RIVERSIDE TRANSIT AGENCY, 1825 Third Street, Riverside, CA 92507 (951) 565-5000
REQUEST FOR PROPOSALS (RFP) 16-055 MOBILE TICKETING APPLICATION
Key RFP Dates
Issued:
November 16, 2016
Written Questions:
December 2, 2016 5 p.m.
Response to Questions:
December 9, 2016
Proposals Due:
December 19, 2016 2 p.m.
Vendor Interviews (if necessary)
Week of January 16, 2017
1825 Third Street P.O. Box 59968 Riverside, CA 92517 Phone: (951) 565-5000 Fax: (951) 565-5001
November 16, 2016 SUBJECT:
NOTICE OF REQUEST FOR PROPOSALS RFP 16-055: Mobile Ticketing Application
Gentlemen/Ladies: The Riverside Transit Agency (Agency) invites proposals from qualified vendors to provide a mobile ticketing application for purchasing bus fares. The selected vendor shall deliver a technically proven, yet innovative, solution that incorporates the latest technical offerings from the mobile application industry as well as mobile payment and transportation industries that will provide a mobile application to support mobile far payment and facilitate and support RTA’s fare policies and technical requirements. Proposals must be submitted at or before 2:00 p.m., on Monday, December 19, 2016. If Proposals are delivered using the United States Postal Service, Offerors shall use the address specified below: Riverside Transit Agency Purchasing Department 1825 Third Street P.O. Box 59968 Riverside, CA 92517-1968 Attention: G. Obregon Proposals and amendments to proposals received after the date and time specified above will be returned to the Offerors unopened. Parties interested in obtaining a copy of this Request for Proposals (RFP) 16-055, may do so by providing the information below via email to
[email protected] or by fax to (951) 565-5076. • Firm name • Address • Contact person • Telephone and fax numbers, and e-mail address • Request For Proposals (RFP) 16-055
Notice of Request for Proposals RFP 16-055: Mobile Ticketing Application November 16, 2016 Page 2
Copies of this Request for Proposals may also be obtained by calling the Purchasing Department at (951) 565-5076. The Contract to be awarded will be paid for in part with funds from the Federal Transit Administration (FTA); the successful firm will be required to comply with all applicable rules and regulations including equal opportunity, debarment/suspension, etc. Interviews will be scheduled for the period of the week of January 16, 2017. Please keep these dates open. Should further information or clarification be needed, please contact the undersigned at (951) 565-5076. Sincerely,
Gabriel Obregon Contracts Manager
TABLE OF CONTENTS
NOTICE FOR REQUEST FOR PROPOSALS SECTION I
INSTRUCTIONS TO OFFERORS
SECTION II
PROPOSAL CONTENT
SECTION III
EVALUATION AND AWARD A.
EVALUATION CRITERIA
B.
EVALUATION PROCEDURE
C.
AWARD
D.
NOTIFICATION OF AWARD AND DEBRIEFING
SECTION IV
DISADVANTAGED BUSINESS ENTERPRISE
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
COST AND PRICE FORMS
EXHIBIT C
SAMPLE AGREEMENT
EXHIBIT D
REQUIRED FORMS
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SECTION I INSTRUCTIONS TO OFFERORS
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SECTION I INSTRUCTIONS TO OFFERORS
A.
EXAMINATION OF PROPOSAL DOCUMENTS By submitting a proposal, Offeror represents that it has thoroughly examined and become familiar with the services required under this RFP and that it is capable of performing quality services to achieve the Agency’s objectives. Failure to comply with all requirements of this RFP and any subsequent amendments issued may result in the Offeror’s proposal being excluded from further evaluation.
B.
ADDENDA Any Agency changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Contract. The Agency will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions.
C.
CLARIFICATIONS 1.
Examination of Documents Should an Offeror require clarifications of this RFP, the Offeror shall notify the Agency in writing in accordance with Section D.2. below. Should it be found that the point in question is not clearly and fully set forth; the Agency will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFP. Please note that it is not the Agency’s policy to disclose the project budget during the solicitation phase of the procurement.
2.
Submitting Requests a.
All questions must be put in writing and must be received by the Agency no later than 5:00 p.m. on Friday, December 2, 2016.
b.
Requests for clarifications, questions and comments must be clearly labeled, "Written Questions". The Agency is not
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responsible for failure to respond to a request that has not been labeled as such. c.
3.
Any of the following methods of delivering written questions are acceptable as long as the questions are received no later than the date and time specified above: (1)
U.S. Mail: Riverside Transit Agency, 1825 Third Street, P.O. Box 59968, Riverside, California 92517-1968.
(2)
Personal Courier: Purchasing and Materials Management Department, 1825 Third Street, Riverside, California 92507.
(3)
Facsimile: The fax number is (951) 565-5077.
(4)
E-Mail:
[email protected]; Attention: Obregon
G.
Agency Responses Responses from the Agency will be communicated by e-mail to all recipients of this RFP, and will be sent no later than close of business on Friday, December 9, 2016. Inquiries received after Friday, December 2, 2016, will not be accepted and will be returned to the sender without response.
D.
SUBMISSION OF PROPOSALS 1.
Date and Time Proposals must be submitted at or before 2:00 p.m. on Monday, December 19, 2016. Proposals received after the above-specified date and time will be returned to Offerors unopened.
2.
Address Proposals delivered in person or by a means other than the U.S. Postal Service shall be submitted to the following:
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Riverside Transit Agency Purchasing and Materials Management 1825 Third Street Riverside, California 92507 Attention: G. Obregon Or proposals delivered using the U.S. Postal Services shall be addressed as follows: Riverside Transit Agency Purchasing and Materials Management P.O. Box 59968 Riverside, California 92517-1968 Attention: G. Obregon 3.
Identification/Submittal of Proposals Proposals shall be submitted in two (2) separately sealed packages. Each package shall be marked as specified below: Proposals shall be submitted in Package No. 1 (Technical Proposal) as one (1) unbound original, four (4) unbound copies and one (1) electronic copy on a USB/flash drive, and addressed as shown above, bearing the Offeror’s name and address and clearly marked as follows: "RFP 16-055: MOBILE TICKETING APPLICATION – Technical Proposal” Offeror shall submit its Price Proposal and all required forms in Package No. 2 as one (1) original only, addressed as shown above, bearing the Offeror’s name and address and clearly marked as follows: "RFP 16-055: MOBILE TICKETING APPLICATION – Cost and Price Proposal”
4.
Acceptance of Proposals a.
The Agency reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals.
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E.
b.
The Agency reserves the right to withdraw this RFP at any time without prior notice and the Agency makes no representations that any contract will be awarded to any Offeror responding to this RFP.
c.
The Agency reserves the right to postpone proposal openings for its own convenience.
d.
The Agency reserves the right to award portions of the Scope of Work as it deems necessary.
PRE-CONTRACTUAL EXPENSES Pre-contractual expenses are defined as expenses incurred by Offeror in: (1) (2) (3) (4)
Preparing its proposal in response to this RFP; Submitting that proposal to the Agency; Negotiating with the Agency any matter related to this proposal; or Any other expenses incurred by Offeror prior to date of award, if any.
The Agency shall not, in any event, be liable for any pre-contractual expenses incurred by Offeror in the preparation of its proposal. Offeror shall not include any such expenses as part of its proposal. F.
JOINT OFFERS Where two or more Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture. The Agency intends to contract with a single firm and not with multiple firms doing business as a joint venture.
G.
TAXES Offerors’ proposals are subject to State and Local sales taxes; however, the Agency is exempt from the payment of Federal Excise and Transportation Taxes.
H.
PROTEST PROCEDURES The Agency has on file a set of written protest procedures applicable to this solicitation that may be obtained by contacting the administrator responsible for this procurement. Any protests filed by an Offeror in connection with this RFP must be submitted in accordance with the Agency’s written procedures.
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J.
PROPOSED AGREEMENT The successful Offeror will be subject to the provisions contained in the Proposed Agreement No. 16-055 included in this RFP as Exhibit C, except that changes may be made to reflect the terms of the successful Offeror’s proposal. The final Agreement shall incorporate the “Scope of Services” (see Exhibit A to RFP), the successful Offeror’s proposal, and the successful Offeror’s “Cost and Price Forms”. The final Agreement may also incorporate other pertinent terms and conditions set forth in this RFP. The Offeror’s attention is directed particularly to Article 16 “Insurance”, which specifies the minimum insurance requirements that must be met by the successful Offeror. Should the successful firm be unable to provide evidence of insurance within fourteen days after notification of award by Agency, award may be made to the next qualified firm. The Offeror’s inability or unwillingness to meet any requirements set forth in Exhibit C-Proposed Agreement as a condition of contract award, must be stated as an exception in the proposal.
K.
CONTRACT TYPE It is anticipated that the Agreement resulting from this solicitation, if awarded, will be a Firm Fixed Price contract based on fixed unit prices for all services set forth in the Scope of Work included this RFP as Exhibit A. While a Firm Fixed Price is the preferred method of pricing, the Agency will also consider offers quoted on a cost-plus-fixed-fee or time-andexpense basis, although the latter, in particular, may be subject to a significant deduction of points in the Agency’s evaluation of the proposals received.
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SECTION II PROPOSAL CONTENT
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SECTION II. PROPOSAL CONTENT PROPOSAL FORMAT AND CONTENT 1.
Presentation Proposals shall be submitted in accordance with Section I E.3. Proposals shall be typed and not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged and presentations should be brief and concise. Proposals shall be organized as set forth below.
2.
Letter of Transmittal The Letter of Transmittal shall be included in the technical proposal submittal and addressed to G. Obregon, and must, at a minimum, contain the following:
3.
a.
Identification of Offeror, including name, address, email address, facsimile and telephone numbers.
b.
Proposed working relationship between Offeror and subcontractors who supply or provide services that are 10% or greater of the total component costs. Provide subcontractors name, address and telephone numbers.
c.
Acknowledgment of receipt of all RFP addenda, if any. Name, title, address, telephone number, and e-mail address of contact person during period of proposal evaluation.
d.
A statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal.
e.
Name and signature of a person authorized to bind Offeror to the terms of the proposal and to negotiate contract price/terms on Offeror’s behalf.
f.
A statement attesting that all information submitted with the proposal is true and correct.
Technical Proposal a.
Qualifications, Related Experience and References of Offeror This section of the proposal should establish the ability of Offeror and Offeror’s subcontractors to satisfactorily perform the required work by reasons of: experience in performing work of a similar
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nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; current work load of firm; record of meeting schedules on similar projects and supportive client references. Offeror shall: (1)
Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees.
(2)
Provide a general description of the firm’s financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger, potential labor disputes) that may impede Offeror’s ability to complete the project. Audited financial statements, a Dun & Bradstreet report or a one-page summary from a CPA shall be submitted. This statement should clearly identify the financial status and condition of the Offeror’s immediate business entity, as well as that of the overall Company structure, if applicable. The date of this statement should cover a period of at least one (1) year and should be dated no more than twelve (12) months prior to the date of the proposal submission.
(3)
Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to the Agency’s project. Include the name and location of each project, the year it was initiated, completed or the anticipated completion, and the contract value.
(4)
Identify subcontractors providing services that are proposed to provide 10% or greater of the total services costs. State the company name, address, contact person, telephone number and project function. Describe Offeror’s experience working with each proposed subcontractor and information specific to the subcontractor’s qualifications to perform the identified services. Section IV – DBE forms need to be completed and submitted.
(5)
Provide a minimum three (3) references for the projects cited as related experience, and furnish the name, title, address, email address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Offeror may also supply references from other work not cited in this section as related experience. Offeror
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should ensure contact names/telephone numbers are accurate; inaccurate references may be a factor in the overall evaluation of the proposal. b.
Project Staffing and Project Organization This section of the proposal should establish the method that will be used by the Offeror to manage the project and its subcontractors. Key personnel assigned to Agency’s project shall be identified. Offeror shall:
c.
(1)
Provide education, qualifications and experience of proposed personnel and sub-consultants. Include applicable professional credentials of “key” project staff.
(2)
Submit a project organization chart clearly indicating all communication/reporting relationships among the project functions and staff, including subcontractors.
(3)
Provide resumes (not more than 2 pages) of the proposed Project Manager and all identified key personnel that will be assigned to the Agency project including subcontractors.
(4)
Identify key personnel proposed to perform the work in the specified tasks and include major areas of sub-consultant work. Include the person’s name, current location, proposed position for this project, current assignment(s), level of commitment to all assignment(s), availability for this assignment, and how long each person has been with the firm.
(5)
Include the statement that key personnel will be available to the extent proposed for the duration of the project and acknowledge that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the Agency.
Technical Approach/Work Plan Offeror shall provide a detailed narrative addressing the Exhibit A, Scope of Work requirements and demonstrating Offeror’s understanding of Agency's needs and requirements. Offeror shall:
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4.
(1)
Describe the approach and work plan for completing the tasks specified in the Scope of Work. The work plan shall be of sufficient detail to clearly demonstrate the Offeror’s ability to accomplish the project objectives and overall schedule.
