (See Section 3 Scope of Work)

(c) Ability to complete the project, in Harbor Transits 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 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 Transits satisfaction.

(h) Following Harbor Transits 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.

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(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 Transits
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 contractors 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

(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
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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 Transits 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 Transits 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 contractors 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 Transits
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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. 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
Transits 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 manufacturers 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 manufacturers 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
manufacturers standard warranty from the date the equipment is put into service
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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)
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
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(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
Clerks 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 Clerk
519 Washington Street
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:
sthomae@grandhaven.org.

(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
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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

(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 Transit
Attn: Accounts Payable
519 Washington Ave.
Grand Haven, MI 49417
Or invoices may be emailed to: accountspayable@grandhaven.org.

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
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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 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 Transits 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.
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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
(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 Transits 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
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Harbor Transit Automated Demand Response Transportation System

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 Transits 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
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Harbor Transit Automated Demand Response Transportation System

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. FTAs 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 Transits 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;


(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
Transits 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

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Harbor Transit Automated Demand Response Transportation System

(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 TRANSIT
440 North Ferry Street
Grand 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. 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 conractors
responsibility for payment or damages resulting from their operations under any
contract.

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Harbor Transit Automated Demand Response Transportation System

(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

Workers Compensation: $100,000 or statutory limit

Commercial General Liability: Bodily injury $1,000,000


Each occurrence (including XCU if
appropriate)

Property Damage: $1,000,000 each occurrence


or
Combine 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 Documents

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Harbor Transit Automated Demand Response Transportation System

Harbor 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, 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.
Infringement
Contractor warrants that all work, materials, services, equipment,
parts and other items provided by Contractor pursuant to the
contract, which are not of Harbor Transits 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.
Indemnification
Contractor 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
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Harbor Transit Automated Demand Response Transportation System

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.
Release
Contractor 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 Contractors 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.

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

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Harbor Transit Automated Demand Response Transportation System

SECTION 3
SCOPE OF WORK

Introduction
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.
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Harbor Transit Automated Demand Response Transportation System

Work to be performed by Contractor


The 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 Transit


Harbor 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.
5. Provide data entry for data in hard copy format, assuring accuracy of the
information.
6. Provide proper implementation support.

Functional Specifications
Automated Demand Response Transportation Management System

RESPOND TO ALL ASPECTS OF THE FUNCTIONAL SPECIFICATIONS THAT


FOLLOW. Include a copy of the offerors 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.

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Harbor Transit Automated Demand Response Transportation 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 Requirements
The 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
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 architecture
6. Offer multi-user functionality
7. Support military time or a.m. / p.m. time
format

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

Server 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 RAM
11. 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 Requirements
Must have at least 100/Mb sec network (using switches,
no hubs) TCP/IP Protocol only.
System Database Backup
Must 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 functions
14. Define permissions for windows, window
functions and reports by job function
Report Generation
The user must be able to:
15. Create ad hoc reports, with the use of an
industry-standard ad hoc report writer
16. Initial setup for NTD S-10 reports
User Documentation
The system must provide:
17. On-line user documentation in a .pdf file
format
18. Context sensitive on-line help
System Administrator Module
The system administrator must be able to:
19. Define possible mobility types and
passenger types

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

20. 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 amounts
23. Define fare payment methods such as cash
and ticket
24. Specify billing agencies including name,
address, contact name and phone number
25. Set a default fare, which can be overridden
at booking time
26. Define eligibility types
27. Define trip purposes
28. Define onboard factors and pickup and drop-
off early/late windows by trip purpose
29. 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 Management
The user must be able to:
31. Create an unlimited number of passengers
32. Create a unique passenger identification
number
33. Maintain the passengers name, address and
telephone numbers, gender, date of birth and
Social Insurance Number/Social Security
Number
34. Maintain the passengers mobility aids and
disabilities
35. Maintain the passengers registration status
(i.e. active/inactive) and type

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

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 trip
40. Maintain the registration start, end and
review dates
41. 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 addresses
46. Maintain a history of suspensions
47. Allow the use of ad hoc fields
48. Maintain the passengers e-mail address
49. Maintain an audit log of each change to the
passengers 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 Map
The user must be able to:
54. View trip starting points and destinations on
the GIS map

