REQUEST FOR PROPOSALS
SAWYER COUNTY/LCO/NAMEKAGON TRANSIT
For
“Hand Held Tablet Technology Devices & Telemetry Service Plan 2013”
June 2013
Namekagon Transit 9790 N County Rd K Hayward, WI 54843
Providing Transportation Services in Sawyer, Washburn, and Barron Counties, and surrounding areas
Karen Melasecca, Transit Manager (715) 634-6633
Notice is hereby given that the Sawyer County/LCO/Namekagon Transit, will receive sealed proposals (1) original and two (2) copies of its technical proposal and, in a separate, sealed container, one (1) original and two (2) copies of the cost proposals, at its office at 9790 N County Rd K, Hayward, WI 54843 until 3:00 P.M. (EST), on Wednesday, July 24, 2013 for the procurement of: SAWYER COUNTY/LCO/NAMEKAGON TRANSIT – Hand Held Tablet Technology Devices & Telemetry Service Plan June 2013 for the Sawyer County/LCO/Namekagon Transit; as described within the Contract Documents. Bids will be opened and read aloud at the above time. A Non-Mandatory Pre-bid conference will be held at the NAMEKAGON TRANSIT office at at 9790 N County Rd K, Hayward, WI 54843 on Tuesday, July 16, 2013 beginning at 10:00 AM. and prospective bidders are encouraged to attend and provide written questions prior to this meeting. Final written questions must be submitted by Tuesday, July 16, 2013 by 10:00 AM. Sealed bids shall be submitted on unaltered bid forms in sealed envelopes clearly marked “SAWYER COUNTY/LCO/NAMEKAGON TRANSIT – Hand Held Tablet Technology Devices & Telemetry Service Plan 2013” and must be received at the office of SAWYER COUNTY/LCO/NAMEKAGON TRANSIT prior to the scheduled time of bid opening. Bids received after the scheduled bid opening time will not be considered. The Bidder’s attention is directed to the fact that all applicable Federal and State laws, municipal ordinances and codes, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they are deemed to be included in the Contract the same as though herein written in full. Contractors will be required to comply with all applicable Non-Discrimination and NonCollusion laws and regulations and to certify that they are not on the Comptroller General’s list of ineligible contractors. SAWYER COUNTY/LCO/NAMEKAGON TRANSIT solicits and encourages disadvantaged business enterprise participation. DBE’s shall be afforded full consideration of their response and will not be subject to discrimination. The bidder agrees that bids will be valid for at least a ninety (90) day period from the date the bids are opened.
Table of Contents Sawyer County/LCO/Namekagon Transit Request for Proposal: Hand Held Tablet Technology Devices & Telemetry Service Plan 2013
1.0
INSTRUCTIONS TO VENDORS
1.1 SUBMISSION INSTRUCTIONS…………………………………………………………… 1.1.1 Quantity………………………………………………………………………... 1.1.2 Due Date……………………………………………………………………….. 1.1.3 Proprietary Information……………………………………………………... 1.1.4 Forms…………………………………………………………………………... 1.1.5 Availability of Electronic Version of This Document…………………. 1.2 QUESTIONS CONCERNING THE PROJECT…………………………………………... 1.2.1 Pre-Proposal Meeting……………………………………………………….. 1.2.2 Verbal and Written Questions……………………………………………... 1.3 ON-SITE INTERVIEWS…………………………………………………………………….. 1.4 PROPOSAL FORMAT……………………………………………………………………… 1.4.1 General………………………………………………………………………… 1.4.2 Submission of Supplemental Material…………………………………… 1.4.3 Minimum Requirements – Technical Proposal…………………………. 1.4.4 Cost Proposals..……………………………………………………………… 1.5 CONTRACT………………………………………………………………………………….. 1.5.1 Award of Contract…………………………………………………………… 1.5.2 Contract Type………………………………………………………………… 1.5.3 Time for Completion………………………………………………………… 1.6 EVALUATION METHODOLOGY…………………………………………………………. 1.6.1 Evaluation Criteria…………………………………………………………… 1.6.2 Evaluation Committee………………………………………………………. 1.7 PROPOSAL SUMMARY…………………………………………………………………… 1.7.1 Procurement Schedule……………………………………………………… 1.7.2 Proposer’s Checklist………………………………………………………… 1.8 PROPOSAL SUBMISSION……………………………………………………………….…
1 1 1 1 1 2 2 2 2 2 3 3 3 3 5 6 6 6 6 6 6 7 7 7 7 8
2.0 PROJECT BACKGROUND AND SAWYER COUNTY/LCO/NAMEKAGON TRANSIT DESCRIPTION 2.1 ORIGIN OF THE PROJECT……………………………………………………………….. 9 2.2 SAWYER COUNTY/LCO/NAMEKAGON TRANSIT INTELLIGENT TRANSPORTATION SYSTEMS….…………………………………………………………………………………..….. 9 2.2.1 Purpose…..………………………………………………………………….… 9 2.3 CURRENT CONDITIONS…………………………………………………………………… 9 2.3.1 Description…………………………………………………………………….. 9 2.3.2 Description of Existing and Planned Services………………………….. 10 2.3.3 Operational Locations……………….……………………………………..… 10 2.4 CHARACTERISTICS OF SAWYER, WASHBURN AND BARRON COUNTIES…...….10
3.0 TECHNICAL SPECIFICATIONS 3.1 GENERAL OVERVIEW……………………………………………………………………. 11 3.1.1 SAWYER COUNTY/LCO/NAMEKAGON TRANSIT Objectives……….. 11
4.0 GENERAL TERMS AND CONDITIONS 4.1 GENERAL TERMS AND CONDITIONS………………………………………………….. 12 4.1.1 Award of Contract …………………………………………………………... 12 4.1.2 Bid Due Date………………………………………………………………….. 12 4.1.3 Bid Forms…………………………………………………………………..…. 12 4.1.4 Changes……………………………………………………………………….. 12 4.1.5 Changed Conditions of Performance (Including Litigation)…………. 13 4.1.6 Conditional Bids……………………………………………………………… 13 4.1.7 Contract Documents………………………………………………………… 13 4.1.8 Contractual Obligation of the Bidder/Proposer………………………… 13 4.1.9 Due Date……………………………………………………………………….. 13 4.1.10 Errors and Omissions……………………………………………………….. 14 4.1.11 Exclusionary or Discriminatory Specifications…………………………. 14 4.1.12 Familiarity with Bidding Documents……………………………………… 14 4.1.13 Financial Assistance Grant………………………………………………… 14 4.1.14 Indemnification………………………………………………………………. 14 4.1.15 Insurance Requirements……………………………………………………. 15 4.1.16 Intent of Procurement Document………………………………………….. 15 4.1.17 Interest of Members or Delegates to Congress………………………… 15 4.1.18 Liquidated Damages………………………………………………………… 15 4.1.19 Non-Collusion………………………………………………………………… 15 4.1.20 Pricing…………………………………………………………………………. 16 4.1.21 Privacy…………………………………………………………………………. 16 4.1.22 Prohibited Interest…………………………………………………………… 16 4.1.23 Protest Procedures………………………………………………………….. 16 4.1.24 Records Retention…………………………………………………………… 17 4.1.25 Rejection………………………………………………………………………. 17 4.1.26 Restrictions on Lobbying…………………………………………………… 17 4.1.27 Taxes…………………………………………………………………………… 17 4.1.28 Term of Payment……………………………………………………………… 18
5.0 QUALITY ASSURANCE PLAN 5.1 PROJECT MANAGER……………………………………………………………………… 18 5.1.1 Designation of Manager…………………………………………………….. 18 5.1.2 Single Point of Contact……………………………………………………… 18 5.1.3 Use of Contract Vendors…………………………………………………… 18 5.2 PRODUCTS OFFERED……………………………………………………………………. 18 5.2.1 Use of Existing Market Products………………………………………….. 18 5.2.2 Current Version……………………………………………………………….. 19 5.3 WARRANTY……………………………………………………………………………….… 19
5.4 TECHNICAL SUPPORT……………………………………………………………………. 19 5.4.1 Scope…………………………………………………………………………… 19 5.4.2 User Groups/Newsletters/Technical Bulletins………………………….. 19 5.5 INSTALLATION, TESTING, AND ACCEPTANCE……………………………………… 19 5.5.1 Access to SAWYER COUNTY/LCO/NAMEKAGON TRANSIT…………. 19 5.5.2 Acceptance………………………………………………………………….…. 20 5.6 TRAINING MANUALS AND DOCUMENTATION……..…………….…………………. 20 5.7 PAYMENT PROCEDURES…………………..………..………………..………………… 20
6.0 PROPOSAL FORMS AND CERTIFICATIONS 6.1
REQUIRED FORMS……………………………………………………………………… 21 6.1.1 Certification of Receipt of Addenda to the Request for Proposal…… 21 6.1.2 Cost Proposals……….……………………………………………………….. 21
6.2
REQUIRED CERTIFICATIONS……………………………………………………..…… Attachment A Bid Form…………………………………………........................... Attachment B Bid Guaranty…………………………………………………………. Attachment C Non Collusion Affidavit ……………………………………………. Attachment D Hold Harmless Agreement………………………………….….….. Attachment E Contractor Integrity ………………………………………….…..…. Attachment F No Lien Agreement ……….….……………………..………………
22 23 25 26 27 28 30
Attachment G Shah Software Verification ………………….…………….……… 33 Attachment H Clauses & Certifications Applicable to Small Purchases…….