(2)
Outline sequentially the activities that would be undertaken in completing the tasks and specify which project team member will perform them.
(3)
Provide a record of on-time completion for previous projects and identify your approach to completing this work on time.
(4)
Identify the methods the Offeror will use to ensure quality control and budget and schedule control for the project.
(5)
Identify any special issues or problems that are likely to be encountered during the design and/or construction portion of the project and how the Offeror proposes to address them.
(6)
Offeror is encouraged to propose enhancement or procedural or technical innovations to the Scope of Work that do not materially deviate from the objectives or required content of the project.
Cost and Price Proposal The Offeror shall complete the "Cost and Price" forms included with this RFP (Exhibit B). These “Cost and Price” forms, and all other required forms, must be sealed in a separate package labeled Package No. 2 as outlined in Section I, Instructions to Offerors, § E.3. a.
Exceptions/Deviations Exceptions to or deviations from the requirements of this RFP shall be grouped by "technical" or “contractual" exceptions/deviations; shall reference the particular section in the Scope of Services or Agreement Article that refers to Agency’s requirements, and shall be included in the Cost and Price Proposal envelope (Package 2). If your firm has no clarification, exception or deviation, a statement to that effect shall be included in the Cost and Price Proposal envelope (Package 2). Note: Proposals with exceptions/deviations not clarified during the clarification phase described in Section 1 § D may be eliminated from further consideration.
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5.
Required Forms (Exhibit D) The following narratives are provided for your information; all forms in Exhibit D must be completed, signed by an authorized employee and included in Package No. 2 (Cost and Price Proposal). a.
Party and Participant Disclosure Forms In conformance with the statutory requirements of the State of California Government Code Section 84308, part of the Political Reform Act and Title 2, California Code of Regulations 18438 through 18438.8, regarding campaign contributions to members of appointed Boards of Directors, Offeror is required to complete the Party and Participant Disclosure Forms provided in Exhibit D of this RFP and submit as part of the proposal. Both Offeror and its subcontractors must complete the form entitled “Party Disclosure Form”. Lobbyists or agents representing the Offeror in this procurement must complete the form entitled “Participant Disclosure Form”.
b.
Certification of Debarment Policy Unless otherwise permitted by law, any person or firm that is debarred, suspended, or voluntarily excluded, as defined in 2 CFR Part 180, Subpart I, may not take part in certain federally funded transactions, either as a participant or a principal, during the period of debarment, suspension, or voluntary exclusion. Accordingly, the Agency may not enter into any transaction with such debarred, suspended, or voluntarily excluded persons or firms during such period. The Agency uses a certification process as a means to ensure that debarred, suspended, or voluntarily excluded persons or firms do not participate in a federally assisted project (See Exhibit D for form). The inability to provide the required certification will not necessarily result in denial or participation in a covered transaction. A person or firm that is unable to provide a positive certification, as required by this solicitation, must submit a complete explanation attached to the certification. Failure to furnish a certification or an explanation may disqualify that person or firm from participating in the project. Each potential contractor for a major third party contract must provide to the Agency a certification for a primary participant. Each
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potential subcontractor must provide to the Agency a certification for a lower-tier participant. In general, subcontracts of less than $25,000 will not be covered by the certification procedures. c.
Restrictions on 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 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with nonFederal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Failure to complete this certification shall render an Offer nonresponsive to this solicitation and will result in the rejection of the Offer.
6.
Public Records Policy Responses (proposals) to this Request for Proposal (RFP) and the documents constituting any Contract entered into thereafter become the exclusive property of Agency and shall be subject to the California Public Records Act (Government Code Section 6250 et seq.). Agency’s use and disclosure of its records are governed by this Act. Those elements in each proposal which Offeror considers to be trade secrets, as that term is defined in Civil Code Section 3426.1(d), or otherwise exempt by law from disclosure, should be prominently marked as “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY” by Offeror. Agency will use its best efforts to inform Offeror of any request for disclosure of any such document. Agency, shall not in any way, be liable or responsible for the disclosure of any such records including, without limitation; those so marked if disclosure is deemed to be required by law or by an order of the Court. In the event of litigation concerning disclosure of information the Offeror considers exempt from disclosure, Agency will act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If Agency is required to defend an action arising out of a Public
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Records Act request for any of the contents of a Offeror’s proposal marked “Confidential”, “Proprietary”, or “Trade Secret”, Offeror shall defend and indemnify Agency from all liability, damages, costs, and expense, including attorneys’ fees, in any action or proceeding arising under the Public Records Act. To insure confidentiality, Offerors are instructed to enclose all “Confidential, “Proprietary,” or “Trade Secret” data in separate sealed envelopes, which are then included with the proposal documents. Because the proposal documents are available for review by any person after award of a contract resulting from an RFP, Agency shall not in any way be held responsible for disclosure of any “Confidential,” Proprietary,” or “Trade Secret” documents that are not contained in envelopes and prominently marked. 7.
Appendices Information considered by Offeror to be pertinent to this project and which has not specifically been solicited in any of the aforementioned sections may be placed into a separate appendix section. However, Offerors are cautioned that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief.
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SECTION III EVALUATION AND AWARD
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SECTION III. EVALUATION AND AWARD A.
EVALUATION CRITERIA The Agency will evaluate the offers received based on the following criteria: 1.
Qualifications, Related Experience, and References (25%) Technical experience in performing work of a closely similar nature; experience working with public agencies; strength and stability of the firm; strength, stability, experience and technical competence of subcontractors; assessment by client references; references demonstrating success in providing similar services.
2.
Staffing and Project Organization (20%) Qualifications of project staff, particularly key personnel and especially the Project Manager; key personnel’s level of involvement in performing related work cited in “Qualifications of the Firm” section; logic of project organization; adequacy of labor commitment; concurrence in the restrictions on changes in key personnel.
3.
Work Plan (30%) Depth of Offeror's understanding of Agency's requirements as set forth in Exhibit A-Scope of Services and within this RFP, overall quality of work plan; logic, clarity and specificity of work plan; appropriateness of labor distribution among the activities; ability to meet anticipated project milestone dates (Exhibit A); utility of suggested technical or procedural innovations.
4.
Cost and Price (20%) Reasonableness of the total price and competitiveness of this amount with other offers received; adequacy of data in support of figures quoted; reasonableness of price; basis on which prices are quoted (FFP, CPFF, T & E).
5.
Completeness of Response (5%) Completeness of response in accordance with RFP instructions; exceptions to or deviations from the RFP requirements that the Agency cannot or will not accommodate; and any other relevant factors not considered elsewhere.
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B.
EVALUATION PROCEDURE An Evaluation Committee comprised of Agency staff, will evaluate all proposals, received as specified, in accordance with the above criteria. The evaluators in applying the major criteria to the proposals may consider additional sub-criteria beyond those listed. Furthermore, as a result of RFP changes and/or necessary proposal clarifications, a request for final revised pricing may be issued after the proposals are submitted but before contract award. During the evaluation period, the Agency reserves the right to interview some or all the proposing firms and the right to conduct site inspections of some or all of the Offeror’s facilities.
C.
AWARD The Agency will evaluate the proposals received and will submit the proposal considered to be the most competitive to the Agency’s Board of Directors, for consideration and selection. The Agency may also negotiate contract terms with the selected Offeror prior to award, and expressly reserves the right to negotiate with several Offerors simultaneously and, thereafter, to award a contract to the Offeror offering the most favorable terms to the Agency. The Agency reserves the right to award its total requirements to one Offeror or to award portions of the Scope of Services to one or more Offerors as the Agency may deem to be in its best interest. In addition, negotiations may or may not be conducted with Offerors; therefore, the proposal submitted should contain Offeror's most favorable terms and conditions, since the selection and award may be made without discussion with any Offeror.
D.
NOTIFICATION OF AWARD AND DEBRIEFING Offerors who submit a proposal in response to this RFP shall be notified in writing regarding the firm who was awarded the contract. Such notification shall be made within three (3) days of the date the contract is awarded. Offerors who were not awarded the contract may obtain a prompt explanation concerning the strengths and weaknesses of their proposal. Unsuccessful Offerors, who wish to be debriefed, must request the debriefing in writing and the Agency must receive it within three (3) days of notification of the contract award.
SECTION IV DISADVANTAGED BUSINESS ENTERPRISE Federal Fiscal Year 2016 / 2018
10/1/2015
1
DISADVANTAGED BUSINESS ENTERPRISE
Riverside Transit Agency Assurance. Riverside Transit Agency (“Agency”) shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) assisted contract, or in the administration of its Disadvantaged Business Enterprise (DBE) Program, or the requirements of 49 CFR Part 26. The Agency will take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and administration of DOT-assisted contracts. It is the policy of the Agency to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to the Agency’s construction, procurement and professional services activities. Contractor Assurance. Pursuant to 49 CFR Part 26, the Contractor is required to make the following assurance in its agreement with the Agency and to include this assurance in any agreements it makes with subcontractors in the performance of this contract: “The Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure of the Contractor or Subcontractor to carry out these requirements is a material breach of contract, which may result in the termination of contract by the Agency, or any other such remedy the Agency may deem appropriate, which may include, but is not limited to: (1) Withholding monthly progress payment; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Contractor or Subcontractor from future bidding as nonresponsible”. The Agency’s DBE Program, as required by 49 CFR Part 26, as approved by DOT, is incorporated by reference in this section. Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this contract. Upon notification of failure to carry out its approved program, the DOT and/or the Federal Transit Administration (FTA) may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq).
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2
In accordance with Part 26, Title 49 of Code of Federal Regulations, “Participation by Disadvantaged Business Enterprise in Department of Transportation Programs,” the Agency sets a specific percentage for participation by DBE certified firms. This percentage goal is based upon the total amount of Federal dollars the Agency anticipates spending over the fiscal year as compared to the amount of ready, willing and able DBEs to perform Federally funded projects. For the current fiscal year, the Agency has established a DBE participation goal of 2%. The Agency intends to meet this goal to the maximum extent feasible through raceneutral measures, including the encouragement of DBE participation on contracts which have no specific DBE goal. DBE Participation Goal For This Contract. X
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No DBE participation goal has been established for this contract.
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CALIFORNIA UNIFIED CERTIFICATION PROGRAM (CUCP) CUCP participants include municipalities, counties, transit agencies, airports, special districts, and the State Department of Transportation that administer and award contracts funded by the U.S. Department of Transportation (USDOT). CUCP participants are classified as certifying and non-certifying members. A certifying agency performs Disadvantaged Business Enterprise (DBE) certification on behalf of the State of California and this certification applies to all USDOT funded contracts. Certification activities performed by a certifying agency include, among others, processing DBE applications, performing DBE site interviews, making DBE certification decisions, investigating certification complaints and appeals, and maintaining a single Statewide directory of certified DBEs. Contact a certifying agency if you have a question about DBE certification. A non-certifying agency adheres to all aspects of the USDOT DBE program, except it does not perform DBE certification activities. A non-certifying agency accepts all firms certified as a DBE by a certifying member. Accordingly, the DBEs listed on the CUCP DBE directory is eligible to participate on all USDOT funded contracts administered by a CUCP participant. Contact a CUCP participant, both certifying and non-certifying, about contract opportunities.
CERTIFYING CUCP AGENCIES For certification inquiries for Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties: CITY OF LOS ANGELES Bureau of Contract Administration 1149 S. Broadway Street, Room 300 Los Angeles, CA 90015 Phone: (213) 847-1922 Fax: (213) 847-2777 http://bca.lacity.org LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) Diversity and Economic Opportunity Department One Gateway Plaza Los Angeles, CA 90012 Phone: (213) 922-2600 Fax: (213) 922-7660 www.metro.net SAN DIEGO AIRPORT CONCESSIONS ONLY: SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY Small Business Development Department P.O. Box 82776 San Diego, CA 92138-2776 Phone: (619) 400-2568 Fax: (619) 400-2566 www.san.org
CUCP – Roster of Certifying Agencies Updated 12/2007
For Alameda, Amador, Calaveras, Contra Costa, Fresno, Kings, Madera, Marin, Mariposa, Merced, Monterey, Napa, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, Stanislaus, Tulare, and Tuolumne counties: S.F. BAY AREA RAPID TRANSIT DISTRICT (BART) Office of Civil Rights 300 Lakeside Drive 18th Floor Oakland, CA 94612 Phone: (510) 464-7580 Fax: (510) 464-7587 www.bart.gov CITY OF FRESNO DBE Program 2101 G Street, Building A Fresno, CA 93706 Phone: (559) 621-1182 Fax: (559) 488-1069 www.ci.fresno.ca.us SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA) Office of Small & Disadvantaged Businesses 3331 North First Street, Building A San Jose, CA 95134-1906 Phone: (408) 321-5962 Fax: (408) 955-9729 www.vta.org CENTRAL CONTRA COSTA TRANSIT AUTHORITY (CCCTA) Office of Civil Rights 2477 Arnold Industrial Way Concord, CA 94520-5327 Phone: (925) 676-1976 Fax: (925) 686-2630 www.cccta.org SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY (SFMTA) Contract Compliance Office San Francisco Municipal Railway 1 South Van Ness Avenue, 3rd Floor San Francisco, CA 94103 Phone: (415) 701-4443 Fax: (415) 701-4347 www.sfmuni.com SAN MATEO COUNTY TRANSIT DISTRICT (SAMTRANS)/ PENINSULA CORRIDOR JOINT POWERS BOARD (JPB) DBE Office 1250 San Carlos Avenue San Carlos, CA 94070 Phone: (650) 508-7939 Fax: (650) 508-7738 www.samtrans.com
CUCP – Roster of Certifying Agencies Updated 12/2007
AIRPORT CONCESSIONS ONLY: SAN FRANCISCO INTERNATIONAL AIRPORT Airport Minority/Women Opportunity P.O. Box 8097 San Francisco, CA 94128 Phone: (650) 821-5021 Fax: (650) 821-5146 www.flysfo.com
For Alpine, Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Inyo, Lake, Lassen, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba counties: CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Civil Rights MS 79 1823 14th Street Sacramento, CA 95814 Phone: (916) 324-1700 or (866) 810-6346 Fax: (916) 324-1862 www.dot.ca.gov YOLO COUNTY TRANSPORTATION DISTRICT (YOLOBUS) DBE Programs 350 Industrial Way Woodland, CA 95776 Phone: (530) 661-0816 Fax: (530) 661-1732 www.yctd.org
Riverside Transit Agency CONTRACT COMPLIANCE
BIDDERS LIST OF PARTICIPATING FIRMS PROJECT NAME: _______________________________________________
PRIME CONTRACTOR NAME/ADDRESS
DBE?
