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YOLO COUNTY TRANSPORTATION DISTRICT
REQUEST FOR PROPOSALS
Transit Automated Voice Annunciator System
Proposals due June 27, 2011
The Yolo County Transportation District (YCTD) is soliciting Proposals from firms to deliver a turn-key project to YCTD for the design, manufacture, integration, installation, testing, and implementation of fifty-one (51) transit automated voice annunciator systems, plus five (5) spares.
A. Project Information
The YCTD administers YOLOBUS, which operates local and intercity bus service 365 days a year in Yolo County and neighboring areas, including Sacramento and Solano Counties. YCTD utilizes the automatic vehicle location and passenger announcement system through Mentor Engineering, which includes both LED sign and voice announcements. YCTD desires to upgrade or replace the voice annunciator portion to allow for more functionality, including, but not limited to, ease of updating through a wireless communication.
After reviewing the information submitted in response to this RFP, YCTD expects to enter into a contract with the contractor whose proposal best meets the requirements.
B. Proposed Schedule
Issue Call for Proposals June 13, 2011
Proposals Due 2:00 PM, June 27, 2011
Interviews/Negotiations (if necessary) June 28, 2011
Best & Final Offers (if necessary) 2:00 PM, June 28, 2011
Final Selection & Issue of Purchase Order June 29, 2011
Completion of design system, engineering shop drawings July 29, 2011
Delivery, installation, testing, completed December 31, 2011
C. SPECIFICATIONS
The Proposal shall be all inclusive to deliver a turn-key project to YCTD. This proposal shall reflect all work necessary for a turn key piece, including full specifications and drawings for the design, materials, supplies, services, equipment, warranties, manufacture, installation, testing, and implementation of a commercial grade voice passenger annunciator system.
Automated Voice Annunciator System
1. Operation
1. Vendor must provide, install, test, provide support and warranties for Automatic Voice Annunciator (AVA) systems that:
1. Are fully automated to every bus stop
2. Comply with The Americans with Disabilities Act requirements
3. Interface to YCTD's existing Ranger Mobile Data Terminal from Mentor Engineering
4. Interface to YCTD's existing Next Stop Sunrise Signs
2. This project includes 51 AVAs installed and made fully operational in YCTD buses, plus 5 spare systems, per the following specifications.
3. The announcements onboard the vehicle shall be triggered at pre-defined locations, based on the current location of the vehicle as determined by the Mentor GPS receiver currently on the vehicle.
4. The types of information to be announced by the system onboard the vehicle shall include:
1. Major advertised stops
2. Key transfer points
3. Public service announcements
5. The Annunciation system shall also be capable of making announcements on the existing speakers mounted external to the vehicle.
1. These announcements shall indicate the current route and destination of the vehicle. They shall be triggered by opening the door.
2. The Annunciation system shall have the ability to enable and disable these external announcements independently of the internal announcements.
6. The proposal shall clearly state the number of stops and announcements the system can support.
7. The system shall operate automatically once the operator initializes the system by selecting the desired route/destination.
8. No operator interaction shall be required to operate the annunciation system. Operator use of the on-board PA system shall override any automated announcements.
9. Announcements shall be created utilizing text-to-speech.
1. Programming a new announcement should be as simple as typing it in a text file.
2. A desktop preview program must be provided that permits testing of the announcements prior to use onboard a bus and permits tricky pronunciations to be spelled phonetically.
3. It must be easy to quickly and easily create custom dictionaries.
4. English, Spanish, and French must be supported.
2. Hardware/Software
1. The vendor shall provide the hardware and software necessary to coordinate audio announcements on board the fixed route buses.