34
Attachment I Anerican Recovery Reinvestment Act …….……......................
47
Attachment J Bidders Checklist ……………………………………………………. 50
1.0 Instructions to Vendor
1.1 Submission Instructions 1.1.1 Quantity The proposer shall submit one (1) original and two (2) copies of its technical proposal and, in a separate, sealed container, one (1) original and two (2) copies of the cost proposals. Any attachments or backup material will only require a single copy. 1.1.2 Due Date In order to be considered, proposals must be received at the offices of the Sawyer County/LCO/Namekagon Transit by 3:00 p.m. (CST) on Wednesday, July 24, 2013. Failure of the U.S. Postal Service, or other delivery service, to deliver proposal packages on time shall result in the proposal not being opened or considered. Proposals should be clearly marked “Sawyer County/LCO/ Namekagon Transit Hand Held Tablet Technology Devices & Telemetry Service Plan 2013” and delivered to: NAMEKAGON TRANSIT 9790 N County Rd K Hayward, WI 54843 Attention: Karen Melasecca Tel: (715) 634-6633 Fax: (715) 624-0276 1.1.3 Proprietary Information Any information contained in the proposal that the proposer considers proprietary must be clearly identified as such. The Sawyer County/LCO/Namekagon Transit will respect requests for non-disclosure of proprietary information to the extent that information so restricted conforms to the Freedom of Information Act and State Sunshine Laws. 1.1.4 Forms Section 6.0 of this solicitation contains certain forms that are mandatory in the proposal process. These forms must be executed and submitted in their exact format in order for the proposal to be considered responsive. Precise computer reproductions to expedite the proposal preparation process are acceptable.
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1.1.5 Availability of Electronic Version of this Document The Request for Proposals and all related forms contained herein are available electronically on VendorNet website http://vendornet.state.wi.us/vendornet/asp/login.asp and also in Microsoft Word format upon request from Namekagon Transit. Interested parties who desire a paper of Word electronic copy of this document should contact Ann Schleeter at
[email protected]. Files will be sent via e-mail to the requesting party. Sawyer County/LCO/Namekagon Transit does not warrant the integrity or format accuracy of any file or document sent in this manner. If anyone electronically accepts the RFP; they accept full responsibility to insure that no changes are made to the RFP. In the event a conflict between a version of the RFP in the bidder’s possession and the Sawyer County/LCO/Namekagon Transit version of the RFP, the Sawyer County/LCO/Namekagon Transit’s Office version shall govern 1.2
Questions Concerning the Project
1.2.1 Pre-Proposal Meeting The Sawyer County/LCO/Namekagon Transit will conduct a non-mandatory preproposal meeting at 10:00 a.m. on Tuesday, July 16, 2013 at the Administrative office of the Sawyer County/LCO/Namekagon Transit located at 9790 N County Rd K, Hayward, WI 54843. While not mandatory, Sawyer County/LCO/ Namekagon Transit strongly encourage all interested parties to attend this meeting. The purpose of the pre-proposal meeting will be to address issues and questions raised in our RFP by prospective proposers. A summary of issues raised in this meeting, and responses, will be issued in writing to all proposers to whom a copy of the RFP has been distributed. Consultants intending to attend this meeting should confirm their attendance with Ms. Ann Schleeter (715) 634-6633 x 221 by Monday, July 15, 2013. 1.2.2 Verbal and Written Questions Prospective proposers are encouraged to submit substantive questions, comments and concerns in writing if they are unable to attend the pre-proposal conference. Verbal questions will not be accepted. Written questions received no later than 10:00 a.m. on Tuesday, July 16, 2013 will be answered in writing and distributed to all consultants on the RFP distribution list. Questions should be addressed to Karen Melasecca of the Sawyer County/LCO/Namekagon Transit at the above postal address and the following e-mail address. All questions should come in writing. 1.3
On-Site Interviews
Sawyer County/LCO/Namekagon Transit reserves the right to conduct on-site interviews with one or more of the top ranked proposers as part of the contractor evaluation and selection process. SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT further reserves the right to request demonstration of any hardware 2
product or technology contained in the proposer’s offer, and to request the proposer to demonstrate the capabilities of its product. 1.4 Proposal Format 1.4.1 General The Scope of Services has described, from a functional standpoint, elements of the Integrated Mobile Tablet Devices that would aid SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT in its daily mission of providing quality transit service in an economical manner. It is our intent to provide proposers the opportunity to offer proven products, customized only to the extent necessary to meet the project objectives. Sawyer County/LCO/Namekagon Transit may not have addressed all functional elements of a particular vendor’s product. Such omissions are not intended to mean that SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT does not desire to have that functional element as part of the product to be purchased under this procurement. A full-featured, functionally diverse product is required. Proposers shall prepare submissions in two parts: a technical proposal and a separate, sealed cost proposal pursuant to instructions contained in this section. Definitions The term “manufacturer”, “vendor”, or “supplier” used in these specifications means the concern, or its duly authorized representative, accepting the order to furnish and deliver materials and/or services covered by these specifications. The term “purchaser” refers to the NAMEKAGON TRANSIT. 1.4.2 Submission of Supplemental Material Proposers will be permitted to submit any additional information they consider relevant to the project scope of work and the project at hand. Such supplemental materials, if submitted, must be in addition to the proposal, not contained in the proposal itself. The proposal should be formatted in accordance with Section 1.4.3 of the RFP. 1.4.3 Minimum Requirements – Technical Proposal At a minimum, each technical proposal should contain the following elements: •
Understanding of the Project – Based on information contained in this RFP, as well as information obtained in subsequent addenda, preproposal meetings, and other materials available from Sawyer County/LCO/Namekagon Transit, the proposer should indicate, in written narrative, how the product proposed will facilitate Sawyer County/LCO/Namekagon Transit’s goals for implementation of this project and the overall project. Proposers should demonstrate a 3
thorough understanding of Sawyer County/LCO/Namekagon Transit’s overall objective of improving the quality of transportation services to its customers in implementing the plan. •
Product Description – Proposers shall fully describe the product being offered as part of this submission. Capabilities and features should be described in the context of the application to Sawyer County/LCO/Namekagon Transit transportation services and the benefits gained from implementing and using the product. Proposers must list all product components or modules necessary to fully implement the project, including third parties
•
Quality Assurance Plan – Proposers shall describe in detail their management strategies for overall quality assurance of the Hand Held Tablet product. At a minimum, proposers must address: Maintenance, Support, and Upgrades – Describe the proposers’ network of technical support during the project, focusing both on the critical initial implementation period as well as long-term operation. Describe procedures for rendering support both during system installation and after system is fully functional including the availability of technicians to provide on-site repairs and remote assistance to SAWYER COUNTY/LCO NAMEKAGON TRANSIT technical staff. Technical support policies and pricing must be explained in detail. Future system upgrade policies and pricing must be described and will be a factor in the award.