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

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


the GIS map
56. View the street name or address of a location
57. Geocode new locations automatically or
manually, when required
58. View scale dependent map layers
59. 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 Parameters
The system administrator must be able to define:
61. The default window of time around the
passengers trip time that the trip can be
scheduled
62. The default driving speed
63. The percentage of the average speed a
vehicle is likely to achieve for stops within
certain distances.
64. Speed by time of day
65. The number of days that the scheduler will
book trips in advance
66. 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 fare
70. 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

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

73. The maximum amount of time a Passenger


should spend on a vehicle using a ratio of
actual travel time to direct travel time
74. Vehicle priority for scheduling purposes
Reservations Module
The user must be able to:
75. Create demand and standing order bookings
76. Find the passenger via passenger
identification number or passenger name
77. 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 step
87. Mark the trip as a priority for special
treatment in the batch scheduling process
88. Target the pickup time or drop-off time or
both.
89. View passenger alerts and special
instructions while creating the booking

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

90. Record a trip authorization number for the


demand or standing order trip
91. 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
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 future
97. Modify the standing order and specify when
the change is to be effective
98. 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
passengers information
100. Determine the appropriate billing code(s)
based on the trip purpose and the
passengers funding information, such as
eligibility, Medicaid and ADA eligibility
101. Warn the user if the passengers review date
has passed
102. Warn the user if the passenger is suspended
103. Warn the user if the trip is inconsistent with
the passengers travel restrictions
104. Warn the user if the passenger has any
overlapping trips
105. Calculate and display the passengers fare
based on the billing code selected
106. Calculate and display the actual distance of
the trip
107. List the billing codes for which the passenger
is eligible

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

108. 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
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 Insertion
The 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

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

Batch Scheduling
The 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 time
120. Minimize non-revenue time
121. Look for available times within the default
drop-off and pickup time window
122. Add the loading/unloading delays for the
passenger to the travel time
123. Assign priority and wheelchair assignments
first
124. Consider the maximum onboard factor
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 hours
2. Miles
3. Number of Trips
4. Passenger per Vehicle per Hour
(PPVH)
5. Average Miles per Hour
6. Average Ride Time
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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

7. Number of Wheelchair and Walker


Spots
133. Be performed in less than 10 minutes
The 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
Dispatch Module
The user must be able to:
139. View trips for a particular passenger, vehicle
or taxi, travel group and/or passenger group
140. 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 notification
143. 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 only
146. View trips with companions or attendants
147. 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

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

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


for a particular trip
151. Reschedule a trip
152. Review or evaluate ADA eligibility for a trip
153. Mark a trip as a no-show
154. Rebook a wait-list trip
155. Rebook a trip that was marked as cancelled
or no-show
156. Cancel a trip
157. Delete a trip
158. Move one or more trips to a different vehicle
with drag and drop functionality
159. View unscheduled trips and easily assign
them to a route or taxi service
160. Add a shift for the day
The system must be able to:
161. Distinguish between early and late
cancellations
162. Track modifications made to a trip including
what was changed, when and by whom
Trip Reconciliation
The 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 trip
164. The fare collected and the payment method
(i.e cash or ticket) for a trip
165. The pickup and drop-off mileage for a trip
Billing
The 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 passengers ADA Category (i.e. 1,
2 or 3)

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Scope of Work Yes/No Comments

170. Specify whether a passengers 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
Passengers ADA Category and their trip
locations
Operational and Management Reports
The 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
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 passengers 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 statistics
180. 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 passengers name and no-
show count (by standing order and demand
trip)
182. List of early cancellations, for the specified
period, including the passengers name and
cancellation count (by standing order and
demand trip)

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

183. List of late cancellations, for the specified


period, including the passengers name and
cancellation count (by standing order and
demand trip)
184. Combined list of early and late cancellations
185. 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 Sheets
188. 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:
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 Module
The user must be able to:
192. Define possible employee statuses, types,
positions and skills
193. Maintain information on employees such as:
1. ID number
2. Name
3. Address
4. Phone numbers
5. Start date
6. End date
7. License information

