Request for Proposal #2016-001

Transcription

Eastern Contra Costa Transit Authority
Contract Documents and Specifications for Transit
Operations
Request for Proposal (RFP) #2016-001
Tri Delta Transit
801 Wilbur Avenue
Antioch, CA 94509
February 1, 2016
2
TABLE OF CONTENTS
Section 1
NOTICE INVITING PROPOSALS
3
Section 2
KEY PROPOSAL DATES
6
Section 3
INFORMATION FOR PROPOSERS
8
Section 4
GENERAL CONDITIONS
31
Section 5
SPECIAL CONDITIONS
41
Section 6
SCOPE OF WORK
63
Section 7
PROPOSAL FORMS
105
Section 8
REQUIRED CERTIFICATIONS
117
Section 9
SAMPLE AGREEMENT
143
February 1, 2016
3
Section 1
NOTICE
INVITING
PROPOSALS
February 1, 2016
4
NOTICE
INVITING PROPOSALS FOR THE OPERATION OF FIXED ROUTE TRANSIT AND
PARATRANSIT BUS SERVICES
Notice and Invitation to Proposers
Eastern Contra Costa Transit Authority (ECCTA), also known as Tri Delta Transit, a Joint Powers
Agency located in eastern Contra Costa County, California, is accepting proposals for contracting the
operation of its fixed route transit and paratransit services for a four year period plus three optional
two year extensions. ECCTA will provide the successful Contractor all vehicles and operations
facilities.
ECCTA was formed in 1976 as a Joint Powers Agency (JPA) consisting of the cities of Antioch,
Brentwood, Pittsburg and the county of Contra Costa. Oakley incorporated as a city and joined the
JPA in 1999. ECCTA provides over 2.8 million fixed route trips and 140,000 paratransit trips each year
to a population of nearly 306,000 residents in the 225 square miles of eastern Contra Costa County.
This project shall include the furnishing of all labor and services as set forth in the Scope of Work
section of the RFP. A pre-proposal conference will be conducted at 10:00 am, local time, on February
17, 2016, in the ECCTA boardroom located at 801 Wilbur Avenue, Antioch, California. Attendance at
this conference is recommended but not required.
Technical and Price Proposals are due to ECCTA on or before 2:00 pm, local time, on March 25, 2016,
at ECCTA’s facility, 801 Wilbur Avenue, Antioch, California, 94509. Proposals received after said time
or at any other place other than the time and place stated in the RFP will not be considered.
Submitted proposals must include the ECCTA Proposal Cover Form and the ECCTA Price Proposal
Form. Any proposal submitted without these forms will be considered non-responsive and will be
rejected.
Copies of the RFP documents may be obtained from:
Ann Hutcheson
Director of Administrative Services
801 Wilbur Avenue
Antioch, CA 94509
Telephone: (925) 754-6622
Facsimile: (925) 757-2530
[email protected]
February 1, 2016
5
It is the intent of awarding the contract according to the process and procedures described in the RFP.
ECCTA intends to procure the highest quality service possible for the best value possible. Accordingly,
the Proposal and Contract Award process contains seven periods:
1.
2.
3.
4.
5.
6.
7.
RFP publication period
Technical and Price Proposal submission period
Technical Review Committee screening period
On site interview period
Technical Review Committee preliminary evaluation period
Technical Review Committee recommendation period
Contract award period
Definition and terms of this seven-step process are contained in the Information for Proposers
section of the RFP.
This contract is subject to the receipt of financial assistance from the U.S. Department of
Transportation and local sales tax funds, and may also be subject to a Grant Contract between the
Metropolitan Transportation Commission and ECCTA. The contract is subject to laws and regulations
governing the use of such funds. Proposers will be required to certify that they have not been
suspended or debarred from participation in federally funded contracts. Proposers must also disclose
lobbying activities. Full compliance with applicable Safety and Health Standards, Equal Employment
Opportunity and Americans with Disabilities Act laws and regulations will be required of the
successful proposer.
ECCTA will affirmatively ensure that, in regard to any contract entered into pursuant to this Request
for Proposal (RFP); Disadvantaged Business Enterprises will be afforded full opportunity to submit
proposals in response to this request and will not be discriminated against on the basis of race, color,
sex, or national origin.
Submittals shall be in accordance with the requirements set for in the Request for Proposal
documents. Submission of a proposal shall constitute a firm offer to ECCTA.
Office of the CEO
February 1, 2016
February 1, 2016
6
Section 2
KEY
PROPOSAL
DATES
February 1, 2016
7
Key Proposal Dates
TASK
DATE
1. Request for Proposal issue date
February 1, 2016
2. Pre-proposal Conference
10:00 am – local time – February 17, 2016
3. Requests for Interpretation DUE
March 4, 2016
4. Technical and Price Proposal DUE
2:00 pm – local time – March 25, 2016
5. On-site interviews with selected proposers
Week of April 11, 2016 (exact time TBD)
6. Technical Review Committee recommendation
April 14, 2016
7. ECCTA Board of Directors aware contract
April 27, 2016
8. Pre-start up meeting between ECCTA staff
and selected Contractor
May 9, 2016
9. Selected Contractor begins service
July 1, 2016
February 1, 2016
8
Section 3
INFORMATION
FOR
PROPOSERS
February 1, 2016
9
Information for Proposers
Scope and Location of Work
The work to be performed under this contract consists of the furnishing of all labor, insurance, bonds,
materials, and equipment specified in the Scope of Work (located in Section 6 of this RFP) needed to
perform the operation of fixed route and paratransit bus service. Work will be based out of ECCTA’s
facility at 801 Wilbur Avenue and ECCTA’s bus parking lot at 1001 Wilbur Avenue in the City of
Antioch, County of Contra Costa, State of California.
Coordination of Contract Documents
The General Conditions, Special Conditions, Scope of Work, Agreement and all other documents
included in this RFP are essential parts of the contract agreement. The documents are intended to be
complementary and a requirement occurring in one is binding as though occurring in all.
In the event that there are inconsistencies or discrepancies between the provisions contained in the
components of the contract documents, the Special Conditions and Scope of Work shall govern over
the General Conditions. The Agreement shall govern over the General Conditions, Special Conditions
and Scope of Work. Modifications in inverse chronological order (i.e. most recent first), shall govern
over any of the foregoing and in the same order as the specific portions they are modifying (i.e. same
date modifications to the Agreement shall govern over the same date modifications to the Special
Conditions, but a later modification to the General Conditions shall govern over the Agreement).
Interpretation of Contract Documents
No oral representation or interpretations will be made to any proposer as to the meaning of the
contract documents. Requests for interpretation shall be made in writing and delivered to ECCTA no
later than fifteen (15) working days, March 4, 2016, before the time announced for opening the
proposals. Interpretations, where necessary, will be made by ECCTA in the form of an addendum to
the contract documents. Addendum (s) will be sent as promptly as is practical to all parties to whom
the proposal documents have been issued. All such addenda shall become part of the contract.
Requests for information before the award of contract shall be directed to:
Ann Hutcheson
801 Wilbur Avenue, Antioch, CA 94509
Phone: (925) 754-6622
Fax: (925) 757-2530
[email protected]
February 1, 2016
10
It shall also be the proposer’s responsibility to call to ECCTA’s attention any missing pages in the
contract documents, including the addenda. These items shall be brought to the attention of ECCTA
in writing, at least fifteen (15) working days prior to the proposal opening date.
Procurement Process
ECCTA intends to procure the highest quality service possible for the best value possible. Accordingly, the
Proposal and Contract Award process contains seven periods:
1.
2.
3.
4.
5.
6.
7.
RFP publication period
Technical and Price Proposal submission period
Technical Review Committee screening period
On site interview period
Technical Review Committee preliminary evaluation period
Technical Review Committee recommendation period
Contract award period
Definition and terms of this seven-step process are described in this section.
February 1, 2016
11
PERIOD 1
Request for Proposal Publication Period
During this period, ECCTA staff publishes the notice and invitation to proposers. Notices inviting
proposals will be:





mailed to all potential proposers on a list prepared by ECCTA’s Procurement Officer,
displayed at the ECCTA office,
displayed at other appropriate public places such as the ECCTA website,
published at least one time per week for two consecutive weeks in trade journals, and or
magazines, and
published in a Disadvantaged Business Enterprise newspaper.
Pre-Proposal Conference
An optional pre-proposal conference will be held at the ECCTA facility on February 17, 2016, at 10:00
am, local time. All proposers are encouraged to attend. During this meeting, potential proposers will
have the opportunity to ask clarifying questions. Answers to questions asked during the pre-proposal
conference will be published and sent as an addendum to all parties receiving the RFP.
Requests for Clarification
All questions not addressed during the pre-proposal conference pertaining to clarifications of the RFP
or the selection process and all requests for conditions or exceptions must be submitted in writing at
least fifteen (15) working days (no later than March 4, 2016) prior to the proposal due date. E-mail,
mail, Federal Express or other delivery services, or facsimile are the only accepted format and must
be sent to:
Ann Hutcheson
801 Wilbur Avenue
Antioch, CA 94509
Telephone: (925) 754-6622
Facsimile: (925) 757-2530
[email protected]
No telephone inquiries will be accepted. All questions will be answered in writing and will be issued
as an addendum that will be furnished to all parties receiving the RFP. It is the proposer’s
responsibility to ensure their receipt of all addenda prior to submitting a proposal. Inquiries
submitted less than fifteen (15) working days prior to the proposal due date will not be accepted.
February 1, 2016
12
PERIOD 2
Technical and Price Proposal Submission Period
During this period proposers prepare, collect, and submit the information and various documents
required to qualify their technical and price proposals for consideration within the competitive range.
Eligible Proposers
Proposing firms must not be on the Comptroller General’s list of ineligible proposers. The Contractor
will be required to comply with all applicable Equal Employment Opportunity laws and regulations.
Disadvantaged Business Enterprises will be afforded full opportunity to submit proposals in response
to this RFP and will not be subjected to discrimination on the basis of race, disability, color, sex, or
national origin in consideration for an award.
To be considered, a proposer must be a person or firm who regularly performs the services described
in the Scope of Work section the RFP and have the necessary capabilities, including personnel,
training and equipment, to successfully perform these services.
Format of the Technical Proposal, the Price Proposal and the Required Forms
The intent of this RFP is to encourage responses that clearly communicate:
 The proposer’s understanding of the project
 The proposer’s proposed approach to meet the requirements of ECCTA
Information should be provided in a concise and well-organized manner. Submittals should not
contain any unnecessary promotional material.
Copies of the proposal should be prepared in at least a 12-point font and must be supplied in an
electronic text format. All signatures must be signed in ink and shall be made by an officer of the
proposer with the authority to bind the proposer to the terms of the solicitation.
Content of the Technical Proposal
To be considered, the technical proposal must address the requirements of the Scope of Work and
shall include:
A.
B.
C.
D.
E.
F.
G.
H.
February 1, 2016
Statement of Qualifications
Corporate Support and Management Plan
Transition and Start Up Plan
Staffing Plan
Work Plan
Properly Executed Certifications
Identification of parts of Proposal that are proprietary
Listing of exceptions/objections
13
A. Statement of Qualifications:
Description of Organization, size and years in business and Experience Record
This section should contain a concise description of the proposer’s background and
experience in providing services similar to those outlined in the Scope of Work, listing at least
five projects (including international references) within the last five years. The information
submitted should include:
 Name, address, and telephone number of the responsible official of the organization
 Cost of the contract
 Dates services encompass
 Services provided
 The status of the contract
Resumes:
•
Quality Assurance Liaison/Mentor
This individual will be responsible for the recruiting, hiring, training, and continued
oversight of the on-site management team. It is expected that this individual will
communicate team status on a regular basis to the ECCTA CEO. It is further expected
that the reporting will be more frequent in the beginning of the contract and may
taper off as the team progresses and develops. It is expected that this individual will
personally fill any vacancies in the key positions identified by the proposer until the
position is filled with an individual approved by ECCTA’s CEO.


The executive or principal of the firm that will be assigned to this project
The individuals who would attend the interview if the proposer is invited to the
interview
These resumes should feature all job experience over the past three years including:
• Primary responsibilities and length of employment and locations for each
position
• Education
• Professional registrations or certifications
• Professional affiliations
• Key skills
• Years employed by proposer
• Total years of professional experience
• Current assignment and location
February 1, 2016
14
B. Corporate Support and Management Plan
The Plan shall include a description of the support services clearly identifying the key
corporate personnel that will lend support to the local management team, including the
following:
 Organizational relationship (include an organizational chart)
 Frequency of interaction and site visits for support in safety, training, customer service
and technology
 Expected role in providing mentoring, training and professional development to the
local management team
 A statement of how the operation will be supported in Human Resource management
including succession planning
C. Transition and Start Up Plan
The detailed Transition and Start Up Plan should include a description about how the services
will be transitioned assuring a smooth start up including a timeline that will ensure all
transition and start up tasks will be completed prior to the contract start date of July 1, 2016.
The transition costs will not be subject to price scoring, but will be evaluated as part of the
Proposer’s overall understanding of the project
The transition and start up plan should include:
 A chart that identifies the various activities/deliverables associated with the components
of your plan, start and end dates, status, % done, who’s responsible, critical
dependencies, and the easily recognizable milestones during the life of the plan.
 An Issues Log that identifies specific action steps for issues needing to be addressed by
whom and by when.
 A Risk Analysis of potential problems throughout the transition and start-up and one
that includes conducting the employee bid process so as to not disrupt the provision of
service. The analysis will include a description of perceived risks and a contingency
plan for mitigating and/or avoiding those risks.
 The Proposer’s plan for hiring employees and for complying with labor regulations.
 The Proposer’s plan for providing training, including recruitment and training
schedules, to assure a fully qualified workforce by the contract starts date.
 The Proposer’s plan for ensuring continuous, reliable, safe and courteous service
beginning on the contract start date in order to meet the standard of service required
by ECCTA.
 The Proposer’s plans for the activities and procedures to be followed to occupy ECCTA
facilities.
 The general approach the Proposer would take to deal with issues that arise from
employee insecurity and dissatisfaction with change and public uncertainty.
February 1, 2016
15
The Transition and Start-up period will be a minimum of sixty days (60) days. The Contractor
will be compensated for transition and start-up costs in five (5) equal monthly installments
over the transition and start-up period plus the three months following start up. The last
three payments are conditioned upon the successful completion of all transition and start-up
activities as determined solely by ECCTA. The payment amount shall be based on the
proposer’s transition and start-up cost proposal.
ECCTA will provide office and meeting space, training area, furniture, phones, internet
connection and vehicles for training. Please refer to the training vehicle availability schedule
below.
Training Vehicle Availability Schedule
Time frame
Paratransit
Med-Van
Phantom
Low Floor
MCI "E"
MCI "D"
9a-3p
all day
all day
9
11
13
1
4
4
2
10
10
2
10
10
1
4
4
1
4
4
Mon- Fri
Sat
Sun
Start up and transition plans will be evaluated on whether the Plan addresses necessary
transition and start-up activities, including hiring, labor and training requirements, and the
reasonableness of the Proposer’s budget for transition and start-up activities.
D. Staffing Plan
At a minimum the proposal response shall include:
 A staffing plan that includes the job descriptions for the key positions including the
Quality Assurance Liaison/Mentor that will be assigned to the project.
 An organizational chart with a listing of all job classifications and the number of full
and part time employees in each job classification to be used in the performance of
the work.
 The current labor agreement expires on July 15, 2016; include a detailed labor plan for
ensuring a smooth start up and continuity of service.
 Proposed shift schedules, set out in timeline format, displaying the hours of coverage
to ensure adequate staffing for operators, supervision, dispatch and the contact center
which includes telephone information and reservations.
 The Proposer’s Employee Recruitment, Retention and Compensation Program. This
Program shall describe the Proposer’s plan for recruiting employees and promoting
workforce stability, reducing turnover, and rewarding quality job performance. It
should also include the Proposer’s plan for adequate compensation and health care
and other benefits, opportunities for advancement, succession plan, and other means
for promoting the retention of employees and the preservation of a stable workforce.
February 1, 2016
16
E. Work Plan
The proposals shall include a complete work plan and transition timeline that completely
addresses each aspect of the Scope of Work defined in Section 6 of the RFP.
This work plan shall include the following information:
 Statement of approach to operating ECCTAs service. This should be a narrative
description of the proposed approach to operating the service specifically addressing
on-time performance, downed bus, late bus, wheelchair overloads, no shows, and
detours/other service interruptions
 Samples of all Contractor report forms used for this project. ECCTA -provided report
forms are included in the Scope of Work.
 Plans for gathering pertinent data, method for handling comments, complaints,
commendations and plans for communicating with ECCTA staff during the course of
any resulting contract.
 Safety, Security and Emergency Preparedness Plans. Identify staff positions dedicated
to system security, emergency preparedness, implementation strategies for security
awareness and implementation of Homeland Security requirements.
 Environmental management plan.
 Formal procedures to be used by supervisory personnel.
 Training program for personnel, including drivers, dispatchers, supervisors, managers,
contact center employees to assure quality service is being provided. Include a typical
training syllabus used in previous training courses of the same or similar content for all
mangers, drivers, dispatchers, road supervisors and contact center personnel. Include
your approach to customer service training.
 Dispatching function description including method of tracking and monitoring all
vehicles in service.
 Employee Incentive Plan.
 Operational Emergency Plan (with or without passengers aboard), traffic safety plan,
accident reduction and prevention plan, accident remediation plan, crime prevention
plan, and safety plan for all personnel.
 Drug and Alcohol Testing policy and program.
 Job descriptions for all proposed non-key positions and method of selection of
personnel for each function.
 Technology plan/strategy- Address methodology for increasing the paratransit
ridership per hour metric. Include a description of other locations or cases in which
this innovation has been used detailing its success in achieving stated objectives. On
the Detailed Cost Sheet and the Transition and Start-Up Cost Proposal, include the cost
to ECCTA, if any.
 Complaint handling procedure. Describe the end-to-end process including a timeframe
for complaint response. ECCTA will provide a Customer Service tracking software
package.
 Passenger interaction policy.
February 1, 2016
17