2. At a minimum, the Annunciator shall provide the following audio capabilities:
1. Gooseneck Microphone Input (w/ switch input)
2. Mic or Handset Input (w/ PTT and Hookswitch inputs)
3. Sensor Microphone Input (senses ambient noise level)
4. Driver Speaker Output (10W Power Amp)
5. Vehicle Speaker Output 1 (40W Power Amp) (Internal announcements)
6. Vehicle Speaker Output 2 (40W Power Amp) (External announcements)
7. Audio Paths selected and configured programmatically
8. Integral Text to Speech (TTS) Engine (English, Spanish, French)
3. At a minimum, the Annunciator shall provide the following standard interfaces, inputs, and outputs:
1. J1708
2. CAN (J1939)
3. Ethernet
4. Odometer Pulse Input
5. Ignition Detect
6. Input Power Monitor
7. Emergency Switch Input
8. General Purpose Digital Inputs/Outputs
9. USB
10. RS232
4. The Annunciator shall provide a means for wirelessly updating the announcement database on board the vehicle. This process shall be clearly defined in the proposal.
5. Minimum and maximum volume settings shall be configurable by the Agency
1. Independent volume settings must be permitted for the interior and external announcements.
6. The controller shall use the vehicle location information from the AVL system to trigger the appropriate internal announcements on-board the vehicle whenever the vehicle enters a “trigger zone.”
1. Trigger zones are user-defined areas located upstream from each stop location.
2. Trigger zones will be pre-defined by the central software and downloaded to the controller.
7. Automated announcements shall continue to operate normally when the MDT is in covert alarm mode.
8. In the event that a vehicle is operating off-route, the internal automated announcements/displays shall not be made.
1. Once the route is reacquired, the system shall automatically determine and announce the next valid bus stop or other designated location.
2. The response of the AVA to off-route and on-route detection shall be automatic and not require operator intervention or action.
9. The controller shall be designed to operate:
1. Within a temperature range of -40 °F to 149°F (-40°C to +65°C).
2. With ambient humidity of up to 95%, non-condensing.
3. Reliably while subject to the vibration and shock forces associated with transit vehicles.
4. Within a voltage range of 9-32 VDC
10. If there are additional software, programming, testing, and labor related charges from YCTD’s AVL provider (Mentor) to accomplish the integration described above, then the proposer shall include those expenses in its proposal.
11. The warranty for parts and labor shall be a minimum of one year.
D. General Requirements
• Coordinate work with designated YCTD staff.
• Contractor scope of work must include schematic plans, drawings, and electrical engineering sign off.
• Contractor shall submit design documents to the YCTD, for review and approval.
• Contractor shall be responsible for coordinating the work with the existing on-site conditions and infrastructure, and repair any bus damage as a result of the installation.
• Contractor must be able to fully design, manufacture, install, integrate, test, and implement the voice annunciator system, including provisions for all necessary labor, equipment, materials, supplies, deliveries, as well as all activities and expenses associated with integrating the system with YCTD’s Mentor AVL system.
• Contractors will be required to provide evidence of insurance in accordance with the YCTD requirements (attached).
• Work shall be completed during days and hours to be approved by YCTD’s Executive Director, or his designee.
Contractor-shall secure work area at the end of each work day.
• The materials and workmanship shall be warranted for at least one (1) year from the date of final acceptance by YCTD (and as stipulated by manufactured warranties).
E. Proposal Process
Each respondent to this Request for Proposals should demonstrate that it satisfies the minimum requirements described in order to be considered responsive. Responses to the RFP must be submitted in writing and signed by an authorized officer of the respondent. The YCTD must receive three (3) hard copies of the Proposal package no later than 2:00 p.m. on Monday, June 27, 2011. Responses submitted after that date and/or time will not be considered.
Proposals shall be submitted to:
Yolo County Transportation District
Attention: Terry Bassett
Executive Director
350 Industrial Way
Woodland, CA 95776
Or emailed to tbassett@
Postmarks and faxes will not be accepted.
Contractor, after notice of award and prior to commencement of work, shall provide copies of all required insurance documents.
Because the process may result in a negotiated service contract, all pricing information will remain confidential until after award. There will be no public opening and reading of the proposals.