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

8. Medical card expiration


9. Birth date
10. Gender
11. E-mail address
12. Extra fields
13. Notes
194. Track training courses that the employee has
completed, including the name of the course,
the instructors 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 Module
The user must be able to:
196. Define possible vehicle statuses, types and
garage locations
197. 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:
1. Name
2. Vehicle identification number
3. Seating capacity
4. Typical loading and unloading delays
5. Ownership information
6. Status
7. Year, make and model
8. Assigned garage
9. Maintain Fuel records including date,
gallons, fuel cost and odometer reading
Mobile Data Terminal (MDT) Module
The system must be able to:

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Scope of Work Yes/No Comments

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:
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 MDT

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Scope of Work Yes/No Comments

208. 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) Module
The system must be able to:
212. Receive vehicle location data at frequent
intervals, including the vehicles 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 Map
216. View historical vehicle information on the GIS
Map by selecting the particular vehicle,
schedule date and time
Schedule Adherence
The system must be able to:
217. Create customized alert for the management
and dispatch personnel
218. Calculate, display and store the number of
minutes late for a particular pickup or drop-off
219. Alert the dispatcher to late pickups and drop-
offs if the late minutes are greater than the
user-definable threshold

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

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 down
Outbound 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 IVR
Incidents, Accidents and Complaints Module
The user must be able to:
228. Define possible incident types and reporting
methods
229. Maintain incident information, including the:
1. Incident type
2. Date and time of the incident
3. Description of the incident
230. Reported date and time (system generated)
1. Reporting method

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Harbor Transit Automated Demand Response Transportation System

Scope of Work Yes/No Comments

231. Trip information such as Route Number,


Vehicle Number, Scheduled Pickup Time and
Location
1. Driver involved
2. Dispatcher that received the report
3. Passenger
4. Third parties or witnesses to the
incident
232. Define a list of reviewers and resolvers for
each incident type
233. View a list of incidents that require review
234. View comments entered by other reviewers
235. Review the incident and add reviewer
comments
236. View a list of incidents that require resolution
or escalation
237. View comments entered by other reviewers
and resolvers
238. Review the incident and add resolver
comments
239. Print detailed and summary reports of
incidents matching certain criteria

Synopsis
This 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 Module
3. Customer Management Module
4. Vehicle Management Module
5. Driver Management Module
6. ADA (Americans with Disabilities Act) Management
7. Reservations Module
8. Scheduling Module
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Harbor Transit Automated Demand Response Transportation System

9. Dispatch Module
10. Mobile Data Terminals (MDT) Module
11. Automatic Vehicle Location (AVL) Module
12. 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

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Harbor Transit Automated Demand Response Transportation System

1 Bids must include a narrative description of the Vendors plan for


accomplishing the work and services to be provided to Harbor Transit.

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 Vendors 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)

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Harbor Transit Automated Demand Response Transportation System

Scheduling Module Items #59-#136 25


pts.
(ease of use by Dispatchers)
Dispatch Module Items #137-#170
20 pts.
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 Demonstration


During 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.

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Harbor Transit Automated Demand Response Transportation System

SECTION 4
BID 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.

Demand Response Software


Licenses & Record Storage Quantity Rates Cost
Demand Software Licenses 6 $ $
Reporting Package (If Required) $ $
GIS Data $ $
Server (refer to specifications in Scope of Work, items #8-
1 $
#12)
Network Configuration $
Maintenance of database backup for 7-8 years $
Cost of offsite cloud backup for 7-8 years $
Sub Total $
Implementation Hours Rates Cost
Project 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 Cost
Travel Expense 1 $ $
Sub Total $

Page 48 of 89
Harbor Transit Automated Demand Response Transportation System

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 Tracking


Licenses Quantity Rates Cost
MDC/AVL Software & Mobile Application Licenses 22 $ $
Sub Total $
Hardware Quantity Rates Cost
Mobile Data Hardware 22 $ $
Sub Total $
Implementation Hours Rates Cost
Project 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 Cost
Travel $ $
Sub Total $
Installation Quantity Rates Cost
Mobile Data Computer 22 $ $
Sub Total $
Data Plan Quantity Rates Cost
Annual Cellular Data Plan 22 $ $
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 $