F.
Description of plans to monitor and control quality of service and measurement tools
and programs to be used. Include plans to communicate/respond to performance
standards.
A description of the role of dispatch in the overall plan to maintain an efficient and
effective service:
1. Technical aids that will be enhanced or added to Dispatch to assure it functions
as a proactive environment.
2. The plan to provide real-time assistance to quickly resolve operational delays or
No- Show situations notified through customer calls.
3. The Contractor’s plans for responding to service failures and by Dispatcher
personnel, and replacing service as necessary to respond to breakdowns,
accidents, late service, and other occurrences. The plans should detail the specific
techniques to be used to proactively address service failures and disruptions.
4. A description of how the Proposer plans for Dispatch, Supervisors and
Operators to interact to assure an effective service.
5. The proposal should contain a brief description of the proposer’s plan to
identify unfavorable trends and problem areas.
6. The proposal should include a plan for collecting, compiling and reporting
statistics as required by the National Transit Database (NTD) and demonstrates
a thorough understanding of those requirements and a plan for staying abreast
of periodic changes to that program.
7. The proposal should identify and describe the records to be kept to comply
with all requirements of the Scope of Work.
8. The proposal should describe actions that can be implemented to develop a
seamless team-oriented relationship between ECCTA and its Contractor to
foster a quick and satisfactorily resolution of operational problems.
All properly executed certifications in Section 8 of this RFP:
If the proposal is made by an individual or individually owned business, his or her signature
and printed name
If the proposal is made by a partnership or joint venture:
 The signature, printed name, title, and company name of at least one of the
general partners. Additionally, the proposal shall include a notarized Power of
Attorney form which certifies that the individual(s) signing the proposal have the
authority to sign the cost proposal form and to bind the partnership or joint
venture
If the proposal is made by a corporation:
 The signature, printed name, and title of at least one officer authorized to sign on
behalf of the corporation.
February 1, 2016
18
The state under the laws of which the corporation is incorporated must be
indicated. Additionally, the proposal shall include a notarized Power of Attorney
form which certifies that the individual(s) signing the proposal have the authority
to sign the cost proposal form and to bind the corporation.
G. Proprietary Information
Proposers are to identify all parts of the proposal the proposer considers proprietary and
include a written justification for the claim.
H. Exceptions/Objections
Proposers should make a statement listing any exceptions/objections to the requirements of
the RFP. This shall include any objections to the terms and conditions of the agreement
between the successful proposer and ECCTA. Failure to specify any exceptions or objection to
the requirements, and terms and conditions of this RFP, will constitute acceptance of ECCTA’s
requirements.
Content of the Price Proposal
To be considered, the price proposal must address all requirements of the Scope of Work.
The price proposal shall include everything necessary for the completion of and fulfillment of the
contract including, but not limited to, transportation, materials, equipment, and all management,
superintendence, labor and services, except as may be provided otherwise in the contract
documents, and all applicable federal, state, and local taxes.
One time start-up costs should be identified on the Cost Proposal form. Such costs will be considered
separately from overall cost-effectiveness considerations. Details of the ultimate start-up costs will be
finalized during the final negotiations with the top ranked proposer.
In the event that the product of a unit price and an estimated quantity does not equal the extended
amount quoted, the unit price shall govern and the correct product of the unit price and the
estimated quantity shall be deemed to be the amount proposed.
Where there is a conflict between words and figures, the words shall govern and the figures shall be
disregarded.
February 1, 2016
19
To be considered, the price proposal must address the requirements of the Scope of Work and shall
include:
 A properly completed and signed Proposal Cover Form located in Section 7 of the RFP
 A properly completed Price Proposal Form located in Section 7 of the RFP
Any cost proposal submitted on any other form will be considered non-responsive and will be
rejected. The price proposal shall give all information requested. Any price proposal with blank spaces
will be considered non-responsive and will be rejected.
Terms of Proposal
All proposals shall remain in effect for sixty (60) days from presentation of the proposals to the ECCTA
Board of Directors. By submitting a proposal, the proposer accepts all conditions and requirements in
these contract documents and in all published addenda.
Proposal Submission Procedures
All properly marked proposals received at the ECCTA facility, 801 Wilbur Avenue, Antioch, CA, 94509
at or before 2:00 pm, local time, on March 25, 2016, will be evaluated by ECCTA. Proposals received
after this time or at any other location will not be considered. ECCTA shall not be responsible for the
failure of mailed or delivered proposals to actually be received by ECCTA by the time due on the date
due.
One (1) original and three (3) copies of a proposer’s technical and price proposal and an electronic copy
on a CD or thumb drive (price proposal on a separate CD or thumb drive) must be submitted as follows:
1. One original proposal with required signatures in ink by an officer of the proposer with the
authority to bind the proposer to the terms of the RFP submitted in separate securely
sealed envelopes marked as follows and one electronic copy:
ORIGINAL:
ORIGINAL:
TECHNICAL PROPOSAL
PRICE PROPOSAL
Proposers are warned against making erasures or alterations of any kind without initialing
each and every change. Price Proposal and pricing information are not to be included in
the Technical Proposal.
February 1, 2016
20
2. Three sets of copies of the technical and price proposal submitted in separate securely
sealed envelopes marked as follows:
COPY:
COPY:
TECHNICAL PROPOSAL
PRICE PROPOSAL
3. The two CD’s or two thumb drives submitted in separate securely sealed envelopes
marked as follows:
ELECTRONIC:
ELECTRONIC:
TECHNICAL PROPOSAL
PRICE PROPOSAL
The four sets of printed proposals and the thumb drive/CD set shall be sealed and addressed to:
Ann Hutcheson
801 Wilbur Avenue
Antioch, CA 94509
Modification of a Proposal
A proposal can be modified after it has been received by ECCTA only if the modification is received
prior to the time established for receiving proposals. All modifications shall be made in writing,
executed, and submitted in the same form and manner as the original proposal.
Withdrawal of a Proposal
A proposal can be withdrawn anytime up until the date and time the proposals are opened. After the
proposals are opened, no proposer is permitted to withdraw its proposal for sixty days after the date
set for the opening of proposals.
Postponing Proposal Opening
ECCTA reserves the right to postpone the date and time for receiving and/or opening proposals at any
time prior to the date and time established. If the date/time is postponed, all those to whom the RFP
was furnished will be notified in writing with an addendum.
February 1, 2016
21
PERIOD 3
Technical Review Committee Screening Period
An initial screening of the properly submitted technical proposals will be conducted to determine if
they meet the basic requirements of the RFP. During the evaluation, the Technical Review
Committee may, at its option, initiate discussions with proposers for the purpose of clarifying aspects
of the proposals; however, proposals may be accepted and evaluated without such discussion.
Discussions MAY NOT be initiated by the proposers.
During this period, the Technical Review Committee will contact references listed by the proposer as
well as conduct industry research about the proposer.
If the Technical Review Committee finds the proposal and the proposer to be materially compliant
with the requirements of the RFP, the proposer may be invited to an on-site interview that will be
conducted at the ECCTA facility during the week of April 11, 2016, exact time TBD.
February 1, 2016
22
PERIOD 4
On-Site Interview Period
During this period, invited proposers will meet with the ECCTA interview panel. ECCTA intends to
procure the highest quality service possible for the best value possible. Proposers will be allotted no
more than 60 minutes for a presentation. The presentation will be followed by a question and
answer period lasting no more than 30 minutes. At this time proposers should clarify their proposals,
demonstrate a clear understanding of the RFP, ECCTA’s service, ECCTA’s organization and respond to
any questions the interview panel may have.
Interview Panel
The interview panel will consist of members of the ECCTA executive team, members of the
Technical Review Committee, and other designated individuals.
Interview Purpose
The purpose of the interview is to give the interview panel the opportunity to meet the
proposed firm and to learn about the proposer’s company. At a minimum, the following
individuals are required to attend the interview:
1. An executive or principle of the firm that has authority to represent the proposer’s
firm
2. The Quality Assurance Liaison/Mentor
If these individuals or the principle of the firm cannot attend the interview, the proposer will
be considered non-compliant with the terms of the RFP and will be disqualified. Additional
representatives of the proposer’s firm may be brought in at the proposer’s discretion. The
proposer must supply resumes of all who attend the interview.
Interview Structure
The presentation shall include but is not limited to:
1. A summary review of their proposal by an individual or principle of the firm with direct
authority to represent the proposer’s firm.
2. A discussion about the recruitment, selection and training of the on-site management
team.
3. A presentation by the Quality Assurance Liaison/Mentor that includes information
about his/her transit background and other related management experience, goals for
the contract, philosophy about transit, an outline of what he/she sees as the most
important part of the operation, planned strategies to work with the client, passengers
and employees, customers.
4. An on-site demonstration of the technology proposed by Contractor for monitoring
productivity and on time performance for paratransit service.
February 1, 2016
23
5. Presentation of several reporting forms used by the Contractor for this project.
6. A discussion about the Contractor’s approach to the value adds in the Scope of Work
Section.
During the interview, the interview panel may ask clarifying questions about the presentation
and the proposal. The proposer should have the authority and the knowledge to answer the
questions.
February 1, 2016
24
PERIOD 5
Technical Review Committee Evaluation Period
During this period, the Technical Review Committee will conduct an in-depth evaluation of the
technical proposal, the price proposal, and the interview.
It is the intention of ECCTA to award a contract to the proposer who demonstrates the attributes of
trustworthiness, as well as quality, fitness, capacity and experience to enable it to prosecute the work
successfully and properly. To determine the degree of responsibility to be credited to the proposer,
ECCTA will weigh any evidence that the proposer has performed satisfactorily other contracts of like
nature and magnitude, and comparable difficulty and rates of progress, to the work. ECCTA shall
have sole discretion to determine what contracts are of like nature and magnitude, and comparable
difficulty and rates of progress.
February 1, 2016
25
PERIOD 6
Technical Review Committee Recommendation Period
ECCTA will select a firm based on how well the Contractor’s proposal conforms to the solicitation and
represents the best value to ECCTA. If ECCTA does not choose to make a selection based on initial
proposals, ECCTA may conduct discussions with those Contractor’s it determines to be within the
competitive range, and to allow such Contractor’s to submit Final Proposal Revisions.
ECCTA’s Technical Review Committee will employ the following selection criteria:
Experience and Staffing (40%)
 Knowledge of and experience with public transit agencies
 Qualifications, knowledge and experience of proposer’s Quality Assurance Liaison/Mentor
working on this project
 References
 Corporate Support and Management Plan
 Staffing Plan
Approach to Scope of Work (40%)
 Commitment to providing excellent customer service
 Creative ideas proposed to maximize safe and efficient transit operations
 Commitment to safety
 Commitment to hiring, training and retaining qualified employees
 Safety, Security and Emergency Management Program
 Work Plan
 Technology Improvements and Innovations
 Innovative approaches to service delivery i.e. using a third party providers, experience
with van pool operations, or other approaches
Cost Proposal (15%)
ECCTA intends to procure the highest quality service possible for the best value possible.
Transition and Start-up Plan (5%)
Contractor’s proposed plan to effect a smooth transition from the existing Contractor, First
Transit Inc. (“First Transit”)
ECCTA’s Technical Review Committee may use more detailed unstated criteria as long as those
criteria generally correlate with or logically might be included within the scope of those stated
above. ECCTA may revise the evaluation criteria during the course of the review periods. Such
February 1, 2016
26
revisions will be made by written addenda. All proposers within the competitive range will be
allowed to supplement their proposals in response to those revisions in evaluation criteria.
The Technical Review Committee may use numerical scores in applying the evaluation criteria.
The significance of the difference in numerical scores is not the numerical difference, per se, but
is based on the considered judgment of the Technical Review Committee.
Thus, proposals with essentially equal total scores may be deemed significantly different because
of the significance of differences in scores on individual evaluation criteria. Likewise, proposals
with substantially different total numerical scores may be deemed essentially equal.
ECCTA has attempted to state the evaluation criteria in a manner that makes the relative
importance of each criterion readily apparent. Any prospective proposer that is unsure about the
meaning or relative importance of an evaluation criterion should request clarification as soon as
possible.
February 1, 2016
27
PERIOD 7
Contract Award Period
Notification
Upon completion of the Technical Review Committee’s final evaluation, the highest ranked proposer
shall be notified of being selected for contract award.
If the selected proposer fails to provide all required information, documents, etc. in a timely manner
or otherwise declines to perform, ECCTA may terminate negotiations and offer award to the next
highest ranked proposer.
Notice of Intent to Award Contract
After completion of the evaluation process and contract negotiations and before the formal award of
a contract, ECCTA will issue a “Notice of Intent to Award Contract” to all proposers. This notice shall
contain the name and contract amount of the intended recipient of award.
ECCTA Board of Directors Award
The ECCTA Board of Directors will evaluate the Technical Review Committee’s recommendation and
award a contract during the April 27, 2016 regularly scheduled meeting.
Rejection of Proposals
ECCTA reserves the right to reject any or all proposals, to make any awards or any rejections in what
it alone considers to be in the best interest of ECCTA, and to waive any informalities or irregularities
in the proposals.
If there is a reason to believe that collusion exists among any of the proposers, none of the proposals
of the participants in the collusion will be considered. In addition, ECCTA may elect to reject all
proposals received.
ECCTA reserves the right to reject a proposal:
• that is incomplete, obscure, or irregular;
• that is from a proposer who has previously failed to perform properly or to complete
contracts of any nature on time;
• that contains unauthorized conditions, exceptions, limitations, or provisos
• that contain erasures or irregularities of any kind, without initialing; and/or
• that does not include properly completed and signed forms.
February 1, 2016
28
Protest Procedures
These procedures will apply to all procurement actions whether by sealed bid, request for proposal or
sole source and regardless of the stage of the procurement process at which the protest is filed.
A. Protest Before Bid/Proposal Opening
Protests based upon restrictive specifications or alleged improprieties in the
bidding/proposal procedure shall be filed, in writing, ten (10) days prior to the
bid/proposal due date. A detailed description of the facts underlying the protest plus any
supporting documentation must be included with the written protest.
The protest should be submitted to the Director of Administrative Services at ECCTA, 801
Wilbur Avenue, Antioch, CA 94509.
B. Protest of Award
A bidder/proposer may file a protest with ECCTA alleging a violation of applicable federal
or state law relative to the seeking, evaluating and/or awarding of a procurement
contract. Such protest must be filed no later than three (3) days after the date of the
issuance of the Notice of Intent to Award Contract. A detailed description of the facts
underlying the protest plus any supporting documentation should be included with the
written protest.
The protest should be submitted to the Director of Administrative Services at ECCTA, 801
Wilbur Avenue, Antioch, CA 94509. A copy of the protest and all supporting documents
must also be transmitted by fax or by e-mail, by or before the protest deadline, to the
protested bidder/proposer and any other bidder/proposer who has a reasonable prospect
of receiving an award depending upon the outcome of the protest.
C. Investigation of Protest
The Director of Administrative Services shall investigate any protest filed pursuant to (A)
and/or (B) above, and respond in writing within five (5) working days. The written
response shall specify any action to be taken by ECCTA. If the bidder/proposer is not
satisfied with the decision of the Director of Administrative Services, the bidder/proposer
may appeal the decision in writing within (3) three working days to ECCTA’s Chief
Executive Officer (CEO), 801 Wilbur Avenue, Antioch, CA 94509.
The CEO shall investigate and shall respond in writing specifying any differences between
findings and those of the Director of Administrative Services.
The CEO shall state the action to be taken by ECCTA or the fact that no action shall be
taken. Subject to any contrary decision by the ECCTA Board of Directors, the decision of
the CEO is the final decision of ECCTA.
February 1, 2016
29
The bidder/proposer will be notified of its right to appeal to the appropriate state or local
administrative or judicial authorities.
In the event a protest has been filed in a timely manner prior to an award being made by
the ECCTA Board of Directors, ECCTA shall not make the award prior to five calendar days
after the resolution of the protest, unless ECCTA makes a written determination that:



