Professional Documents
Culture Documents
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 B: Title VI
Assurance...63
Section 6
Federal Transit Administration Forms to be Completed..
...66
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SECTION I
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 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.
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SECTION 2
TERMS AND CONDITIONS OF INVITATIONS FOR PROPOSALS
PROCUREMENT PROCESS
(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.
(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.
(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:
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(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.
(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.
(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.
(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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(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.
(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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(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.
(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.
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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.
(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.
2.15 PROPOSALS
2.16 SPECIFICATIONS
(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.
2.19 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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2.20 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
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.
(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.
(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.
(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 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.
(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.
(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.
(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.
(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.
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.
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.
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.
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.
2.32 ASSIGNMENT
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(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
(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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(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:
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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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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:
Functional Specifications
Automated Demand Response Transportation Management System
Harbor Transit shall utilize proven technologies and products. The Functional
Specification is for an Automated Demand Response Transportation Management
System.
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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.
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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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.
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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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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.
9. Dispatch Module
10. Mobile Data Terminals (MDT) Module
11. Automatic Vehicle Location (AVL) Module
12. Outbound Interactive Voice Response (IVR) Module
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.
TAB C - Timeline
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TAB E References
EVALUATION FACTORS
After receipt of proposals, Harbor Transit will use the following criteria in
the selection process:
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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.
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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.
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37.
38.
39.
40.
41.
42.
43.
44. SECTION 5
45.
46.
47.
48.
49.
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.
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.
The bidder or offeror hereby certifies that it cannot comply with the requirements of
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105.
106.
107.
108.
109.
110.MDOT 3165 (02/14)
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)
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
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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.
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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.
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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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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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.
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.
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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.
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.
services that conserve natural resources, protect the environment, and are energy
efficient, except to the
extent that the Federal Government determines otherwise in writing.
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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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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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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
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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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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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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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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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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.
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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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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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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.
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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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545.
546. Signature
547.
548. Title
549.
550. OR
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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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574.
575. Date
576.
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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
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
of , 20 _______.
590.
591.
____________________________
592.
Notary Public in and for the State of
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593.
___________, residing in ________
Page 88 of 89
594.
595.
596.
597.
598.
599.
600.
601.
602.
603.
604.
605.
606.
607.
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