Page 49 of 89
Harbor Transit Automated Demand Response Transportation System

Outbound IVR Notification System


Licenses Quantity Rates Cost
Software / Module Licenses $ $
Total $
Implementation Hours Rates Cost
Project Management $ $
Phase 0 - Initiate $ $
Phase 1 - Design $ $
Phase 2 - Build $ $
Phase 3 - Educate $ $
Phase 4 - Deployment $ $
Phase 5 - System Acceptance $ $
Total $
Travel Quantity Rates Cost
Travel Expense $ $
Sub Total $
Outbound IVR Hardware / Service Quantity Rates Cost
Please provide list of components $ $
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 $

Page 50 of 89
Harbor Transit Automated Demand Response Transportation System

Complaints, Accidents, Accommodations


Licenses Quantity Rates Cost
Module Licenses 6 $ $
Sub Total $
Implementation Hours Rates Cost
Project 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 Cost
Travel 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 $

1. TOTAL ALL SECTIONS 2.


3.
4. First Year Support and Maintenance 5. $

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Harbor Transit Automated Demand Response Transportation System

6. Second Year Support and 7. $


Maintenance
1. The firms identification information provided will be used by
8. Third Year Support and Maintenance 9. $
the Harbor Transit for purchase orders, payment and other
10. Fourth Year Supportpurposes.
contractual and Maintenance 11. $relationship is with, or
If the contractual
12. Fifth the
Year payment
Support andmade
Maintenance 13. $
to, another firm please provide a complete
explanation on your letter head and attach to your proposal.
Please provide for accounts payable purposes:
2.
3. Tax Identification Number (Federal ID):________________________
4. Remittance
Address:_______________________________________________________
_____
5.
14.
15. (Failure to complete this form and to submit it with your offer may render this offer non-
responsive).
16.
17.
18. 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.
19.
20.
21. I hereby state that I have read, understand and agree to be bound by all terms and
conditions of this proposal document.
22. SIGNED: ____________________________________ NAME:
___________________________________
23. (Type or Print)
24. TITLE: ______________________________________ DATE:
____________________________________
25.
26. FIRM NAME:
____________________________________________________________________________
27. (if any)
28.
29. ADDRESS:
_______________________________________________________________________________
30. (Street address) (City) (State) (Zip)
31.
32. PHONE: ________________________________ FAX NUMBER:
____________________________
33.
34. EMAIL ADDRESS:
_________________________________________________________________________
35.
36.
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Harbor Transit Automated Demand Response Transportation System

37.
38.
39.
40.
41.
42.
43.
44. SECTION 5
45.
46.
47.
48.
49.

50. Required MDOT and FTA Clauses


51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89. Michigan Department MATERIALS AND SUPPLIES
Of Transportation MORE THAN $100,000
90. 3165 (02/14)
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Harbor Transit Automated Demand Response Transportation System

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.

91. SIGNATURE 93. DAT


92. E
94. NAME 96. TITLE
95.
97.

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

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Harbor Transit Automated Demand Response Transportation System

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.

98. SIGNATURE 100.DAT


99. E
101.NAME 103.TITLE
102.
104.

105.
106.
107.
108.
109.
110.MDOT 3165 (02/14)

111. 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.

112.SIGNATURE 114.DAT
113. E
115.NAME 117.TITLE
116.
118.
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.

119.SIGNATURE 121.DAT
120. E
122.NAME 124.TITLE
123.
125.
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 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
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Harbor Transit Automated Demand Response Transportation System

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
126.
127.
128.
129.
130. 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

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transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure
Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.

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


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

The CONTRACTOR, ___________________, certifies or affirms the truthfulness and


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

131.Signature of CONTRACTORS Authorized Official


132.
133.Name and Title of CONTRACTORS Authorized Official 135.Dat
134. e

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136.
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
CONTRACTORs
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
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. 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
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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 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
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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. 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
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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,
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
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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.
137.
138. MDOT 3165 (02/14)

139. 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
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continue work, or treat the termination as a termination for convenience.

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.
140. (2) Equal Employment Opportunity Requirements for Construction Activities.
For activities determined by the U.S.
141.
142.
143.
144.
145.
146.MDOT 3165 (02/14)
147.

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148.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 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
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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 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.
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 CONTRACTORs 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
CONTRACTORs 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)

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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.

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
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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

149. MDOT 3165 (02/14)


150.

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151. 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
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
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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.
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
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.

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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
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
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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 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.