•
Experience – Proposers must provide a corporate profile indicating their qualifications to provide the required product and support necessary to achieve Sawyer County/LCO/Namekagon Transit objectives for the project. Proposers must submit a list of other transit systems or vendors where the proposed application(s) have been installed, along with a project contact, address, telephone number, facsimile number, and e-mail address must be provided.
•
Required Forms and Certifications – The proposer must indicate its compliance with certain Federal and state executive orders, laws, statutes, and regulations to be considered for award: o Acknowledgement of Receipt of Addenda (submit whether or not any addenda are issued) o Bid Guaranty o Non-Collusion Affidavit o Hold Harmless Agreement o Contractor Integrity o No Lien Agreement o Shah Software compatibility Verification o Required Federal Clauses o American Reinvestment and Recovery Act 4
1.4.4 Cost Proposal The Sawyer County/LCO/Namekagon Transit wishes to procure a turn-key solution that minimizes hidden or implied costs. Therefore any and all costs should be detailed within the cost proposals. Cost Factors Used in Proposal Evaluation. SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT is requesting that proposers identify the following items as part of its base cost proposal. Each item must be listed separately: ▫ Product Purchase or Licensing Cost – The cost of 23 with the option of 2 additional Hand Held Tablet Technology product(s) and any user licenses if necessary included in the price, must be stated by the proposer. ▫ Data Telemetry Service Plan - Activation and ongoing monthly/annual data service telemetry plan price shall be included for all devices. The first two (2) years are to be included in the proposal. Provide pricing for both the following options: i. 5MB per vehicle per month. This will support monthly manifest requirements and GPS reporting rates of approximately 2-3 minutes on average. ii. 10 MB per vehicle per month. This will support monthly manifest requirements and GPS reporting rates of approximately 1 minute on average. ▫ Pooling - include the option to “pool” MB across all units reducing the risk that one vehicle may go over the allotted MB per month, while another vehicle is under the limit. ▫ Software Customization Costs - Any supplemental costs associated with the proposer’s need to customize the software to meet SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT ’s need above and beyond that normally provided by the vendor as part of the software purchase or license price must be identified. ▫ Related Third Party Software Costs – All other software necessary to operate the scheduling system or to support Maintenance of the system recommended by the vendor should be identified. All such products must be purchased by the proposer and licensed to the NAMEKAGON TRANSIT. ▫ Maintenance and Support - Ongoing Maintenance and technical support price shall be included. The first two (2) years are to be included in the proposal. ▫ Other Costs – Any other costs not identified above that are integral to the implementation of the proposed product. 5
THE ABOVE LISTED ITEMS SHALL BE CONSIDERED IN Sawyer County/LCO/Namekagon Transit ’S EVALUATION OF THE PROPOSER’S COST FOR THE PROJECT. Disclosure of Cost Information. The information requested is required to support the reasonableness of the proposed cost and distribution of expenses and is for the review of the evaluation committee only. It will not be shared with other proposers or released to the general public except in the form of total contract value. The prices and rates for personnel, overhead and profit must be binding for the life of the contract if a Notice to Proceed is issued by SAWYER COUNTY/ LCO/NAMEKAGON TRANSIT within twenty-three (23) days of the proposal due date of July 24, 2013. The “Total Estimated Cost” must be binding for this period and will become the “Not to Exceed” amount issued with the Notice to Proceed. 1.5 Contract 1.5.1 Award of Contract The Sawyer County/LCO/Namekagon Transit anticipates award of a contract on or by August 7, 2013. A Notice to Proceed is anticipated within two (2) weeks, following contract negotiations and receipt of necessary documentation, such as insurance certificates, etc. from the selected vendor. 1.5.2 Contract Type Sawyer County/LCO/Namekagon Transit will enter into a firm, fixed price contract with the selected vendor. 1.5.3 Time for Completion Sawyer County/LCO/Namekagon Transit will negotiate with the highest ranked proposer to establish a project schedule based on the proposed schedule submitted in Section 1.4.3 of the proposal. 1.6 Evaluation Methodology 1.6.1 Evaluation Criteria Proposals for this project shall be evaluated by a committee using the following rank-ordered criteria with their respective weights: ▫ Capability of the Proposed product to Meet SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT technology integration and user needs – 25% ▫ Experience and Installation Base of the Proposer – 5% ▫ Ongoing Technical Support – 20% ▫ Cost – 50% 6
1.6.2 Evaluation Committee Sawyer County/LCO/Namekagon Transit shall form an Evaluation Committee for this solicitation, made up of department managers within the organization and Transit Board or appointed Officials. Proposers shall not contact any member of the Evaluation Committee during this procurement other than the contact names specified in the RFP. Each committee member will review all proposals individually and complete an evaluation form. Once all forms are completed and tabulated, the committee will convene to recommend a vendor and a vendor shall be selected. Interviews between the committee and finalists may or may not be necessary. 1.7 Proposal Summary 1.7.1 Procurement Schedule Advertisement of Request for Proposals Pre-Proposal Conference Proposal Due & Open Proposal Evaluation & Selection by Committee Contract Award
June 12, 2013 July 16, 2013 July 24, 2013 July 10, 2013 August 7, 2013
1.7.2 Proposer’s Checklist In order to facilitate the submission of complete proposals, proposers should consider the following items in preparation of their submissions (this checklist is not required to be submitted with the proposal): •
Pre-Submission:
[ ] Request for proposals received and thoroughly read. [ ] Understand overall Sawyer County/LCO/Namekagon Transit program goals and objectives. [ ] Attendance at July 16, 2013 pre-proposal meeting (optional, but highly recommended) [ ] Questions concerning the solicitation documents and project in general submitted to the Sawyer County/LCO/Namekagon Transit by 10:00 a.m. July 16, 2013 (optional). •
Technical proposal prepared including the following elements:
[ ] Description of the proposer’s understanding of the project. 7
[ ] Technical description of the proposer’s product. [ ] Quality assurance plan, including details on project quality control; Maintenance, technical support, and upgrades. [ ] Experience statement including a description of the firm’s history and user base, including a list of installed sites for each product offering with identification and contact information. [ ] Description of involvement by disadvantaged business enterprise, if any. •
The following forms have been executed by an authorized official of the proposer and are included in the technical proposal: Required Certifications are in ATTACHMENTS A-J
[ ] Attachment A
Bid Form
[ ] Attachment B
Bid Guaranty
[ ] Attachment C
Non Collusion Affidavit
[ ] Attachment D
Hold Harmless Agreement
[ ] Attachment E
Contractor Integrity
[ ] Attachment F
No Lien Agreement
[ ] Attachment G
Shah Software Verification
[ ] Attachment H
Clauses & Certifications Applicable to small purchases
[ ] Attachment I
American Recovery and Reinvestment Act (ARRA)
[ ] Attachment J
Bidders Checklist
[ ] Most Current Dun and Bradstreet Report or proof of corporate financial stability
•
Cost proposal prepared including the following elements:
[ ] Cost Proposals– Submit in a separate, sealed container. 1.8 Proposal Submission [ ] One (1) unbound and two (2) copies of the technical proposal, one (1) unbound and two (2) copies of the cost proposals in a separate, sealed container, submitted by 3:00 p.m. (CST) on July 24, 2013.