the items to be procured are urgently required;
delivery or performance will be unduly delayed by failure to make the award
promptly; or
failure to make a prompt award will otherwise cause undue harm to ECCTA.
Failure to comply with any of the requirements set forth in ECCTA’s bid/proposal protest
procedures may result in rejection of the protest.
Insurance Certificates, Riders, Stipulations and Bonds
Before the successful Contractor begins performance under the contract, the successful Contractor
shall furnish original certificates of insurance showing a commencement date no later than the first
day of the start-up period. The insurance shall be in compliance with the stipulations outlined in the
General and Special Conditions. The Contractor’s automobile insurance policy shall also cover ECCTA
employees driving ECCTA owned vehicles. Contractor shall also furnish an original fidelity bond as
required in the Agreement.
Conflict of Interest
No employee, director, officer, or agent of ECCTA shall participate in selection, award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when the employee, officer or agent, any member of his/her immediate family,
his or her partner, an organization which employs, or is about to employ, any of the above interest in
the firm selected for award.
ECCTA’s officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of
monetary value from Contractors, potential Contractors, or have a financial or other interest in the
firm selected for award.
February 1, 2016
30
Addenda
Each proposal shall include specific acknowledgment (in the space provided) of the receipt of all
addenda issued during the proposal period. Failure to so acknowledge all addenda may result in the
proposal being rejected as nonresponsive.
Taxes
Proposal prices shall include all applicable federal, state, and local taxes.
February 1, 2016
31
Section 4
GENERAL
CONDITIONS
February 1, 2016
32
GENERAL CONDITIONS
Eastern Contra Costa Transit Authority (ECCTA), also known as Tri Delta Transit, was formed in August
of 1976 under the provisions of the California Joint Exercise of Powers Act, Government Code
Sections 6500 et. seq. and represents the Cities of Brentwood, Antioch, Pittsburg, and Oakley as well
as the unincorporated portions of eastern Contra Costa County. ECCTA is responsible for provision of
the public transit fixed route and paratransit service within an approximate 225 square mile service
area with a population of approximately 306,000.
Funding Sources
ECCTA receives grants for operating and capital purchases from federal, state and local sources.
Release of Information
The successful Contractor and any unsuccessful proposer shall not release any reports, information,
or promotional materials prepared in connection with a contract award without obtaining prior
permission from ECCTA.
Examination of Contract Documents
Each proposer shall thoroughly examine and be familiar with legal and procedural documents,
general conditions, specifications, and addenda (if any). Submission of a proposal shall constitute
acknowledgment, upon which ECCTA may rely, that the proposer has thoroughly examined and is
familiar with the contract documents. Failure or neglect of a proposer to receive or examine any of
the contract documents shall in no way relieve them of any obligation with respect to their proposal
or to the contract. No claim for additional compensation will be allowed which is based upon a lack
of knowledge of any contract documents.
Rendition of Services
By submitting a proposal, the proposer agrees to undertake, carry out and complete all work
established in a professional and timely manner satisfactory to ECCTA standards as described in this
RFP.
Proposer’s Status
Neither the proposer nor any party contracting with the proposer shall be deemed to be an agent or
employee of ECCTA. The proposer is and shall be an independent Contractor, and the legal
relationship of any person performing work for the proposer shall be one solely between said parties.
February 1, 2016
33
Ownership of Work
All reports, drawings, plans, specifications, and other materials prepared, or in the process of being
prepared, for the services to be performed by the proposer shall be and are the property of ECCTA,
and ECCTA shall be entitled access to, and copies of, during the progress of the work.
In the event that the work which is the subject of the agreement is not completed, for any reason
whatsoever, all designs and materials generated under this agreement shall be delivered as ECCTA
may direct.
Insurance Requirements
Contractor shall procure and maintain, at its own cost and expense, for the duration of this
Agreement insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the operations, services, and performance for the work hereunder and the
results of such operations, services and performance by the Contractor, its agents, representative,
employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an “occurrence” basis, including coverage for bodily injury, personal injury,
property damage, and contractual liability, with limits no less than $15,000,000
combined single limit.
2. Vehicle Liability: Vehicle liability insurance covering any vehicle, including owned
vehicles, hired vehicles, and non-owned vehicles, with limit no less than $15,000,000
combined single limit. Coverage must include bodily injury, property damage,
collision and comprehensive, and include coverage for damage to ECCTA vehicles and
to passengers. The Contractor’s automobile policy shall also cover ECCTA’s employees
driving ECCTA owned vehicles.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits,
and Employer’s Liability Insurance with limit of no less than $5,000,000 per accident
for bodily injury or disease.
If the Contractor maintains higher limits than the minimums shown above, ECCTA requires
and shall be entitled to coverage for the higher limits maintained by the Contractor.
CGL and Vehicle Liability limits may be met by a combination of primary and excess/umbrella
policies, in which case the primary policy must have minimum $5 million combined single
limits, and any excess/umbrella policies must provide coverage at least as broad as the
primary policy.
February 1, 2016
34
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
a. Separation of Insureds
The inclusion of more than one insured shall not operate to impair the rights
of one insured against another insured and the coverages afforded shall apply
as though separate policies had been issued to each insured.
b. Additional Insured Status
ECCTA and its member jurisdictions, together with their respective officers, officials,
employees, and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising, directly or indirectly, out of work, operations,
services, acts, errors or omissions in performance by or on behalf of the Contractor,
including services, materials, parts or equipment furnished in connection with such
work or operations. General liability coverage must be provided in the form of an
endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11
85 or both CG 20 10 and CG 20 37 forms if later revisions used).
ECCTA and its member jurisdictions, together with their respective officers, officials,
employees, and volunteers are to be covered as additional insureds on the Vehicle
Liability policy with respect to liability arising out of Contractor’s use of vehicles in
connection with this Agreement.
c. Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be
primary and noncontributing insurance as respects ECCTA, Contra Costa, and their
respective officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by ECCTA, Contra Costa, and their respective officers, officials,
employees, or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
d. Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be
canceled, except with thirty (30) days’ notice to ECCTA by certified mail. Contractor
shall obtain an endorsement to each policy required by this Agreement reflecting the
agreement by the insurer to provide such notice. In addition, Contractor is
responsible to notify ECCTA within 5 business days of any cancellation, non-renewal,
reduction in limits or material change that affects required insurance coverage.
February 1, 2016
35
e. Waiver of Subrogation
Contractor hereby grants to ECCTA a waiver of any right to subrogation which any
insurer of said Contractor may acquire against ECCTA, Contra Costa, and their
respective officers, officials, employees, and volunteers by virtue of the payment of
any loss under such insurance, including the coverages required under this
Agreement. Contractor agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of whether or
not ECCTA has received a waiver of subrogation endorsement from the insurer.
f. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
ECCTA. ECCTA may require the Contractor to purchase coverage with a lower
deductible or retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. Any
deductibles or self-insured retention shall be the responsibility of Contractor to
satisfy.
g. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than
A: VII, unless otherwise acceptable to ECCTA.
h. Verification of Coverage
Contractor shall furnish ECCTA with original certificates and amendatory
endorsements or copies of the applicable policy language effecting coverage required
by these insurance requirements. The certificates, endorsements and applicable
policy language to be provide must include proof of (1) the coverages required; (2) the
required limits; (3) separation of insureds; (4) additional insured status; (5) primary
coverage; (6) notice of cancellation; and (7) waiver of subrogation. All certificates and
endorsements are to be received and approved by ECCTA before work commences,
and must be provided annually thereafter for the duration of the Agreement.
However, failure to obtain the required documents prior to the work beginning or
thereafter shall not waive the Contractor’s obligation to provide them. ECCTA
reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
February 1, 2016
36
Notice to Proceed
As soon as practical after execution of the contract, and after receipt of acceptable insurance
certificates by ECCTA, a written Notice to Proceed will be mailed to the successful proposer. The
effective date of the Notice to Proceed will be the date stated in the Notice to Proceed, provided that
the effective date will not be earlier than the day following the issuance of the Notice to Proceed.
Acceptance
Acceptance by ECCTA of any services furnished under this contract shall occur only subsequent to the
final review of authorized employees of ECCTA. ECCTA shall reject and refuse to pay for any and all
non-conforming services. Nothing in this section shall limit or restrict the warranty and remedy
obligations of the proposer specified in this agreement.
Legal Relations and Responsibilities
All services furnished pursuant to this agreement shall comply with all applicable federal, state,
county, and municipal statues, ordinances, and regulations. The Contractor shall, if requested by
ECCTA, provide certification and evidence of such compliance. The Contractor shall furnish, upon
ECCTA’s request, verification that its employees have legal rights to work in the United States of
America and in the State of California.
The Contractor shall keep fully informed concerning all requirements of law, including, but not limited
to all federal, state, and local laws and regulations which in any manner affect the performance of
work under this agreement. The Contractor shall at all times observe, and shall cause all employees
and subcontractors to observe, all such requirements of law and shall protect, indemnify and hold
harmless ECCTA, its directors, officers, agents and employees against all claims and liabilities arising
from or based on the violation of any such requirement of law whether by the Contractor or their
employees or subcontractors.
If any discrepancy or inconsistency is discovered in the contract documents of the work in relation to
any such requirements or laws, the Contractor shall immediately report the same to ECCTA.
If any part of these contract documents is declared invalid by a court of law, such decision will not
affect the validity of the remaining portion, which shall remain in full force and effect.
Risk of Loss
All loss or damage arising from any unforeseen obstruction or difficulties, either natural or artificial,
which may be encountered in the furnishing of the supplies, materials, or equipment, or from any
action of the elements prior to final written acceptance of the supplies, materials or equipment, or
from any act or omission not authorized by the contract documents on the part of the Contractor or
any agent or person employed by it, shall be sustained and borne solely by the Contractor.
February 1, 2016
37
Termination of Agreement
The agreement and all related obligations may be terminated at any time, with or without cause, by
ECCTA upon at least thirty (30) days written notice to the Contractor. The Contractor may terminate
the Agreement with at least ninety (90) day written notice to ECCTA.
If the Contractor fails to perform any of its material obligations under the agreement, in addition to
all other remedies provided by law, ECCTA may terminate the agreement immediately with a written
notice.
Upon termination with or without cause, all finished and unfinished documents, project data, and
reports shall, at the option of ECCTA, become its sole property and shall, at the Contractor’s expense,
be delivered to ECCTA or to any party it may designate.
In the event the agreement terminates without cause, the Contractor shall be entitled to any
compensation owing to it up to the time of the termination. Any payments are full compensation for
services rendered prior to the time of payment provided however that the Contractor is entitled to
compensation for work in progress at the time of termination.
Force Majeure
The performance of work under this agreement may be terminated by ECCTA, in its discretion, for
unforeseen causes beyond the control and without the fault or negligence of the Contractor, such as
Acts of God, acts of the public enemy, governmental acts, strikes, fires and epidemics, if such causes
irrecoverable disruption or renders impossible the Contractor’s performance hereunder. An “Act of
God” shall mean a significant earthquake, flood, cyclone, or other cataclysmic phenomenon of nature
beyond the power of the Contractor to reasonably foresee or make preparation in defense against.
Contract Change Order
ECCTA may at any time make alterations, deviations, additions to or deletions from the contract
documents, and may increase or decrease the quantity of any item or portion of the work, or delete
any item or portion of the work, and may require extra work, as determined by ECCTA to be
necessary or advisable. All such work shall be performed under applicable provisions of the contract
documents, unless specifically provided otherwise at the time the change is ordered.
Any such changes will be set forth in a written contract change order issued by ECCTA. The contract
change order will specify: (1) the work to be done in connection with the change to be made; (2) the
amount of the adjustment of the contract price, if any, and the basis for compensation for the work
ordered; and (3) the extent of the adjustment in the contract time, if any. A contract change order
shall not become effective until ECCTA’s Chief Executive Officer has signed it.
February 1, 2016
38
No changes or deviations from the contract documents shall be made without an approved contract
change order, except in the case of emergency. In such case and upon receipt of a written directive
signed by the Chief Executive Officer, the Contractor shall proceed with the ordered work and ECCTA
will prepare a written contract change order for approval and issuance to the Contractor as soon
thereafter as practicable.
In the event, the Contractor encounters any unanticipated conditions or contingencies that may
affect the Scope of Work and would result in an adjustment in the amount of cost of the contract, the
Contractor shall so advise ECCTA in writing immediately upon notice of such condition or
contingency. The written notice shall explain the circumstances giving rise to the unforeseen
condition or contingency and shall set forth the proposed adjustment in compensation resulting
thereof.
Disagreement by the Contractor with ECCTA’s determination of the need for, or amount of, an
adjustment in contract price or contract time associated with an approved contract change order (or
disagreement by the Contractor with ECCTA’s determination that a change has not occurred and no
contract change order is needed) shall not, under any circumstances relieve the Contractor from its
obligation to promptly begin and diligently prosecute the work, including the change, as described in
the approved contract change order.
Hazardous Chemicals and Wastes
The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of performance of this contract. The Contractor
shall immediately report any such release to ECCTA. The Contractor shall be solely responsible for all
claims and expenses associated with the response to, removal and remediation of the release,
including, without limit, payment of any fines or penalties levied against ECCTA by any agency as a
result of such release and shall hold harmless, indemnify and defend ECCTA from any claims arising
from such release. For purposes of this section only, the term "claims" shall include (i) all notices,
orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by
any governmental agency with jurisdiction, and (ii) any claim, cause of action, or administrative or
judicial proceeding brought against ECCTA, its directors, or employees, or for any loss, cost (including
reasonable attorney's fees), damage or liability, sustained or suffered by any person or entity,
including ECCTA.
If the performance of the work outlined by these contract specifications creates any hazardous
wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the
expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator
Number. In no event shall ECCTA be identified as the generator.
February 1, 2016
39
The Contractor shall notify ECCTA of any such hazardous wastes and ECCTA reserves the right to a
copy of the results of any tests conducted on the wastes and, at its cost, to perform additional tests
or examine those wastes, prior to its disposition.
The Contractor shall hold harmless, indemnify and defend ECCTA from any claims arising from the
disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by
Contractor.
Safety
Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable federal, state,
county, and local laws, ordinances, codes, and regulations in performing the work under this contract.
Where any of these are in conflict, the more stringent requirement shall be followed.
The Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions
shall not relieve it from compliance with the obligations and penalties set forth therein.
The Contractor shall develop and maintain for the duration of this contract, a safety and training
program that will effectively incorporate and implement all required safety provisions. The
Contractor shall appoint an employee subject to approval by ECCTA’s CEO who is qualified and
authorized to supervise and enforce compliance with the safety program.
Fair Employment Practices: California State Fair Employment and Housing Act
The Contractor shall comply with the State Fair Employment and Housing Act (California State
Government Code Sections 12900 through 12996), and the regulations promulgated by the California
State Fair Employment and Housing Commission to implement said Act.
The Contractor shall comply with Section 1735 of the California State Labor Code, which reads as
follows:
“No discrimination shall be made in the employment of persons upon public works because of
the race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex of such persons, except as provided in Section 12940 of
the Government Code, and every Contractor for public works in violation this section is
subject to all the penalties imposed for a violation of this chapter.”
February 1, 2016
40
Nondiscrimination
In the performance of the contract, the Contractor agrees that it shall not discriminate against any
employee or applicant for employment because of, race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation or age in any
manner prohibited by law.
For purposes of this article, “sexual orientation” shall mean a preference for heterosexuality,
homosexuality or bisexuality; or having a history of or being identified with, any such preference.
Contractor shall take affirmative action’s to ensure that applicants are hired and that employees are
treated during employment in accordance with this non-discrimination obligation.
Such action shall include, but not be limited to, employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Contractor shall post in
conspicuous places, available to employees and applicants for employment, notices setting forth the
provisions of this article.
Violation of the State Fair Employment and Housing Act
Upon finding a violation of the California State Fair Employment and Housing Act by Contractor, or a
finding in a final judgment by a court of competent jurisdiction in an action to which Contractor is a
party, that Contractor has unlawfully discriminated against any employee or applicant for
employment, ECCTA will notify Contractor that unless it demonstrates to the satisfaction of ECCTA
within a stated period that the violation has been corrected, Contractor’s right to proceed with the
work may be suspended or terminated, in whole or in part. ECCTA will deem a finding of violation of
the California State Fair Employment and Housing Act to have occurred in performance of this
contract upon receipt of written notice from the California State Fair Employment and Housing
Commission that it has investigated and determined that Contractor has violated this act in
performance of this contract, and that said Commission has issued a final order under California State
Government Code Section 12970 or obtained a final judgment under California State Government
Code Section 12973; provided, however, that for purposes of this Fair Employment Practices Article, a
judgment, order or injunction shall not be considered final: (a) if, and for the period that, the same is
stayed or subject to further administrative or judicial review, or (b) if the same is vacated, reversed or
set aside in whole or in substantial part as a result of subsequent administrative or judicial
proceedings.
Governing Law
California law shall govern all matters arising under the agreement.
February 1, 2016
41
Section 5
SPECIAL
CONDITIONS
February 1, 2016
42
SPECIAL CONDITIONS
Proposal Prices
The price(s) quoted on the price proposal form shall remain firm during the entire term of the
contract. All blank spaces that call for a price must be completed with an amount that reflects all
costs required to perform the specified work and services. This includes insurance, materials,
equipment, overhead, profit, labor, and all other charges that may be incurred by proposer in
rendering the service called for under this contract. The price shall also include all applicable federal,
state, and local taxes.
The proposal form represents ECCTA’s best estimate of its requirements for such services for a four
year period with three optional two year extensions. This estimate is based on past experience and is
provided to give each proposer a reliable assessment of ECCTA’s requirements.
Subcontracting and Delegation
Subcontracting will not be permitted for any services nor delegating any duties to be performed by
the Contractor under this agreement without prior written approval from ECCTA’s CEO. Otherwise,
the Contractor will be required to perform, with its own organization, one hundred percent of the
service that the Contractor will provide under the contract.
If subcontracting is approved in writing by ECCTA, the Contractor shall be responsible for
management, direction, design, integration, scheduling, control, review, and approval of all
subcontracted work and services. Moreover, the Contractor shall be responsible for assuring that all
subcontracted work is in conformance with ECCTA’s policies, standards, and criteria.
Experience of Proposers
It is the intention of ECCTA to award a contract, if at all, to the proposer who demonstrates attributes
of trustworthiness, as well as quality, fitness, capacity and experience to enable it to prosecute the
work successfully and properly.
To determine the degree of responsibility to be credited to the proposer, ECCTA will weigh any
evidence that the proposer has performed satisfactorily other contracts of like nature and magnitude,
and comparable difficulty.
ECCTA will also weigh any evidence that the proposer has performed unsatisfactorily other contracts
of like nature and magnitude, and comparable difficulty. ECCTA shall have sole discretion to
determine what contracts are of like nature and magnitude, and comparable difficulty.
February 1, 2016
43
Contract Term
The term of this contract is for one four year period plus three optional two year extensions.
Payment and Invoicing
Monthly invoices shall be paid to the Contractor within twenty (20) days of the CEO’s final approval of
the invoice.
All invoices should be sent to:
801 Wilbur Avenue
Antioch, Ca 94509
Program Diversity for Contracts
ECCTA, recipient of federal financial assistance from the Federal Transit Administration (FTA) and the
Federal Highway Administration (FHWA), is committed to and has adopted a Diversity Program for
contracts in accordance with federal regulations 49 CFR Part 26, issued by the U.S. Department of
Transportation (U.S.DOT).
It is the policy of ECCTA to ensure nondiscrimination in the award and administration of all contracts
and to create a level playing field on which Disadvantaged Business Enterprises (DBE’s) can compete
fairly for contracts and subcontracts relating to ECCTA’s construction, procurement, and professional
services activities.
To this end, ECCTA has developed procedures to remove barriers to DBE participation in the bid,
bidding and award processes and to assist DBE’s to develop and compete successfully outside of the
DBE Program. In connection with the performance of this contract, the Contractor will cooperate
with ECCTA in meeting these commitments and objectives.
Pursuant to 49 CFR Section 26.13 and as a material term of any agreement with ECCTA, the
Contractor hereby makes the following assurances and agrees to include this assurance in any
agreements it makes with Contractors 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 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 U.S. DOT-assisted contracts. Failure by the
February 1, 2016
44
Contractor or subcontractor these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy, as ECCTA deems
appropriate.”
Any Contractor who would like to request additional information or ask questions regarding ECCTA’s
DBE Program may contact Steve Ponte, Chief Operating Officer, 801 Wilbur Avenue, Antioch, CA
94509, telephone (925) 754-6622.
Prompt Payment to Subcontractors
In accordance with ECCTA’s DBE Program, the Contractor shall pay any subcontractors approved by
ECCTA for work that has been satisfactorily performed no later than ten (10) days from the date of
Contractor’s receipt of payments from ECCTA. Within ten (10) days of satisfactory completion of all
work required of the subcontractor, the Contractor shall release to the subcontractor any retainage
payments withheld.
Any delay or postponement of payment to subcontractors for satisfactory work performance may
take place only for good cause and with ECCTA’s prior written approval. If the Contractor determines
the work of the subcontractor to be unsatisfactory, it must notify ECCTA immediately in writing and
state the reasons.
If the Contractor fails or refuses to comply with requirements of this prompt payment clause, ECCTA
will issue an order stopping all or part of the payment or work until satisfactory action is taken. If the
Contractor still fails to comply, ECCTA may issue a termination for default proceeding.
Compliance with Section 5333(b) of Title 49U.S. Code (formerly Section 13-(c) of the
Urban Mass Transportation Act)
Proposers are hereby notified that ECCTA receives federal mass transit funds and that under Section
5333(b) of Title 49 U.S. Code (formerly Section 13-(c) of the Urban Mass Transportation Act), it must
protect covered mass transit employees affected by any project that ECCTA initiates using federal
mass transit money. Further information regarding Section 13-(c) is contained in the Agreement. A
copy of ECCTA’s 13-(c) Agreement is available upon request.
February 1, 2016
45
Compliance with California Labor Code Sections 1070-et seq.
Contractor shall be responsible for full compliance with California Labor Code Section 1070, et. seq.
Proposers agreeing to retain the qualifying employees of the prior Contractor (First Transit Inc.) for a
period of not less than 90 days shall receive a 10 percent preference.
Pursuant to the law, the Proposer must declare in its proposal whether or not it will retain the
employees (as defined by California Labor Code Section 1071 (d) and 1072 (2)) of the prior Contractor
for a period of at least 90 days.
If the successful Contractor declares it will retain such employees, it will be responsible for the duties
and obligations provided in California Labor Code Section 1072, including making a written offer of
employment to each employee to be retained. In the event fewer employees are necessary under
the new contract, such a Contractor must retain qualified employees by seniority within the job
classification. Nothing in the California Labor Code Section 1070 et seq. requires the Contractor to
pay the same wages or offer the same level of benefits provided by the prior Contractor. The
successful Contractor will also be subject to the enforcement provisions of California Labor Code
Section 1073 for any violations of this law.
ECCTA has asked the prior Contractor (First Transit Inc.) to provide it with the number of employees
who are performing services under the existing contract and the wage rates, benefits, and job
classifications of those employees. ECCTA has also asked First Transit to make this information
available to any entity that ECCTA identifies as a bona fide proposer.
Additionally, ECCTA has asked the prior Contractor (First Transit Inc.) to provide to the successful
contactor within three working days after the contract has been awarded the name, address, date of
hire, wage, benefit level, and job classification of each employee employed at ECCTA’s location.
ECCTA shall notify the prior Contractor of the identity of the successful Contractor as soon as
practicable to facilitate the transfer of this information.
Contractor shall be responsible for defending, and shall hold ECCTA harmless from any claims or
controversies alleging any violation or breach of Labor Code Section 1070, et seq. whether made by
Contractor’s own employees or employees of the prior Contractor.
February 1, 2016
46
ECCTA’s Bus Fleet
ECCTA owns and maintains all buses that are required to operate the service:
Fixed Route Vehicles
Size
Year
Manufacturer
40’
40’
40’
45’
45’
2013
2009
2001
2000
2002
Gillig
Gillig
Gillig
MCI
MCI
Paratransit Vehicles
Size
Year
Manufacturer
23’
25’
minivan
2011
2010
2015
Ford
Ford
Dodge
Support Vehicles for use by Contractor
Year
2010
2011
Seating
Capacity
36
36
44
54
52
Wheelchair
Access
Ramp
Ramp
lift
lift
lift
TOTAL
Number of
Vehicles
25
8
20
5
4
62
Seating
Capacity
12
16
3
Wheelchair
Access
lift
Lift
Ramp
TOTAL
Number of
Vehicles
23
1
6
30
Vehicle
Number of Vehicles
Chevrolet Aveo (driver exchange vehicles)
Ford paratransit (road supervisor vehicle)
TOTAL
6
2
8
Support Vehicles for use by ECCTA employees only (to be insured by Contractor)
Year
Vehicle
Number of Vehicles
2010
2011
2011
February 1, 2016
Dodge Grand Caravan
Ford F-550 Shop Truck
Ford F-550 Shelter Cleaning Truck
TOTAL
2
1
1
4
47
ECCTA’s Maintenance, Operations, and Administration Facility
ECCTA’s facility is located at 801 Wilbur Avenue, Antioch, California with a bus parking lot located at
1001 Wilbur Avenue. This facility was constructed in 1987 and expanded in 2003. The bus parking lot
at 1001 Wilbur was constructed in 2003. The facility includes administration offices, operations
offices, a dispatch area, driver’s room, classroom space, maintenance bays and stores, fuel island,
mechanical bus washer, security system, parking for all ECCTA vehicles and employees, and other
amenities. The selected Contractor will operate from this facility.
ECCTA’S Operations
ECCTA estimates that its public transit service will operate the following revenue vehicle miles and
revenue vehicle hours:
Projected Revenue Miles (gate to gate)
FY 2016-17
FY 2017-18
FY 2018-19
FY 2019-20
FY 2020-21
FY 2021-22
FY 2022-23
FY 2023-24
FY 2024-25
FY 2025-26
Fixed Route
Paratransit
Total
2,700,000
2,700,000
2,700,000
2,700,000
2,700,000
2,700,000
2,700,000
2,700,000
2,700,000
2,700,000
900,000
900,000
900,000
900,000
900,000
900,000
900,000
900,000
900,000
900,000
3,600,000
3,600,000
3,600,000
3,600,000
3,600,000
3,600,000
3,600,000
3,600,000
3,600,000
3,600,000
Fixed Route
Paratransit
Total
169,000
169,000
169,000
169,000
169,000
169,000
169,000
169,000
169,000
169,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
242,000
242,000
242,000
242,000
242,000
242,000
242,000
242,000
242,000
242,000
Projected Revenue Hours (gate to gate)
FY 2016-17
FY 2017-18
FY 2018-19
FY 2019-20
FY 2020-21
FY 2021-22
FY 2022-23
FY 2023-24
FY 2024-25
FY 2025-26
February 1, 2016
48
ECCTA’s Service Characteristics
ECCTA currently provides the following fixed route service:
number of routes/
span of service
Monday – Friday
Saturday
Weekend & Holiday 1
13 routes
3:14am– 1:14am
4 routes
5:23am – 1:12am
4 routes
6:23am – 1:12am
ECCTA currently provides the following commuter route service:
number of routes/
span of service
Monday – Friday
Saturday
Weekend & Holiday 2
4 routes
4:15 am-1:04 am
No service
No service
ECCTA currently provides the following special event service:
Service
Description
Pittsburg Seafood Festival
scheduled shuttle service
ECCTA also provides paratransit service to persons with disabilities in accordance with the Americans
with Disabilities Act during the hours of operations of Fixed Route services, non-ADA paratransit
service to all 225 square miles Monday through Friday from 6:00 AM to 6:00 PM and Saturday from
10:00 AM to 6:00 PM, and Medi-Cal service is offered to eligible individuals 7 days a week. Non-ADA
service does not operate on Sundays and holidays.
1
Service holidays are: New Year’s Day (actual & observed), Martin Luther Day, Presidents Day, Memorial Day, Independence Day
(actual & observed), Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day (actual & observed)
February 1, 2016
49
Clean Air Requirements
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. Section 7401, et. seq. The Contractor agrees to report
each violation to ECCTA and understands and agrees that ECCTA will, in turn, report each violation as
required to assure notification to the FTA and the appropriate EPA regional office.
The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in part or in whole with federal assistance provided by the FTA.
Energy Conservation
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency,
which are contained in the state energy conservation plan issued in compliance with the federal
Energy Policy and Conservation Act.
Clean Water Requirements
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees
to report each violation to ECCTA and understands and agrees that ECCTA will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA regional office. The
Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in part or in whole with federal assistance provided by the FTA.
Recycled Products Requirements
The Contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the
procurement of the items designated in Subpart B of 40 CFR Part 247.
February 1, 2016
50
Privacy Act
The following requirements apply to Contractor and any of its employees that may administer any
system of record on behalf of the federal government under any contract:
The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirement of the Privacy Act of 1974, U.S.C.
Section 552a.
Among other things, the Contractor agrees to obtain the express consent of the federal
government before the Contractor or its employees are a system of record on behalf of the
federal government. The Contractor understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
The Contractor also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
federal assistance provided by the FTA.
Civil Right Requirements
Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. Section
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. Section 6102,
Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and federal
transit law at 49 U.S.C. Section 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age, or
disability.
In addition, the Contractor agrees to comply with applicable federal implementing regulations and
other implementing requirements FTA may issue.
Equal Employment Opportunity. The following equal employment opportunity requirements apply to
this contract:
Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. Section 2000e and federal transit laws at 49 U.S.C. Section5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S. Department
of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order No. 113 75, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. Section 2000e note),
February 1, 2016
51
and with any applicable federal statutes, executive orders, regulations, and federal policies that may
in the future affect construction activities undertaken in the course of the project.
During the performance of this contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, national origin, sex or age. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin.
b. Such action shall include, but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
c. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this non-discrimination clause.
d. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
e. The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representative of the Contractor's commitments under
Section 202 of Executive order No. 11246 of September 24, 1965, and shall post copies of the
notices in conspicuous places available to employees and applicants for employment.
f. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
g. The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
h. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
February 1, 2016
52
i.
The Contractor will include the portion of the sentence immediately preceding paragraph (a) and
the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempt
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor. The Contractor will take such action with respect to any sub-contract or purchase
order as the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided however that in the event a Contractor becomes
involved in, or is threatened with litigation with a subcontractor or Contractor as a result of such
direction by the administering agency the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
a) Age In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. Section 623 and federal transit law at 49 U.S.C. Section 5332, the Contractor
agrees to refrain from discrimination against present and prospective employees for reason of
age. In addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
Disabilities In accordance with Section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C Section 12112, the Contractor agrees that it will comply with requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
provisions of the Americans with Disabilities Act," C.F.R. part 1630, pertaining to employment of
persons with disabilities. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
b) Access for Individuals with Disabilities The Recipient agrees to comply with 49 U.S.C. § 5301(d),
which states the Federal policy that elderly individuals and individuals with disabilities have the
same right as other individuals to use public transportation services and facilities, and that special
efforts shall be made in planning and designing those services and facilities to implement
transportation accessibility rights for elderly individuals and individuals with disabilities. The
Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation
Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of
disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101
et seq., which requires that accessible facilities and services be made available to individuals with
disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq.,
which requires that buildings and public accommodations be accessible to individuals with
disabilities. In addition, the Recipient agrees to comply with applicable Federal regulations and
directives and any subsequent amendments thereto, except to the extent the Federal
Government determines otherwise in writing, as follows:

U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"
49 C.F.R. Part 37;
February 1, 2016
53

U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;

Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S.
DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;

U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services," 28 C.F.R. Part 35;

U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;

U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the
Physically Handicapped," 41 C.F.R. Subpart 101-19;

U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;

U.S. Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech
Disabled," 47 C.F.R. Part 64, Subpart F; and

U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards,"
36 C.F.R. Part 1194;

FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609;
and

Federal civil rights and nondiscrimination directives implementing the foregoing
regulations
c) The Contractor also agrees to include these requirements in each subcontract financed in whole
or in part with federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
February 1, 2016
54
FTA Funding Requirement
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between ECCTA and the FTA, as they may be amended or promulgated from time to time during the
term of this Agreement. Contractor’s failure to comply shall constitute a material breach of this
Agreement.
Prohibited Interest
By submitting a proposal, the proposer represents and warrants that to the best of its knowledge that
neither the CEO, nor any director, officer, agent, nor employee of ECCTA, has in any manner any
interest, contractual or non-contractual, financial or otherwise, in this transaction or in the business
of the proposer.
If any such interest comes to the knowledge of the proposer at any time, a full and complete
disclosure of all such information shall be made in writing to ECCTA, even if such interest would not
be considered a conflict of interest under Article IV Division 4 (commencing with Section 1090) or
Division 4.5 (commencing with Section 3600) of the Government Code of the State of California.
No member, officer, or employee of ECCTA or of any of its member jurisdictions during his/her tenure
of office, or for one year thereafter, shall have any interest, direct or indirect, in this contract or the
proceeds therefrom.
No member or a delegate to the Congress of the United States shall be admitted to any share or part
of the contract awarded under this proposal or to any benefits arising therefrom.
a) Contractor understands that its professional responsibility is solely to ECCTA. Contractor
warrants that it presently has no interest, and will not acquire any direct or indirect interest,
that would conflict with its performance of this agreement. Contractor shall not knowingly,
and shall take reasonable steps to ensure that it
does not, employ a person having such an
interest in the performance of this agreement. If Contractor discovers that it has employed a
person with a direct or indirect interest that would conflict with its performance of this
agreement, Contractor shall promptly disclose the relationship to ECCTA and take such action
as ECCTA may direct to remedy the conflict.
b) Contractor (including principals, associates and professional employees) covenants and
represents that it does not now have any investment or interest in real property and shall not
acquire any interest, direct or indirect, in the area covered by this contract or any other
source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Contractor's services hereunder. Contractor further
February 1, 2016
55
covenants and represents that in the performance of its duties hereunder no person having
any such interest shall perform any services under this contract.
c) Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:

Will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and direction
of ECCTA or of any ECCTA official other than normal contract monitoring; and

Possesses no authority with respect to any ECCTA decision beyond the rendition of
information, advice, recommendation or counsel (FPPC Reg. 18700(a)(2)).
No Federal Government Obligation to Third Parties
ECCTA and Contractor acknowledge and agree that, notwithstanding any concurrence by the federal
government in or approval of the solicitation or award of the underlying agreement, absent the
express written consent by the federal government, the federal government is not a party to this
agreement and shall not be subject to any obligations or liabilities to ECCTA, Contractor, or any other
party (whether or not a party to that agreement) pertaining to any matter resulting from the
underlying agreement.
The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R. Part 31, apply to its actions pertaining to this project. Upon execution of the underlying
agreement, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has
made, it makes, it may make, or causes to be made, pertaining to the underlying agreement or the
FTA assisted project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification, the federal government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
Contractor to the extent the federal government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the federal government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally
February 1, 2016
56
awarded by FTA under the authority of 49 U.S.C. § 5307, the federal government reserves the right to
impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent
the federal government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
Cost and Pricing Data
Prior to award of a contract resulting from this solicitation, the Contractor shall furnish, if required by
ECCTA, in accordance with the provisions of 15.403-4 of the Federal Acquisition Regulation (FAR),
cost or pricing data and the certificate of current cost or pricing data as set forth in FAR 15.406-2.
Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures, and
directives, including without limitation, those listed directly or by reference in the master agreement
between ECCTA and the FTA, as they may be amended or promulgated from time to time during the
term of this contract. Contractor's failure to so comply shall constitute a material breach of this
agreement.
Records/Audit
The Contractor and its subcontractors shall establish and maintain complete records pertaining to the
contract. The Contractor and subcontractors accounting systems shall conform to generally accepted
accounting principles and all records shall provide a breakdown of total costs charged under the
contract, including properly executed payrolls, time records, invoices and vouchers.
The Contractor shall permit ECCTA and its authorized representatives to inspect and examine
Contractor's books, records, accounts, and any and all data relevant to the contract at any reasonable
time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor
pursuant to the contract and shall provide such assistance as may be reasonably required in the
course of such inspection.
The Contractor shall not dispose of, destroy, alter, or mutilate said books, records, accounts, and data
for seven years after the termination of the contract. ECCTA reserves the right to examine and reexamine said books, records, accounts, and data during the seven year period following the
termination of the contract. In addition, pursuant to California Government Code, the parties to the
contract shall be subject to the examination and audit by a representative of the Auditor General of
the State of California for a period of three years after final payment under the contract.
February 1, 2016
57
The examination and audit shall be confined to those matters connected with the performance of this
contract including, but not limited to, the cost of administering the contract.
Rights in Data and Copyrights
The term “subject data” used in this section means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under this contract. The term includes
graphic or pictorial delineation in media such as drawings, or photographs; text in specifications or
related performance or design-type documents; machine forms such as punched cards, magnetic
tape, or computer memory printouts; and information retained in computer memory. Examples
include, but are not limited to: computer software, engineering drawings, and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and
related information. The term does not include financial reports, cost analyses, and similar
information incidental to project administration.
Federal restrictions: The following restrictions apply to all subject data first produced in the
performance of this contract:

Except for its own internal use, the Contractor may not publish or reproduce subject data in
whole or in part, or in any manner or form, nor may the Contractor authorize others to do so,
without the written consent of the government, until such time as the government may have
either released or approve the release of such data to the public.

Federal Rights in Data and Copyrights: In accordance with 49 C.F.R. Section 18.34 and 49 C.F.R.
Section 19-36, the government reserves a royalty-free, non-exclusive and irrevocable license to
produce, publish or otherwise use, and to authorize others to use, for federal government
purposes:

Any subject data developed under the grant, or under cooperative agreement, or under a third
party contract or subcontract, irrespective of whether or not a copyright has been obtained, and

Any rights to copyright to which the Contractor purchases ownership with federal assistance.