152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
163.
164.
165.
166.
167.
168.
169.
170.
171.
172.
173.
174.
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Harbor Transit Automated Demand Response Transportation System

175.
176.
177.
178.
179.
180.
181.
182.
183.
184.
185.
186.
187. APPENDIX A
188. PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
189. 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:
190. 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.
191. 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
individuals 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.
192. 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.
193. 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 individuals 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.
194. 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
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Harbor Transit Automated Demand Response Transportation System

regard to race, color, religion, national origin, age, sex, height, weight, marital status, or disability
that is unrelated to the individuals ability to perform the duties of a particular job or position.
195. 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
contractors commitments under this Appendix.
196. 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.
197. 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 contractors 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.
198. 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.
199. 8. The contractor agrees to cooperate with the Departments Project Manager or designee and the
Departments 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.
200. 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
Departments Equal Employment Opportunity Officer.
201. 10. The contractor shall provide a written report detailing the findings of the investigation to the
Departments 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
Departments Equal Employment Opportunity Officer shall review the report for compliance with
23 CFR Subpart D. It is the Departments intent to correct any current acts and prevent any future
Page 73 of 89
Harbor Transit Automated Demand Response Transportation System

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 Departments Office
of Business Development.
202. 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.
203. Application:
204. 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.
205. 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.
206. 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.
207. 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):
208. i) canceling, terminating, or suspending the federal aid project agreement in whole or in
part;
209. 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
210.
211. iii) referring the case to the appropriate federal agency for legal proceedings.
212.
213.Revised March 2010
214.
215.
216.
217.
218.
219.
220.
221.
222.
223.
224.
225.
226.
227.
228.
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Harbor Transit Automated Demand Response Transportation System

229.
230.
231.
232.
233.
234.
235.
236.
237.
238.
239.
240.
241.
242.
243.
244.
245.
246.
247.
248. APPENDIX B
249. TITLE VI ASSURANCE
250. 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:
251.
252. 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.
253. 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).
254.
255. 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.
256.
257. 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
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Harbor Transit Automated Demand Response Transportation System

potential subcontractor or supplier of the contractors obligations under the contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
258.
259. 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.
260.
261. 5. Sanctions for Noncompliance: In the event of the contractors 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:
262. a. Withholding payments to the contractor until the contractor complies; and/or
263. b. Canceling, terminating, or suspending the contract, in whole or in part.
264.
265. 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 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.
266.
267.Revised March 2010
268.
269.
270.
271.
272.
273.
274.
275.
276.
277.
278.
279.
280.
281.
282.
283.
284.

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Harbor Transit Automated Demand Response Transportation System

285.
286.
287.
288.
289.
290.
291.
292.
293.
294.
295.
296.
297.
298.
299.
300.
301.
302.
303.
304.
305.
306.
307.
308.
309.
310.
311. Automated Demand Response Transportation Management System
312. Quote Comparison Score Sheet
313.
314. 316. 318.
(Ve
319.
(Ve
320.
(Ve
321.
(Ve
315. Re P n n n
quire d
o
d
o
d
o
ment 317. r r r
s A
N N N
a a a
m m m
e e e
) ) )
322. Pro
posal
323.
325. 326. 327. 328.
Timely 324.
Receive N
d

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Harbor Transit Automated Demand Response Transportation System

329. Tec
hnical
332. 333. 334. 335.
Require
ments 331.
330. (Ite
ms #1-
#58)
25pts.
336. Sch
eduling
339. 340. 341. 342.
Module
337. (Ite 338.
ms
#59-
#136)
25pts.
343. Dis
patch
346. 347. 348. 349.
Module
344. (Ite 345.
ms
#137-
#170)
20pts.
350. Op
er. &
353. 354. 355. 356.
Mgmt.
Module
s 352.
351. (Ite
ms
#171-
#197)
15pts.
357. Mo
bile
360. 361. 362. 363.
Data
Termin
als 359.
358. (Ite
ms
#198-
#220)
20pts.