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2.0
Project Background and Sawyer County/LCO/Namekagon Transit Description
2.1 Origin of the Project Sawyer County/LCO/Namekagon Transit plans to equip all twenty-three (23) Drivers with Hand Held Tablets. SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT reserve the option to purchase an additional two (2) devices at proposal price. The Hand Held Tablet product must be compatible with Shah Scheduling/Dispatching software application. All bidders must contact Shah Software (Attachment F) to verify that the proposed devices are Shah Software supported devices: Sawyer County/LCO/Namekagon Transit requires the following three (3) components to integrate the Shah Scheduling/Dispatching software application with a tablet mobile device; 1. 23 plus optional 2 additional tablet technology devices/hardware 2. Telemetry plan 3. Optional device carry cases/holster equipment (clip on, belt loop, pocket protectors etc.) 2.2 Sawyer County/LCO/Namekagon Transit Intelligent Transportation Systems 2.2.1 Purpose The purpose of this project is to replace onboard fixed mount terminals and paper driver manifests. This project is designed to integrate our Shah scheduling/dispatching software with Hand Held Tablet devices. 2.3 2.3.1
Current Conditions Description
The project as described herein encompasses the Sawyer County/LCO/ Namekagon Transit as a multi-county public transit agency situated in the midnorthern region of Wisconsin. It provides a number of public transportation services to residents of Sawyer, Washburn and Barron Counties covering over 3,000 square miles. Sawyer County/LCO/Namekagon Transit travels approximately 830,000 miles annually providing approximately 93,000 passenger trips. The Hand Held Tablet technology will enhance SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT‘s safety and security while transporting clients. Providing efficient transportation service and the safety of our clients, drivers and vehicles are of utmost priority which is why Hand Held Tablet Technology integrated with our scheduling/dispatching software is a necessity. Schedule changes and 9
cancellations would be accurately relayed to drivers both onboard and off board the vehicle, which would increase efficiency and productivity. Being in a large rural area this is a substantial benefit for our transportation services. Providing transportation services is the primary objective of Sawyer County/LCO/Namekagon Transit; this translates into ridership. If Sawyer County/LCO/Namekagon Transit is to grow and continue to be a viable part of the community, ridership development and growth must be at the forefront of Sawyer County/LCO/Namekagon Transit’s plans for the future. To some extent, all other goals either directly or indirectly support this one goal. 2.3.2
Description of Existing and Planned Services
Existing Services. Sawyer County/LCO/Namekagon Transit offers both Fixed/Deviated Fixed Routes (Public Buses) and Door Stop demand response transportation services. Sawyer County/LCO/Namekagon Transit services are offered seven (7) days per week. Employees of the Sawyer County/LCO/Namekagon Transit operate all services. Sawyer County/LCO/Namekagon Transit maintains a fleet of twenty-six (25) revenue vehicles with; three (3) vehicles deployed out of Washburn County, two (2) vehicles deployed out of Radisson, WI, one (1) vehicle deployed out of Barron County, and nineteen (19) deployed out of Hayward, WI. Sawyer County/LCO/Namekagon Transit transportation services are offered within Sawyer, Washburn and Barron Counties, and southern Bayfield County. 2.3.3 Operational Locations Sawyer County/LCO/Namekagon Transit Administrative and Operations Facility: NAMEKAGON TRANSIT 9790 N. County Rd K Hayward, WI 54843 2.4 Characteristics of Sawyer, Washburn and Barron Counties Sawyer, Washburn and Barron Counties are located in the northwestern portion of Wisconsin. The Sawyer County/LCO/Namekagon Transit Door Stop program covers 3,000 square miles of some very rough and unpaved rural terrain. Many of our well travelled roads are dirt roads and many areas do not have dependable cell phone voice reception. 10
3.0 Technical Specifications
3.1 General Overview 3.1.1 Sawyer County/LCO/Namekagon Transit Objectives Sawyer County/LCO/Namekagon Transit desires to acquire twenty-three (23), with the option to purchase an additional two (2), Hand Held Tablet devices that are capable of meeting the Namekagon Transit’s needs in a variety of transportation services. Specifically, the product must have the following: 1. Integration - Sawyer County/LCO/Namekagon Transit requires the software product to be integrated in functionality with Shah scheduling/ dispatching software module. All bidders must contact Shah Software (Attachment G) to verify that the proposed devices are Shah supported devices. 2. Telemetry Plan – Provide pricing for both the following options: •
5MB per vehicle per month (This will support monthly manifest requirements and GPS reporting rates of approximately 2-3 minutes on average.)
•
10 MB per vehicle per month (This will support monthly manifest requirements and GPS reporting rates of approximately 1 minute on average.)
3. Internet routable IP addresses - Plans will need to have dynamic, or static internet routable IP addresses with the data plans purchased. Wireless accounts must be able to reach the internet. Also the plan/connectivity option must NOT close any ports on the carrier firewall when there is no inbound activity. 4. Pooling - include an option to “pool” MB across all units reducing the risk that one vehicle may go over the allotted MB per month, while another vehicle is under the limit.
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4.0 General Terms and Conditions 4.1 General Terms and Conditions 4.1.1 Award of Contract The award of contract will be made to the responsive and responsible proposer ranked highest in the evaluation process described in the Instructions to Bidders. For the “Request for Proposal” format, the determination of the successful bidder will balance price, responsiveness to the specifications, suitability of the services offered and experience of the proposer in providing the goods and services required with weightings in accordance with the Instructions to Bidders. The Sawyer County/LCO/Namekagon Transit reserves the right to accept or reject any or all proposers. The proposal may be awarded without any further discussion. All contractors submitting bids or proposals will be notified in writing as to the outcome of all bids. 4.1.2 Bid Due Date Sealed proposals must be delivered to the NAMEKAGON TRANSIT, 9790 N County Rd K, Hayward, WI 54843 no later than the date and time stated in the solicitation advertisement. In order to be considered, proposals must be received at the offices of the Sawyer County/LCO/Namekagon Transit by 3:00 p.m. (CST) on Wednesday, July 24, 2013. Bids or proposals received after this date and time shall be considered unresponsive and will not be considered. 4.1.3 Bid Forms Bids must be submitted with forms provided in Section 6.0 of this RFP “Proposal Forms and Certifications”. Bidders may replicate the forms (i.e., for the purpose of work processing the entire document) but replicated forms must exactly match the originals. Replicas that do not match the original form will result in the submission being found non-responsive and rejected (Copies of the forms are available in electronic format). 4.1.4 Changes The Sawyer County/LCO/Namekagon Transit reserves the right to postpone bid opening for its own convenience and to reject any or all bids. Bid may be awarded without further discussion or notification of bidders. Changes to the specifications will be made by addendum.