Special federal rights for planning, research and development projects.
Hold Harmless: Unless prohibited by state law, the Contractor agrees to indemnify, save and hold
harmless ECCTA, the government, its officers, agents, and employees acting within the scope of their
official duties against any liability, including costs and expenses, resulting from any willful or
intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out
of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under
this contract. The Contractor shall not be required to indemnify the government for any such liability
arising out of the wrongful acts of employees or agents of the government.
February 1, 2016
58
Restriction on access to patent rights: Nothing contained in this section on rights in data shall imply a
license to government under any patent or be construed as affecting the scope of any license or
other right otherwise granted to the government under any patent.
Application to material incorporated into the contract: The requirements of above paragraphs do not
apply to material furnished to the Contractor by the government and incorporated in the work
carried out under the contract; provided that such incorporated material is identified by the
Contractor at the time of delivery of such work.
Disclosure of Governmental Positions
Depending on the nature of the work performed, a Contractor to ECCTA may be subject to the same
conflict of interest prohibitions established by the Federal Transit Administration and California law
(California Government Code, Section 1090 et seq.) that govern ECCTA employees and officers. In
order to analyze possible conflicts that might prevent a Contractor from acting on behalf of ECCTA or
other governmental agency prior to contract award, ECCTA requires that all potential participants
disclose in their proposals any positions that they hold as director, officer, Contractor, or employee of
any governmental agency. Additional disclosure may be required prior to contract award or during
the term of the contract. Responses will be kept confidential to the extent permitted by law.
Therefore, each proposer should complete and submit with proposal documents the, "Disclosure of
Governmental Positions Form" in Section 8 of this RFP, whether or not any owner or employee of the
firm currently hold positions as directors, officers, Contractors, or employees of a governmental
agency or have held such positions in the past twelve months.
Provisions for Fair Employment Practices
Contractor shall include, and shall cause all subcontractors to include, the provision of California's Fair
Employment Practices Article in every subcontract entered into, related to this contract. Proposer
shall complete and submit with proposal documents the, "Fair Employment Practices Certificate"
form in Section 8 of this RFP.
Certification of Eligibility
By entering into this contract, the Bidder certifies that neither it (nor he or she) or any person or firm
who has an interest in the Bidder’s firm is a person or firm ineligible to be awarded government
contracts by virtue of Section 3A of the Davis-Bacon Act or 29 CFR Section 5.12 (a)(1).
Proposers shall complete and submit with proposal documents the, “Certification of Eligibility” form
in Section 8 of this RFP.
February 1, 2016
59
No part of this contract shall be subcontracted to any person or firm ineligible for award of a
government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR Section 5.12(a)(1).
The penalty for making false statements is prescribed in the U.S. Criminal Code, 8 U.S.C. Section 1001.
Certification Regarding Debarment and Suspension
Contractor is required to verify that none of the Contractor, its principals, as defined at 2 CFR
180.905, or affiliates, as defined at 2 CFR 180.995, are excluded or disqualified as defined at 2 CFR
180.940 and 180.935. For this purpose, the proposer must complete and submit with proposal
documents the, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion," form in Section 8 of this RFP. Contractor also agrees to include this provision in any
subcontract exceeding $100,000 and to obtain a similar certification from any subcontractor seeking
a subcontract exceeding $100,000 and forward the certification to ECCTA.
Certification Regarding Lobbying
Contractor shall complete and submit with proposal documents the certification required by 49 CFR
part 20, "New Restrictions on Lobbying" form in Section 9 of this IFB. Contractors shall certify 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. Section 1352.
Contractor shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995
who has made lobbying contact on its behalf with non-federal funds with respect that federal
contract, grant or award covered by 31 U.S.C. Section 1352. Such disclosures shall be forwarded to
ECCTA. Contractor shall ensure that all of its subcontractors under this contract shall certify the
same.
Proposer shall complete and submit with proposal documents the, "Lobbying Certification for
Contracts, Grants, Loans and Cooperative Agreements”" form in Section 8 of this RFP.
February 1, 2016
60
Incorporation of Federal Transit Administration (FTA) Terms
All contractual provisions required by DOT, as set forth in FTA circular 4220.1F, dated April 14, 2009,
whether or not expressly set forth in the contract provisions herein, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this contract
document. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with
any ECCTA requests, which would cause ECCTA to be in violation of the FTA terms and conditions.
Proposer shall complete and submit with proposal documents the, "Incorporation of Federal Transit
Administration (FTA) Terms" form in Section 8 of this RFP.
Affidavit Concerning Conflicts of Interest and Non-Competitive Practices
Proposers shall complete and submit with proposal documents the “Affidavit Concerning Conflicts of
Interest and Non-Competitive Practices” form in Section 8 of this RFP.
Fly America Requirements
The Contractor agrees to comply with 49 U.S.C. Section §40118 (the “Fly America Act”) in accordance
with the General Services Administration’s regulations at 41 CFR Part 301.10, which provide that
recipients and sub recipients of federal funds and their Contractors are required to use U.S. Flag air
carriers for U.S. Government-financed international air travel and transportation of their personal
effects or property, to the extent such service is available, unless travel by foreign air carrier is a
matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air
carrier was used, an appropriate certification or memorandum adequately explaining why service by a
U.S. Flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in
any event, provide a certificate of compliance with the Fly America requirements. The Contractor
agrees to include the requirements of this section in all subcontracts that may involve international air
transportation. Proposers shall complete and submit with proposal documents the,” Fly America” form
in Section 8 of this RFP.
February 1, 2016
61
Buy America Requirements
In accordance with Section 165 of the Surface Transportation Assistance Act of 1982, P.L. 97-424,
January 6, 1983, and its implementing regulations at 49 CFR Part 661, certain federal funds may not be
obligated for mass transportation projects unless steel, iron, and manufactured products used in such
projects are produced in the United States. There are four exceptions to this basic requirement: (1) if
its application is not in the public interest; (2) if materials and products being procured are not
produced in the United States in sufficient and reasonable available quantities and of a satisfactory
quality; (3) in the case of the procurement of rolling stock, if the cost of components which are
produced in the United States is more than 60 percent of the cost of all components, and if final
assembly takes place in the United States; or (4) if the inclusion of domestic material will increase the
cost of the overall project contract by more than 25 percent.
For a proposal response to be considered complete, each Bidder must complete and submit with
proposal the portion of the Buy America Certificate that is applicable to it and submit this certificate
with the IFB documents. Proposer shall complete and submit with proposal documents the, "Buy
America" form in Section 8 of this RFP. On the certificate, each Contractor will indicate whether it can
comply with the general requirements or whether it may qualify for one of the specified exceptions.
Proposers are advised to review the specific Buy America requirements contained in the regulations at
49 CFR part 661.
Cargo Preference Requirements
The Proposer agrees: (a) to use privately owned United States Flag commercial vessels to ship at least
50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the
underlying contract by ocean vessels to the extent such vessels; (b) to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30 working
days following the date of loading for shipments originating outside the United States, a legible copy of
a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in
the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime
Administration, Washington, DC 20590 and to ECCTA (through the Bidder in the case of a
subcontractors bill-of-lading): and (c) to include these requirements in all subcontracts issued
pursuant to this contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel. Proposers shall complete and submit with proposal documents the,
"Cargo Preference-Use of United States Flag Vessels" form in Section 8 of this RFP.
February 1, 2016
62
Non Collusion Affidavit
Proposers shall complete and submit with proposal documents the certification regarding “Non
Collusion Affidavit” form in Section 8 of this RFP.
Certification Concerning Control of Employee of Contractor
Proposers shall complete and submit with proposal documents the, "Certification Concerning Control of
Employee of Contractor" form in Section 8 of this RFP.
Certification Regarding Workers’ Compensation
Proposers shall complete and submit with proposal documents the, “Certification Regarding Workers’
Compensation” form in Section 8 of this RFP.
Americans with Disabilities Act
Proposers shall complete and submit with proposal documents the, “Americans with Disabilities Act”
form in Section 8 of this RFP.
Drug Free Workplace Certification
Proposers shall complete and submit with proposal documents the, “Drug Free Workplace
Certification” form in Section 8 of this RFP.
February 1, 2016
63
Section 6
SCOPE
OF WORK
February 1, 2016
64
SCOPE OF WORK
Overview
This Scope of Work contains technical specifications concerning work to be performed by an
independent Contractor upon entering into a contract together with ECCTA. Proposers are instructed
to review the requirements outlined herein, and to prepare proposals which respond as indicated in
the Request for Proposals, referencing the Scope of Work as appropriate. This Scope of Work is one of
the “Contract Documents” i.e., a part of the “Contract” between the awarded contractor and ECCTA.
The Scope of Work contains three sections:
•
•
•
Section I describes the role of ECCTA.
Section II identifies the minimum level of performance required of the Contractor in the area of
transit operation.
Section III identifies service performance standards and incentives
Section I: Role of ECCTA
ECCTA will establish policies and procedures for the provision of fixed route and paratransit bus
service. ECCTA shall provide vehicles furnished with mobile radio units, fareboxes, decals and logos,
vehicle licenses, operating facility, system marketing and marketing literature, passes, tickets and
transfers, and vehicle maintenance. ECCTA will provide route and schedule planning and will conduct
all necessary public hearings. Attachment 1 of the Scope of Work lists all items and services provided
by ECCTA.
February 1, 2016
65
Section II: Role of Contractor
The Contractor will:
a. Work under the direction of the ECCTA Chief Executive Officer (CEO) for all day-to-day operations
and other tasks as assigned. The Chief Executive Officer is the Contract Manager for Tri Delta
Transit and as such plays a critical role in the operations and management of the ECCTA system.
b. Provide fixed route and paratransit services.
c. Meet all operations requirements.
d. Meet all performance and safety standards.
e. Provide qualified personnel having management, operation, and technical expertise necessary to
operate Tri Delta Transit
f. Provide corporate support to local management staff including technical assistance in service
planning, maintenance, safety and training, human resources and general operations to ensure
compliance with contract requirements and federal, state and local laws.
g. Meet employee hiring and training standards as specified.
h. Supervise operations of fixed route and paratransit services.
i.
Comply and/or assist with Automatic Vehicle Location (AVL) system maintenance and monitoring.
j.
Comply and/or assist with the ECCTA’s monitoring and auditing programs including, but not
necessarily limited to Section 15 data collections process, and Federal Transportation Authority
(FTA) program reporting, including but not limited to Title VI, drug and alcohol, and DBE. Provide
information, as directed by the ECCTA, necessary for meeting FTA’s reporting requirements. Data
for National Transportation Database (NTD) reporting is required in Excel format, on a monthly
basis.
k. Assist with additional ECCTA transit data collection projects, including origin-destination and
other ridership and customer satisfaction surveys that may be periodically undertaken.
l.
Attend scheduled weekly, monthly, and special meetings with ECCTA staff.
m. Assist ECCTA staff in development and implementation of management direction and standards
for the day-to-day administration of ECCTA.
n. Respond promptly and precisely to the CEO or designee’s requests for information.
February 1, 2016
66
o. Promptly notify ECCTA of any deficiencies in facilities and/or revenue vehicles, or in proposed
fixed routes, paratransit, services expansions, alterations, and/or service reductions.
p. File operating, financial, and performance reports and invoices monthly, in order to allow the
ECCTA to review the content or incorporate the data into reports and plans as appropriate for
delivery to the final users on time. File an annual report, encompassing monthly operating,
financial, and performance reports. The proposal response must include a sample monthly report
and a sample annual report. The actual monthly and annual report formats will be developed
cooperatively with the awarded Contractor.
q. Investigate accidents/vehicle crashes and unsafe practices immediately. Cooperate with police
and/or other law enforcement agencies in their investigations, as necessary and appropriate.
Immediately report by phone, to the CEO or designee, any vehicle crashes (including passenger
accidents/vehicle crashes), any other non-routine event or any operational deviation. A written
report shall follow within 24 hours. The proposal response must include a sample accident
report and a sample incident report. The actual accident and incident report formats will be
developed cooperatively with the awarded Contractor.
r. Provide the services in compliance with all federal and state Environmental Protection Agency
(EPA) requirements. The Contractor will take whatever measures are necessary to prevent fuel
spills or other environmental mishaps and be responsible for any clean up at the Contractor’s
facility or on the routes operated by the Contractor.
s. Provide insurance coverage as required.
t. Cooperate with law enforcement agencies.
u. Refer all ECCTA-related media inquiries to the CEO, and cooperate in providing public information
through ECCTA.
v. Comply with the finally approved Corporate Support and Management Plan, Staffing Plan, and
Work Plan, and obtain ECCTA approval for all changes.
w. To comply with California Highway Patrol requirements, provide two stickers per revenue vehicle
indicating:
a. Operated By:_____________________
b. CA#
c. CPUC#
ECCTA maintenance staff will install the stickers.
February 1, 2016
67
Management, Staffing and Responsibility
a. In addition to drivers, the Contractor shall employ and train other persons as may be necessary to
enable the Contractor to perform the services outlined herein. The Contractor is responsible for
all personnel, whether employed directly by the Contractor, or made available through
subcontracts, and for performing all necessary supervision, management and coordination of
their efforts.
b. The Contractor shall pay the wages and benefits of additional personnel and shall cause the
withholdings to be made as required in the performance of this contract. Without additional
expense to ECCTA, the Contractor shall comply with the requirements of employee liability,
worker’s compensation, employment insurance, and social security. The Contractor shall hold
ECCTA harmless from any liability, damages, claims, costs, and expenses of any nature arising
from alleged violations of personnel practices.
c. The Contractor shall be the employer of those employees necessary for the operation of the
transit system.
d. Contractor personnel shall follow all federal, state, and local laws and regulations, policies and
related administrative practices applicable to any resulting contract. The most recent of such
regulations will govern the administration of any resulting contract at any particular time. Federal
requirements may change during the term of the contract, and the change requirements shall
apply to the work performed at ECCTA, as required.
e. ECCTA reserves the right to demand removal of any personnel from any ECCTA facility, for
reasonable cause, that the ECCTA deems unsuitable for service without liability to ECCTA. The
Contractor shall notify and receive ECCTA approval in advance of all new key personnel hires or
reassignments.
February 1, 2016
68
Contractor Service Provision
Level of Service
The Contractor shall be responsible for the provision of the services required by recruiting, hiring and
supervising qualified drivers, supervisors, and other management personnel necessary to operate the
miles, hours and type of services called for under this RFP.
The Contractor shall be responsible for all relief operators. The Contractor shall ensure that all
services will be continued in a manner acceptable to ECCTA, with no disruption in services.
Operating Policies
The Contractor shall perform all scheduled services subject to ECCTA’s operating standards for service
performance, including but not limited to policies governing: safety and accidents/crashes, customer
service (complaints/observation), missed trips and on-time performance.
Service Level Changes
ECCTA reserves the right to deliver written notice to the Contractor specifying increases, decreases or
other changes in the services set forth herein. Such changes may include, but are not limited to, the
hours and days of operation, the maximum number of vehicles hours to be served each service day,
and the extent of the service area.
Regular Operator and Extra Board Requirements
Regularly assigned operators or a trained back up shall be available and on time to ensure consistent
and reliable service. The Contractor shall be required to maintain an “extra board” of operators to
minimize unscheduled overtime work.
All personnel are responsible for knowledge of the service system design. Contractor personnel shall
maintain a courteous attitude, answering any passenger questions regarding the provision of service.
Personnel shall also report all passenger complaints and operational problems to a supervisor
immediately.
Each operator and supervisor shall appear before the public in neat, well-pressed uniform, which has
been approved by ECCTA. Each operator and supervisor shall also adhere to a code of personal
grooming and hygiene established by the Contractor in conjunction with ECCTA. This code includes
minimum physical capacity standards required to assist passengers in case of emergency.
February 1, 2016
69
Driver Selection and Supervision
The Contractor shall be entirely responsible for the employment and supervision of drivers necessary
to perform system operations. Such responsibilities shall include, although not necessarily be limited
to: driver recruitment, screening, selection, training, supervision, employee relations, evaluation,
retraining, and termination.
The Contractor shall use appropriate driver screening and selection criteria in order to employ drivers
of ECCTA vehicles. These criteria will include, although not necessarily be limited to a Department of
Motor Vehicles license check, criminal record check, and drug and substance abuse testing in
conformance with the United States Department of Transportation regulations.
The Contractor shall be responsible for all applicable labor assignments for fixed route and
paratransit drivers. The composition of the Contractor’s labor assignments shall reflect a balance
between efficient labor utilization and reasonable personnel practices supporting driver longevity of
experience and job commitment.
Drivers shall be in uniform at all times while in service or otherwise on duty. Driver’s uniforms shall
be provided by the Contractor for its employees. Minimum uniform requirements as specified in
paragraph 13, Uniforms, of the Agreement shall be adhered.
The Contractor shall at all times comply with applicable state and federal employment laws, including
Section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964 (PL88-352).
Nothing in this section shall be construed by either the Contractor or ECCTA to be in conflict with the
language and intent of paragraph 10, Control, of the Agreement.
Training of Drivers and Operations Personnel
The Contractor shall develop, implement and maintain a formal training and retraining program for
all drivers in accordance with Federal and State of California laws. The program must provide a fixed
minimum number of hours of training for new employees, including classroom instruction, behindthe-wheel training under supervision of a certified instructor, and in-service training. It will be the
responsibility of the Contractor to train drivers to promote good conduct of passengers on the buses.
Drivers will enforce ECCTA’s rules of conduct. The program must provide formal retraining measures,
including criteria for determining the success of retraining efforts.
The Contractor shall not conduct behind-the-wheel training with vehicles provided by ECCTA while in
revenue service.
February 1, 2016
70
All drivers must complete the Contractor formal training program as approved by ECCTA and be
licensed with a valid California Class B with a Passenger Endorsement operator’s license and a valid
Verification of Transit Training (VTT) card prior to entering revenue service.
Dispatchers and call takers, as well as any other individuals who may from time to time be assigned to
working the fixed route telephone information phone lines, or be assigned to working the paratransit
telephone reservation/information phone lines, shall be trained in proper telephone etiquette and
techniques. Employees will be monitored for courtesy and tact. Refresher training is required. Other
training may be required as different job duties demand.
Drivers Responsibilities
Drivers will, when requested by ECCTA, distribute notices to passengers or otherwise render
assistance in ECCTA’s monitoring and supervising operations.
Drivers will be required to honor special passes, collect tickets and issue and collect transfers as
directed by ECCTA. Drivers will record ridership counts by passenger category on GFI fare boxes
and/or counters provided on the buses.
At all times during operation of any bus in connection with these services, drivers shall have available
a time piece having an accuracy of plus (+) or minus (-) one minute per month and set each day in
accordance with procedures provided by ECCTA to the Contractor.
System Safety
The Contractor shall assume full responsibility for assuring that the safety of passengers, operations
personnel, and ECCTA’s capital assets are maintained at the highest possible level throughout the
duration of the Agreement. The Contractor shall comply with all applicable California Highway Patrol,
OSHA and CPCU requirements.
The Contractor shall develop, implement and maintain a formal safety program approved by ECCTA
which meets or exceeds the minimum responsibilities defined in this section. This program should
include the establishment of a safety committee with a minimum of six annual meetings and periodic
safety meetings, participation of safety organizations, safety incentives offered by the Contractor to
drivers and other employees, and participation in risk management activities under the auspices of
the Contractor’s insurance carrier or other organization.
February 1, 2016
71
Supervision
The Contractor shall provide full time supervisors to monitor drivers and vehicles operating in fixed
route and paratransit services during all hours and days of revenue service. The supervisors will
conduct system monitoring and assist drivers in revenue service. Supervisors shall be in uniform at all
times while in service or otherwise on duty.
The successful Proposer shall submit a supervisor plan to the Chief Executive Officer or her designee.
Deliveries and Distributions
The Contractor shall deliver appropriate schedules and/or packages to outlets throughout the
community as directed by ECCTA.
Contractor shall distribute information to customers prepared and as specified by ECCTA.
Handling Operational Emergencies
The Contractor shall develop, implement, and maintain formal procedures to respond to emergencies
and routine problems which from time to time occur in the course of providing daily public
transportation and paratransit services. Such occurrences to be addressed include, although are not
necessarily limited to:
1.
2.
3.
4.
5.
6.
7.
8.
9.
in-service vehicle failures
fixed route buses operating more than fifteen minutes behind the published schedule
paratransit buses operating more than thirty (30) minutes behind promised schedule
lift failures on buses in service
passenger disturbances
passenger injuries
Contractor employee injuries
vehicle accidents
disputes between Contractor employees
These procedures should be submitted to EECTA as part of the contractor’s proposal.
February 1, 2016
72
Vehicle Scheduling and Dispatching
The Contractor shall be knowledgeable and fully capable of using Trapeze automated scheduling
software system. In addition, the Contractor shall be capable of accommodating both advance
reservation and requests for immediate service and of integrating all demand for service into quality
to levels prescribed in this Scope of Work.
The Contractor shall provide an adequate fixed number of persons to staff the paratransit scheduling
and fixed route vehicle dispatching functions. These persons shall also be responsible for maintaining
radio control with all vehicles in service and for maintaining the daily dispatch log to be proposed by
the Contractor. Scheduling and dispatching personnel shall be trained in professional techniques,
radio protocol, and in cooperation approaches with drivers and passengers. ECCTA shall provide the
Contractor with a mobile radio system for use in paratransit and fixed route vehicle dispatching.
Contractor shall have staff trained and experienced in preparing run-cuts for ECCTA fixed route
service after ECCTA provides the necessary parameters and criteria. Personnel shall be trained as
discussed in this Scope of Work and the performance will be monitored and refresher training will be
offered by the Contractor, as necessary.
Telephone Information and Reservations
ECCTA shall provide telephone equipment and maintenance for use by the Contractor for providing
telephone information and receiving reservations for paratransit services. Contractor shall maintain a
courteous, professional, and composed demeanor during all interactions with the public. Three
incoming lines will be provided for fixed route bus information and four lines for paratransit
reservations. The Contractor shall offer telephone information whenever a bus is in service. The
Contractor shall provide trained personnel to receive incoming telephone calls. Prior to 6:00 a.m. and
after 6:00 p.m., the dispatcher may, at the option of the Contractor, provide telephone information.
Between 6:00 a.m. and 6:00 p.m., adequate customer information staffing shall be provided. The
Contractor shall arrange work shifts which efficiently reflect the volume of incoming telephone calls.
The Contractor shall develop, implement and maintain a daily schedule of labor resources to handle
telephone calls. This schedule shall identify work assignments, specify non-telephone work assigned
concurrently, and work shift times.
February 1, 2016
73
Farebox Revenue Collection and Accounting
1. Fixed Route All farebox revenues collected on vehicles operated in fixed route service are the
property of ECCTA. The Contractor shall make all reasonable efforts to collect fares on behalf of
ECCTA. ECCTA shall provide a fare and transfer policy and shall retain sole option to adjust such
policy. ECCTA shall provide GFI fareboxes, Clipper® equipment and other fareboxes, and the data
collection system.
 The Contractor shall, in accordance with a procedure specified by ECCTA, count and
account for revenues collected on fixed route buses and deposit them into a local bank
account designated by ECCTA for that purpose. (See Attachment 2 of the Scope of Work).
The Contractor shall faithfully deposit farebox revenue into ECCTA’s account not later than
two banking days after the day for which revenues are collected. Clipper® revenues are
the responsibility of ECCTA.
2. Paratransit All ride vouchers and other farebox revenues collected on vehicles operated in
paratransit service shall be the property of ECCTA. ECCTA shall provide a fare and transfer policy
and shall retain sole option to adjust such policy.
 The Contractor shall, in accordance with a procedure specified by ECCTA, count and
account for revenues collected on paratransit buses and deposit them into a local bank
account designated by ECCTA for that purpose.
 (See Attachment 2 of the Scope of Work). ECCTA reserves the right to count revenues
contained in each farebox vault. The Contractor shall faithfully deposit farebox revenue
into ECCTA’s account not later than two banking days after the day for which revenues are
collected.
Operations Reporting
The Contractor shall submit operating data and related information to the specification and
satisfaction of ECCTA. As ECCTA’s needs for data change from time to time, the Contractor shall
assist ECCTA in implementing revised data collection procedures and methods. The Contractor shall
be responsible for accurately completing the forms developed by the Contractor and approved by
ECCTA at the time interval indicated. One original copy of each form shall be provided to ECCTA. The
Contractor shall duplicate forms as necessary for completion and submittal to ECCTA.
Monthly reports, including the Contractor’s invoice, shall be submitted to ECCTA no later than the
tenth (10th) day of the calendar month following the month of service provided.
All reports shall be regarded as supportive documentation of the Contractor’s invoice for payment
and shall be submitted on a timely basis. See Attachment 4 to this Scope of Work.
February 1, 2016
74
Monthly Reports
Monthly reports shall be submitted to ECCTA by the 10th of each month. These reports shall include,
but are not limited to:
• Dispatch log
• Operations statistics report (example included in Attachment 4 of this Scope of Work)
• Fixed route schedule adherence reports (AVL reports)
• Paratransit no-show log and report by service type
• Invoice for services provided
• Management report by Contractor, outlining activities for the month including any unusual
events, incidents, suggestion, etc.
Daily Reports
The following reports shall be submitted to ECCTA on a daily basis, including but not limited to:
• Daily written accident report to include police report, if applicable, within three days of
occurrence (upon occurrence). An oral report shall be made to designated ECCTA staff within
two (2) hours of the accident.
• Daily unusual occurrence report. Serious unusual occurrences shall be reported immediately
• Daily incident report per National Transit Database requirements
• Daily fixed route revenue report
• Daily paratransit revenue report
• Daily vault room tally sheet and deposit slip
• Daily written response to service complaints (upon occurrence)
Insurance
The Contractor shall procure and maintain in full force, insurance at the levels prescribed in
Paragraph 27, Insurance, of the Agreement. The Contractor’s automobile insurance policy shall also
cover ECCTA employees driving ECCTA owned vehicles.
Training Equipment
The Contractor shall provide all training materials.
February 1, 2016
75
Drug and Alcohol Testing
Drug and alcohol testing must be done in compliance with the United States Department of
Transportation regulations. This includes pre-employment, post-accident, random and probable
cause testing. A copy of the Contractor’s drug and alcohol testing policy and program must be
included with the proposal. The Contractor will also be required to submit ongoing reports as
required to ECCTA, the United States Department of Transportation and the Federal Transit
Administration. The Contractor will bear the cost of this program.
Computer Training
The Contractor, at its sole expense, shall provide its employees with computer training of the
software and hardware provided by the Contractor or by ECCTA.
Corporate Support and Interaction
The contract must identify the key corporate personnel that will lend support to the local
management team, including the following:



Organizational relationship (include an organizational chart).
Frequency of interaction and site visits for support in safety, training, customer service and
technology.
Expected role in providing mentoring and training to the local management team.
February 1, 2016
76
Section III: Contract Incentives
Overview
To stimulate and encourage high quality service, various performance standards along with incentives
are incorporated into this contract. ECCTA may take into account a high number of missed incentives
or a high incidence of bonuses achieved in determining whether to exercise contract continuance
and/or future contract extensions.
Monitoring of these standards shall be conducted by ECCTA staff, their agents, and reports submitted
by the Contractor. Various information sources and data collection techniques will be used and may
change as technology changes. Each month ECCTA staff will meet with the Contractor to discuss the
performance of the transit system, including these standards, and to discuss ways in which ECCTA can
help the Contractor improve system performance.
Bonuses will be calculated on a monthly basis and will be paid on the following month’s invoice.
The proposed incentive program could result in a maximum 2%
increase in the contract price.
Although the range of bonuses will remain at these levels throughout the period of the contract, the
standards which are monitored and the range of acceptable limits are subject to revision by mutual
consent of ECCTA staff and the Contractor.
On-Time Performance - On-time arrival and departure – fixed route system
It is the goal of ECCTA that:
• Buses shall arrive at and depart from all designated time points no later than five minutes
after their scheduled time and shall not leave any time point prior to their scheduled
departure time.
• The Contractor shall strive to see that a minimum of 93.01% of all arrivals and departures
from published time points meet this criteria.
• Any trip operating fifteen or more minutes behind its scheduled time shall be considered a
“missed trip”.
ECCTA shall monitor performance using AVL-generated reports.
February 1, 2016
77
As the Contractor attains the following goals, the designated percentage of the monthly billing will be
calculated for payment:
On-Time Performance Level
BONUS
95.01% - 100%
+ one half of one percent (0.50%)
93.01% - 95.00%
+ one quarter of one percent (0.25%)
Missed Trips
A missed trip is a trip that is not completed in its entirety or is more than fifteen (15) minutes late.
Missed Trips
BONUS
0.74% and below
+ one half of one percent (0.50%)
0.99% - 0.75%
Paratransit Productivity
Passenger trips per hour shall be measured as passenger trips completed divided by the revenue
hours (1st pick to last drop, minus lunch) Monday through Friday for paratransit trips only (not to
include MedVan).
Passenger Trips Per Hour
BONUS
2.4 and over
+ one half of one percent (.50%)
2.2 to 2.3
+ one quarter of one percent (.25%)
February 1, 2016
78
Complaints / Observations
This statistic shall be measured per 10,000 customer boarding’s as measured by:
• Monthly counts of documented customer complaints
• Defined as when a customer communicates with the Contractor or ECCTA about a problem or
issue and leaves a name and phone number so it is verifiable (e.g., late bus, rude driver, nonfunctioning air conditioner, etc.)
• As complaints per 10,000 customer boarding’s are received, the following percentage of the
month period shall be calculated for payment:
Complaint % Rate
BONUS
0.30 and below
0.31 - 0.60
+ one tenth of one percent (0.10%)
Phone Call Metrics
The prompt attention to phone calls reflects on the overall efficiency and the customer-centered
philosophy of the operation. Phone calls are monitored by ECCTA and the types of phone calls
handled include:
 Calls presented-average time to answer
 Abandoned calls-average time to abandoned
 Answered calls-average time to answer
In order to earn the bonus, all three types of calls mentioned above must meet the applicable
standard of less than 60 seconds or 90 seconds.
February 1, 2016
Phone Calls Handled
BONUS
Less than 60 seconds
+ one quarter of one percent (.25%)
Less than 90 seconds
+ one tenth of one percent (.10%)
79
Attachment 1:
ECCTA shall provide
the following
February 1, 2016
80
Attachment 1:
ECCTA shall provide the following
Page 1 of 2
1. Transit Vehicles and Related Equipment
• Fixed route transit vehicles
• Paratransit vehicles
• Maintenance of vehicles & attached equipment such as fareboxes, destination signs, and ratio
equipment
• Communication devices
• Mobile data terminals (paratransit)
• Fareboxes (GFI automated and non-automated coin counting machine)
• Electronic destination signs
• Decals and logos for vehicles
• Vehicle licenses
• Non-revenue vehicles (supervisor vans)
• Driver exchange cars
• Fuel for fixed route transit vehicles, paratransit vehicles, driver exchange cars, and supervisor
vans
• AVL/APC systems (fixed route)
• On-board cameras (fixed route and paratransit)
• Zonar (fixed route and paratransit)
• Trapeze and 2G paratransit software
2. Street Equipment
• Bus stop signs, ”L” brackets and poles
• Passenger shelters, benches and schedule holders
• Trash receptacles
• Bus stop maintenance, including trash removal and repair
3. Operating Facility
• Administration, operating and maintenance facility located at 801 and 1001 Wilbur Avenue,
Antioch, California
• Employee parking lot
• Facility security system
• Base station for radios
• Office furniture for operations department
• Computer and software
• Automatic call distribution system
• Photocopier
February 1, 2016
81
Attachment 1:
ECCTA shall provide the following
Page 2 of 2
4. Other Services and Materials
• System marketing, schedule, customer information brochures and other marketing brochures,
transfers, tickets, passes and customized route and stop information at passenger shelters,
etc.
• Lost-and-found service for passengers
• Facility maintenance
• Utilities excluding a $175/month charge for contractor’s telephone extensions
• Employee ID cards and facility security cards (charges will apply for lost or stolen cards)
• ADA certification
• Ticket and pass sales through the mail, over the internet and through ticket outlets in the
community
• Coin counting equipment, bill counting equipment, rubber bands, bill wrappers, money bags
and deposit slips
February 1, 2016
82
Attachment 2:
Cash Fares Account
& Daily Vault
Room Tally Sheet
February 1, 2016
83
Attachment 2:
February 1, 2016
Cash Fares Account & Daily Vault Room Tally Sheet
Page 1 of 2
84
Attachment 2:
February 1, 2016
Cash Fares Account & Daily Vault Room Tally Sheet
Page 2 of 2
85
Attachment 3:
Paratransit Service
Summary Reports
February 1, 2016
86
Attachment 3:
February 1, 2016
Paratransit Service Summary Reports
Page 1 of 3
87
Attachment 3:
February 1, 2016
Page 2 of 3
88
Attachment 3:
February 1, 2016
Page 3 of 3
89
Attachment 4:
Monthly Operating
Statistics
February 1, 2016
90
Attachment 4:
February 1, 2016
Monthly Operating Statistics
Page 1 of 15
91
Attachment 4:
February 1, 2016
Page 2 of 15
92
Attachment 4:
February 1, 2016
Page 3 of 15
93
Attachment 4:
February 1, 2016
Page 4 of 15
94
Attachment 4:
February 1, 2016
Page 5 of 15
95
Attachment 4:
February 1, 2016
Page 6 of 15
96
Attachment 4:
February 1, 2016
Page 7 of 15
97
Attachment 4:
February 1, 2016
Page 8 of 15
98
Attachment 4:
February 1, 2016
Page 9 of 15
99
Attachment 4:
February 1, 2016
Page 10 of 15
100
Attachment 4:
February 1, 2016
Page 11 of 15
101
Attachment 4:
February 1, 2016
Page 12 of 15
102
Attachment 4:
February 1, 2016
Page 13 of 15
103
Attachment 4:
February 1, 2016
Page 14 of 15
104
Attachment 4:
February 1, 2016
Page 15 of 15
105
Section 7
PROPOSAL
FORMS
Form 1 - Proposal Cover Form
Form 2 - Price Proposal Form
February 1, 2016
106
Form 1: Proposal Cover Form
Page 1 of 5
Eastern Contra Costa Transit Authority (ECCTA)
Antioch, CA
DATE SUBMITTED:
NAME OF INDIVIDUAL SUBMITTING PROPOSAL:
CONTACT PERSON:
NAME UNDER WHICH BUSINESS IS CONDUCTED:
STREET ADDRESS:
MAILING ADDRESS, IF DIFFERENT:
TELEPHONE:
FAX:
BUSINESS LICENSE NUMBER:
CONDITIONS:
1. The undersigned understands that he/she will be bound by the Proposal as expressed by these forms if an
award is made by ECCTA. The Contract will be in accordance with this Proposal.
2. The Request for Proposals, Information for Proposers, General Conditions, Scope of Work, Special
Conditions, Required Forms, Required Certifications, and Addenda, if any, are made a part of this Proposal.
February 1, 2016
107
Form 1:
Proposal Cover Form
Page 2 of 5
3. The undersigned understands that any clarification made to the Proposal Form or any new and different
conditions or information submitted in or with the Proposal Form, other than that requested, may render
the Proposer unresponsive.
4. The undersigned acknowledges the receipt of the following Addenda:
_______________________________________
_______________________________________
______________________________________
5. The undersigned understands that ECCTA reserves the right to reject any or all Proposals or to waive any
informality or technicality in any proposal in the interest of ECCTA.
6. The undersigned:
(select one)
_______ declares
_______ does not declare
that the undersigned will retain the employees of the prior Contractor or subcontractor for a period of not
less than 90 days.
7. The undersigned understands that all proposals shall remain in effect for sixty (60) days from the
presentation of the Proposals to the ECCTA Board of Directors.
8. The undersigned certifies that the Proposal includes all costs for labor, materials, taxes, insurance,
overhead, profits, and all other costs necessary to perform the work in accordance with the Contract
Documents.
9. The undersigned will submit five sets of their proposal package. The five sets of the proposal package shall
be placed in a sealed box (marked “Transit System Operations”). The five sets of a proposer’s technical and
price proposal must be submitted as follows:
•
One original proposal with required signatures in ink by an officer of the proposer with the
authority to bind the proposer to the terms of the RFP submitted in separate securely sealed
envelopes marked as follows:
ORIGINAL: TECHNICAL PROPOSAL
ORIGINAL: PRICE PROPOSAL
February 1, 2016
108
Form 1:
Proposal Cover Form
Page 3 of 5
Proposers are warned against making erasures or alterations of any kind without initialing
each and every change. Price Proposal and pricing information are not to be included in the
Technical Proposal.
•
Three sets of copies of the technical and price proposal submitted in separate securely sealed
envelopes marked as follows:
COPY: TECHNICAL PROPOSAL
COPY: PRICE PROPOSAL
•
The two CD’s or two thumb drives submitted in separate securely sealed envelopes marked
as follows:
ELECTRONIC: TECHNICAL PROPOSAL
ELECTRONIC: PRICE PROPOSAL
The sealed box shall, prior to 2:00 pm, local time, on March 25 2016, be delivered to:
Ann Hutcheson
801 Wilbur Avenue
Antioch, CA 94509
SIGNED:
If INDIVIDUAL OR SOLE OWNER OF BUSINESS:
_______________________________________________________
Signature and Printed Name
If PARTNERSHIP OR JOINT VENTURE:
The undersigned certify that we have full and proper authority to sign this Proposal Form.
Partnership or Joint Venture Composed of:
_______________________________________________________
________________________________________________________
Signature, Printed Name, Title, and Company Name
February 1, 2016
109
Form 1:
Proposal Cover Form
Page 4 of 5
Partnerships and Joint Ventures must complete and submit the Power of Attorney form included with
these proposal documents.
If CORPORATION:
The undersigned certify that we sign this Proposal Form with full and proper authorization to do
so. We also have included a fully executed Power of Attorney form identifying the Managing
Sponsor in our Proposal Packet.
________________________________________________________
Signature, Printed Name, and Title
______________________________________________________
Signature, Printed Name, and Title
This Corporation is incorporated under the laws of the State of:
_________________________________________________________
February 1, 2016
110
Form 1:
Proposal Cover Form
Page 5 of 5
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That ________________________ constituting all of the
(general partners/venturers) of the (partnership/joint venture) known as
______________________________________________________________ which is desirous of
entering into a contract with Eastern Contra Costa Transit Authority, do hereby designate and appoint
___________________________ one of the (general partners/venturers) hereinafter called the
“Managing Sponsor,” as their true and lawful attorney with the power, on their behalf and in the name
and on behalf of the (partnership/joint venture), to execute a proposal for and to execute and enter
into RFP #2016-001 with Eastern Contra Costa Transit Authority, and to represent and bind the
undersigned and the (partnership/joint venture), in all matters in connection with such proposal and
contract; and the undersigned specifically acknowledge and agree that the execution of such proposal
or contract by the Managing Sponsor shall constitute the agreement of each (general
partner/venturer) to be jointly and severally liable for any and all of the duties and obligations of the
(partnership/joint venture) arising from such proposal or contract.
IN WITNESS WHEREOF the undersigned have executed this Power of Attorney this ____________ day
of ___________________, 20____.
__________________________________
Company Name
By:
Title:
Subscribed and Sworn to before me
This ______ day of _________, 20_____.
_______________________________
Notary Public in and for State of ___________________________________
residing at _____________________________________________________
February 1, 2016
111
Form 2: Price Proposal Form
Page 1 of 6
Introduction
Proposers shall provide a Price Proposal using he forms set forth in this section for each of the 4 base
years of the Contract Term.
THE PRICE PROPOSAL MUST BE PROVIDED IN A SEPARATE SEALED
ENVELOPE, MARKED “PRICE PROPOSAL”
The Price Proposal shall include:
1. The total proposed price for each year of the Base Contract Term
2. Detailed base and year pricing information comprising:
a) The total price
b) In the format set forth in the price proposal forms
c) Allocated between fixed and variable costs as indicated on those forms
d) All corporate overhead and profit must be clearly identified and itemized.
ECCTA reserves the right, in its discretion, to conduct a cost/price analysis and/or a price
reasonableness analysis of the Price Proposals by internal staff and/or a competent independent third
party.
February 1, 2016
112
Form 2:
Price Proposal Form
Page 2 of 6
DETAILED COST WORKSHEET
VARIABLE COSTS
Operations Direct Labor
Vehicle operators
Vehicle operator overtime
Payroll taxes
Worker's compensation
Paid time off (vacation, holidays, sick)
Medical insurance
Employees welfare including incentives
Other benefits
Operator Direct Labor
DIVIDED BY Projected Annual Service Hours
TOTAL DIRECT OPERATOR LABOR COST PER HOUR
7/1/16-6/30/17
7/1/17-6/30/18
7/1/18-6/30/19
7/1/19-6/30/20
YEAR 1
YEAR 2
YEAR 3
YEAR 4
242,000
242,000
242,000
242,000
242,000
242,000
242,000
242,000
Other Variable Costs
Uniforms
Recruiting
Background and driving records
Drug and alcohol testing
Physicals
Others miscellaneous
SUBTOTAL Other Variable Costs
(A) TOTAL VARIABLE COSTS
DIVIDED BY Projected Annual Service Hours
TOTAL VARIABLE COST PER HOUR
FIXED COSTS
General and Administrative
G & A staff wages
General Manager
Operations Manager
Contact Center wages
Payroll taxes
Medical insurance
Other benefits
SUBTOTAL G&A LABOR W/TAXES and BENEFITS
February 1, 2016
113
Form 2:
Price Proposal Form
Page 3 of 6
Contract General and Administrative
Office supplies
Printing / photocopy
Computer supplies / maintenance
Operations travel
Legal fees
Telephone - mobile
Payroll processing
Seminars / training
Equipment lease / rental
Postage / overnight
Dues and subscriptions
Annual bus rodeo
Safety meetings
Technology Plan/Strategy
Other admin materials or services
SUBTOTAL CONTRACT G & A
Operations Supervision
Safety and training wages
Field supervision wages
Dispatch wages
Payroll taxes
Paid time off (vacation, holiday, sick)
Medical Insurance
Other benefits
SUBTOTAL Operations Supervision
Insurance
Auto liability
General liability
Physical damage
Other insurance
SUBTOTAL INSURANCE
(B) TOTAL CONTRACT FIXED COSTS
CORPORATE OVERHEAD & PROFIT
Corporate overhead
Other corporate charges
Profit
(C) TOTAL CORPORATE OVERHEAD & PROFIT
February 1, 2016
114
Form 2:
Price Proposal Form
Page 4 of 6
SUMMARY COST PROPOSAL
The cost to provide equipment and services listed in the RFP
2016-2017 2017-2018 2018-2019 2019-2020
SUMMARY
YEAR 1
YEAR 2
YEAR 3
YEAR 4
Total Variable Cost
(A) $
-
$
-
$
-
$
-
Total Contract Fixed Cost
(B) $
-
$
-
$
-
$
-
Total Corporate Overhead & Profit
(C) $
-
$
-
$
-
$
-
-
$
-
$
-
$
-
TOTAL ANNUAL COST - Fixed Cost + Variable Cost + Corporate Overhead & Profit (A+B+C) (D)
February 1, 2016
$
115
Form 2:
Price Proposal Form
Page 5 & 6 of 6
TRANSITION & START-UP COST PROPOSAL
Operations Direct Labor
Vehicle operators
Vehicle operator overtime
Payroll taxes
Medical insurance
Other benefits
SUBTOTAL Operator Direct Labor
Start Up Travel
Meals
Relocation
Lodging
Airfare
Car Rental
SUBTOTAL Start-Up Travel
Other Costs
Uniforms
Recruiting
Background and driving records
Drug and alcohol testing
Physicals
Others miscellaneous
SUBTOTAL Other Costs
General and Administrative
G & A staff wages
General Manager
Operations Manager
Contact Center wages
Payroll taxes
Medical insurance
Other benefits
February 1, 2016
116
SUBTOTAL G&A LABOR W/TAXES and BENEFITS
Operations Supervision
Safety and training wages
Field supervision wages
Dispatch wages
Payroll taxes
Paid time off (vacation, holiday, sick)
Medical Insurance
Other benefits
SUBTOTAL Operations Supervision
Contract General and Administrative
Office supplies
Printing / photocopy
Computer supplies / maintenance
Operations travel
Legal fees
Telephone - mobile
Payroll processing
Seminars / training
Equipment lease / rental
Postage / overnight
Dues and subscriptions
Safety meetings
Technology Plan/Strategy
Other admin materials or services
SUBTOTAL CONTRACT G & A
Insurance
Auto liability
General liability
Physical damage
Other insurance
SUBTOTAL INSURANCE
TOTAL TRANSITION & START-UP COST
February 1, 2016
117
Section 8
REQUIRED
CERTIFICATIONS
February 1, 2016
118
All forms must be properly signed and notarized (as required) and returned with the Technical
Proposal.
 Fair Employment Practices Certificate
 Non Collusion Affidavit
 Certification Concerning Control of Employee of Contractor
 Certification Regarding Workers’ Compensation
 Incorporation of Federal Transit Administration (FTA) Terms
 Certification of Eligibility
 Lobbying Certification for Contracts, Grants, Loans and Cooperative Agreements
 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
 Disclosure of Governmental Positions
 Affidavit Concerning Conflicts of Interest and Non Competitive Practices
 Americans With Disabilities Act
 Drug Free Workplace Certification
 Fly America Requirements
 Cargo Preference-Use of United States Flag Vessels
 Buy America Certificate
February 1, 2016
119
Fair Employment Practices Certificate
In connection with the performance of work under this Agreement, the Proposer agrees as follows:
1. The Proposer shall comply with the State Fair Employment and Housing Act (Gov't Code § 12900
et seq.), and the regulations promulgated by the State Fair Employment and Housing Commission
to implement said Act.
2. In the performance of the Agreement, Proposer agrees that it shall not discriminate against any
employee or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or
sexual orientation in any manner prohibited by law. Proposer shall take affirmative action to
ensure that applicants are hired and that employees are treated during employment in
accordance with this non-discrimination obligation. Such action shall include, but not be limited
to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. Proposer shall post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this section.
3. The Proposer will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice, advising the said
labor union or workers’ representative of the Proposer's commitments under this section; and
the Proposer shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
4. Proposer shall permit access to its records of employment, employment advertisements,
application forms, and other pertinent data and records by the State Fair Employment and
Housing Commission, ECCTA or other appropriate agency of the state, for the purpose of
investigation to ascertain compliance with the State Fair Employment and Housing Act.
5. A finding of willful violation of the Fair Employment Practices section of this Agreement or of the
Fair Employment Practices Act shall be regarded by ECCTA as a basis for determining the
Proposer to be not “responsible" as to future contracts for which such Proposer may submit
proposals, for revoking the Proposer's pre-qualification rating, if any, and for refusing to
establish, re-establish, or renew a pre-qualification rating for the Proposer.
6. ECCTA shall deem a finding of willful violation of the Fair Employment and Housing Act to have
occurred upon receipt of written notice from the Fair Employment and Housing Commission that
it has investigated and determined that the Proposer has violated the Fair Employment and
Housing Act and has issued an order under Government Code §12970 or obtained a court order
under Government Code §12973.
February 1, 2016
120
Upon receipt of such written notice from the Fair Employment and Housing Commission, ECCTA
shall notify the Proposer that, unless it demonstrates to the satisfaction of ECCTA within a stated
period that the violation has been corrected, the Proposers pre-qualification rating will be revoked.
7. For willful violation of the State Fair Employment and Housing Act, ECCTA shall have the right to
terminate this Agreement either in whole or in part, and any loss or damage sustained by ECCTA in
securing good or services hereunder shall be borne and paid for by the Proposer and by its surety
under the performance bond, if any, and ECCTA may deduct from any monies due or that
thereafter may become due to the Proposer, the difference between the price named in the
Agreement and the actual cost thereof to ECCTA.
8. The Proposer agrees that should ECCTA determine that the Proposer has not complied with the Fair
Employment Practices section of this Agreement then, pursuant to Labor Code Sections 1735 and
1775, the Proposer shall, as a penalty to ECCTA, forfeit, for each calendar day, or portion thereof,
for each person who was denied employment as a result of such noncompliance, the penalties
provided in the labor code for violation of prevailing wage rates. Such monies may be recovered
from the Proposer. ECCTA may deduct any such damages from any monies due the Proposer.
9. Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent ECCTA from pursuing any other remedies that may be available at law.
10. Prior to award of the Agreement, the Proposer shall certify to ECCTA that it has or will meet the
following standards for affirmative compliance, which shall be evaluated in each case by ECCTA:
a. The Proposer shall provide evidence, as required by ECCTA, that it has notified all supervisors,
foremen and other personnel officers, in writing, of the content of the anti-discrimination
clause and their responsibilities under it.
b. The Proposer shall provide evidence, as required by ECCTA, that it has notified all sources of
employee referral (including unions, employment agencies, advertisements, Employment
Development Department) of the content of the anti-discrimination clause.
c. The Proposer shall file a basic compliance report as required by ECCTA. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance
report shall also spell out the sources of the work force and who has the responsibility for
determining whom to hire or whether or not to hire.
d. Personally, or through its representatives, the Proposer shall, through negotiations with the unions
with whom it has agreements, attempt to develop a contract which will:
1) Spell out responsibilities for nondiscrimination in hiring, referral, upgrading, and training.
2) Otherwise implement an affirmative anti-discrimination program in terms of the unions’
specific areas of skill and geography to the end that qualified minority workers will be
available and given an equal opportunity for employment.
e. The Proposer shall notify ECCTA of opposition to the anti-discrimination clause by individuals,
firms, or organizations during the period of its pre-qualification.
February 1, 2016
121
11. The Proposer will include the provisions of the foregoing Paragraphs 1 through 10 in every first-tier
subcontract so that such provisions will be binding upon each subcontractor.
12. Statements and Payrolls. The Proposer shall maintain its records in conformance with the
requirements included in the Information for Proposers and the following Special Conditions:
a. The submission by the Proposer of payrolls or copies thereof, is not required. However, each
Proposer and subcontractor shall preserve their weekly payroll records for a period of three (3)
years from the date of completion of this Agreement.
b. The payroll records shall contain the name, address and social security number of each
employee, his/her correct classification, rate of pay, daily and weekly number of hours worked,
itemized deductions made, and actual wages paid.
c. The Proposer shall make its payroll records available for inspection by ECCTA and shall permit
ECCTA to interview employees during working hours on the job.
The following certification is to be executed by every Proposer and enclosed and forwarded in a sealed
envelope containing the proposal. The person signing the certification shall state his/her address and
official capacity.
February 1, 2016
122
Fair Employment Practice Certification
The undersigned, in submitting a proposal for performing work as specified in the Scope of Work
hereby certifies that the proposer will meet the above standards of affirmative compliance with the
Fair Employment and Housing Act.
________________________________________________________
PROPOSER
________________________________________________________
SIGNATURE
________________________________________________________
PRINTED NAME OF SIGNER
________________________________________________________
TITLE
________________________________________________________
MAILING ADDRESS
________________________________________________________
CITY
STATE
ZIP CODE
________________________________________________________
TELEPHONE NUMBER
February 1, 2016
123
NON COLLUSION AFFIDAVIT
State of ______________
County of
is
the foregoing Proposal,
ss.
, being first duly sworn, deposes and says that he or she
(title) of
, the party making
that the Proposal:
•
is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation
•
is genuine and not collusive or sham
that the Proposer:
•
has not, directly or indirectly, induced or solicited any other Proposer to put in a false or sham
Proposal
•
has not, directly or indirectly, colluded, conspired, connived, or agreed with any Proposer or
anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing
•
has not in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any
overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract
• assures that all statements contained in the Proposal are true
• has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee
to any corporation, partnership, company, association, organization, Proposal depository, or to any
member or agent thereof to effectuate a collusive or sham Proposal.
Signed:
Date: _____________
Proposer’s Printed Name:
February 1, 2016
124
CERTIFICATION CONCERNING CONTROL OF EMPLOYEE OF CONTRACTOR
The Proposer, by entering into this Agreement with ECCTA to perform or provide work, services, or
materials to ECCTA, does hereby certify and assure that in performing the services under this
Agreement, the Proposer shall act as an independent Proposer and shall have full control of the Work
and Proposer’s employees. Proposer and its employees in no circumstances whatsoever shall imply
or be considered as an agent(s) or employee(s) of ECCTA. Proposer’s employees in no circumstances
shall be entitled to part of any pension plan, insurance, bonus or any similar benefits which ECCTA
provides its own employees.
Any infraction of this Certification shall be cause for termination of this Agreement.
Signed
Authorized Representative of Proposer
Title
Date
February 1, 2016
125
CERTIFICATE REGARDING WORKERS’ COMPENSATION
Contract with the EASTERN CONTRA COSTA TRANSIT AUTHORITY, 801 Wilbur Avenue, Antioch,