FIRM AGE/ CONTRACTING LICENSE #
DATE: ______________________________
ANNUAL GROSS $$ REVENUE
WORK TYPE * / NAICS CODE
SUBCONTRACTORS NAME/ADDRESS:
* P = PROFESSIONAL CONSULTING SERVICES, C = CONSTRUCTION, S = SUPPLIES, E = EQUIPMENT, O = OTHER (describe)
Report prepared by: ______________________________________________________
Signature: _________________________________
Title: __________________________________________________________________
Date: _____________________________________ 02.13.15
Riverside Transit Agency CONTRACT COMPLIANCE
DBE / NON-DBE PARTICIPATION PROJECT NAME: _______________________________________________
SUBCONTRACTOR NAME/ADDRESS/License #
WORK TO BE PERFORMED / NAICS CODE
DATE: ______________________________
ESTIMATED $$ PARTICIPATION
PERCENT OF TOTAL CONTRACT VALUE
Report prepared by: ______________________________________________________
Signature: _________________________________
Title: __________________________________________________________________
Date: _____________________________________ 02.13.15
Riverside Transit Agency CONTRACT COMPLIANCE
SUMMARY OF SUBCONTRACT AWARD AND MONTHLY PAYMENTS REPORT PROJECT NAME: _______________________________________________
CONTRACTOR NAME: ______________________________
REPORTING PERIOD: From: ______________ To: __________________ SUBCONTRACTOR NAME/ADDRESS
SUBCONTRACT $$ AMOUNT
DBE?
WORK ASSIGNMENT / NAICS CODE
DOLLARS PAID THIS MONTH
DOLLARS PAID TO DATE
Report prepared by: ___________________________________________________
Signature: _________________________________
Title: _______________________________________________________________
Date: _____________________________________ 11.16.15
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SERVICES Mobile Ticketing Application Background The Riverside Transit Agency (RTA) would like to offer customers a new choice in purchasing bus fares through a mobile ticketing app. Proposers shall provide the primary mobile app and provide RTA with the necessary support required to assist in the early stages of the implementation of the mobile app. The selected vendor shall deliver a technically proven, yet innovative, solution that incorporates the latest technical offerings from the mobile application industry as well as mobile payment and transportation industries that will provide a mobile application to support mobile fare payment and facilitate and support RTA’s fare policies and technical requirements. The primary focus of the solution is to provide an alternative fare media to minimize use of cash and magnetic fare media. In general, the contractor shall deliver a complete system. RTA requires a turnkey solution that shall include design, manufacture, testing, delivery, site preparation, installation, and assistance with associated hardware, software, communications, all system interfaces, all other system components, operations, maintenance, licenses, support and training. RTA currently has GFI Odyssey fareboxes installed on the revenue vehicles that provide fixed-route services, and Diamond drop box fareboxes on Dial-A-Ride paratransit vehicles. RTA’s current fare collection system has been in place for nearly 16 years. RTA has a proactive preventive maintenance program and expects to continue using the GFI Odyssey fareboxes for approximately 3 to 5 years to collect cash payments and accept magnetic cards currently used by customers. Therefore, RTA is seeking a fare collection solution to complement and enhance with the existing fare collection system. The proposed solution shall provide RTA’s passengers with reliable, secure, intuitive interfaces for various ticket types, including: 1-Ride, 1-Day, 7 Day and 30-Day passes, as well as promotional tickets and pricing options. The system also needs to support discounts for Youth, Senior/Disabled, Medicare and Veteran customers. Proposed solutions shall provide ease of use functionality in fare enforcement. The solution shall offer both visual and electronic (bar code, QR, and/or scanner) forms of fare verification. About RTA 1. Types of Service RTA’s transit service consists of three primary services; 1) Local and community fixed route bus service (Routes 1-79) 2) CommuterLink Express bus service (Routes 200-217) 1
3) Dial-A-Ride paratransit service In September 2017, RTA plans to introduce RapidLink limited-stop bus service between UCR and the Corona Transit Center along University and Magnolia avenues. 2. Current Fixed Route Fare Products and Costs Local Fixed Routes Fares FARE CATEGORIES General Youth (grades 1-12) Senior / Disabled Medicare Card Holder Veteran Child (46" tall or under)
CASH FARE $1.50 $1.50 70¢ 70¢ 70¢ 25¢
1-DAY PASS $4 $4 $2 $2 $2 N/A
7-DAY PASS $16 $16 $16 $16 $16 N/A
CASH FARE $3 $3 $2 $2 $2 $2
1-DAY PASS $7 $7 $5 $5 $5 N/A
30-DAY PASS $75 $75 $50 $50 $50 N/A
CommuterLink Fares FARE CATEGORIES General Youth (grades 1-12) Senior / Disabled Medicare Card Holder Veteran Child (46" tall or under) 3. Fare Revenue Sources Below details the fixed-route fare revenue sources for Fiscal Year 2016: Cash Retail Pass Outlets U-Pass/Go-Pass Social Service Agencies Other Tickets and Passes Total
$5,054,928 1,078,189 868,095 892,630 573,212 $8,467,054
4. Fleet RTA’s fixed-route revenue transit fleet consists of the following: 2
30-DAY PASS $50 $35 $23 $23 $23 N/A
Manufacturer/Model Gillig BRT Plus Chance Trolley Specialty Trolley Eldorado Aero Elite Type VII Startrans E-Lo Eldorado Aero Elite
Quantity 145 3 2 4 14 57 225
5. BusWatch Mobile App RTA is in the beta testing stage of a mobile application BusTime by Clever Devices, branded by RTA as BusWatch, that provides real-time route and stop information as well as schedule information for all fixed-route buses. This application is available for iOS and Android phones. Additionally, the mobile website provides several tools to riders on their mobile platforms including: trip planning, real-time map (real-time route and stop information) and rider alerts. The service will also provide a text service using SMS to inform riders when their bus is estimated to arrive based on real-time location information at a specific bus stop. General Requirements The Scope of Services describes RTA’s minimal functional requirements for the planned mobile ticketing app. The proposer should note that this RFP is illustrating RTA’s functional requirements; it is not a prescription for how the proposer/contractor should design its proposed system. RTA recognizes that the technology landscape is moving and vendors may have new products and ideas that provide a better methodology to meet RTA’s requirements. The proposer shall describe in its proposal how its anticipated solution will address RTA’s requirements and document where it may deviate from these requirements. It is preferred that the system have the ability to have an account-based back end and allow customers the ability to manage one mobile ticketing application or many under one account. Multiple ticketing applications may be needed for individuals who have more than one rider, e.g., husband, wife, children. The application must also capture ridership statistics. The mobile application should have some method to detect when the pass is used by tying it to a bus stop and tracking usage in that manner. The systems must have a means to detect when the pass is opened in areas that are not on the system and also be able to filter out multiple usage, e.g., the pass is opened multiple times at the same geography and within a short (configurable) time frame. RTA anticipates a two-phased approach to this project, and possibly two procurements; one procurement for the development of the app and associated services and a second procurement for hardware (stand-beside readers). It is anticipated that the Phase 1 3
system will use the mobile ticket as a flash pass to be visually inspected by the operator and then either the operator would key into the farebox to document the ride, or the mobile ticketing application would have a means to identify that a ride has been taken and would document the ride through their back office application. The basic system will be visual validation only; the vendors will need to explain how operators can distinguish that the pass being presented is valid and proper for the route (e.g. color-coding, animation, etc.). An option is requested to allow the mobile ticketing vendor to recommend how passes could be validated on vehicle and how this system can also be used to track ridership and pass usage. Eventually, the complete system will allow for acceptance of mobile ticketing, including possible installation of readers on buses, as well as integration with the RTA fare system. The system should be able to accommodate fare products, as chosen by RTA. RTA will conduct a fare policy study in the near future and proposers shall incorporate any recommended changes to the fare structure and fare products into the mobile ticketing application. Fare System Goals and Objectives Implementation of an app-based fare payment system hopes to achieve some of the following goals: • Stimulate growth in ridership. • Decrease dwell time. • Increase ease of use for customers to promote customer self-service. o A goal for the new fare collection system is to improve the rider experience by giving the rider easier ways to pay. The easy acceptance of mobile fares and consequent improvement in boarding speeds is expected to improve the rider experience. • Foster regional transit fare integration. o It is important for RTA to implement a solution that meets current needs, and provides a transition path to meet the future needs of the region. RTA wishes to avoid technologies that are closed, out of date and not scalable. • Reduce current magnetic fare media and reduce maintenance costs. • Reduce cash usage as fare and lower cash handling costs. • Decrease equipment maintenance costs – a reduction in cash collection and existing magnetic fare media should lead to a reduction in equipment maintenance costs. • Unify the riding experience by integrating mobile ticketing with other applications for trip planning, real time arrivals, etc. Ticket Design & Security Capabilities 1. Ability to create custom, animated tickets for visual authentication through backoffice software suite. • Change colors, components, speed, rotation, opacity and duration of animation. 4
• •
Integrate image layering to make images overlap and therefore much more difficult to copy. Automate changes for monthly, weekly, or other time-fixed schedules or rules.
2. Ability to create special events tickets or merchant branded tickets for community events or commercial/member agency partnerships. 3. Support for interactive touch feature that proves animated ticket is not a video replay. 4. Ability to integrate alphanumeric day codes or security codes that correspond to other agency fare media. 5. Support for displaying time stamps for ticket validation and expiration. 6. Mobile/online platform must have the ability to use promotional codes that allow for discounted tickets, trial tickets and special tickets that will be utilized by the marketing department for marketing campaigns and customer related issues. 7. Look and feel of mobile and online ticket should be branded by RTA. That design shall remain the property of RTA. Software Requirements RTA prefers a hosted solution that meets the following requirements: 1. The software must be Microsoft Windows based and operate on the latest Windows desktop, server operating systems, browser, and database management systems (DBMS). 2. The software must be compatible with Microsoft Windows operating systems, browsers, and DBMS within six months of the date of general public release and with the immediate past released version. Currently this would be Windows 10, Windows 8.1, Windows Server 2016, Windows Server 2012 R2, Internet Explorer 11, Microsoft Edge, Microsoft SQL Server 2016, and SQL Server 2014. Windows 7 must also be supported at this time 3. License-free shall be provided at no extra cost. 4. All future software updates for license-free software shall be included free of charge. 5. The software shall provide various levels of user access rights that allow and restrict access to various functions. 5
6. The software shall provide access to an unlimited number of users and feature multiple user access-levels with password protection to ensure system settings are secure. 7. It is preferred for the software’s security to be integrated with Microsoft Active Directory. 8. It is preferred for the client software to be browser based. Back-Office Capabilities 1. System configuration will include setting up options for which tickets will be presented for purchase, what characteristics they possess, the cost as well as other parameters that need to be established. 2. Ticket sales will entail information on tickets sold including other associated information such as purchase location, tickets not/never validated, etc. 3. Customer usage statistics will include information on tickets used including other associated information such as validation location, route/block validated, date, time and GPS coordinate of boardings. 4. An audit trail will be maintained of any patron eligibility and fare which were disabled/re-enabled by RTA, to include the time, and reason of/for the disabling/re-enabling. 5. Customer Information will include email address, profile information, etc. 6. Reporting should include ad hoc reporting on all aspects of the system data. 7. Ability to manage fare structure requirements. o Change pricing. o Change animation and visual security features such as time stamps. o Ability to enable or disable individual ticket types. 8. Ability to provide refunds to riders. o Refund all unused tickets or passes. o Refund select tickets or passes. o Refund specific monetary value. o Credit tickets. 9. Ability to see sales and transaction data in real-time, with capability to select custom date ranges for selected data. o Ability to select time of day for viewing data (ex: peak hour’s data).