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Prime contractors may make appointments to discuss these specifications. This, however, does not relieve them from reducing the request to writing and providing full written documentation for the request. Change orders once a contract is issued must be approved by the Sawyer County/LCO/Namekagon Transit in writing. 4.1.5 Changed Conditions of Performance (Including Litigation) The proposer agrees to notify the SAWYER COUNTY/LCO/ NAMEKAGON TRANSIT immediately of any change in law, conditions, or any other event that may significantly affect the proposer’s ability to perform the project in accordance with the terms of the Contract. In addition, the proposer agrees to notify the Sawyer County/LCO/Namekagon Transit immediately of any decision pertaining to the proposer’s conduct of litigation that may affect the Sawyer County/LCO/Namekagon Transit’s interests in the Project. Before the proposer may name the Sawyer County/LCO/Namekagon Transit as a party to litigation for any reason, in any forum, the bidder/proposer agrees to inform the Sawyer County/LCO/Namekagon Transit. 4.1.6 Conditional Bids Conditional Bids, or those which take exceptions to the specifications, will be considered non-responsive and will be rejected. 4.1.7 Contract Documents This Request for Proposals, including, General Conditions and Specifications with notes or changes made thereon before signing, along with the Contractor’s proposal, are the documents forming the Contract. The Contractor shall only be authorized to begin incurring costs on the project upon receipt of a properly executed “Notice to Proceed” from the Sawyer County/LCO/Namekagon Transit. 4.1.8 Contractual Obligation of the Proposer Each proposal shall be submitted with the understanding that the acceptance in writing by the Sawyer County/LCO/Namekagon Transit of the offer to supply goods and services described therein shall constitute a contract between the proposer and the purchaser, which shall bind the proposer on his or her part to furnish and deliver at the bid price in accordance with the conditions of said accepted proposal and specifications. 4.1.9 Due Date All bids or proposals are due at the Sawyer County/LCO/Namekagon Transit, 9790 N County Rd K, Hayward, WI 54843 at or before the time and date indicated in the 13
solicitation or otherwise altered by formal addenda. Any bid or proposal received after the time/date indicated will be found non-responsive and rejected. 4.1.10 Errors and Omissions The supplier will not be allowed to take advantage of any errors or omissions in the specification. Full instructions to correct errors or omissions will be given to the supplier, should errors or omissions be called to the attention of the Sawyer County/LCO/Namekagon Transit. 4.1.11 Exclusionary Or Discriminatory Specifications The Sawyer County/LCO/Namekagon Transit is prohibited by Federal and State law from using exclusionary or discriminatory specifications for work. If the bidder/proposer believes that the specifications included in this solicitation are exclusionary or discriminatory, it should avail itself of the Bid Protest Procedure described elsewhere in this document. 4.1.12 Familiarity with Bidding Documents Each bidder/proposer shall thoroughly examine and be familiar with all the contract documents, including but not limited to the legal and procedural documents, bid conditions, specifications and addenda, if any, as well as any related requirements of these bid conditions and specifications. The submission of a proposal shall constitute an acknowledgement that the bidder/proposer has thoroughly examined and is familiar with the contract documents and specifications in every detail. 4.1.13 Financial Assistance Grant The products and/or services described in this Request for Proposals are to be purchased with the assistance of monies from the Wisconsin Department of Transportation (WisDOT) funding and/or the Federal Transit Administration (FTA) of the U.S. Department of Transportation (USDOT) ) as authorized under 49 U.S.C. § 5311 – Nonurbanized Area – Economic Recovery (Capital Investment Grants, CFDA 20.500). The successful proposer and all subcontractors will be required to comply with all terms and conditions prescribed for third party contracts in a grant contract between the State of Wisconsin, the Federal Transit Administration and the Sawyer County/LCO/Namekagon Transit. 4.1.14 Indemnification The bidder/proposer agrees it shall indemnify and hold harmless the Sawyer County/LCO/Namekagon Transit from and against all claims, losses, damages, liabilities, causes of action, suits, judgments, including but not limited to attorney fees, costs and related expenses, arising out of personal injury, death or property damage for which the bidder/proposer, its agents, subcontractors or employees shall be held legally responsible. 14
4.1.15 Insurance Requirements The bidder/proposer shall obtain and thereafter maintain and pay the premiums for insurance of the types and the limits that it deems sufficient for its protection. Copies of all applicable certificates of insurance are to be submitted to the Sawyer County/LCO/Namekagon Transit prior to a notice to proceed being issued. 4.1.16 Intent of Procurement Document The intent of this procurement document is to require the bidder to deliver the products and/or services of the type described. All goods purchased under this procurement shall be new. In no case will used, reconditioned or obsolete parts be accepted. The technical specifications or scope of services included in this procurement indicate the minimum requirements unless otherwise indicated. Only services provided by suppliers who have demonstrated experience in this field will be considered. The products offered shall be of high grade. The proposal shall include a complete description of each product or service to be furnished. 4.1.17 Interest of Members or Delegates to Congress No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or receive any benefit arising there from. 4.1.18 Liquidated Damages The Sawyer County/LCO/Namekagon Transit intends to apply a liquidated damages clause to this project because it reasonably expects to incur increased project and operating expenses from the late completion of the contract. Sawyer County/LCO/Namekagon Transit shall require proposers to specify, pursuant to the submittal instructions, a detailed time schedule for delivery. Proposers shall be accountable to their delivery schedule. The specific rate for liquidated damages shall be $25.00 per calendar day of project overrun. The Sawyer County/LCO/Namekagon Transit agrees to apply any recovered liquidated damages to the Project Account unless the Sawyer County/LCO/ Namekagon Transit receive permission from its regulatory agencies to do otherwise. 4.1.19 Non-Collusion The proposer guarantees that the proposal submitted is not a product of collusion with any other proposer and no effort has been made to fix the proposal price of 15
any proposer or to fix any overhead, profit or cost element of any proposal price. The proposer so certifies through attachment of a properly executed Non-Collusion Certification. 4.1.20 Pricing The price quoted shall include all items of labor, materials, tools, equipment and other costs necessary to fully complete the delivery of the products and/or services described herein. 4.1.21 Privacy To the extent the proposer or any subcontractor or their employees administers any system of records on behalf of the Sawyer County/LCO/ Namekagon Transit or Federal Government, the proposer agrees to comply with, and assures the compliance of each affected subcontractor at any tier, and their employees with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. Section 552 (the Privacy Act). 4.1.22 Prohibited Interest No member, officer, or employee of the Sawyer County/LCO/Namekagon Transit during his or her tenure or for one year thereafter, shall have an interest, direct or indirect, in this contract or the proceeds thereof. 4.1.23 Protest Procedures 1. Any party aggrieved by a solicitation or award of a contract may protest to the Namekagon Transit’s Transit Manager, in writing, within seven (7) days after such aggrieved party knew or should have known of the facts giving rise thereto. 2. Such protest shall include the detailed facts leading up to the protest. 3. The Transit Manager is authorized to settle and resolve any protest relating to the solicitation or contract award. 4. In the absence of a settlement, the Transit Manager shall make his or her decision known, in writing, within one week of receipt of the protest. Such decision shall respond, in detail, to each substantive issue raised in the protest. 5. A pending protest shall halt the procurement until the controversy is resolved, unless, in the opinion of the Transit Manager, the award of the contract without delay is necessary to protect the substantial interests of the Namekagon Transit. o The written decision of the Transit Manager shall be final, binding, 16
and conclusive on the parties. o Protests should be transmitted to: Transit Manager NAMEKAGON TRANSIT 9790 N County Rd K Hayward, WI 54843 o Protests will only be entertained by the Federal Transit Administration if the aggrieved party is alleging that the Sawyer County/LCO/ Namekagon Transit does not have, or is failing to follow, written protest procedures. o Pursuit of a protest beyond the decision of the Transit Manager must Take place in the appropriate State or Federal court holding jurisdiction. 4.1.24 Records Retention the bidder/proposer agrees to maintain intact and readily accessible, all data, documents, reports, records, contracts and supporting materials relating to the Project for the duration of the Project and for a period of not less than three (3) years thereafter. 4.1.25 Rejection Failure of any of the material, or of a sample or samples thereof to satisfactorily meet inspection will be cause for rejection of the material furnished under this specification. The supplier shall pay rejected material transportation charges both ways. At the Namekagon Transit’s option, the supplier may be required to rectify any situation arising from improper delivery or delivery of inadequate materials. Such correction shall be made within 24 hours of request. 4.1.26 Restrictions on Lobbying The bidder/proposer agrees that it will not use funds from this Contract to support lobbying activities. 4.1.27 Taxes The Sawyer County/LCO/Namekagon Transit is exempt from payment of all federal, state and local taxes in connection with this purchase and said taxes shall not be included in the pricing. The Sawyer County/LCO/ Namekagon Transit will provide necessary tax exempt certificates to the supplier upon request.