The YCTD reserves the right to cancel in whole, or in part, this Call for Proposals.
All questions related to the RFP shall be submitted in writing via email to:
Chad Mikula, YCTD IT Specialist
cmikula@
F. Proposal Requirements
Proposals must identify, at a minimum:
Proposal Date.
Company name, address and name of the contact person.
3. Overview of the contractor’s qualifications for similar type projects with at least three references from prior projects.
4. Conceptual sketch, brochure, sales literature or pictures of proposed system.
5. Scope of services including all tasks required to design, manufacture, install, test, and implement voice annunciator systems.
6. Proposed schedule for accomplishing the work, with start and completion date clearly defined.
7. Firm, fixed price.
Proposal must be signed by an authorized company representative.
9. Proposals must clearly identify, by name, who will receive offers and counter-offers. The person named will be an authorized agent of the contractor, able to conduct negotiations or written offers in good faith.
G. Criteria for Selection:
(In order of relative importance)
1. Pricing of overall project. (45%)
2. Proposed conceptual plan for voice annunciator systems, proposed Scope of Services, proposed installation process and layout, Schedule, and Warranty (45%)
3. Qualifications and Experience of Proposer (10%)
YCTD reserves the right to interview any or all respondents to this RFP, or to ask for additional information or clarifications. YCTD reserves the right, at its sole discretion, to accept a response that does not satisfy all requirements but which, in the YCTD’s sole judgment, sufficiently demonstrates the ability to produce, deliver, design, permit, install, and warrantee a turnkey project and to satisfy the major requirements set forth in this RFP. YCTD expects to complete its evaluation process to select a qualified Contractor, but reserves the right to change key dates and action as the need arises.
If, after reviewing proposals, YCTD determines that more than one proposal falls within a competitive range, then YCTD may, at its sole discretion, meet with proposers within a competitive range, negotiate, and offer an opportunity for Best and Final Offers (BAFOs) to be submitted.
After receipt of BAFOs from firms within a competitive range, YCTD will re-evaluate the BAFOs, using the same criteria and weighting system, in determining their scores and selecting the highest scoring proposal.
If YCTD determines that there are not two or more proposals that fall within a competitive range, YCTD reserves the right to make an award to an Offeror whose proposal it judges to be most advantageous and best value to the Procuring Agency based upon the evaluation criteria, without conducting any written or oral discussions with any Offerors or solicitation of any BAFOs.
Attachments
EXHIBIT A: Price Sheet
EXHIBIT B: Compliance with Federal Requirements
EXHIBIT C: YCTD Insurance Requirements
EXHIBIT D: Buy America Certification
EXHIBIT E: Debarment & Suspension Certification
EXHIBIT F: Restrictions on Lobbying Certificate
EXHIBIT G: No Offer Form
EXHIBIT A
PRICE SHEET
Transit Automated Voice Annunciator System
(This is NOT an order)
THESE TWO SHEETS MUST BE SUBMITTED WITH THE PROPOSAL
|DESCRIPTION |UNITS |QUANTITY |UNIT PRICE |EXTENDED PRICE |
|Base Bid | | | | |
|Design, integration, testing and Implementation | | | | |
|Contractor shall prepare professional drawings |EACH |1 |$ |$ |
|for YCTD’s review and approval, for a transit | | | | |
|automated voice annunciator system, design said | | | | |
|system, integrate it with Mentor system, test it,| | | | |
|and make it fully operational. | | | | |
| | | | | |
| | | | | |
| | | | |$ |
|Materials |EACH |56 |$ | |
|Contractor shall manufacture and provide | | | | |
|commercial grade transit automated voice | | | | |
|annunciator systems, including all required | | | | |
|mounting and installation hardware, as well as | | | | |
|operations software. | | | | |
| | | | | |
|Installation |EACH |51 | |$ |
|Contractor shall install transit automated voice | | |$ | |
|annunciator systems, including operations | | | | |
|software. | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
|Sales Tax (at 9% of Materials) | | | |$ |
|Delivery | | | | |
| | | | |$ |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
|TOTAL AMOUNT: |$ |
PRICE WILL BE VALID FOR PURCHASE ORDER ISSUED WITHIN 90 DAYS
DESIGN, MANUFACTURE, DELIVERY, INSTALLATION, INTEGRATION, TESTING, AND IMPLEMENTATION: WITHIN CALENDAR DAYS FROM ISSUE OF PURCHASE ORDER
DATE: _________________________________
COMPANY: _________________________________
ADDRESS: _________________________________
_________________________________
TELEPHONE NO.: _________________________________
EMAIL ADDRESS: __________________________________
The undersigned agrees to the terms and conditions and is an authorized representative of the company listed above.