6
10. Ability tools: o o o o
to easily export all data for integration with other software systems or .xls .csv .xml .PDF
11. Ability to run Sales reports: o Date ticket was used o Date if refunded o Fare type o Fare value o Payment card last four digits o Type of payment 12. Ability to run usage summary reports: o Number of new users o Attrition / Retention analysis o Total revenue o Number of riders using system o Number of tickets purchased o Number of tickets used o Number of users in system 13. Ability to run User statistics reports: o Total number of riders by type o Percentage of rider type o Revenue per rider type o Percentage of revenue for rider type o Type of rider o Total count for all riders 14. Ability to run ticket statistics report: o Count of ticket type o Percentage for type of ticket o Revenue for ticket type o Percentage of revenue for ticket type o Ticket type 15. Ability to run Revenue Summary report : o Total revenue for period o Total refunds for period Security Data security for the mobile ticketing application, system and interfaces shall employ the most current industry and U.S. government techniques to ensure that all data is 7
safeguarded from unauthorized access or use and programs are protected from cyberattack or computer virus. The mobile ticketing application shall contain a variety of security features to allow for RTA personnel to easily visually identify invalid, expired or fraudulent mobile tickets. All applications that process payments, and all communications and computer systems comprising the entire mobile ticketing system shall be in full compliance with Payment Card Industry (PCI) standards (www.pcisecuritystandards.org) at the time of design approval. Contractor shall identify and notify RTA of any changes to the standards that are instituted between the time of notice to proceed (NTP) and implementation and certify that their software meets these requirements. Contractor shall furnish documentation not less than 30 days after NTP to provide full details for compliance with all aspects of applicable PCI standards. The contractor shall remain PCI compliant at all times and annually provide certification of PCI compliance. In addition to the above, the system shall be compliant with all applicable PCI information supplements and guidelines in force, or that have a known implementation date, at the time of NTP. The contractor shall ensure that the application is compliant at all times and all costs associated with being PCI compliant will be that of the contractor. At no time is any customer credit card information to be stored and/or maintained by RTA’s database. Vendors shall document if any proprietary information traverses RTA’s network as part of this design and discuss PCI compliance and needs associated with their design’s use of RTA’s business network. Alternatives As the mobile phone market place continues to evolve, RTA is interested in innovative additions and ideas to expand its mobile ticketing operations. Alternatives to provide additional functionality should be provided as part of the proposal. These may include Bluetooth low energy, coupons, advertising, revenue sharing, and others. The proposer should identify any alternatives that are potentially applicable and feasible to operations that that are part of your base product that can be included at no additional cost as part of the proposal. Please also identify any scalable enhancements or upgrades that could be incorporated in the future.
8
EXHIBIT B
COST AND PRICE FORMS
RIVERSIDE TRANSIT AGENCY FORM 60 CONTRACT PRICING PROPOSAL Name of Offeror
RFP #16-055 “Form 60”
Home Office Address
CONTRACT NO. 16-055
Services to be Performed
TOTAL AMOUNT PROPOSED*
MOBILE TICKETING APPLICATION
$
1. Required Software
$
2. Required Hardware
$
3. Processing Fees (one time or recurring please specify)
$
4. Annual Licensing & Support
$
Other (Please detail on next page):
$ $
*
* Total Amount Proposed = sum of 1through 4
Above pricing shall include direct costs, indirect costs and profit; Agency's intent is to award a firm fixed price contract. Your price proposal here is to include furnishing of all labor, including full-time competent supervision, materials, supplies, insurance, applicable taxes and all other services and expenses necessary to perform the work as stated in Exhibit A, Scope of Work.
Firm Name
Name and Title
Signature
Date
EXHIBIT C
SAMPLE AGREEMENT
1
AGREEMENT NO. 16-055
2
BETWEEN
3
RIVERSIDE TRANSIT AGENCY
4
AND
5
CONTRACTOR
6 7
THIS AGREEMENT is made and entered into this ________ day of _____________________,
8
2016, by and between the RIVERSIDE TRANSIT AGENCY, located at 1825 Third Street, Riverside,
9
California 92507 (hereinafter referred to as “AGENCY”), and
10
(hereinafter referred to
as “CONTRACTOR”).
11 12 13 14
WITNESSETH: WHEREAS, AGENCY desires the services of CONTRACTOR to provide a Mobile Ticketing Application; and
15 16
WHEREAS, said work cannot be performed by the regular employees of AGENCY; and
17 18 19
WHEREAS, CONTRACTOR has represented that it has the requisite personnel and experience, and is capable of performing such services; and
20 21
WHEREAS, CONTRACTOR wishes to perform these services;
22 23 24
NOW, THEREFORE, it is mutually understood and agreed by AGENCY and CONTRACTOR as follows:
25 26
ARTICLE 1. COMPLETE AGREEMENT
27
A. This Agreement, and the exhibits and documents incorporated herein and made applicable by
28
reference, including EXHIBIT A, Scope of Services and EXHIBIT B, Cost and Price Forms, constitutes
29
the complete and exclusive statement of the terms and conditions of the Agreement between AGENCY
30
and CONTRACTOR and supersedes all prior representations, agreements, understandings and
31
communications with respect thereto.
32
B. Changes to any portion of this Agreement shall not be binding upon AGENCY except when
33
specifically confirmed in writing by an authorized representative of AGENCY by way of a written
Agreement No. 16-055 Page 2 of 22
1
amendment to this Agreement and issued in accordance with the provisions contained in this
2
Agreement.
3 4
ARTICLE 2. ORDER OF PRECEDENCE
5
Conflicting provisions hereof, if any, shall prevail in the following descending order of
6
precedence: (1) the provisions of this Agreement and all subsequent Amendments to this Agreement,
7
including all exhibits and documents attached hereto; (2) the provisions of RFP No. 16-055 as addended;
8
(3) CONTRACTOR’S proposal dated
9
dated
10
, as supplemented by its Best and Final Offer (BAFO)
, and; (4) all other documents, if any, cited herein or incorporated by
reference.
11 12
ARTICLE 3. SEVERABILITY
13
If any provision, term or condition of this Agreement is held to be invalid, illegal or
14
unenforceable, in whole or in part, then such provision, term or condition shall not affect the validity of
15
any remaining provision, term or condition of this Agreement. All remaining provisions, terms and
16
conditions of this Agreement shall continue in full force and effect.
17 18
ARTICLE 4. NON-WAIVER
19
AGENCY’S failure to insist in any one or more instances to require performance by
20
CONTRACTOR of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
21
relinquishment of AGENCY’S right to such performance, and shall not affect AGENCY’S right to such
22
performance or to future performance of any such term(s) or condition(s) and CONTRACTOR’S
23
obligation with respect thereto shall continue in full force and effect.
24 25
ARTICLE 5. AGENCY DESIGNEE
26
The Chief Executive Officer of AGENCY, or his designee, shall have the authority to act for and
27
exercise any rights of AGENCY as set forth in this Agreement, subsequent to and in accordance with,
28
the authorization granted by AGENCY’s Board of Directors.
29 30
ARTICLE 6. DELIVERY SCHEDULE AND TERM OF AGREEMENT
31
A. CONTRACTOR shall fully complete the herein above described work within ninety (90)
32
calendar days from the effective date of written Notice to Proceed issued by AGENCY, unless earlier
33
terminated or extended as provided elsewhere in this Agreement.
Agreement No. 16-055 Page 3 of 22
1
B. CONTRACTOR shall give AGENCY not less than seventy-two (72) hours advance notice of
2
the start of any work. Within ninety (90) calendar days after said Notice, CONTRACTOR shall provide
3
any installation schedules as may be requested by AGENCY.
4 5
ARTICLE 7. STATEMENT OF WORK
6
A. CONTRACTOR shall perform the work necessary to complete, in a manner satisfactory to
7
AGENCY, the services set forth in Exhibit A, Scope of Services and Exhibit B, Cost and Price Forms,
8
inclusive of all attachments set forth herein. CONTRACTOR shall also perform in accordance with its
9
proposal to AGENCY dated
10
dated
, and with CONTRACTOR’S “Best and Final Offer” (BAFO),
. All services shall be provided at the times and places designated by AGENCY.
11
B. CONTRACTOR shall provide the personnel listed in Exhibit A, Scope of Services, to
12
perform the above-specified services, which persons are hereby designated as key personnel under this
13
Agreement. No person named in Exhibit A, Scope of Services, or his/her successor approved by
14
AGENCY, shall be removed or replaced by CONTRACTOR, nor shall his/her agreed upon function or
15
level of commitment hereunder be changed, without the prior written consent of AGENCY. Should the
16
services of any key personnel become no longer available to CONTRACTOR, the resume and
17
qualifications of the proposed replacement shall be submitted to AGENCY for approval as soon as
18
possible, but, in no event, later than seven (7) calendar days prior to the departure of the incumbent key
19
personnel, unless CONTRACTOR is not provided with such notice by the departing key personnel.
20
AGENCY shall respond to CONTRACTOR within seven (7) calendar days following receipt of these
21
qualifications concerning acceptance of the proposed replacement.
22 23
ARTICLE 8. OWNERSHIP OF REPORTS AND DOCUMENTS
24
The originals of all custom letters, documents and reports produced under this Agreement shall
25
be delivered to and become the property of AGENCY. Copies may be made for CONTRACTOR’s
26
records, and in performance of the underlying Agreement, but shall not be furnished to others without
27
the express written authorization from AGENCY. Such deliverables shall be deemed works made for
28
hire and all rights in copyright therein shall be retained by AGENCY.
29 30
ARTICLE 9. PATENT AND COPYRIGHT INFRINGEMENT
31
In lieu of any other warranty by AGENCY or CONTRACTOR against patent or copyright
32
infringement, statutory or otherwise, it is agreed that CONTRACTOR shall defend, at its expense, any
33
claim or suit against AGENCY on account of any allegation that any item furnished under this
Agreement No. 16-055 Page 4 of 22
1
Agreement or the normal use or sale thereof, arising out of the performance of this Agreement, infringes
2
upon any presently existing U.S. letters patent or copyright and CONTRACTOR shall pay all costs and
3
damages finally awarded in any such suit or claim, provided CONTRACTOR is promptly notified in
4
writing of the suit or claim and given AGENCY, information and assistance at CONTRACTOR’s
5
expense for the defense of same. However, CONTRACTOR will not indemnify AGENCY if the suit or
6
claim results from: (1) AGENCY’s alteration of a deliverable, such that said deliverable in its altered
7
form infringes upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable
8
in combination with other material not provided by CONTRACTOR when such use in combination
9
infringes upon an existing U.S. letters patent or copyright.
10
CONTRACTOR shall have sole control of the defense of any such claim or suit and all
11
allegations for settlement thereof. CONTRACTOR shall not be obligated to indemnify AGENCY under
12
any settlement made without CONTRACTOR’s consent or in the event AGENCY fails to cooperate
13
fully in the defense of any suit or claim, provided, however, that said defense shall be at
14
CONTRACTOR’s expense. If the use or sale of said item is enjoined as a result of such suit or claim,
15
CONTRACTOR, at no expense to AGENCY, shall obtain for AGENCY, the right to use and sell said
16
item, or shall substitute an equivalent item acceptable to AGENCY and extend this patent and copyright
17
indemnity thereto.
18 19
ARTICLE 10. INDEPENDENT CONTRACTOR
20
CONTRACTOR’S relationship to AGENCY in the performance of this Agreement is that of an
21
Independent Contractor. CONTRACTOR’s personnel performing services under this Agreement shall
22
at all times be under CONTRACTOR’s exclusive direction and control and shall be employees of
23
CONTRACTOR and not employees of AGENCY. CONTRACTOR shall pay all wages, salaries and
24
other amounts due its employees in connection with this Agreement and shall be responsible for all
25
reports and obligations respecting them, such as social security, income tax withholding, unemployment
26
compensation, worker’s compensation and similar matters.
27 28
ARTICLE 11. ASSIGNMENTS AND SUB-CONTRACTING
29
A. Neither this Agreement, nor any interest herein or claim hereunder, may be assigned by
30
CONTRACTOR either voluntarily or by operation of law, nor may all, or any part, of this Agreement be
31
sub-contracted by CONTRACTOR, without the prior written consent of AGENCY.
32
AGENCY shall not be deemed to relieve CONTRACTOR of its obligation to comply fully with all
33
terms and conditions of this Agreement.
Consent by
Agreement No. 16-055 Page 5 of 22
1
B. AGENCY hereby consents to CONTRACTOR’s sub-contracting of portions of the Statement
2
of Work to the parties identified below for the functions described in CONTRACTOR’s proposal.
3
CONTRACTOR shall include in the sub-contract Agreement the stipulation that CONTRACTOR, not
4
AGENCY, is solely responsible for payment to the sub-contractor for the amounts owing, and that the
5
sub-contractor shall have no claim, and shall take no action, against AGENCY, its officers, directors,
6
employees or sureties for nonpayment by CONTRACTOR.