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4.1.28 Term of Payment The Contractor shall submit an invoice based on the vendor’s proposed payment scheduled submitted with the proposal and as negotiated with Sawyer County/ LCO/ Namekagon Transit to contract execution. Payment will be conditioned upon successful completion, to Sawyer County/LCO/Namekagon Transit’s satisfaction, of all applicable work necessary to consider the project milestone complete. Payment by the Sawyer County/LCO/Namekagon Transit will be made within thirty (30) days of receipt of an approved invoice.
5.0
Quality Assurance Plan
5.1 Project Manager 5.1.1 Designation of Manager The proposer’s project manager shall be the sole point of contact between the vendor and Sawyer County/LCO/Namekagon Transit for all business matters concerning product purchase through product delivery. This individual shall be named in the proposal and a resume of the individual’s qualifications to oversee this project shall be detailed. 5.1.2 Single Point of Contact Sawyer County/LCO/Namekagon Transit recognizes that other individuals will lead some phases of work during the project. It is out intent, however, to have one individual in an authoritative position to represent the proposer in all aspects of the project. 5.1.3 Use of Contract Vendors Sawyer County/LCO/Namekagon Transit shall require only individuals employed by the proposer to work on this project. The use of third party contractors, who may not have the experience with the proposer’s product, shall be prohibited. 5.2 Products Offered 5.2.1 Use of Existing Market Products Sawyer County/LCO/Namekagon Transit does not desire to purchase products that represent beta versions or products that have not been installed and have proven in operational environments in the United States.
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5.2.2 Current Version Sawyer County/LCO/Namekagon Transit requires the proposer to offer the latest, tested release version of each product included in this proposal. 5.3 Warranty Sawyer County/LCO/Namekagon Transit requires that the successful proposer provide a warranty for the Hand Held Tablet products offered to perform as described in the proposal response for a period of four (4) years after date of acceptance. The first two (2) years are to be included in the proposal. 5.4 Technical Support 5.4.1 Scope Sawyer County/LCO/Namekagon Transit requires the proposer offer full technical support for the first two years as part of its cost proposal effective immediately upon system acceptance. This technical support shall include, but not necessarily be limited to: • • •
Toll-free, phone support with service technician/engineer during all operating hours maintained by Sawyer County/LCO/Namekagon Transit Provision of diagnostics/repairs by working with Sawyer County/LCO/ Namekagon Transit’s staff Product upgrades, new releases, patches, etc. during the first year.
5.4.2 User Groups/Newsletters/Technical Bulletins Proposer shall immediately include Sawyer County/LCO/Namekagon Transit, after notice of award, to all mailing lists to receive product newsletters, e-mail announcements, bulletins, or other technical matters concerning all software products offered. If the proposer operates a web-based program of support, Sawyer County/LCO/ Namekagon Transit shall be given access rights upon notice of award. If the proposer offers training classes, refresher courses, or sponsors organized user groups, such support shall be listed in the vendor’s proposal. 5.5 Installation, Testing, and Acceptance 5.5.1 Access to Sawyer County/LCO/Namekagon Transit
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Throughout the period of purchase and delivery, Sawyer County/LCO/ Namekagon Transit shall designate an on-site project manager to coordinate the vendor’s local installation efforts. All contact with Sawyer County/LCO/ Namekagon Transit regarding project matters shall be coordinated through the Sawyer County/LCO/Namekagon Transit project manager. • Product performance – each product shall be tested to confirm that it is free from defects in design, material, workmanship and is capable of sustained performance in the operating environment. Errors, Corrections, and Fixes. If, after Sawyer County/LCO/Namekagon Transit testing, the product does not perform to specifications, vendor representations, or in accordance with customization required by Sawyer County/LCO/Namekagon Transit, vendor shall be given 30 calendar days after notification of the problem to remedy the issue. Final Testing. Upon satisfactory fix of all software bugs, integration problems, etc., Sawyer County/LCO/Namekagon Transit will again commence a final testing period to verify that the vendor has addressed the identified problems. 5.5.2 Acceptance After final testing is completed to the satisfaction of Sawyer County/LCO/ Namekagon Transit, the Project Manager will issue a letter of acceptance to the vendor. 5.6 Training Manuals and Documentation Vendor shall provide one (1) copies of the product manuals for each device, as part of this procurement. Information included in the documentation must include, but is not limited to: • • • • • • •
Overview/Description of document Installation guides Maintenance documentation Troubleshooting guides Diagnostic procedures Inspection procedures Detailed Warranty/support coverage
5.7 Payment Procedures Sawyer County/LCO/Namekagon Transit will issue progress payments to the vendor based on completion of delivery and final acceptance of the 23 devices with option to purchase 2 more. Proposers shall indicate a proposed schedule for delivery date linking payment date to the specific elements contained this document. 20
6.0 Proposal Forms and Certifications 6.1 Required Forms 6.1.1 Certification of Receipt of Addenda to the Request for Proposal All persons or firms submitting a proposal in response to this RFP must certify receipt of any addenda issued by the Sawyer County/LCO/Namekagon Transit under this solicitation. 6.1.2 Cost Proposals Required Forms-All proposals must be accompanied, under separate sealed envelope, the required Cost Proposal details as stated in this RFP. Refer to Section 1.0 for specific submittal instructions. The Cost Proposal contains specific categories that must be submitted by the proposer for purposes of price evaluation by Sawyer County/LCO/Namekagon Transit. If a particular cost item is included as part of the cost proposal for another item, the proposal shall so state. 6.2 Required Certifications Forms for each required certification are contained in this Request for Proposal Attachments A-J and are required for a proposal to be considered responsive to these specifications. FAILURE TO COMPLETE THESE FORMS AND SUBMIT WITH YOUR BID WILL RENDER THE BID NONRESPONSIVE.
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NAMEKAGON TRANSIT
Hand Held Tablet Technology Devices & Telemetry Service Plan
ATTACHMENTS (A THRU J)
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ATTACHMENT A (PAGE 1 OF 2) BID FORM Sawyer County/LCO/Namekagon Transit 9790 N County Rd K Hayward, WI 54843 BIDDER: _____________________________________________________ ADDRESS: ____________________________________________________ PHONE/FAX/E-MAIL: ___________________________________________ Date: ________________________
In conformity with and acceptance of the technical specifications and drawings and the Contract Documents, including all the clauses attached to this document, the undersigned submits this Bid and guarantees the validity of same for a period of ninety (90) days after date hereof. It is understood that this Bid Form and all attached clauses, technical specifications and drawings, and documents, constitutes a legal and binding contract when accepted and signed by the Namekagon Transit, to proceed with the purchase of the goods and services intended by this bid. It is hereby certified that the undersigned is the only person(s) interested in this Bid as principal, and that the bid is made out without collusion with any person, firm, or corporation. Bidder agrees that, if awarded the contract, bidder will furnish and deliver all materials, and will execute the contract in accordance with the general provisions, technical specifications and drawings to the complete satisfaction and acceptance of the Namekagon Transit. It is understood that the Namekagon Transit reserves the right to reject any or all bids or part thereof or items therein and to waive technicalities required for the interest of Sawyer County/LCO/Namekagon Transit. It is further understood that competency and responsibility of bidders will receive consideration before the award of the contract, and that the judgment of Sawyer County/LCO/Namekagon Transit shall be binding on these considerations. The bidder agrees that bidder will not assign the bid or any of bidder’s rights or interests hereunder without the written consent of Sawyer County/LCO/Namekagon Transit. The bid as called for is submitted in the space below: All prices include materials, delivery, equipment, installation, disposal and construction costs.