Page 78 of 89
Harbor Transit Automated Demand Response Transportation System

364. O.
I. Voice
367. 368. 369. 370.
Respon
se
366.
365. (Ite
ms
#221-
#225)
15pts.
371. Inci
dents/Ac 374. 375. 376. 377.
c./Comp
laints
372. (Ite 373.
ms
#226-
#237)
10pts.
378. Fro
m Bid
Propos 379.
al:
380. Initi
al/Futur 381. 382. 383. 384. 385.
e Costs
20pts.
386. Trai
ning
387. 388. 389. 390. 391.
10pts.
392. Tec
hnical 393. 394. 395. 396. 397.
Suppor
t 5pts.
398. Wa
rranty
399. 400. 401. 402. 403.
10pts.
404. TO
TAL
406. 407. 408. 409.
POINT 405.
S
(175pt
s.)
410. Firs
t yr. 412.
413. 414. 415. 416.
support N
$ $ $ $
/maint.
411.
417. Sec
ond yr. 419.
420. 421. 422. 423.
support N
$ $ $ $
/maint.
418.
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Harbor Transit Automated Demand Response Transportation System

424. Thi
rd yr. 426.
427. 428. 429. 430.
support N
$ $ $ $
/maint.
425.
431. Fou
rth yr. 433.
434. 435. 436. 437.
support N
$ $ $ $
/maint.
432.
438. Fift
h yr. 440.
441. 442. 443. 444.
support N
$ $ $ $
/maint.
439.
445.
446.
447.
448.
449.
450.
451.
452.
453.
454.
455.
456.
457.
458.
459.
460.
461.
462.
463.
464.
465.
466.
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Harbor Transit Automated Demand Response Transportation System

467.
468.
469.
470.
471. SECTION 6
472.
473.
474.
475. FORMS TO BE COMPLETED
476.
477. (FEDERAL TRANSIT ADMINISTRATION TERMS AND CONDITIONS)
478.
479.
480.
481.
482.
483.
484.
485.
486.
487.
488.
489.
490.
491.
492.
493.
494.

Page 81 of 89
Harbor Transit Automated Demand Response Transportation System

495.
496.
497.
498. CERTIFICATION OF PRIMARY PARTICIPANT
499. REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
500. The Bidder, , (insert name of company) certifies to the best of
its knowledge and belief, that it and its principals:
501. 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
502. 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;
503. 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
504. 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.
505. (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.)
506.
507. 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.
508.
509.
510. ________________________________
511. Signature and Title of Authorized Official
512.
513. Subscribed and sworn to before me this day of , 20 __.
514.
515.

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Harbor Transit Automated Demand Response Transportation System

Notary Public in and for the


State of
516.
Notary Public in and for the State of
517.
___________, residing in ________
518.
519.
520.
521.
522.
523.
524.
525.
526.
527.
528.
529.
530.
531.
532.
533.
534.
535.
536.
537.
538.
539.
540. BUY AMERICA CERTIFICATION
541.
542. 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.
543.
544. Date

545.
546. Signature

547.
548. Title

549.
550. OR

Page 83 of 89
Harbor Transit Automated Demand Response Transportation System

551.
552. 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.
553.
554.
555. Date

556.
557. Signature

558.
559. Title

560.

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561. APPENDIX A, 49 CFR PART 20 - CERTIFICATION REGARDING LOBBYING


562. Certification for Contracts, Grants, Loans, and Cooperative Agreements
563. (To be submitted with each bid or offer exceeding $100,000)
564. The undersigned [Contractor] certifies, to the best of his or her knowledge and belief that:
565. (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.
566. (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.)]
567. (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.
568. 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.]
569. 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.
570.
571. Signature of Contractor's Authorized
Official
572.
573. Name and Title of Contractor's Authorized
Official
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Harbor Transit Automated Demand Response Transportation System

574.
575. Date
576.

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Harbor Transit Automated Demand Response Transportation System

577.
578. NON-COLLUSION AFFIDAVIT
579.
580. STATE OF
581.
582. COUNTY OF
583.
584. , being first duly sworn, on his oath says that

he is

585. 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.

586.

587.

588.

SIGN HERE

589. Subscribed and sworn to before me this day

of , 20 _______.

590.

591.

____________________________

592.
Notary Public in and for the State of

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Harbor Transit Automated Demand Response Transportation System

593.
___________, residing in ________

Page 88 of 89
594.
595.
596.
597.
598.
599.
600.
601.
602.
603.
604.
605.
606.
607.

Page 89 of 89

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