7 8
Sub-Contractor’s Name/Address
9
None
Sub-Contract % Amount N/A
10
C. CONTRACTOR shall include, in the sub-contract agreement, a stipulation that the sub-
11
contractor shall maintain insurance coverage in the amounts required from CONTRACTOR as provided
12
for in this Agreement.
13
contractor’s insurance coverage.
At AGENCY’s request, CONTRACTOR shall provide evidence of sub-
14
D. CONTRACTOR shall have no right to terminate any sub-contract for cause and then perform
15
the work with its own employees without AGENCY’s prior written consent. AGENCY reserves the
16
right to require CONTRACTOR to replace its terminated sub-contractor with another sub-contractor
17
agreeable to AGENCY, and to do so without any increase or delay in the performance of this
18
Agreement.
19 20 21
ARTICLE 12. PAYMENT A.
For CONTRACTOR's full and complete performance of its obligations under this
22
Agreement, and subject to the maximum cumulative payment obligation provisions set forth in Article
23
13 below, AGENCY shall pay CONTRACTOR on a firm-fixed-price basis in accordance with Exhibit
24
B, Cost and Price Forms attached to and, by this reference, incorporated in and made a part of this
25
Agreement.
26
B.
CONTRACTOR shall invoice AGENCY on a monthly basis for payments corresponding
27
to the work actually completed by CONTRACTOR. Percentage of work completed shall be documented
28
in a monthly progress report prepared by CONTRACTOR, which report shall accompany each invoice
29
submitted by CONTRACTOR. CONTRACTOR shall also furnish such other information as may be
30
requested by AGENCY to substantiate the validity of an invoice. At its sole discretion, AGENCY may
31
decline to make full payment for any item until such time as CONTRACTOR has documented, to
32
AGENCY’s satisfaction, that CONTRACTOR has fully completed all work required under that item.
33
AGENCY’s payment in full for any item shall not constitute AGENCY’s final acceptance of
Agreement No. 16-055 Page 6 of 22
1
CONTRACTOR’s work under such task; final acceptance shall only occur as set forth in Article 25
2
“Acceptance”.
3
C.
As partial security against CONTRACTOR’s failure to satisfactorily fulfill all of its
4
obligations under this Agreement, AGENCY shall retain ten percent (10%) of the amount of each
5
invoice submitted for payment by CONTRACTOR. At its sole discretion, AGENCY may reduce the
6
percentage amount of retainage withheld from CONTRACTOR’s invoices. All retained funds shall be
7
released by AGENCY and shall be paid to CONTRACTOR within sixty (60) days of payment of final
8
invoice, unless AGENCY elects to audit CONTRACTOR’s records in accordance with Article 15 of this
9
Agreement. If AGENCY elects to audit, retained funds shall be paid to CONTRACTOR within thirty
10
(30) calendar days of completion of such audit in an amount reflecting any adjustment required by such
11
audit.
12
D.
Invoices shall be submitted in duplicate to AGENCY’s Accounts Payable Office. Each
13
invoice shall be accompanied by the monthly progress report specified in paragraph B of this Article.
14
AGENCY shall remit payment within thirty (30) calendar days of the receipt and approval of each
15
invoice. Each invoice shall include the following information:
16
1.
Agreement No. 16-055;
17
2.
Purchase Order Number
18
3.
Specify the task/items listed on Exhibit B, Cost and Price Forms for which payment is
19
being requested;
20
4.
The time period covered by the invoice;
21
5.
Total invoice amount (including project-to-date cumulative invoice amount); and
22
6.
Such other information as requested by AGENCY.
23 24
ARTICLE 13. MAXIMUM OBLIGATION
25
Notwithstanding any provisions of this Agreement to the contrary, AGENCY and
26
CONTRACTOR mutually agree that AGENCY’S maximum cumulative payment obligation hereunder,
27
including obligation for CONTRACTOR’S profit, shall be
28
shall include all amounts payable to CONTRACTOR for its sub-contracts, leases, materials and costs
29
arising from, or due to performance under, or termination of this Agreement.
30
//
31
//
32
//
33
//
($
), which
Agreement No. 16-055 Page 7 of 22
1
ARTICLE 14. PROMPT PAYMENT
2
A. If provided for in Article 8 – Payment of this Agreement, AGENCY shall hold retainage
3
from the Prime Contractor and shall make prompt and regular incremental acceptances of portions of the
4
contract, as determined by the AGENCY, and pay retainage to the Prime Contractor based on these
5
acceptances. The Prime Contractor or Sub-Contractor shall return all monies held in retention from a
6
Sub-Contractor within thirty (30) days after receiving payment for work satisfactorily completed and
7
accepted, including incremental acceptances of portions of the contract work by AGENCY.
8
B. The Code of Federal Regulation (49 C.F.R. 26.29) requires that any delay or postponement of
9
payment over thirty (30) days may take place only for good cause and with AGENCY’S prior written
10
approval. Any violation of this provision shall subject the violating Prime Contractor or Sub-Contractor
11
to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and
12
Professions Code.
13
administrative, or judicial remedies, otherwise available to the Prime Contractor or Sub-Contractor, in
14
the event of a dispute involving late payment or non-payment by the Prime Contractor, deficient sub-
15
contract performance, or noncompliance by a sub-contractor.
16
Disadvantaged Business Enterprise (DBE) and non-Disadvantaged Business Enterprise (non-DBE)
17
Prime Contractors and Sub-Contractors.
These requirements shall not be construed to limit or impair any contractual,
This provision applies to both
18
C. Failure to comply with this provision or delay in payment, without prior written approval
19
from AGENCY, will constitute noncompliance, which may result in the termination of the Agreement or
20
other such remedy as AGENCY deems appropriate.
21
appropriate documentation from CONTRACTOR showing payment has been made to the Sub-
22
Contractor(s).
23 24
AGENCY reserves the right to request the
D. These Prompt Payment provisions must be incorporated in all sub-contract agreements issued by CONTRACTOR under this Agreement.
25 26 27
ARTICLE 15. PERFORMANCE BOND A.
As partial security against CONTRACTOR’s failure to satisfactorily fulfill all of its
28
obligations under this Agreement, CONTRACTOR shall establish a performance bond in favor of
29
AGENCY. This bond shall be in the amount of one hundred percent (100%) of the contract amount and
30
executed by a corporate surety authorized to conduct business as a surety in the state of California. If at
31
any time this Agreement is amended, the amount of the bond shall be increased or decreased
32
accordingly.
Agreement No. 16-055 Page 8 of 22
1 2 3 4 5 6 7 8 9 10
B.
The performance bond shall meet the following requirements: 1. Be established prior to payment of any invoices for work performed under this Agreement; 2. Identify AGENCY and Agreement No.16-055 for which performance bond is provided; 3. Be in the amount of one hundred percent (100%) of the contract amount. If this Agreement is amended, the amount shall be adjusted accordingly; 4. Be for the entire term of the Agreement, not be subject to cancellation and kept in effect at all times during the term of this Agreement; 5. Be assessed in the event of CONTRACTOR’S default as specified in Article
11
16, Termination which results in CONTRACTOR’S failure to perform the
12
covenants of this Agreement.
13
6. Upon written notice by AGENCY that CONTRACTOR has defaulted under this
14
Agreement, the corporate surety will have a reasonable amount of time to make a
15
determination on the claim and to notify AGENCY accordingly.
16 17
ARTICLE 16. INSURANCE
18
CONTRACTOR shall procure and maintain for the duration of the contract insurance against
19
claims for injuries to persons or damages to property which may arise from or in connection with the
20
performance of the work hereunder by the CONTRACTOR, its agents, representatives, or employees.
21 22
Minimum Scope and limit of Insurance Coverage shall be at least as broad as:
23
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL
24
on an “occurrence” basis, including products and completed operations, property damage, bodily
25
injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a
26
general aggregate limit applies, either the general aggregate limit shall apply separately to this
27
project/location or the general aggregate limit shall be twice the required occurrence limit.
28
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any
29
auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit
30
no less than $1,000,000 per accident for bodily injury and property damage.
31
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits,
32
and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily
33
injury or disease.
Agreement No. 16-055 Page 9 of 22
1
(Not required if contractor provides written verification it has no employees)
2
4. Professional Liability (Errors and Omissions) Insurance appropriates to the CONTRACTOR’s
3
profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
4
If the CONTRACTOR maintains higher limits than the minimums shown above, the Agency requires
5
and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available
6
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be
7
available to the Agency.
8
Other Insurance Provisions
9
The insurance policies are to contain, or be endorsed to contain, the following provisions:
10
Additional Insured Status
11
The Agency, its officers, officials, employees, and volunteers are to be covered as additional insureds on
12
the CGL policy with respect to liability arising out of work or operations performed by or on behalf of
13
the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or
14
operations. General liability coverage can be provided in the form of an endorsement to the
15
CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG
16
20 37 forms if later revisions used).
17
Primary Coverage
18
For any claims related to this contract, the CONTRACTOR’s insurance coverage shall be primary
19
insurance as respects the Agency, its officers, officials, employees, and volunteers. Any insurance or
20
self-insurance maintained by the Agency, its officers, officials, employees, or volunteers shall be excess
21
of the CONTRACTOR’s insurance and shall not contribute with it.
22
Notice of Cancellation
23
Each insurance policy required above shall state that coverage shall not be canceled, except with notice
24
to the Agency.
25
Waiver of Subrogation
26
CONTRACTOR hereby grants to Agency a waiver of any right to subrogation which any insurer of said
27
CONTRACTOR may acquire against the Agency by virtue of the payment of any loss under such
28
insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this
29
waiver of subrogation, but this provision applies regardless of whether or not the Agency has received a
30
waiver of subrogation endorsement from the insurer.
31
Deductibles and Self-Insured Retentions
Agreement No. 16-055 Page 10 of 22
1
Any deductibles or self-insured retentions must be declared to and approved by the Agency. The Agency
2
may require the CONTRACTOR to provide proof of ability to pay losses and related investigations,
3
claim administration, and defense expenses within the retention.
4
Acceptability of Insurers
5
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless
6
otherwise acceptable to the Agency.
7
Claims Made Policies
8
If any of the required policies provide coverage on a claims-made basis:
9
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning
10
of contract work.
11
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3)
12
years after completion of the contract of work.
13
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
14
with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase
15
“extended reporting” coverage for a minimum of three (3) years after completion of contract
16
work.
17
Verification of Coverage
18
CONTRACTOR shall furnish the Agency with original certificates and amendatory endorsements or
19
copies of the applicable policy language effecting coverage required by this clause. All certificates and
20
endorsements are to be received and approved by the Agency before work commences. However,
21
failure to obtain the required documents prior to the work beginning shall not waive the
22
CONTRACTOR’s obligation to provide them. The Agency reserves the right to require complete,
23
certified copies of all required insurance policies, including endorsements required by these
24
specifications, at any time.
25
Subcontractors
26
CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the
27
requirements stated herein, and CONTRACTOR shall ensure that Agency is an additional insured on
28
insurance required from subcontractors.
29
Special Risks or Circumstances
30
Agency reserves the right to modify these requirements, including limits, based on the nature of the risk,
31
prior experience, insurer, coverage, or other special circumstances.
32
//
33
//
Agreement No. 16-055 Page 11 of 22
1
ARTICLE 17. INDEMNIFICATION
2
A.
CONTRACTOR shall indemnify, defend, and hold harmless AGENCY, its officers,
3
directors, employees, and agents, from all losses, damages, claims for personal injury or damages to real
4
or personal property, to the extent caused by CONTRACTOR’s negligence. CONTRACTOR agrees to
5
indemnify AGENCY against expenses, including reasonable attorney’s fees and liability arising from
6
any such claim of infringement, provided CONTRACTOR has the right to control the defense or
7
settlement of any such claim in accordance with the following:
8
1. CONTRACTOR at its own cost and expense, shall indemnify, defend, and hold
9
harmless AGENCY from, and against, any and all claims, demands, actions, suits, damages, liabilities,
10
losses and expenses, including reasonable attorney’s fees and reimbursements, for personal injury or
11
property damage asserted by third parties (“Third Party Claims”) to the extent caused by the negligence
12
or willful misconduct of CONTRACTOR in connection with CONTRACTOR’s performance or failure
13
to perform this Agreement hereunder.
14
2. AGENCY shall promptly give written notice to CONTRACTOR after obtaining
15
knowledge of any Third Party Claim against AGENCY as to which recovery may be sought against
16
CONTRACTOR because of the indemnity set forth in clause 1. above.
17 18
3. CONTRACTOR will have the right to defend AGENCY against any such Third Party Claim with counsel mutually agreed upon by CONTRACTOR and AGENCY. In addition:
19
a. AGENCY may retain separate co-counsel at its sole cost and expense to
20
monitor the defense of such Third Party Claim provided, however, that CONTRACTOR
21
shall have the right to control the defense of such Third Party Claim in CONTRACTOR’s
22
sole discretion;
23
b. AGENCY will not consent to the entry of any judgment or enter into any
24
settlement with respect to such Third Party Claim without the prior written consent of
25
CONTRACTOR; and
26
c. AGENCY shall cooperate with all reasonable requests of CONTRACTOR in
27
connection with the defense of such Third Party Claim.