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ATTACHMENT A (PAGE 2 OF 2) BID FORM
THE UNDERSIGNED ACKNOWLEDGES ADDENDA TO THE RFP:
RECEIPT
OF
THE
ADDENDUM NO. _____
DATED___________
ADDENDUM NO. _____
DATED___________
FOLLOWING
________________________________________________________________________ NAME OF INDIVIDUAL, PARTNERSHIP, OR CORPORATION ________________________________________________________________________ ADDRESS _________________________________________________________ AUTHORIZED PERSON SIGNATURE _________________________________________________________ TITLE DATE
BY EXECUTION BELOW, THE SAWYER COUNTY/LCO/NAMEKAGON TRANSIT ACCEPTS OFFER AS INDICATED ABOVE: ________________________________________________________________________ SAWYER COUNTY/LCO/NAMEKAGON TRANSIT OFFICER SIGNATURE _________________________________________________________ TITLE _________________________________________________________ DATE OF AWARD AMOUNT OF AWARD
(FAILURE TO COMPLETE THIS FORM AND SUBMIT WITH YOUR BID WILL RENDER THE BID NON-RESPONSIVE)
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ATTACHMENT B BID GUARANTY THE BID SHALL NOT BE WITHDRAWN BEFORE THE EXPIRATION OF NINETY (90) DAYS FROM THE DATE OF BID OFFERING. THE BIDDER AGREES TO ACCEPT AS FULL COMPENSATION FOR EACH ITEM THE UNIT PRICES NAMED THEREFORE IN SCHEDULE OF PRICES PROPOSED. THE BIDDER SHALL ACKNOWLEDGE THIS PROPOSAL BY SIGNING AND COMPLETING THE SPACES PROVIDED BELOW. (IF AN INDIVIDUAL, PARTNERSHIP, OR NON-INCORPORATED ORGANIZATION) SIGNATURE OF BIDDER:
WITNESS:
___________________DATE ________
_____________________DATE _______
ADDRESS OF BIDDER: ___________________________________________ (ATTACH NAMES AND ADDRESSES OF MEMBERS OF THE FIRM)
IF A CORPORATION
SIGNATURE OF BIDDER:
WITNESS:
___________________DATE ________
______ ___________DATE _______
BUSINESS ADDRESS: ___________________________________________
INCORPORATED UNDER THE LAWS OF THE STATE OF ____________________ CORPORATE SEAL IMPRINT BELOW:
(FAILURE TO COMPLETE THIS FORM AND SUBMIT IT WITH YOUR BID WILL RENDER THE BID NON-RESPONSIVE)
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ATTACHMENT C NON-COLLUSION AFFIDAVIT TO: Sawyer County/LCO/Namekagon Transit, Hayward, Wisconsin I hereby swear or affirm under the penalty of perjury: (1) That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership), or an officer or employee of the bidder having Corporation authority to sign on its behalf (if the bidder is a corporation); (2) That the attached bid or bids have been arrived at by the bidder independently and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit independent bidding or competition; (3) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such persons prior to the official opening of the bid or bids, and; (4) That I am not on the Comptroller General’s List of Ineligible Contractors. (5) That I have fully informed myself regarding the accuracy of the statements made in the affidavit. Signed:__________________________________
Firm: __________________________________ Subscribed and sworn to before me This _____ day of _________________ 20____ _______________________________________ Notary Public My Commission Expires _____________ 20___ Proposer’s Federal Employer Identification No. ___________________________ (As used on employer’s quarterly Federal Tax Return) (FAILURE TO COMPLETE THIS FORM AND SUBMIT WITH YOUR BID WILL RENDER THE BID NON-RESPONSIVE) 26
ATTACHMENT D HOLD HARMLESS AGREEMENT KNOW ALL MEN BY THESE PRESENTS, THAT ________________________________ hereinafter called CONTRACTOR, has entered or will enter into an Agreement with Sawyer County/LCO/Namekagon Transit hereinafter called the OWNER for the
Sawyer County/LCO/Namekagon Transit Hand Held Tablet Technology Devices & Telemetry Service Plan NOW, THEREFORE, in consideration of the award of said Contract to the CONTRACTOR, as well as other good and valuable consideration, CONTRACTOR, intending to be legally bound hereby, agrees to indemnify and save harmless the OWNER, and ENGINEER, from and against all claims, damages, losses and expenses (including attorney’s fees) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense; (a) is attributable to bodily injury, sickness, disease or death, or to injury or destruction of property (real or personal) including loss of use resulting there from; and (b) is also caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed or controlled by any one of them regardless of whether or not said claim, damage, loss or expense is caused in part by any of the named parties above. The obligations of the CONTRACTOR to ENGINEER under this paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (b) the giving of or the failure to give directions or instruction by ENGINEER, his agents or employees provided that such giving or failure to give is the primary (active) cause of injury or damage. In any and all claims against any of the named parties above, or any of their agents or employee of the CONTRACTOR or any subcontractor or anyone directly or indirectly employed by any of them or any one for whose acts any one or more of them may be liable, the indemnification obligation of the CONTRACTOR hereunder shall not be limited in any way by any limits on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under the Workmen’s Compensation Act, or any disability benefit acts or any other employee benefit act of the State of Wisconsin or any other state. CONTRACTOR By ________________________________ (Signature) By ________________________________ (Signature) Attest: ___________________________
Date ______________________
(FAILURE TO COMPLETE THIS FORM AND SUBMIT WITH YOUR BID WILL RENDER THE BID NON-RESPONSIVE) 27
ATTACHMENT E (Page 1 of 2) CONTRACTOR INTEGRITY _________________________________________,here in after referred to as the Contractor, agrees to and certifies that: 1. DEFINITIONS a. “Confidential information” means information that is not public knowledge, or available to the public on request, disclosure of which would have an unfair, unethical, or illegal advantage to another desiring to contract with the State of Wisconsin or Sawyer County/LCO/Namekagon Transit. b. “Consent” means Written permission signed by a duly authorized officer or employee of the State of Wisconsin or Sawyer County/LCO/Namekagon Transit, provided that where the material facts have been disclosed, in writing, by pre-qualification, bid, proposal, or contractual terms, Sawyer County/LCO/Namekagon Transit shall be deemed to have consented by virtue of execution of this agreement. c. “Contractor” means the individual or entity that has entered into this agreement with the Owner, including directors, officers, partners, managers, key employees, and owners of more than five percent (5%) interest. d. “Financial Interest” means: (1) Ownership of more than five (5%) percent interest in any business; or (2) Holding a position as an officer, director, trustee, partner, employee, or the like, or holding any position of management. e. “Gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans., subscriptions, advances, deposits of money, services, employment, or contracts of any kind. 2.
The Contractor shall maintain the highest standards of integrity in the performance of this agreement and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the State of Wisconsin and/or Sawyer County/LCO/ Namekagon Transit.
3.
The Contractor shall not disclose to others any confidential information gained by virtue of this agreement
4.
The Contractor shall not, in connection with this or any other agreement with the Owner or the State of Wisconsin, directly or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Owner or the State of Wisconsin.
5.
The Contractor shall not, in connection with this or any other agreement with the Owner or the State of Wisconsin, directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of Sawyer County/LCO/Namekagon Transit or the State of Wisconsin.
6.
Except with the consent of Sawyer County/LCO/Namekagon Transit and the State of Wisconsin, neither the Contractor nor anyone in privities with the Contractor shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under this agreement except as provided therein.
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ATTACHMENT E (PAGE 2 OF 2) 7.
Except with the consent of Sawyer County/LCO/Namekagon Transit and State of Wisconsin, the Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on this project.