SIGNATURE: _____________________________
PRINTED NAME: _____________________________
TITLE: _____________________________
EXHIBIT B
YOLO COUNTY TRANSPORTATION DISTRICT - COMPLIANCE WITH FEDERAL REQUIREMENTS
FEDERAL GRANT CONDITIONS
This Contract is subject to a financial assistance contract between YCTD and the United States of America (hereinafter “Federal Government”), acting through the Department of Transportation (hereinafter “U. S. DOT”), and Federal Transit Administration (hereinafter “FTA”). 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 procedures and directives including without limitation those listed directly or by reference in the FTA Master Agreement between YCTD and FTA, as amended, and are incorporated herein by this reference. The Contractor shall comply with these FTA requirements and as they may be amended or promulgated from time to time during the term of this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any YCTD directives which would cause YCTD to be in violation of the FTA terms and conditions. Contractor’s failure to comply with these FTA requirements and YCTD directives shall constitute a material breach of this Contract.
NO OBLIGATION BY THE FEDERAL GOVERNMENT
(1) YCTD and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC § 3801 et seq and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31 apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
ACCESS TO RECORDS AND REPORTS
(1) Where YCTD is not a State but a local government and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5307, 5309 or 5311.
(2) Where the Purchaser is a State and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 CFR 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.
(3) Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 CFR 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
(4) Where any Purchaser which is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)(1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
(5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(6) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
(7) FTA does not require the inclusion of these requirements in subcontracts.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between YCTD and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
TERMINATION FOR CONVENIENCE or DEFAULT
YCTD may terminate this contract in whole or in part, for YCTD’s convenience or because of the failure of the Contractor to fulfill the contract obligations. YCTD 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 YCTD, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, YCTD may complete the work by contract or otherwise and the Contractor shall be liable for any additional cost incurred by YCTD. 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 YCTD.
OPPORTUNITY TO CURE
YCTD in its sole discretion may, in the case of a termination for breach or default, allow the Contractor fifteen (15) calendar 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 YCTD’s satisfaction, the breach or default, or any of the other terms, covenants, or conditions of this Contract within fifteen (15) days after receipt by Contractor or written notice by YCTD setting forth the nature of said breach or default, YCTD 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 YCTD from also pursuing all available remedies against Contractor and its sureties for said breach or default.
CIVIL RIGHTS
The following requirements apply to the underlying contract:
(1) Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49 USC § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying contract:(a) Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age: In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623 and Federal transit law at 49 USC § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities: In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
ADA ACCESS
The Contractor agrees to comply with the requirements of 49 USC § 5301(d) which states the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy. The Contractor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, which prohibits discrimination on the basis of handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. In addition, the Contractor agrees to comply with all applicable requirements of the following regulations and any subsequent amendments thereto:
(1) US DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37;
(2) US DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27;
(3) Joint US. Architectural and Transportation Barriers Compliance Board (US ATBCB)/US DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38;
(4) US DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35;
(5) US DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36;
(6) US General Services Administration (US GSA) regulations, "Accommodations for the Physically Handicapped," 41 CFR Subpart 101-19;
(7) US Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630;
(8) US Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F; and
(9) US ATBCB regulations “Electronic and Information Technology Accessibility Standards,” 36 CFR Part 1194;
(10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part 609; and
(11) Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The Yolo County Transportation District’s overall goal for DBE participation is 6.9 %. A separate contract goal has not been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Yolo County Transportation District deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from Yolo County Transportation District. In addition is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.
d. The contractor must promptly notify Yolo County Transportation District whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Yolo County Transportation District.