California 94509, for:
Transit System Operations
RFP #2016-001
Labor Code Section 3700:
"Every employer, except the State, and all political subdivisions or institutions thereof, shall secure
the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers, duly authorized to
write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate on consent to self-insure, which
may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to employees."
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be
insured against liability for worker's compensation or to undertake self-insurance. In accordance with
the provisions of that code, I will comply with such provisions before commencing the performance
of the Work of this contract.
Dated: _____________20__
(Proposer)
By___________________________________
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861, provides that the above certificate must be signed and filed by the
Proposer with the Authority prior to performing any work under this contract.)
February 1, 2016
126
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set forth in FTA circular 4220.1F, dated April 14, 2009, and are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in this
Agreement. ______________shall not perform any act, fail to perform any act, or refuse to comply
with any ECCTA requests which would cause ECCTA to be in violation of the FTA terms and conditions.
_____________________________________________________
Signed
_____________________________________________________
Title
_____________________________________________________
Date
_____________________________________________________
Attest:
February 1, 2016
127
CERTIFICATION OF ELIGIBILITY
The____________________________________(Name of Proposer) hereby certifies that it is not
included on the United States Comptroller General’s Consolidated List of Persons of firms Currently
Debarred for Violations of Various Public Contracts Incorporating Labor Standard Provisions.
Signed _____________________________________________________________
Title: ______________________________________________________________
Date: ______________________________________________________________
February 1, 2016
128
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING
ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime
federal recipient, at the initiation or receipt of a covered federal action, or a material change to a
previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each
payment or agreement to make payment to any lobbying entity 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 a covered federal action. Use
the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional
information.
Identify the type of covered federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered federal action.
Identify the status of the covered federal action.
Identify the appropriate classification of this report. If this is a follow-up report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by this reporting entity for this
covered federal action.
Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is, or
expects to be a prime or sub award recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Sub awards include but are not limited to subcontracts, sub
grants and contracts and contract awards under grants.
If the organization filing the report in item 4 checks “Subawardee”, then enter the full name, address,
city, state and zip code of the prime federal recipient. Include Congressional District, if known.
Enter the name of the federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation,
United States Coast Guard.
Enter the federal program name or description for the covered federal action (item 1). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan commitments.
February 1, 2016
129
Enter the most appropriate federal identifying number available for the federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant
announcement number; the contract, grant, or loan award number; the application/Proposal control
number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001”.
For a covered federal action where there has been an award or loan commitment by the federal
agency, enter the federal amount of the award/loan commitment for the prime entity identified in
item 4 or 5.
(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the
reporting entity identified in item 4 to influence the covered federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity
(item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or
will be made (planned).
Check all boxes that apply. If this is a material change report, enter the cumulative amount of
payment made or planned to be made.
Check the appropriate box (es). Check all boxes that apply. If payment is made through an in-kind
contribution, specify the nature and value of the in-kind payment.
Check the appropriate box (es). Check all boxes that apply. If other, specify nature.
Provide a specific and detailed description of the services that the lobbyist has performed, or will be
expected to perform, and the date(s) of any services rendered. Include all preparatory and related
activity, not just time spent in actual contact with federal officials. Identify the federal official(s) or
employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
The certifying official shall sign and date the form, print his/her name, title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing
the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046),
Washington, D.C. 20503
February 1, 2016
130
LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND
COOPERATIVE AGREEMENTS
(Pursuant to 49 CFR Part 20, Appendix A)
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of Congress,
an officer or employee of congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions and as
amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413
(1/19/96).
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants,
loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure
Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, _________________________________, certifies or affirms the truthfulness
and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et. seq. applies to this certification
and disclosure, if any.
_________________________________________Signature of Authorized Official
_________________________________________Name and Title of Authorized Official
_________________________________________Date
February 1, 2016
131
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action:
a.
b.
c.
d.
e.
f.
2. Status of Federal Action:
contract
grant
cooperative agreement
loan
loan of guarantee
loan insurance
a. bid/offer/application
b. initial award
c. post-award
a. initial filing
b. material change
For Material Change Only:
Year______Quarter______
Date of last report:___________
4. Name and Address of Reporting Entity:
__ Prime
3. Report Type:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
and Address of Prime:
__ Subawardee
Tier, if known:______
Congressional District, if known:_________
Congressional District, if known:___________
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:_______________
8. Federal Action Number, if known:_____________
9. Award Amount, if known: $________________
10.a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
10.b. Individuals Performing Services (including address if
different from No. 10a) (last name, first name, MI):
(Attach Continuation Sheet(s), if necessary)
13. Type of Payment (check all that apply):
11. Amount of Payment (check all that apply):
$____________
__ actual
__ planned
__
__
__
__
__
__
12. Form of Payment (check all that apply):
__ a. cash
__ b. in-kind; specify:
nature_________
value__________
a. retainer
b. one-time fee
c. commission
d. contingent fee
e. deferred
f. other; specify
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or
Members(s) contacted, for Payment indicated in Item 11:
(Attach Continuation Sheet(s),if necessary)
15. Continuation Sheets(s) SF-LLL-A attached:
__ Yes
16. Information requested through this form is authorized by title
31 U.S.C. section 1352. This disclosure of lobbying
activities is a material reprsentation of fact upon which
reference was placed by the user above when this
transaction was made or entered into. This disclosure is
required pursuant to 31 U.S.C. 1352. This information
will be reported to the Congress semi-annually and will be
available for public inspection. Any person who fails to file the
required disclosure shall be subject to a civil penalty of not
less than $10,000 and not more than $1000,000 for each
failure.
February 1, 2016
__ No
Signature:____________________________________
Print Name:___________________________________
Title:_________________________________________
Telephone No.________________Date:_____________
132
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Reporting Entity:________________________________________________Page________of__________
Authorized for Local Reproduction
Standard Form - LLL - A
BILLING CODES 3410-01-C; 6450-01-C; 6690-01-C;
8025-01-C; 7510-01-C; 3510-FE-C; 8120-01-C; 4710-24-C;
6116-01-C; 6051-01-C; 8230-01-C; 3210-01-C; 4210-32-C;
4410-18-C; 4510-23-C; 4810-25-C; 3001-01-C; 4000-01-C;
3820-01-C; 6560-50-C; 6820-61-C; 4310-RF-C; 6718-01-C;
4150-04-C; 7555-01-C; 7537-01-C; 7536-01-C; 6050-28-C;
4910-62-C
February 1, 2016
133
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION
(Pursuant to 49 CFR Part 29, Appendix B)
A. By signing and submitting this Proposal, the Proposer is providing the signed certification set out
below.
The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
The Proposer shall provide immediate written notice to the Eastern Contra Costa Transit Authority if
at any time the Proposer learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered
transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “Proposal,” and
“voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549 (49 CFR Part29). You may contact
the Eastern Contra Costa Transit Authority for assistance in obtaining a copy of those regulations.
The Proposer agrees by submitting this Proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized
in writing by the department of agency with which this transaction originated.
The Proposer further agrees by submitting this Proposal that it will include the clause entitled
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion”, as set out
below in Subsection (B), in all subcontracts and in all solicitations for lower tier covered
transactions as modified to identify the subcontractor.
A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check the Nonprocurement List issued by
U.S. General Service Administration.
February 1, 2016
134
Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
Except for transactions authorized under Paragraph 4 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to all remedies available to
the federal government, the department or agency with which this transaction originated may
pursue available remedies including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier
Covered Transaction
1. The Proposer certifies, by submission of this Proposal or Proposal, that neither it nor its
“principals,” as defined at 49 C.F.R. § 29.105(p), is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency.
2. If Proposer is unable to certify to the statements in this certification, Proposer shall attach an
explanation to this Proposal.
____________________________________Firm Name
____________________________________Signature of Authorized Official
___________________________________Name and Title of Authorized Official
____________________________________Date
February 1, 2016
135
DISCLOSURE OF GOVERNMENTAL POSITIONS
List all Proposer and subcontractor employees who, within the last twelve months, have held or do
hold any positions as directors, officers, Contractors, or employees of any federal, state, or local
governmental agency, or district.
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Authorized Signature: __________________________________
Date: ____________________
February 1, 2016
136
AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND NON COMPETITIVE
PRACTICES
State of
County of
) ss
)
A. Conflict of Interest. That the Proposer by entering into this contract with ECCTA to perform or
provide work, services or materials to ECCTA has thereby covenanted, and by this affidavit does again
covenant and assure that it has no direct or indirect pecuniary or proprietary interest, and that it shall
not acquire any such interest, which conflicts in any manner or degree with the services required to
be performed under this contract and that it shall not employ any person or agent having any such
interest. In the event that the Proposer or its agents, employees or representative hereafter acquires
such a conflict of interest, it shall immediately disclose such interest to ECCTA and take action
immediately to eliminate the conflict or to withdraw from this contract, as ECCTA may require.
1. Contingent Fees and Gratuities. That the Proposer, by entering into this Contract with ECCTA
to perform or provide services or material for ECCTA has thereby covenanted, and by this
affidavit does again covenant and assure: That no person or selling agency except bonafide
employees or designated agents or representative of the Proposer has been employed or
retained to solicit or secure this contract with an agreement or understanding that a
commission, percentage, brokerage or contingent fee would be paid; and
2. That no gratuities, in the form of entertainment, gifts or other, were offered or given by the
Proposer or any of its agents, employees or representatives, to any official, member or
employee of ECCTA or other governmental agency with a view toward securing this contract
or securing favorable treatment with respect to the awarding or amending, or the making of
any determination with respect to the performance of this contract.
3. That no contracts of communication or lobbying efforts were made by Proposer, its agents or
officer with any member of the Board of Directors or staff of ECCTA with regard to this
process.
____________________________________
Company Name
By _________________________________
Title _______________________________
Subscribed and Sworn to before me
This ______ day of _________, 20___.
_______________________________
Notary Public in and for State of ___________________________________
residing at _____________________________________________________
February 1, 2016
137
Americans with Disabilities Act
The Contractor and any of it’s subcontractors under this contract agree to comply with all applicable
requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Sections 12101 et seq.;
section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 794; 49 U.S.C. Section
5301(d); and the following regulations and any amendments thereto.
Authorized Signature: __________________________________________
Date: __________________
February 1, 2016
138
DRUG FREE WORKPLACE CERTIFICATION
Company Name: ______________________________________
The Contractor named above hereby certifies compliance with U.S. DOT regulations 49 CFP Part 29,
Subpart F and Government Code Section 8355 in matters relating to providing a drug-free workplace.
The above named Contractor will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken
against employees for violations of the prohibition
2. Establish a Drug-Free Awareness Program as required to inform employees about all of the
following:
a. The dangers of drug abuse in the workplace,
b. The person’s or organization’s policy of maintaining a drug-free workplace,
c. Any available counseling, rehabilitation and employee assistance programs, and
penalties that may be imposed upon employees for drug abuse violations
3. Every employee who works on the proposed contract:
a. Will receive a copy of the company’s drug-free policy statement and
b. Will agree to abide by the terms of the company’s statement as a condition of
employment on the contract
c. Notify the employer (Proposer) in writing of any conviction for a violation of a
criminal drug statute occurring in the workplace no later than five (5) calendar days
after the conviction
4. Notify the Federal Transit Administration (FTA) in writing within ten (10) calendar days after
receiving notice required by paragraph 3(c) from an employee or otherwise receiving actual
notice of that conviction. The Proposer, as employer of any convicted employee, must provide
notice, including position title, to every project officer or otherwise designee on whose project
activity the convicted employee was working. Notice shall include the identification number (s) of
each affected vehicle and related equipment and accessories.
5. Taking one of the following actions within thirty (30) calendar days of receiving notice under
paragraph 3 (c) with respect to any employee who is convicted:
• Taking appropriate personnel action against that employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended, or
• Requiring the employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency; and
February 1, 2016
139
6. Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraph, 1, 2, 3, 4, and 5 of this certification. The Proposer agrees to maintain a list of
identifying its headquarters location and each workplace it maintains in which activities provided
by this contract are conducted, and make that list readily accessible to the State Department of
Transportation.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the Contractor to
the above described certification. I am fully aware that this certification, executed on the date and in
the county below, is made under penalty of perjury under the laws of the State of California.
___________________________________________________
OFFICIAL’S NAME
_______________
DATE EXECUTED
_________________________________
EXECUTED IN THE COUNTY OF
___________________________________________________
SIGNATURE
___________________________________________________
TITLE
February 1, 2016
140
FLY AMERICA REQUIREMENTS
___________________________________agrees to comply with 49 U.S.C. 40118 (the “Fly America”
Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301 – 10,
which provide that recipients and sub recipients of federal funds and their Proposers are required to
use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of
their personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act._________________________shall
submit, if a foreign air carrier was used, an appropriate certification of memorandum adequately
explaining why service by a U.S. Flag air carrier was not available or why it was necessary to use a
foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America
requirements. _____________________agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
_____________________________________________________________
Signed
_____________________________________________________________
Title
______________________________________________________________
Date
_____________________________________________________________
Attest
February 1, 2016
141
CARGO PREFERENCE – USE OF UNITED STATES FLAG VESSELS
Pursuant to 46 U.S.C1241 46 CFR Part 381, the Proposer agrees:
a. to use privately owned United States-Flag commercial vessels to ship at least 50
percent of the gross tonnage computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are
available at fair and reasonable rates for United States-Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date of
leading for shipments originating outside the United States, a legible copy of a rated,
“on-board” commercial ocean bill-of-lading in English for each shipment of cargo
described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FTA
recipient (through the Proposer in the case of a subcontractor’s bill-of-lading.)
c. to include these requirements in all subcontracts issued pursuant to this contract
when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
Date:___________________________________________________________
Signature________________________________________________________
Title:___________________________________________________________
Company Name:___________________________________________________________
February 1, 2016
142
BUY AMERICA CERTIFICATE
(Steel, Iron or Manufactured Products)
Certification requirement for procurement of steel, iron, or manufactured products
SELECT AND COMPLETE ONLY ONE OF THE FOLLOWING CERTIFICATIONS:
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The Contractor hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 CFR Part 661.
_______________________________________Firm Name
_______________________________________Signature of Authorized Official
_______________________________________Name and Title of Authorized Official
_______________________________________Date
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The Contractor hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D)
and the regulations in 49 CFR 6617.7.
________________________________________Firm Name
________________________________________Signature of Authorized Official
________________________________________Name and Title of Authorized Official
________________________________________Date
February 1, 2016
143
Section 9
SAMPLE
AGREEMENT
February 1, 2016
144
SAMPLE AGREEMENT
THIS AGREEMENT is by and between the EASTERN CONTRA COSTA TRANSIT AUTHORITY, California,
hereinafter referred to as “ECCTA” and __________, hereinafter referred to as “Contractor”.
WITNESSETH
WHEREAS, Contractor has the management and technical personnel, expertise and other assets
useful for the support of ECCTA’s transportation project; and
WHEREAS, Contractor is desirous of providing such services;
NOW, THEREFORE, in consideration of the foregoing recital and covenants and agreements of each of
the parties herein set forth, the parties hereto do agree as follows:
1.
Purpose. ECCTA hereby contracts with Contractor to provide transportation management
and operations services upon the terms and conditions hereinafter set forth.
2.
Scope-of-Work. Contractor will provide the services to be rendered as set forth in the Scopeof-Work attached hereto and by reference incorporated herein and made a part hereof.
3.
Contract Documents. In addition to this Agreement, the contract between ECCTA and
Contractor (“Contract”) includes the following (together with this Agreement, the “Contract
Documents”):
a. General Conditions
b. Special Provisions
c. Scope of Work
d. All certifications identified on the page entitled “REQUIRED CERTIFICATIONS.”:
e. The following Addenda:
i. _________________
ii. _________________
iii. _________________
f. Contractor’s Proposal dated _______________________
4.
Time Period. The term of this Contract shall be from July 1, 2016 to June 30, 2020. There are
three, two year options available to extend this Contract. Contractor shall commence transit
service operations of ECCTA’s transportation project on July 1, 2016, and continue operation
through June 30, 2020, within the budget defined under the heading “Maximum Obligation”.
February 1, 2016
145
5.
Maximum Obligation. ECCTA agrees to pay Contractor in consideration for its services as
described herein. The maximum cost to be paid by ECCTA to Contractor shall not exceed
$_______ during the first year; $________ during the second year; $_______ during the third
year, $_________ during the fourth year
6.
Price Formula. ECCTA agrees to pay the Contractor for performance of the service set forth in
this Agreement as follows:
YEAR
2016-2017
2017-2018
2018-2019
2019-2020
Variable Costs Per
Hour
Fixed Cost
Total Operator Direct
Labor Cost Per Hour
a.
7.
ECCTA Responsibilities. ECCTA shall provide the facilities located at 801 Wilbur
Avenue, Antioch, California, which includes operations offices, dispatch area, driver’s
lounge, garage and parking facilities, licensed mobile radio system and radio system
maintenance, telephone equipment, vehicles and licenses, tickets, coupons and
transfers, coupon and ticket sales, printed timetables, service marketing and
promotion, service planning and system monitoring. In addition, ECCTA shall provide
for all landscape maintenance for the facility located at 801 Wilbur Avenue, Antioch,
farebox revenue processing equipment, procurement agent and maintenance of
inventory and distribution of printed bus schedules and other marketing brochures.
ECCTA will pay monthly utility fees except $175.00 telephone charges on all
Contractors’ extensions.
Invoice. Contractor shall submit monthly invoices to ECCTA for services provided as follows:
all variable costs and the fixed monthly cost shall be invoiced to ECCTA not later than the
tenth (10th) day of the month following the service month provided. All required reports and
submissions as described in the Scope-of-Work, shall be accurately completed and submitted
to ECCTA prior to payment of monthly fee. The variable costs per hour shall be based on gateto-gate hours for fixed route and gate-to-gate minus lunch breaks for paratransit.
February 1, 2016
146
8.
Payment. All payments by ECCTA shall be made in arrears after the service has been
provided. Payment shall be made by ECCTA no more than twenty (20) days from ECCTA’s
receipt of the invoice. Payment will be made on a monthly basis.
Payments shall be by voucher or check payable to and mailed first class to:
CONTRACTOR
9.
Farebox Revenue. All farebox revenues collected by Contractor are the property of ECCTA.
Contractor shall be responsible for handling farebox revenues in the manner discussed in the
Scope-of-Work, and as necessary for ECCTA to meet state and federal funding sources.
10.
Control. In performing the services under this Agreement, the Contractor shall act as an
Independent Contractor and shall have full control of the work and the manner in which it is
performed. Contractor in no circumstances shall be considered as an agent or employee of
ECCTA, and Contractor’s employees are not entitled to participate or be part of any pension
plan, insurance, bonus, or any similar benefits which ECCTA provides its employees.
11.
Management. During the terms of this Agreement, Contractor shall provide sufficient
executive administrative personnel as shall be necessary and required to perform its duties
and obligations under the terms hereof, and described in attached the Scope-of-Work. All
management personnel to be employed must be committed exclusively to the performance of
work on ECCTA’s project not inclusive of the Quality Assurance/Liaison Mentor, and shall not
perform any other services for Contractor or other entity. Management personnel shall be
full-time employees of Contractor.
12.
Medical Assistance to Passengers. Contractor’s employees shall not be required to perform
any medical or quasi-medical functions for passengers unless operating a MedVan. In the
event of illness on board a vehicle, the driver shall advise the dispatcher by radio and may
proceed immediately to a medical facility for help, on the instructions of dispatcher.
13.
Uniforms. Contractor shall purchase uniforms as specified by ECCTA for all supervisors and
drivers and shall require the employees to wear them. The design, type and logo of the
uniforms shall be subject to ECCTA’s approval. Uniforms shall include, but not be limited to
shirts, pants and jackets. Drivers shall be required to maintain neat and clean appearances.
14.
Modifications of Agreement. This writing constitutes the entire Agreement between the
parties relative to the matter of this Agreement and no modification hereof shall be effective
unless and until such modification is evidenced in writing signed by both parties to this
Agreement. There are no understandings, agreements or condition with respect to the
subject matter of the Agreement except those contained in this writing.
February 1, 2016
147
15.
Contract Assignments. This contract shall not be sold, assigned, transferred, conveyed or
encumbered by Contractor without the prior written consent of ECCTA. Contractor shall not
sell or otherwise transfer its interest in this contract without prior written notification to
ECCTA. Upon receiving such notification from Contractor, ECCTA may, at its sole discretion,
decide to exercise its right to terminate this contract.
Subject to the provision regarding assignment, this contract shall be binding upon the heirs,
executor, administrators, successors and assign of the respective parties.
16.
Disputes. Except as otherwise provided in this contract, any dispute concerning a question of
fact arising under this contract which is not disposed of by agreement shall be decided by
ECCTA’s CEO, who shall reduce her decision to writing and mail or otherwise furnish a copy
thereof to Contractor. The decision of the CEO shall be final and conclusive unless within
thirty (30) days from the date of receipt of such copy, Contractor mails or otherwise furnished