28
4. To the extent reasonably possible, AGENCY shall use its good faith efforts to mitigate
29
any losses that CONTRACTOR is obligated to indemnify against, pursuant to this indemnification
30
provision.
31
//
32
//
33
//
Agreement No. 16-055 Page 12 of 22
1
ARTICLE 18. CHANGES
2
By written notice or order, AGENCY may, from time to time, order work suspension or make
3
changes to the general scope of this Agreement, including, but not limited to, the services furnished to
4
AGENCY by CONTRACTOR as described in Exhibit A, Scope of Services.
5
suspension or change causes an increase or decrease in the price of this Agreement or in the time
6
required for its performance, CONTRACTOR shall promptly notify AGENCY thereof and assert its
7
claim for adjustment within ten (10) days after the change or work suspension is ordered, and an
8
equitable adjustment shall be negotiated. Nothing in this provision shall excuse CONTRACTOR from
9
otherwise proceeding immediately with Agreement as changed.
If any such work
10 11
ARTICLE 19. DISPUTES
12
A. Except as otherwise provided for in this Agreement, any dispute concerning a question of
13
fact arising under this Agreement, which is not disposed of by supplement agreement, shall be decided
14
by AGENCY’S Chief Procurement and Logistics Officer, who shall reduce the decision to writing and
15
shall mail, or otherwise furnish a copy thereof to CONTRACTOR.
16
Procurement and Logistics Officer shall be final and conclusive unless, within thirty (30) calendar days
17
from the date of receipt of such copy, CONTRACTOR mails or otherwise furnishes to the Chief
18
Procurement and Logistics Officer a written appeal addressed to AGENCY’S Chief Executive Officer.
19
The decision of the AGENCY’s Chief Executive Officer, or duly authorized representative for the
20
determination of such appeals, shall be final and conclusive.
The decision of the Chief
21
B. Any such decision made pursuant to this Article shall be final and conclusive, unless the
22
same is fraudulent, capricious, arbitrary or so grossly erroneous as to necessarily imply bad faith or is
23
not supported by substantial evidence. In cases where fraud by such official or his representative or
24
Board is alleged, the provisions of this Article shall not be pleaded in any suit as limiting judicial review
25
of any such decision.
26
C. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with
27
the performance of this Agreement in accordance with the decision of AGENCY’s Chief Procurement
28
and Logistics Officer. This “Disputes” clause does not preclude consideration of questions in law in
29
connection with decisions provided for above. Nothing in this Agreement, however, shall be construed
30
as making the final decision of any AGENCY official or representative on a question of law, which
31
questions shall be settled in accordance with the laws of the State of California.
32
//
33
//
Agreement No. 16-055 Page 13 of 22
1
ARTICLE 20. TERMINATION
2
A. AGENCY may terminate this Agreement for its convenience any time, in whole or in part, by
3
giving CONTRACTOR written notice thereof. Upon termination, AGENCY shall pay CONTRACTOR
4
its allowable costs incurred to date of that portion terminated. Said termination shall be construed in
5
accordance with the provisions of the Federal Acquisition Regulation (FAR), Part 31.205 and Part 49,
6
the specific sub-parts and other provisions thereof, applicable to termination for convenience.
7
AGENCY sees fit to terminate this Agreement for convenience, said notice shall be given to
8
CONTRACTOR in accordance with the provisions of the FAR referenced above and Article 22
9
“Notices”, herein.
10 11 12
If
Upon receipt of said notification, CONTRACTOR agrees to comply with all
applicable provisions of the FAR pertaining to termination for convenience. B. CONTRACTOR shall have no rights to terminate this Agreement or any sub-contracts under this Agreement for CONTRACTOR’s convenience.
13
C. CONTRACTOR shall have no rights to terminate any sub-contracts for cause and then
14
perform the work with its own forces without AGENCY’s prior written consent. AGENCY reserves the
15
right to require CONTRACTOR to replace its terminated sub-contractors with another sub-contractor
16
agreeable to AGENCY, and to do so without any increase or delay in the performance of this
17
Agreement.
18
D. AGENCY may terminate this Agreement for CONTRACTOR’s default if a federal or state
19
proceeding for the relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR
20
makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any term(s) or violates
21
any provision(s) of this Agreement and does not cure such breach or violation within thirty (30) calendar
22
days after written notice thereof by AGENCY.
23
reasonable cost incurred by AGENCY as a result of such default including, but not limited to,
24
reprocurement costs of the same or similar services defaulted on by CONTRACTOR under this
25
Agreement. Such termination shall comply with the Federal Acquisition Regulation (FAR), Part 31.205
26
and Part 49.
CONTRACTOR shall be liable for any and all
27 28
ARTICLE 21. FORCE MAJEURE
29
Either party shall be excused from performing its obligations under this Agreement during the
30
time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control
31
including, but not limited to: any incidence of fire or flood; acts of God; commandeering of material,
32
products, plants or facilities by the federal, state or local government; national fuel shortage; a material
33
act of omission by the other party; or strike, when satisfactory evidence of such cause is presented to the
Agreement No. 16-055 Page 14 of 22
1
other party, and further provided that such nonperformance is unforeseeable, beyond the control and is
2
not due to the fault or negligence of the party not performing.
3 4
ARTICLE 22. NOTICES
5
All notices hereunder and communications regarding the interpretation of the terms of this
6
Agreement, or changes thereto, shall be effected by delivery of said notice(s) in person or by depositing
7
said notice(s) in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and
8
addressed as follows:
9
TO AGENCY:
10
Riverside Transit Agency
11
1825 Third Street
12
P.O. Box 59968
13
Riverside, CA 92517-1968
14
ATTENTION: Vince Rouzaud
15
Chief Procurement and Logistics Officer
16
(951) 565-5180 phone
17
(951) 565-5001 facsimile
TO CONTRACTOR:
ATTENTION:
18 19
ARTICLE 23. FEDERAL, STATE AND LOCAL LAWS
20
CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all
21
applicable federal, state, and local laws, statutes, ordinances, lawful orders, rules and regulations
22
promulgated thereunder.
23 24
ARTICLE 24. GOVERNING LAW
25
This Agreement shall be interpreted and construed according to, and governed by, the laws of the
26
State of California. The federal or state courts located in the County of Riverside, State of California,
27
shall have jurisdiction to hear any dispute under this Agreement.
28 29
FEDERALLY REQUIRED CLAUSES
30
Pursuant to an agreement between AGENCY and the Federal Transportation Administration
31
(FTA), the following Articles shall be incorporated herein and made applicable by reference.
32
CONTRACTOR shall comply with all applicable terms and conditions prescribed by the Federal
33
Government for third party contracts and, specifically, as set forth in the Articles below.
Agreement No. 16-055 Page 15 of 22
1
ARTICLE 25. FLY AMERICA
2
CONTRACTOR agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance
3
with 41 C.F.R. Part 301-310, which provide that recipients and sub-recipients of Federal funds and their
4
contractors are required to us U.S. Flag air carriers for federally funded international air travel and
5
transportation of their personal effects or property, to the extent such service is available, unless travel
6
by foreign air carrier is a matter of necessity, as defined by the Fly America Act. If a foreign air carrier
7
is used, CONTRACTOR shall submit an appropriate certification or memorandum adequately
8
explaining why a U.S. Flag air carrier was not available or used and, in any event, shall provide a
9
certificate of compliance with the Fly America requirements. CONTRACTOR agrees to include the
10
requirements of this article in all sub-contracts them may involve international air transportation.
11 12
ARTICLE 26. SUSPENSION AND DEBARMENT
13
This Agreement is subject to 49 C.F.R. Part 29 and, as such, CONTRACTOR is required to
14
verify that CONTRACTOR nor its principals, as defined at 49 C.F.R. 29.995, or its affiliates, as defined
15
at 49 C.F.R. 29.905, are excluded or disqualified as defined at 49 C.F.R. 29.940 and 29.945. By signing
16
and submitting its bid or proposal, CONTRACTOR certifies that the certification in this Article is a
17
material presentation of fact relied upon by AGENCY. If it is later determined that CONTRACTOR
18
knowingly rendered an erroneous certification, in addition to remedies available to AGENCY, the
19
Federal Government may pursue available remedies including, but not limited to suspension and/or
20
debarment. CONTRACTOR agrees to comply with the requirements of 49 C.F.R. 29, Subpart C while
21
the proposal is valid and continuing through any Agreement that arises from said proposal.
22
CONTRACTOR further agrees to include a provision requiring such compliance in all sub-contracts.
23 24
ARTICLE 27. LOBBYING
25
Contractors who apply or bid for an award of $100,000 or more shall file the certification
26
required by 49 C.F.R. Part 20, “New Restrictions on Lobbying”. Each Tier certifies to the tier above
27
that it will not and has not used federal appropriated funds to pay any person or organization for
28
influencing or attempting to influence an officer or employee of any Agency, a member of Congress, an
29
officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
30
any federal Contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
31
the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts
32
on its behalf with non-federal funds with respect to that federal Contract, grant or award covered by 31
33
U.S.C. 1352. Such disclosures are forwarded from tier to tier, up to the recipient.
Agreement No. 16-055 Page 16 of 22
1
ARTICLE 28. PROHIBITED INTEREST
2
CONTRACTOR and any Sub-Contractor performing work on or having an interest in this
3
Agreement shall covenant and agree that to their knowledge, no Board member, officer or employee of
4
AGENCY during his/her tenure in office, or for one (1) year thereafter, shall have any interest, whether
5
contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the
6
contracting party other than AGENCY, and that if any such interest comes to knowledge of either party
7
at any time, a full and complete disclosure of all such information will be made in writing to the other
8
parties, even if such interest would not be considered a conflict of interest under Article 4 of Chapter 1
9
of Division 4 of Title 1 (commencing with Section 1090) or Division 4.5 of Title 1 (commencing with
10
Section 3600) of the Government Code of the State of California.
11 12
ARTICLE 29. ACCESS TO RECORDS
13
A. CONTRACTOR agrees to provide AGENCY, the FTA Administrator, the Comptroller
14
General of the United States, or any of their authorized representatives, access to any accounting books,
15
documents, papers, records and work data of the CONTRACTOR, which are directly pertinent to this
16
Agreement for the purposes of making audits, examinations, excerpts and transcriptions.
17
CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
18
to copy excerpts and transcriptions as reasonably needed.
19
otherwise examine accounting books, documents, papers, records and work data related to this
20
Agreement shall extend to all first-tier sub-contractors identified in this Agreement.
21 22 23
AGENCY’S right to audit, inspect or
B. CONTRACTOR shall maintain such accounting books, documents, papers, records and work data in accordance with generally accepted accounting principles. C.
CONTRACTOR agrees to maintain all accounting books, documents, papers, records and
24
work data required under this Agreement for a period of not less than four (4) years after the date of
25
final payment to AGENCY, except in the event of litigation or settlement of claims arising from the
26
performance of this Agreement, in which case CONTRACTOR agrees to maintain same until
27
AGENCY, the FTA Administrator, the Comptroller General, or any of their duly authorized
28
representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto,
29
pursuant to 49 C.F.R. 18.39(i)(11).
30 31
ARTICLE 30. ENERGY CONSERVATION
32
CONTRACTOR shall comply with mandatory standards and policies relating to energy
33
efficiency as contained in the state energy conservation plan issued in compliance with the Energy
Agreement No. 16-055 Page 17 of 22
1
Policy Conservation Act.
2 3
ARTICLE 31. CLEAN WATER
4
CONTRACTOR shall comply with all applicable standards, orders or regulations issued
5
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
6
CONTRACTOR shall report each violation to AGENCY and understands and agrees that AGENCY
7
will, in turn, report each violation as required to assure notification to the FTA and the appropriate EPA
8
Regional Office. CONTRACTOR shall include these requirements in each sub-contract exceeding
9
$100,000 financed in whole or in part with Federal assistance provided by the FTA.
10 11
ARTICLE 32. CLEAN AIR
12
CONTRACTOR shall comply with all applicable standards, orders or regulations issued
13
pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. CONTRACT shall report each
14
violation to AGENCY and understands and agrees that AGENCY will, in turn, report each violation as
15
required to assure notification to the FTA and the appropriate EPA Regional Office. CONTRACTOR
16
shall include these requirements in each sub-contract exceeding $100,000 financed in whole or in part
17
with Federal assistance provided by the FTA.
18 19
ARTICLE 33. RECOVERED MATERIALS AND RECYCLED PRODUCTS
20
CONTRACTOR shall comply with all the requirements of Section 6002 of the Resource
21
Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. 6962, including, but not limited to, the
22
regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the
23
procurement of the items designated in Subpart B of 40 C.F.R. Part 247.
24 25
ARTICLE 34. CIVIL RIGHTS
26
The following requirements apply to the underlying Agreement:
27
A. Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42
28
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102,
29
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law
30
at 49 U.S.C. § 5332, CONTRACTOR agrees that it will not discriminate against any employee or
31
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
32
addition, CONTRACTOR shall comply with applicable Federal implementing regulations and other
33
implementing requirements the FTA may issue.