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by Yolo County Transportation District. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to Yolo County Transportation District, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
PRIVACY ACT
The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
BUY AMERICA
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 final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 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.
An offeror must submit to the YCTD the appropriate Buy America certification (see attached form) with all offers on FTA funded contracts, except those subject to a general waiver. 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.
BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of YCTD's Executive Director. 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 Executive Director. 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 Executive Director shall be binding upon the Contractor and the Contractor shall abide by the decision.
Performance During Dispute - Unless otherwise directed by YCTD, 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 YCTD 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 YCTD is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the YCTD, 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.
WAIVER OF REMEDIES FOR ANY BREACH
In the event that YCTD elects to waive its remedies for any beach by Contractor of any covenant, term or condition of this contract, such waiver by YCTD shall not limit YCTD’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract
LOBBYING
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 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 USC 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 USC 1352. Such disclosures are forwarded from tier to tier up to the YCTD.
CLEAN AIR
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §§§§ 7401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
CLEAN WATER
(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 USC 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
ENERGY CONSERVATION
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any YCTD requests, which would cause YCTD to be in violation of the FTA terms and conditions.
EXHIBIT C
YCTD INSURANCE REQUIREMENTS
A. During the term of the Agreement, Contractor shall at all times maintain, at its expense, the following coverages and requirements. The comprehensive general liability insurance shall include broad form property damage insurance.
1. Minimum Coverages (as applicable) - Insurance coverage shall be with limits not less than the following:
a. Comprehensive General Liability:
$1,000,000 per occurrence; $2,000,000 aggregate
b. Automobile Liability:
$1,000,000 per occurrence (general); $500,000 per occurrence (property) (include coverage for hired and non-owned vehicles).
c. Workers' Compensation - Statutory Limits/Employers' Liability: $1,000,000 per accident for bodily injury or disease (if no employees, this requirement automatically does not apply).
2. YCTD, its officers, agents, employees and volunteers shall be named as additional insured on all but the workers' compensation and professional liability coverages. (Evidence of additional insured may be needed as a separate endorsement due to wording on the certificate negating any additional writing in the description box).
3. Said policies shall remain in force through the life of the Agreement and, with the exception of professional liability coverage, shall be payable on a "per occurrence" basis unless YCTD’s Executive Director specifically consents in writing to a "claims made" basis. For all "claims made" coverage, in the event that the Contractor changes insurance carriers Contractor shall purchase "tail" coverage covering the term of the Agreement and not less than three years thereafter. Proof of such "tail" coverage shall be required at any time that the Contractor changes to a new carrier prior to receipt of any payments due.
4. The Contractor shall declare all aggregate limits on the coverage before commencing performance of the Agreement, and YCTD’s Executive Director reserves the right to require higher aggregate limits to ensure that the coverage limits required for the Agreement as set forth above are available throughout the performance of the Agreement.
5. Any deductibles or self-insured retentions must be declared to and are subject to the approval of YCTD’s Executive Director.
6. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to YCTD’s Buyer (ten (10) days for delinquent insurance premium payments).
7. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise approved by YCTD’s Executive Director.
8. The policies shall cover all activities of Contractor, its officers, employees, agents and volunteers arising out of or in connection with the Agreement.
9. For any claims relating to the Agreement, the Contractor's insurance coverage shall be primary, including as respects YCTD, its officers, agents, employees and volunteers. Any insurance maintained by YCTD shall apply in excess of, and not contribute with, insurance provided by Contractor's liability insurance policy.