to ECCTA’s Board of Directors a written appeal.
The decision of ECCTA’s Board of Directors for the determination of such appeals shall be final
and conclusive unless determined by arbitration under the rules of the California Arbitration
Act (CCP 1280-1294.2) to have been determined fraudulent, or capricious, arbitrary, or so
grossly erroneous as necessarily to imply bad faith.
In connection with any appeal proceeding under this clause, Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its appeal. Pending final decision
of an appeal hereunder, Contractor shall proceed diligently with the performance of the
contract and in accordance with the CEO’s decision.
This paragraph does not preclude consideration of law questions in connection with decisions
provided for in this clause, provided that nothing in this contract shall be construed as making
final a decision of any administrative official, representative or board on a question of law.
17.
Stop-Work. ECCTA may stop work on its transportation system at any time. ECCTA shall be
liable for all relevant costs defined under Section 6 incurred prior to the stop-work period and
for restart, if any.
18.
Termination. Any time, and without cause, ECCTA shall have the right in its sole discretion to
termination of the Agreement by giving thirty (30) days written notice to Contractor. In the
event of such termination, ECCTA shall pay Contractor for services rendered to that date.
ECCTA shall have the further right in its sole discretion to terminate this Agreement
immediately if a decision is rendered by a California court that the Myers-Millias-Brown Act
applies to the activities of Contractor and its employees or if a decision is rendered by the
California Public Utilities Commission or a California court which has the effect of requiring
ECCTA to obtain a certificate of public convenience and necessity for its transit operation.
February 1, 2016
148
19.
Communications. All notices hereunder and communications with respect to this Agreement
shall be effective upon the mailing thereof by registered or certified mail, return receipt
requested, and postage prepaid to the persons named below:
If to Contractor:
With Copy to:
If to ECCTA:
801 Wilbur Avenue
Antioch, CA 94509
Attn: Jeanne Krieg, CEO
All other communications, invoices, reports, etc., shall be made to the CEO of ECCTA.
20.
Proprietary Rights. All inventions, improvements, discoveries, proprietary rights, patents and
copyrights made by Contractor under this Agreement shall be made available to ECCTA with
no royalties, charges or other costs, but shall be owned by Contractor. All manuals prepared
by Contractor under this Agreement shall be made available to ECCTA at no charge and
become property of ECCTA. The required financial and activity reports per other sections of
this Agreement are excluded from this provision and shall be owned by ECCTA. ECCTA may
make presentations and releases relating to the project. Any report, public releases, papers
and other formal publications shall be subject to the approval of ECCTA before they are
released.
21.
Shortages and Delays. Contractor shall not be held responsible for losses, delays, failure to
perform, or excess costs caused by events beyond the control of Contractor. Such events may
include, but are not limited to, the following: Acts of God, fire, epidemics, significant
earthquake, flood, or other natural disaster; acts of government or public, strikes, riots, war,
civil disorder, or fuel shortages. However, Contractor shall not receive payment for the
revenue vehicle hourly rate and only the mutually agreed direct and indirect monthly fee
during the period of time that service is not provided. Contractor also grants ECCTA the right
to provide these services through other means on a temporary basis should Contractor be
unable to perform said services.
February 1, 2016
149
22.
Audit. Contractor shall comply with the following:
(a) General. Contractor shall permit the authorized representatives of ECCTA,
Metropolitan Transportation, and the Comptroller General of the United States to
inspect and audit all data and records of the Contractor relating to performance
under this Agreement. Contractor shall submit quarterly an unaudited report of
actual expenditures (both direct and indirect costs) per the Uniform System of
Accounts (Section 15).
(b) Audit Settlement. At any time, ECCTA may, at its own cost, conduct or have
conducted an audit of the Contractor. If the audit determines that ECCTA’s dollar
liability for Contractor’s services is less than payments made by ECCTA to Operator,
then Contractor will pay the difference in cash to ECCTA, or, at ECCTA’s option, credit
such overpayment against any future amounts owed by ECCTA to Contractor. If the
audit determines that ECCTA’s dollar liability for services provided under the contract
is more than payments made by ECCTA to Contractor, then ECCTA will pay the
difference to Contractor in cash.
23.
Transportation Data Reporting. Contractor collects and reports operating and financial data
to ECCTA in accordance with the California Public Utilities Code, Chapter 4, Section 99243, and
California Administrative Code Title 21, Chapter 3, Subchapter 2, as required under California
Transportation Development Act, and of the Uniform Financial Accounting and Reporting
Elements (FARE) as required under FTA National Transit Database (formerly known as Section
15 of the Urban Mass Transportation Act of 1964).
24.
Worker’s Compensation. Contractor certifies that it is aware of the provisions of the Labor
Code of the State of California which require compensation or to understand self-insurance in
accordance with the provisions of that Code, and it certifies that it will comply with such
provisions before commencing the performance of the work of this Agreement.
25.
Contractors’ Employee Responsibilities. Employees shall at all times remain the sole
employees of Contractor, and Contractor shall be solely responsible for payment of all
employees’ wages and benefits. Contractor, without any cost or expense to ECCTA, shall
faithfully comply with the requirements of all applicable State and Federal enactments with
respect to employer’s liability, workers’ compensation, unemployment insurance and other
forms of Social Security, and also with respect to withholdings of income tax at its source from
wages of said employees and shall indemnify and hold harmless ECCTA from and against any
and all liability, damages, claims, costs and expenses of whatever nature arising from alleged
violation of such enactments or from any claims of subrogation provided for in such
enactment or otherwise
26.
Compliance with Section 5333(b) of Title 49 U.S. Code (formerly Section 13(c) of the Urban
Mass Transportation Act. Contractor agrees to be bound to the extent applicable by the 13(c)
Agreement between ECCTA and Amalgamated Transit Union, Local 1631, dated January 13,
1995, a copy of which ECCTA has supplied Contractor.
February 1, 2016
150
Contractor agrees to the following:
(a) 13(c) Agreement: Contractor acknowledges that ECCTA has executed and
delivered the “Agreement Pursuant to § 13(c) of the Urban Mass Transportation
Act, as amended,” [13(c) Agreement] by and between ECCTA and the
Amalgamated Transit Union, AF&L-CIO, Local 1617, (Union) which ECCTA believes
is acceptable in form and substance to the Union and expects it to be executed and
delivered to ECCTA by the Union. The parties further acknowledge that the bus
operators employed by Contractor are represented by the Union.
(b) 13(c) Protections; ECCTA and Contractor acknowledge that, pursuant to the 13(c)
Agreement, ECCTA is required to provide protection to Contractor’s employees
who are represented by the Union with respect to such employees’ compensation,
employee benefits and working conditions.
(c) Contractor’s Obligation to Comply with 13(c): Except as provided in this section,
Contractor hereby agrees that in the event of a claim made under the 13(c)
Agreement it will assume all of ECCTA’s obligations under the 13(c) Agreement
including without limitation, the obligation to negotiate with the Union, participate
in arbitration, bear all costs and expenses related to the protection of “dismissed,
displaced or worsened employees” as those terms are defined in the 13(c)
Agreement.
(d) ECCTA’s Obligation to Comply with 13(c): Contractor’s obligations under § (c) do
not include claims based upon any actions undertaken by Contractor upon the
written request of ECCTA which is the sole direct cause of the “dismissal,
displacement or worsening” of an operator covered by the 13(c) Agreement. For
the purposes of this Agreement, “sole direct cause” means that the action causes,
without any intervening or concurrent cause, the “dismissal, displacement or
worsening” of an employee covered by the 13(c) Agreement. ECCTA shall assume
sole responsibility for meeting the obligations of the 13(c) Agreement for all claims
described in this § (d).
(e) Continuing Obligations: The parties’ obligations to perform under this 13-(c)
Agreement shall survive the expiration of the Agreement.
27.
Insurance.
(a)
February 1, 2016
Throughout the period of this Agreement, Contractor at its sole cost and
expense, shall procure and maintain full force and effect all insurance required
by the General Conditions, and shall provide the certificates and other evidence
of insurance as provided therein.
151
(b)
Optional Insurance. ECCTA shall have the right to drive any vehicle(s) and
Contractor shall provide proof of insurance for said vehicle(s).
28.
Fidelity Bond. During the period of time this Agreement shall be in effect, Contractor shall
cause its staff personnel to be covered under an appropriated bond protecting ECCTA from
employee theft up to the amount of fifty thousand dollars ($50,000) with respect to any single
occurrence by Contractor’s employees. Contractor shall furnish ECCTA annually with a
certificate from its fidelity bond carrier showing proof of such coverage. Said coverage shall
provide for notification of ECCTA directly by Contractor’s bond carrier at least fifteen (15) days
in advance in the event of cancellation or change of such coverage.
29.
Contractor Responsibilities. Contractor is required to assume responsibility for all services for
which a cost proposal is offered whether or not Contractor possesses skills to perform within
its organization. ECCTA will consider Contractor to be sole point of contact
with regard to contractual matters, including payment of any and all charges resulting from
the contract. No subcontract will be entered into by Contractor to perform work relating to
this Agreement without the prior written authorization of ECCTA.
30.
Nondiscrimination.
31.
a.
Contractor shall comply with all applicable federal, state and local laws, rules and
regulation with regard to discrimination in employment because of age, race, religion,
color, sex, physical, or mental disability, marital status or national origin. Contractor
shall take affirmative action to insure that applicants are employed and that
employees are treated during their employment without regard to their age, race,
religion, color, sex, physical or mental disability, marital status or national origin. Such
actions shall include, but not be limited to, the following: employment, upgrading,
demotions or transfer; recruitment or recruitment advertising; layoff or termination;
rate of pay or other forms of compensation; and selection for training, including
apprenticeship.
b.
Contractor shall also comply with the requirements of Title VI of the Civil Rights Act of
1964 (P.L. 88-352) and with all applicable regulations, statutes, laws, etc., promulgated
pursuant to the civil rights acts of the state and federal government now in existence
of hereafter enacted. Further, Contractor shall also comply with the provisions of
Section 1735 of the Labor Code.
c.
The Contractor agrees to comply with applicable requirements of the Americans With
Disabilities Act of 1991.
Disadvantaged Business Enterprise. In connection with the performance of this Agreement,
Contractor will cooperate with ECCTA in meeting ECCTA’s commitments and goals with regard
to the maximum utilization of disadvantaged business enterprise.
February 1, 2016
152
32.
Conflict of Interests. Contractor promises that it presently has no interest which would
conflict in any manner or degree with the performance of its services hereunder. Contractor
further promises that in the performance of this contract, no person having such interest shall
be employed. A certificate must be completed and submitted with the bid (Refer to Form
2.4).
33.
Conflict of Transportation Interests. Contractor shall not divert any revenues, passengers or
other business from ECCTA’s project to any taxi or other transportation operation of
Contractor without written approval of ECCTA’s CEO.
34.
a. No employee, director, officer, or agent of ECCTA shall participate in selection, award
or administration of a contract if a conflict of interest, real or apparent, would be
involved. Such a conflict would arise when the employee, officer or agent, any
member of his/her immediate family, his or her partner, an organization which
employs, or is about to employ, any of the above interest in the firm selected for
award.
b. ECCTA’s officers, employees or agents shall neither solicit nor accept gratuities, favors
or anything of monetary value from Contractors, potential Contractors, or have a
financial or other interest in the firm selected for award.
35.
Title to Supplies and Equipment. Title to supplies and equipment is described below.
In the event parts, supplies, and equipment purchased by Contractor in connection with the
performance of this Agreement are fully reimbursed or purchased by ECCTA they shall
become the property of ECCTA.
36.
Headings. The headings or titles to sections of this Agreement are not part of the Agreement
and shall have no effect upon the construction or interpretation of any party of this
Agreement.
37.
Retention of Records. Contractor and ECCTA agree to retain all documents relevant to this
Agreement for seven years from the termination of the contract or until all Federal/State
audit are complete for the fiscal year, whichever is later. Upon request, Contractor shall make
available these records to ECCTA, State, or Federal government’s personnel.
38.
Right to Adequate Assurance of Performance. Each part to this Agreement undertakes the
obligation that the other’s expectation of receiving due performance will not be impaired.
When reasonable grounds for insecurity arise with respect to the performance of either party,
the other may, in writing, demand adequate assurance of due performance and until
assurances are received such assurance, may, if commercially reasonable, suspend any
performance for which the agreed return has not been received. “Commercially reasonable”
February 1, 2016
153
includes not only the conduct of a party with respect to performance under this Agreement,
but also conduct of a party with respect to other Agreements with parties to this Agreement
or others. After receipt of a justified demand, failure to provide within a reasonable time, but
not exceeding thirty (30) days, such assurance of due performance as is adequate under the
circumstances of the particular case is a repudiation of this Agreement. Acceptance of any
improper delivery, services or payments does not prejudice the aggrieved party’s right to
demand adequate assurance of future performance.
39.
Warranty of Work; Permits. Contractor hereby warrants that all its work will be performed in
accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal, state, and local laws, regulations and ordinances, it being
understood that acceptance of Contractor’s work by ECCTA shall not operate as a waiver or
release of Contractor. Contractor will be responsible for obtaining any and all permits at its
expense.
40.
Indemnification. To the maximum extent allowed by law, Contractor shall indemnify, hold
harmless and defend ECCTA their member agencies, and their respective agents, servants, and
employees from and against any and all actions, claims, damages, disabilities or expenses, and
witness costs that may be asserted by any person or entity arising out of or in connection with
any actual or alleged breach, act, error or omission in connection with the activities, tasks,
operations, or services provided for or arising out of this Agreement, whether or not there is
concurrent passive or active negligence or willful misconduct of ECCTA, their member
agencies, or any other indemnified party, except where the claim actually arises from the sole
negligence or willful misconduct of the indemnified party, and only then as to such
indemnified party. ECCTA and their member agencies have no liability or responsibility for
any accident, loss or damage to any work performed under this Agreement whether prior to
its completion and acceptance or otherwise. Contractor’s duty to indemnify and hold
harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of
the California Civil Code. This indemnification obligation is not limited in any way by any
limitation of the amount or type of damages or compensation payable by or for the services
and tasks described in this Agreement or its agency under Workers’ Compensation acts,
disability benefit acts or other employee benefit acts, nor is the indemnification obligation
limited by the insurance coverage requirements to be provided under this Agreement.
41.
Merger. This contract sets forth the entire agreement between the parties with respect to
the subject matter thereof, and supersedes and replaces all proposals, negotiations,
representations and implied obligations. The obligations, liabilities and remedies set forth
herein are exclusive and shall operate as limitations on any action brought in connection with
the services, including an action in tort.
February 1, 2016
154
42.
Additional Services. Additional services outside normal operating hours shall be considered
extra services. Additional services as authorized in writing by ECCTA or its designee prior to
undertaking the additional services will be paid for on an individual basis at the Total Operator
Direct Labor Cost Per Hour rate, will be billed separately from this Agreement and shall be in
excess of the maximum price defined in the Maximum Obligation.
43.
Changes in Scope-of-Work. ECCTA, without invalidating the contract, may order additions to
or deletion of service hours for Fixed Route and Paratransit services or deletions for the work
to be performed. If justified, the contract charges will be adjusted accordingly. Any
alteration(s) made in the provisions which are part of this contract shall not operate to release
any surety or sureties from liability or any bond(s) attached thereto and make a part thereof.
New provisions must be mutually agreeable to ECCTA and Contractor. ECCTA shall have the
right to make changes in routes, schedules, and other elements of work not involving extra
cost and not inconsistent with the work to be performed. In addition, ECCTA may make
alterations or additions in routes or schedules to respond to the demands and special events
and other occurrences, provided that if additional justified cost to Contractor results
therefrom, extra payment will be made by ECCTA in an amount equal to the Total Direct
Operator Labor Cost Per Hour rate specified in the contract or as may be otherwise agreed to
by ECCTA and Contractor in advance of such extra work.
44.
Conflicting Use. Contractor shall not use any vehicle, equipment, personnel or other facilities
which are dedicated to ECCTA for performing services under this Agreement for any use
whatsoever other than provided for in this Agreement.
45.
Liaison. Contractor shall assist and cooperate with ECCTA in meeting the objectives of
providing quality public transportation services. Contractor shall perform close liaison
activities, coordination and cooperation with ECCTA on matters related to operations,
monitoring, reporting and service performance measurements.
46.
Failure to Perform. ECCTA recognizes that the operation of a public transit service is subject
to circumstances and variables beyond the control of Contractor. However, a properly run
service will take steps to reasonably accommodate such circumstances without compromising
the safety or reliability of the service.
ECCTA and Contractor will monitor service performance to assure that strict adherence of
routes and schedules are being maintained. If performance is found to be substandard,
ECCTA may request in writing adequate assurance of performance as defined under
paragraph 36 of this Agreement.
Contractor understands that continual substandard performance such as service runs
departing ahead of schedule, missed service runs, service runs departing scheduled stops
fifteen minutes or more after the scheduled time, frequent accidents and safety violations,
February 1, 2016
155
and frequent public complaints regarding driver behavior are grounds for termination of this
Agreement.
47.
Incentives. Incentives shall be calculated as described in Section III of the Scope-of-Work.
48.
Waivers. Neither ECCTA’s review, approval or acceptance of payment for the services
required under this Agreement shall be construed to operate as a waiver of any rights under
Agreement or of any cause of action arising out of the performance of the Agreement, and
Contractor shall be and remain liable to ECCTA in accordance with applicable law for all
damages to ECCTA caused by Contractor negligent act, error or omission in the performance
of any of the services furnished under this Agreement. The parties agree that ECCTA shall
have the final authority to require the discharge by Contractor of any employee of Contractor.
The waiver by ECCTA of any breach of any term, covenant, condition or agreement herein
contained shall not be deemed to be a waiver of any subsequent breach of the same or of a
breach of any other term, condition or agreement herein contained.
49.
Interpretation, Jurisdiction, and Venue. The contract shall be construed and interpreted
solely in accordance with the laws of the State of California; venue or any suit, right or cause
of action arising under or in connection with this Agreement shall be exclusively in eastern
Contra Costa County, California.
50.
Severability. If any provision of this Agreement or the application thereof to any person or
circumstances is rendered or declared illegal for any reason or shall be invalid or
unenforceable, the remainder of the Agreement and application of such provision to other
persons or circumstances shall not be affected thereby but shall be enforced to the greatest
extent permitted by applicable law. The parties agree to negotiate in good faith for a proper
amendment to this Agreement in the event any provision hereof is declared illegal, invalid, or
unenforceable.
51.
Paratransit Wages. The Contractor agrees that the wage scale for drivers for Paratransit and
Fixed Route shall be equal.
52.
Debarred Proposers. The Contractor agrees to obtain certifications on debarment and
suspension from its third party Contractors and subcontractors and otherwise comply with
U.S. Department of Transportation regulation, “Government wide Debarment and Suspension
(Non-procurement) and Government wide Requirements for Drug-Free Workplace (Grant)”, in
compliance with 49 C.F.R. Part 29.
53.
Energy Conservation. The Contractor shall comply with mandatory standards and policies
relating to energy efficiency that are contained inapplicable State energy conservation plans
issued in compliance with the Energy Policy and Conservation Act, 42 USC 6321 et seq.
February 1, 2016
156
54.
Notice of Federal Requirements. The Contractor understands that Federal laws, regulations,
policies, and related administrative practices applicable to the Agreement on the date the
Agreement executed may be modified from time to time. The Contractor agrees that the
most recent of such Federal requirements will govern the administration of this Agreement at
any particular time, except if there is sufficient evidence in the Agreement of a contrary
intent. Such contrary intent might be evidenced by express language in letters including those
signed by the FTA Administrator. Likewise, new Federal laws, regulations, policies, and
administrative practices may be established after the date the Agreement has been executed
and may apply to this Agreement. All standards or limits set forth in this Agreement to be
observed in the performance of the project are minimum requirements.
55.
Environmental Violations. The Contractor agrees to comply with all applicable standards,
orders or requirements issued under Section 306 of the Clean Air Act [42 USC 1857 (h)],
Section 508 of the Clean Water Act (33 USC 368, Executive Order 113;78, and Environmental
Protection Agency (EPA) regulations (40 CFR, Part 15) which prohibits the use under
nonexempt Federal contracts, grants, or loans, of facilities included on the EPA List for
Violating Facilities. The Contractor shall report violations to FTA and the US EPA Assistant
Administration for Enforcement.
56.
Privacy. The Contractor and its employees shall comply with the Privacy Act of 1974, 5 USC.
552a.
57.
Disclosure of Lobbying Activities. The Contractor agrees to comply with the provisions of 31
USC 1352, which prohibit the use of Federal funds for lobbying any official or employee of any
Federal agency, or member or employee of Congress; and requires the Contractor to disclose
any lobbying of any official or employee of any Federal agency, or member, or employee of
Congress in connections with Federal assistance.
The Contractor agrees to comply with United States Department regulations, “New
Restrictions on Lobbying”, 49 CFR, Part 20.
58.
Non-Collusion Affidavit. By submitting a proposal, the prospective Contractor represents and
warrants that such a proposal is genuine and not a sham, collusive, or made in the interest or
in behalf of any person or party not therein named and that the prospective Contractor has
not directly or indirectly induced or solicited any other Contractor to put in a sham bid, or any
other person, firm or corporation to refrain from presenting a proposal and that the
prospective Contractor has not in any manner sought by collusion to secure an advantage. If
it is found that collusion exists, proposals will be rejected and contract awards shall be null
and void.
59.
Interest of Members of or Delegates of Congress. No member of or delegate to the Congress
of the United States shall be admitted to any share or post of this contract or to any benefit
arising therefrom.
February 1, 2016
157
60.
Drug-Free Workplace. The Contract shall comply with Government code Section 8355 in
matters relating to providing a drug-free workplace.
61.
Mechanic/Service Worker Training. ECCTA shall pay the Contractor $200.00 for every newly
hired ECCTA mechanic that passes the DMV drive test. All paperwork associated with the
mechanic shall be forwarded to the CEO. ECCTA shall pay the Contractor $100 for service
worker driver training. The mechanic shall be trained to pass a DMV drive test and have all
paperwork and training documented. Service workers shall receive at least 5 hours of bus
maneuvering so as to drive proficiently in the yard.
62.
Injury and Illness Prevention Program. Contractor certifies that it is aware of and has
complied with the provisions of California Labor Code Section 6401.7, which requires every
employer to adopt a written injury and illness prevention program.
63.
Subject to Metropolitan Transportation Commission (MTC) Disbursement. This Agreement
shall be subject to disbursement to ECCTA by the Metropolitan Transportation Commission
(MTC) of funds previously set aside for ECCTA in an amount necessary to cover the services
set forth herein. In the event that MTC fails to disburse funds previously set aside for this
Agreement, ECCTA shall not be liable for any further payment(s) to the Contractor under this
Agreement.
WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through
their respective officer’s thereunto duly authorized on the day written below their signatures.
FOR ECCTA:
Dated: ________________ By: ______________________________
Jeanne Krieg, Chief Executive Officer
BY CONTRACTOR:
Dated: ______________ By: _________________________________
Approved as to Legal Form and Content:
Approved as to Legal Form and Content
By:
By: ___________________________
Benjamin Stock, General Counsel, ECCTA
CONTRACTOR
February 1, 2016

Request for Proposal #2016-001

Transcription

Similar documents

Pay Application #4 - the Public Building Commission of Chicago

AAA Kempinski Hotel, Vilnius

R-3324 Long Beach Road Extension

Mark Rycraft

How to Open an Account with Great Lakes Credit Union (GLCU)

Qualification Form - Integrity Construction Service

Untitled

AGREEMENT FOR TRANSPORTATION SERVICES Contractor

to - PRO Union Consulting

CSAH 5 Newletter - Sherburne County