Agreement No. 16-055 Page 18 of 22
1 2
B.
Equal Employment Opportunity:
The following equal employment opportunity
requirements apply to the underlying Agreement:
3
1. Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the Civil
4
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332,
5
CONTRACTOR shall comply with all applicable equal opportunity requirements of the U.S.
6
Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal
7
Employment Opportunity, Department of Labor”, 41 C.F.R. Parts 60 et seq., (which implement
8
Executive Order No. 11246, “Equal Employment Opportunity”, as amended by Executive Order No.
9
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity”, 42 U.S.C. §
10
2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies
11
that may in the future affect construction activities undertaken in the course of the Project.
12
CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that
13
employees are treated during employment, without regard to their race, color, creed, national origin, sex,
14
or age. Such action shall include, but not be limited to, the following: employment, upgrading,
15
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other
16
forms of compensation; and selection for training, including apprenticeship.
17
CONTRACTOR shall comply with any implementing requirements the FTA may issue.
In addition,
18
2. Age: In accordance with section 4 of the Age Discrimination in Employment Act of
19
1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, CONTRACTOR shall
20
refrain from discrimination against present and prospective employees for reason of age. In addition,
21
CONTRACTOR shall comply with any implementing requirements the FTA may issue.
22
3. Disabilities: In accordance with section 102 of the Americans with Disabilities Act,
23
as amended, 42 U.S.C. § 12112, CONTRACTOR shall comply with the requirements of U.S. Equal
24
Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of
25
the Americans with Disabilities Act”, 29 C.F.R. Part 1630, pertaining to employment of persons with
26
disabilities. In addition, CONTRACTOR shall comply with any implementing requirements the FTA
27
may issue.
28
C. CONTRACTOR shall include these requirements in each sub-contract financed in whole or
29
in part with Federal assistance provided by the FTA, modified, only if necessary, to identify the affected
30
parties.
31 32 33
ARTICLE 35. PRIVACY ACT CONTRACTOR shall comply with, and assures the compliance of its employees with, the
Agreement No. 16-055 Page 19 of 22
1
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a.
2
Among other things, CONTRACTOR agrees to obtain the express consent of the Federal Government
3
before CONTRACTOR or its employees operate a system of records on behalf of the Federal
4
Government. CONTRACTOR understands that the requirements of the Privacy Act, including the civil
5
and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to
6
comply with the terms of the Privacy Act may result in termination of the underlying Agreement.
7
CONTRACTOR shall include these requirements in each sub-contract to administer any system of
8
records on behalf of the Federal Government financed in whole or in part with Federal assistance
9
provided by the FTA.
10 11
ARTICLE 36.
12
RELATED ACTS
PROGRAM FRAUD and FALSE or FRAUDULENT STATEMENTS or
13
A. CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act
14
of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil
15
Remedies”, 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
16
underlying Agreement, CONTRACTOR certifies or affirms the truthfulness and accuracy of any
17
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
18
Agreement or the FTA assisted project for which this Contract Work is being performed. In addition to
19
other penalties that may be applicable, CONTRACTOR further acknowledges that if it makes, or causes
20
to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
21
Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986
22
on CONTRACTOR to the extent the Federal Government deems appropriate.
23
B. CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious,
24
or fraudulent claim, statement, submission, or certification to the Federal Government under a Contract
25
connected with a project that is financed in whole or in part with Federal assistance originally awarded
26
by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the
27
penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on CONTRACTOR, to the extent the Federal
28
Government deems appropriate.
29
C. CONTRACTOR agrees to include the above two (2) clauses in each sub-contract financed in
30
whole or in part with Federal assistance provided by the FTA. It is further agreed that the clauses shall
31
not be modified, except to identify the sub-contractor who will be subject to the provision.
32
//
33
//
Agreement No. 16-055 Page 20 of 22
1
ARTICLE 37. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
2
A. This Agreement is subject to the requirements of Title 49, Code of Federal Regulations, Part
3
26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
4
Assistance Programs.
5 6
B. CONTRACTOR shall maintain compliance with “DBE Approval Certification” throughout the period of contract performance.
7
C. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in
8
the performance of this Agreement. CONTRACTOR shall carry out applicable requirements of 49
9
C.F.R. Part 26 in the award and administration of this DOT-assisted Agreement.
Failure by
10
CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may
11
result in the termination of this Agreement or such other remedy as AGENCY deems appropriate. Each
12
sub-contract CONTRACTOR signs with a sub-contractor pursuant to this Agreement must include the
13
assurances set forth in this Article, in accordance with 49 C.F.R. Part 26.13.
14 15
ARTICLE 38. NO OBLIGATION BY THE FEDERAL GOVERNMENT TO THIRD PARTIES
16
A. AGENCY and CONTRACTOR acknowledge and agreed that, notwithstanding any
17
concurrence by the Federal Government in or approval of the Solicitation or Award of the underlying
18
Agreement, absent the express written consent by the Federal Government, the Federal Government is
19
not a party to this Agreement and shall not be subject to any obligations or liabilities to AGENCY,
20
CONTRACTOR or any other party (whether or not a part to that Agreement) pertaining to any matter
21
from the underlying Agreement.
22
B. CONTRACTOR agrees to include the above clause in each sub-contract financed in whole or
23
in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be
24
modified, except to identify the sub-contractor who will be subject to tis provisions.
25 26
ARTICLE 39.
27
TERMS
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)
28
The preceding provisions include, in part, certain Standard Terms and Conditions required by the
29
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions
30
required by the DOT, as set forth in FTA Circular 4220.1F, as amended, are hereby incorporated by
31
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to
32
control in the event of a conflict with other provisions contained in this Agreement. CONTRACTOR
33
shall not perform any act, fail to perform any act, or refuse to comply with any AGENCY requests
Agreement No. 16-055 Page 21 of 22
1
which would cause AGENCY to be in violation of the FTA Terms and Conditions.
2 3
ARTICLE 40. CHANGES IN FEDERAL LAW
4
CONTRACTOR shall at all times comply with all applicable FTA regulations, policies,
5
procedures and directives, including, without limitation, those listed directly or by reference in the
6
Master Agreement between AGENCY and the FTA, as they may be amended or promulgated from time
7
to time during the term of this Agreement. CONTRACTOR’s failure to so comply shall constitute a
8
material breach of this contract.
9 10
ARTICLE 41. CONTRACT HOURS AND SAFETY STANDARDS ACT
11
1. Overtime requirements – No contractor or subcontractor contracting for any part of the
12
contract work which may require or involve the employment of laborers or mechanics shall
13
require or permit any such laborer or mechanic in any workweek in which he or she is
14
employed on such work to work in excess of forty hours in such workweek unless such
15
laborer or mechanic receives compensation at a rate not less than one and one-half times the
16
basic rate of pay for all hours worked in excess of forty hours in such workweek.
17
2. Violation; liability for unpaid wages; liquidated damages – In the event of any violation
18
of the clause set forth in paragraph (1) of this section the contractor and any subcontractor
19
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
20
subcontractor shall be liable to the United States for liquidated damages. Such liquidated
21
damages shall be computed with respect to each individual laborer or mechanic, including
22
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
23
section, in the sum of $10 for each calendar day on which such individual was required or
24
permitted to work in excess of the standard workweek of forty hours without payment of the
25
overtime wages required by the clause set forth in paragraph (1) of this section.
26
//
27
//
28
//
29
//
30
//
31
//
32
//
Agreement No. 16-055 Page 22 of 22
1
This Agreement shall be made effective upon execution by both parties.
2 3 4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 16-055 to be executed on the date first written above.
5 6
RIVERSIDE TRANSIT AGENCY
7
By: __________________________________
8
Name:
Larry Rubio
9
Title:
Chief Executive Officer
By: ________________________________
10 11
APPROVED AS TO FORM:
12
By: ________________________________
13
James M. Donich, Esq.
14
General Counsel
EXHIBIT D REQUIRED FORMS
CERTIFICATION OF PRIMARY PARTICIPANT Regarding Debarment, Suspension and Other Responsibility Matters For use by prime contractors submitting a proposal in an amount equal to or greater than $25,000.
The
certifies to the best of its knowledge and
(firm name/principal) belief, that it and its principals:
1.
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
2.
Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3.
Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4.
Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
The primary participant,
certifies or (firm name/principal) affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. sections 3801 et seq. are applicable thereto.
Signature and Title of Authorized Official
CERTIFICATION OF LOWER-TIER PARTICIPANTS
Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion For use by sub-contractors who submitted proposals to the prime contractor in an amount equal to or greater than $25,000.
The (firm name/principal) certifies by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participant in this transaction by any Federal department or agency. If unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal. The (firm name/principal) certifies or affirms the truthfulness and accuracy of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. sections 3801 et seq. are applicable thereto.
Signature and Title of Authorized Official
CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, ____________________________________, hereby certify on behalf (name of proposer) of __________________________________________ that: (name of company)
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in all subcontracts, and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Executed this
day of ___
By (signature of authorized official)
(title of authorized official)
Agreement No.
, 20
CERTIFICATION OF DRUG FREE WORKPLACE
I, ___________________________________________ (name of authorized official), hereby certify on behalf of
(name of company) that the
CONTRACTOR named above, and all Sub-Contractors working on this contract, will comply with California Government Code Section 8355 in matters relating to providing a drug-free workplace. The CONTRACTOR and all Sub-Contractors will therefore: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by California Government Code Section 8355(a). 2. Establish a Drug-free Awareness Program, as required by California Government Code Section
8355(b), to inform employees all of the following: a. The dangers of drug abuse in the workplace; b. The firm’s policy of maintaining a drug-free workplace; c.
Any available counseling, rehabilitation and employee assistance programs, and;
d. Penalties that may be imposed upon employees for drug abuse violations, including that no
employee who tests positive for use of a controlled substance shall be permitted to work on this contract. 3. Provide, as required by California Government Code Section 8355(c), that every employee who
works on the proposed contract: a. Will receive a copy of the firm’s drug-free policy statement, and; b. Will agree to abide by the terms of the firm’s statement as a condition of employment on the
contract. CERTIFICATION:
I, ______________________________________________ (name of authorized official), hereby certify that the above-named company, which I am duly authorized to represent, will comply with the Drug Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California.
Executed this ________ day of
Signature of Authorized Official
, 20 _________.
Title
FAITHFUL PERFORMANCE BOND FOR RIVERSIDE TRANSIT AGENCY
KNOW ALL MEN BY THESE PRESENTS that __________________________________ as CONTRACTOR and _________________________________, as SURETY, are held and firmly bound unto Riverside Transit Agency, as RTA, in the penal sum of _______________________________________ Dollars ($ __________________), which is ONEHUNDRED PERCENT (100%) of the total Contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with RTA for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the Contract Documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and in effect in favor of RTA; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ___________ day of _______________, 20_____, CONTRACTOR *
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________
SURETY *
________________________________________________________________ ________________________________________________________________ ________________________________________________________________
Subscribed and sworn to this __________ day of __________________, 20_____.
NOTARY REPUBLIC •
Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.
BID BOND
FOR
RIVERSIDE TRANSIT AGENCY
KNOWN ALL MEN BY THESE PRESENTS that ___________________________________, as BIDDER, and ______________________________________, as SURETY, are held and firmly bound unto Riverside Transit Agency, as RTA, in the sum of ______________________________ dollars ($ _______________), which is five percent (5%) of the total amount bid by BIDDER to RTA for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to RTA for the above stated project, if said bid is rejected, or if said bid is accepted and a Contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of RTA.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this __________ day of _____________, 20______.
BIDDER*
__________________________________________________________________ __________________________________________________________________
SURETY*
__________________________________________________________________ __________________________________________________________________
Subscribed and sworn to this ______________day of _________________, 20_______/ NOTARY PUBLIC ______________________________________________________________________ *
Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.