10. The insurer shall waive all rights of subrogation against YCTD, its officers, employees, agents and volunteers.
B. Prior to commencing services pursuant to the Agreement, Contractor shall furnish YCTD’s Buyer with original endorsements reflecting coverage required by the Agreement. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received by, and are subject to the approval of YCTD’s Executive Director before work commences. Upon YCTD's request, Contractor shall provide complete, certified copies of all required insurance policies, including endorsements reflecting the coverage required by the specifications.
C. During the term of the Agreement, Contractor shall furnish YCTD’s Buyer with original endorsements reflecting renewals, changes in insurance companies and any other documents reflecting the maintenance of the required coverage throughout the entire term of the Agreement. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Upon YCTD's request, Contractor shall provide complete, certified copies of all required insurance policies, including endorsements reflecting the coverage required by the specifications.
EXHIBIT D
BUY AMERICA CERTIFICATION
Certification of Compliance with 49 U.S.C. §5323(j)(1)
The Proposer hereby certifies that it will meet with the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5.
Date:
Signature:
Company Name:
Title:
OR
Certification of Non-Compliance with 49 U.S.C. §5323(j)(1)
The Proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date:
Signature:
Company Name:
Title: _______________________________________________________
EXHIBIT E
DEBARMENT AND SUSPENSION CERTIFICATION (lower tier covered transaction)
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by Yolo County Transportation District. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to Yolo County Transportation District, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
_____________________________________________________
Signature of the Offeror’s Authorized Official
_____________________________________________________
Printed Name and Title of the Offeror’s Authorized Official
Firm Name
_____________________________________________________
Date
EXHIBIT F
YOLO COUNTY TRANSPORTATION DISTRICT
350 INDUSTRIAL WAY
WOODLAND, CA 95776
RESTRICTIONS ON LOBBYING CERTIFICATE
Submit this form with the OFFER, failure to do so is grounds for disqualification.
One form required of OFFEROR and subcontractor having greater than a $100,000 share of the OFFER, 31 U.S.C. ( 1352 and U.S. DOT regulations on “New Restrictions on Lobbying,” 49 C.F.R. Part 20.
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, as signed below, 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.
|OFFEROR’S Company Name | |
|Legal Structure (corp./partner/properietor) | |
|Principle Office Address | |
|City, State, Zip | |
|Phone Number | |
|Fax Number | |
|E-Mail | |
|Federal Employer Identification Number | |
|Title of Person Authorized to Sign | |
|Print Name of Person Authorized to Sign | |
|Date Signed Authorized and Signature | |
EXHIBIT G
NO OFFER FORM
To assist YCTD in obtaining good competition on its bid/proposal/quote, we ask that if you received an invitation but do not wish to participate, please state the reason(s) below and return this form to Terry Bassett electronically to tbassett@ by fax to 530-661-1732 or by U. S. mail to the Yolo County Transportation District, 350 Industrial Way, Woodland, CA 95776.
This information will not preclude receipt of future invitations unless you request removal from the Bidder’s List by so indicating below.
Unfortunately, we must offer a “No Bid/Proposal/Quote” at this time because:
1. We do not wish to participate in the bidding process (please provide reason):
_____________________________________________________________
_____________________________________________________________
2. We do not wish to bid/propose/quote under the terms and conditions of the Invitation for Bid/Proposal/Quote document. Our objections are:
3. We do not feel we can be competitive (please explain):
4. We do not provide the services that the IFB/RFP/RFQ requested.
5. Other:
We wish to remain on the Bidder’s List.
We wish to be removed from the Bidder’s List.
FIRM NAME:
AUTHORIZED SIGNATURE:
TITLE:
-----------------------
Yolo County Transportation District
350 Industrial Way, Woodland, CA 95776
(530) 661-0816 - (530) 661-1732 fax
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