PARTY DISCLOSURE FORM Information Sheet RIVERSIDE TRANSIT AGENCY
California Government Code §84308, commonly referred to as the “Levine Act,” precludes an officer, and his or her alternate, of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and three months following the decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any officer, or on behalf of any candidate for office or on behalf of any committee. IMPORTANT NOTICE
Basic Provisions of Government Code Section 84308 A. If you are an applicant for, or the subject of, any proceeding involving a license, permit, or other entitlement for use, you are prohibited from making a campaign contribution of more than $250 to any board member or his or her alternate. This prohibition begins on the date your application is filed or the proceeding is otherwise initiated, and the prohibition ends three months after a final decision is rendered by the Board of Directors. In addition, no board member or alternate may solicit or accept a campaign contribution of more than $250 from you during this period. B. These prohibitions also apply to your agents, and, if you are a closely held corporation, to your majority shareholder as well. These prohibitions also apply to your subcontractor(s), joint venture(s), and partner(s) in this proceeding. Also included are parent companies and subsidiary companies directed and controlled by you, and political action committees directed and controlled by you. C. You must file the attached disclosure form and disclose whether you or your agent(s) have in the aggregate contributed more than $250 to any board member or his or her alternate during the 12-month period preceding the filing of the application or the initiation of the proceeding. D. If you or your agent have in the aggregate contributed more than $250 to any individual board member or his/or her alternate during the 12 months preceding the decision on the application or proceeding, that board member or alternate must disqualify himself or herself from the decision. However, disqualification is not required if the board member or alternate returns the campaign contribution within 30 days from the time the director knows, or should have known, about both the contribution and the fact that you are a party in the proceeding. The Party Disclosure Form should be completed and filed with your proposal, or with the first written document, you file or submit after the proceeding commences. 1. A proceeding involving “a license, permit, or other entitlement for use” includes all business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use, all contracts (other
than competitively bid, labor or personal employment contracts), and all franchises. 2. Your “agent” is someone who represents you in connection with a proceeding involving a license, permit or other entitlement for use. If an individual acting as an agent is also acting in his or her capacity as an employee or member of a law, architectural, engineering, consulting firm, or similar business entity, both the business entity and the individual are “agents.” 3. To determine whether a campaign contribution of more than $250 has been made by you, campaign contributions made by you within the preceding 12 months must be aggregated with those made by your agent within the preceding 12 months or the period of the agency, whichever is shorter. Contributions made by your majority shareholder (if a closely held corporation), your subcontractor(s), your joint venture(s), and your partner(s) in this proceeding must also be included as part of the aggregation. Campaign contributions made to different directors or their alternates are not aggregated. 4. A list of the members and alternates of the Board of Directors is attached. This notice summarizes the major requirements of Government Code Section 84308 of the Political Reform Act and 2 Cal. Adm. Code Sections 18438-18438.8.
PARTY DISCLOSURE FORM RIVERSIDE TRANSIT AGENCY AND ITS AFFILIATED AGENCIES
_____ No contributions have been made during the preceding 12 months. (Skip following portion and have authorized person sign where indicated.) ______ Contributions have been made during the preceding 12 months as detailed below. Party’s Name: ____________________________________________ Party’s Address: __________________________________________ Street
___________________________________________ City
State
Zip
Phone
Application or Proceeding Title and Number:_________________________________________ Board Member(s) or Alternate(s) to whom you and/or your agent made campaign contributions and dates of contribution(s) in the preceding 12 months: Name of Member:___________________________________________ Name of Contributor (if other than Party): Date(s): _________________________________________________ Amount(s): _______________________________________________
_____________________________________________________________________________
Name of Member: __________________________________________ Name of Contributor (if other than Party): _______________________ Date(s): __________________________________________________ Amount(s): _______________________________________________
——
—
Name of Member: Name of Contributor (if other than Party): Date(s): __________________________________________________ Amount: _________________________________________________ ______________________________________________________________________________________________________________________________________
___________________________________________________________________________
Date:
______________________
______________________________________________________________________________
Signature of Party and/or Agent
RTA Board Members & Alternates 2016 City of Banning: Mayor Art Welch (Mayor Pro Tem George Moyer, Alternate)
City of Murrieta: Mayor Randon Lane (Council Member Alan Long, Alternate)
City of Beaumont: Council Member Brenda Knight (Council Member Mark Orozco, Alternate)
City of Norco: Council Member Berwin Hanna (Council Member Ted Hoffman, Alternate)
City of Calimesa: Mayor Pro Tem Joyce McIntire (Mayor Jeff Hewitt, Alternate)
City of Perris: Council Member Tonya T. Burke (Mayor Pro Tem Rita Rogers, Alternate)
City of Canyon Lake: Council Member John Zaitz (Council Member Dawn Haggerty, Alternate)
City of Riverside: Council Member Andy Melendrez (Council Member Mike Gardner, Alternate)
City of Corona: Vice Mayor Dick Haley (Mayor Jason Scott, Alternate)
County of Riverside, District I: Supervisor Kevin Jeffries (Jerry Sincich, Alternate-At – Large; Legislative Assistant Thomas Ketcham, Alternate)
City of Eastvale: Mayor Ike Bootsma (Council Member Clint Lorimore, Alternate)
County of Riverside, District II: Supervisor John Tavaglione (Donna Johnston, AlternateAt-Large; Andrea Puga, Alternate-At-Large)
City of Hemet: Council Member Linda Krupa (Mayor Pro Tem Paul Raver, Alternate)
County of Riverside, District III: Supervisor Chuck Washington (Verne Lauritzin, Alternate)
City of Jurupa Valley: Council Member Frank Johnston (Council Member Brian Berkson, Alternate)
County of Riverside, District V: Supervisor Marion Ashley (Chief of Staff Jaime Hurtado, Alternate; Board Assistant Barry Busch, Alternate; Legislative Assistant, Deborah Rose, Alternate)
City of Lake Elsinore: Council Member Daryl Hickman (Mayor Pro Tem Robert Magee, Alternate)
City of San Jacinto: Council Member Alonso Ledezma (Mayor Pro Tem Mike Bartel, Alternate)
City of Menifee: Mayor Pro Tem Greg August (Council Member Lesa Sobek, Alternate)
City of Temecula: Mayor Pro Tem Maryann Edwards (Council Member Matt Rahn, Alternate)
City of Moreno Valley: Council Member Jesse Molina (Council Member LaDonna Jempson, Alternate
City of Wildomar: Mayor Pro Tem Bridgette Moore (Council Member Marsha Swanson, Alternate)
Updated 01-25-2016
PARTICIPANT DISCLOSURE FORM Information Sheet RIVERSIDE TRANSIT AGENCY
California Government Code §84308, commonly referred to as the “Levine Act,” precludes an officer, and his or her alternate, of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and three months following the decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any officer, or on behalf of any candidate for office or on behalf of any committee. IMPORTANT NOTICE
Basic Provisions of Government Code Section 84308 A. If you are a participant in a proceeding involving a license, permit, or other entitlement for use, you are prohibited from making a campaign contribution of more than $250 to any board member or his or her alternate. This prohibition begins on the date you begin to actively support or oppose an application for license, permit, or other entitlement for use pending before the Riverside Transit Agency or any of its affiliated agencies, and continues until three months after a final decision is rendered on the application or proceeding by the Board of Directors. No board member or alternate may solicit or accept a campaign contribution of more than $250 from you and/or your agency during this period if the board member or alternate knows or has reason to know that you are a participant. B. The attached disclosure form must be filed if you or your agent have contributed more than $250 to any board member or alternate for the Riverside Transit Agency or any of its affiliated agencies during the 12-month period preceding the beginning of your active support or opposition. (The disclosure form will assist the board members in complying with the law.) C. If you or your agent have made a contribution of more than $250 to any board member or alternate during the 12 months preceding the decision in the proceeding, that board member or alternate must disqualify himself or herself from the decision. However, disqualification is not required if the member or alternate returns the campaign contribution within 30 days from the time the director knows, or should have known, about both the contribution and the fact that you are a participant in the proceeding. The Participant Disclosure Form should be completed and filed with the proposal submitted by a party, or should be completed and filed the first time that you lobby in person, testify in person before, or otherwise directly act to influence the vote of the board members of the Riverside Transit Agency or any of its affiliated agencies.
1. An individual or entity is a “participant” in a proceeding involving an application for a license, permit or other entitlement for use if: a. The individual or entity is not an actual party to the proceeding, but does have a significant financial interest in the Riverside Transit Agency’s or one of its affiliated agencies’ decision in the proceeding. AND b. The individual or entity, directly or through an agent, does any of the following: (1) Communicates directly, either in person or in writing, with a board member or alternate of the Riverside Transit Agency or any of its affiliated agencies for the purpose of influencing the member’s vote on the proposal; (2) Communicates with an employee of the Riverside Transit Agency or any of its affiliated agencies for the purpose of influencing a member’s vote on the proposal; or (3) Testifies or makes an oral statement before the Board of Directors of the Riverside Transit Agency or any of its affiliated agencies. 2. A proceeding involving “a license, permit, or other entitlement for use” includes all business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use; all contracts (other than competitively bid, labor, or personal employment contracts) and all franchises. 3. Your “agent” is someone who represents you in connection with a proceeding involving a license, permit, or other entitlement for use. If an agent acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar business entity or corporation, both the business entity or corporation and the individual are agents. 4. To determine whether a campaign contribution of more than $250 has been made by a participant or his or her agent, contributions made by the participant within the preceding 12 months shall be aggregated with those made by the agent within the preceding 12 months or the period of the agency, whichever is shorter. Campaign contributions made to different members or alternates are not aggregated. 5. A list of the members and alternates of the Board of Directors is attached. This notice summarizes the major requirements of Government Code Section 84308 and 2 Cal. Adm. Code Sections 18438-1 8438.8.
PARTICIPANT DISCLOSURE FORM RIVERSIDE TRANSIT AGENCY AND ITS AFFILIATED AGENCIES
______ No contributions have been made during the preceding 12 months. (Skip following portion and have authorized person sign where indicated below.)
______ Contributions have been made during the preceding 12 months as detailed below. Party’s Name: _____________________________________________ Party’s Address: ___________________________________________ Street Address
___________________________________________ City
State
Zip
Phone
Application or Proceeding Title and Number: _________________________________________ Board Member(s) or Alternate(s) to whom you and/or your agent made campaign contributions and dates of contribution(s) in the preceding 12 months: Name of Member: Name of Contributor (if other than Party): ____________________ Date(s): ________________________________________________ Amount(s): _____________________________________________ ____________________________________________________________________________________________________________________________ _____
Name of Member: Name of Contributor (if other than Party): ____________________ Date(s): ________________________________________________ Amount(s): _____________________________________________ ____________________________________________________________________________________________________________________________ _____
Name of Member: Name of Contributor (if other than Party): ____________________ Date(s): ________________________________________________ Amount(s): _____________________________________________ ____________________________________________________________________________________________________________________________ _____
Date:
_________________________________
________________________________________________________________________________________
Signature of Party and/or Agent
RTA Board Members & Alternates 2016 City of Banning: Mayor Art Welch (Mayor Pro Tem George Moyer, Alternate)
City of Murrieta: Mayor Randon Lane (Council Member Alan Long, Alternate)
City of Beaumont: Council Member Brenda Knight (Council Member Mark Orozco, Alternate)
City of Norco: Council Member Berwin Hanna (Council Member Ted Hoffman, Alternate)
City of Calimesa: Mayor Pro Tem Joyce McIntire (Mayor Jeff Hewitt, Alternate)
City of Perris: Council Member Tonya T. Burke (Mayor Pro Tem Rita Rogers, Alternate)
City of Canyon Lake: Council Member John Zaitz (Council Member Dawn Haggerty, Alternate)
City of Riverside: Council Member Andy Melendrez (Council Member Mike Gardner, Alternate)
City of Corona: Vice Mayor Dick Haley (Mayor Jason Scott, Alternate)
County of Riverside, District I: Supervisor Kevin Jeffries (Jerry Sincich, Alternate-At – Large; Legislative Assistant Thomas Ketcham, Alternate)
City of Eastvale: Mayor Ike Bootsma (Council Member Clint Lorimore, Alternate)
County of Riverside, District II: Supervisor John Tavaglione (Donna Johnston, AlternateAt-Large; Andrea Puga, Alternate-At-Large)
City of Hemet: Council Member Linda Krupa (Mayor Pro Tem Paul Raver, Alternate)
County of Riverside, District III: Supervisor Chuck Washington (Verne Lauritzin, Alternate)
City of Jurupa Valley: Council Member Frank Johnston (Council Member Brian Berkson, Alternate)
County of Riverside, District V: Supervisor Marion Ashley (Chief of Staff Jaime Hurtado, Alternate; Board Assistant Barry Busch, Alternate; Legislative Assistant, Deborah Rose, Alternate)
City of Lake Elsinore: Council Member Daryl Hickman (Mayor Pro Tem Robert Magee, Alternate)
City of San Jacinto: Council Member Alonso Ledezma (Mayor Pro Tem Mike Bartel, Alternate)
City of Menifee: Mayor Pro Tem Greg August (Council Member Lesa Sobek, Alternate)
City of Temecula: Mayor Pro Tem Maryann Edwards (Council Member Matt Rahn, Alternate)
City of Moreno Valley: Council Member Jesse Molina (Council Member LaDonna Jempson, Alternate
City of Wildomar: Mayor Pro Tem Bridgette Moore (Council Member Marsha Swanson, Alternate)
Updated 01-25-2016
AFFIDAVIT OF NON-COLLUSION (required)
Submit this form with the Price Proposal, failure to do so is grounds for disqualification.
I hereby swear (or affirm) under penalty of perjury that: 1.
I am the bidder (if the bidder is an individual), a partner in the bid (if the bidder is a partnership), or an officer or employee of the bidding corporation and have authority to sign on its behalf (if the bidder is a corporation);
2.
The bidder has independently produced the attached bid(s) without collusion, agreement, understanding or planned common course of action, with any other source, that would limit independent bidding competition;
3.
The contents of the bid(s) have not been communicated by the bidder and or its employees and or agents to any person not an employee and or agent of the bidder and or its surety, on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid, and
4.
I have fully informed myself regarding the accuracy of the statements made in this affidavit. Bidder’s Company Name Legal Structure (corp./partner/proprietor) Principal Office Address City, ST, 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 by Authorized Signatory