8.
The Contractor, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify Sawyer County/LCO/Namekagon Transit in writing.
9.
The Contractor, by execution of this agreement and by the submission of any bills or invoices for payment pursuant thereto, certifies and represents that the Contractor has not violated any of these provisions.
10.
The Contractor shall, upon request of the Office of State Inspector General or County Controller, reasonably and promptly make available to that office and its representatives, for inspection and copying, all business and financial records of the Contractor of, concerning, and referring to this agreement with Sawyer County/LCO/Namekagon Transit or which are otherwise relevant to the enforcement of these provisions.
11.
For violation of any of the above provisions, Sawyer County/LCO/Namekagon Transit (or State of Wisconsin, if applicable) may terminate this and any other agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim liquidated damages for all expenses incurred in obtaining another contractor to complete performance hereunder, and debar and suspend the Contractor from doing business with Sawyer County/LCO/Namekagon Transit or State of Wisconsin. These rights and remedies are in addition to those the State of Wisconsin or Sawyer County/LCO/Namekagon Transit may have under law, statute, regulations, otherwise.
12.
The Contractor is not currently and/or has not been debarred or suspended from doing business with the State of Wisconsin, the Federal Government, or Sawyer County/LCO/ Namekagon Transit except in the following instances: (if None write NONE) 1. 2. CONTRACTOR: _________________________________________
BY:______________________________________ WITNESS: __________________________________________ State of County of Sworn and subscribed to before me this date Notary Public: My Commission Expires:
of
,20
(FAILURE TO COMPLETE THIS FORM AND SUBMIT WITH YOUR BID WILL RENDER THE BID NON-RESPONSIVE) 29
ATTACHMENT F (PAGE 1 OF 3) NO LIEN AGREEMENT IN THE COURT OF COMMON PLEAS OF SAWYER COUNTY, WISCONSIN CIVIL DIVISION
CONTRACTOR:
_________________________________ _________________________________ _________________________________ AND NAMEKAGON TRANSIT
NO-LIEN AGREEMENT
_________WHEREAS, the parties hereto did on the ______day of _________________, 20____, enter into an agreement (hereinafter the “Contract”), wherein and whereby said Contractor undertook and agreed to furnish all materials, labor, equipment, etc., to complete the Project of ______________________________________, more particularly described as follows:
Sawyer County/LCO/Namekagon Transit Hand Held Tablet Technology Devices & Telemetry Service Plan as advertised by Sawyer County/LCO/Namekagon Transit in June 2013.
(FAILURE TO COMPLETE THIS FORM AND SUBMIT WITH YOUR BID WILL RENDER THE BID NON-RESPONSIVE) 30
ATTACHMENT F (PAGE 2 OF 3) NOW, THEREFORE, the Contractor for itself and any and all subcontractors, materialmen and parties acting for, through or under the Contractor or for, through or under any of them, does covenant and agree that it will not as any time suffer or permit any mechanic’s lien or any other lien, attachment or other encumbrance, under any laws, regulations or orders, Federal, State or local, or otherwise, by any person or persons whomsoever, to be put or remain on the building or premises or systems, into or upon which any work is done or labor or materials are furnished under this Contract, for such work, labor or material, or by reason of any other claim or demand against the Contractor, and the Contractor will not put any material, or by reason of any other claim or demand against Contractor, and the Contractor will not put any material on said building or systems to which the Contractor has not obtained absolute title; and the Contractor agrees, further, that any mechanic’s lien, materialmen’s lien or any other lien, attachment or other encumbrance or claim of a third party, however arising (whether through the Contractor’s or Sawyer County/LCO/Namekagon Transit’s or any other persons action or inaction, and whether valid or invalid), until it is removed shall preclude any and all claim or demand for any payment whatsoever under or by virtue of the Contract, and, in the event that same is not removed, Sawyer County/LCO/ Namekagon Transit at its discretion may remove same at the expense (including legal fees) of the Contractor, and without regard to the validity or invalidity thereof. The Contractor expressly agrees further, that no lien shall attach to the real estate, building, structures, or any other improvement to Sawyer County/LCO/Namekagon Transit either on behalf of the Contractor herein or on behalf of any subcontractor, mechanic, journeyman, laborer, materialman or person performing labor upon, furnishing materials or machinery or other equipment or other property for such improvement or premises of said Sawyer County/LCO/Namekagon Transit, or on behalf of any other person. Neither the Contractor no any other person supplying any materials, equipment, machinery or other property, or performing work or labor in or upon the building or the work included in this Contract shall have the right to file a mechanic’s lien against the building or premises or systems. Contractor warrants and represents that at the time of execution hereof no work of any kind has been done and no materials of any kind have been furnished, delivered or ordered in connection with the performance of the Contract or any supplemental contract for extra work.
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ATTACHMENT F (PAGE 3 OF 3) This stipulation and waiver is made and intended to be filed with the Sawyer County/LCO/Namekagon Transit within two (2) days after the date hereof, in accordance with the requirements of Act of Assembly of Wisconsin, in such case provided.
IN WITNESS WHEREOF, we have hereunto set our hands and seals, intending thereby to become legally bound this _________day of___________________,20__.
OWNER: NAMEKAGON TRANSIT
_________________________________________ Karen Melasecca, Transit Manager
ATTEST: _____________________________
CONTRACTOR:
_________________________________________
BY:______________________________________
WITNESS: _____________________________
(FAILURE TO COMPLETE THIS FORM AND SUBMIT WITH YOUR BID WILL RENDER THE BID NON-RESPONSIVE)
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ATTACHMENT G SHAH SOFTWARE VERIFICATION
I, ____________________________ certify that that I have contacted SHAH SOFTWARE to verify that the proposed devices are compatible with the Sawyer County/LCO/Namekagon Transit’s Scheduling/Dispatching Software technology project.
Shah Software contact: (800) 968-2748
DATE:______________________________ FIRM NAME:______________________________________________ BY SIGNATURE & TITLE:______________________________________
(FAILURE TO COMPLETE THIS FORM AND SUBMIT WITH YOUR BID WILL RENDER THE BID NON-RESPONSIVE) 33
ATTACHMENT H CLAUSES AND CERTIFICATIONS APPLICABLE TO SMALL PURCHASES 1. Subrecipients are responsible for ensuring that the required Federal clauses are included within their procurement documents in full text and in the most current version (refer also WisDOT Small Purchase Guide, Sections 7.0 – 7.2). Except for the constructionspecific clauses discussed in Section 5 (below), the clauses required by FTA and which are set forth herein are available from the following sources: FTA’s website at: http://www.fta.dot.gov/12831_6195.html#BM19 ProcurementPRO at National Rural Transit Assistance Program (RTAP) website: http://demopro.nationalrtap.org/ 2. The following clauses are applicable to all small purchase orders and should be included in full text. a. No Obligation by the Federal Government. While no specific language is required, FTA has developed the following language which should be flowed down to all subcontractors: No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
b. Program Fraud and False or Fraudulent Statements or Related Acts. These requirements have no specified language, so FTA proffers the following language which should be flowed down to all subcontractors: Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 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 contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the
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Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the 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. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
c. Access to Records and Reports. The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. The clause does not flow down to subcontractors. Access to Records The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
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4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts.
d. Federal Changes. No specific language is mandated. The following language has been developed by FTA. The Federal Changes requirement flows down appropriately to each applicable changed requirement. 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 Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
e. Disadvantaged Business Enterprise. The following clause language is suggested, not mandatory when specific contract goals have not been established. The requirements of clause paragraph b. flow down to subcontracts. Disadvantaged Business Enterprise a.
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere.
b.
The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
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c.
If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53.
d.
If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.
e.
The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 10 calendar days after the contractor’s receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 10 calendar days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 10 calendar days after incremental acceptance of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.
f.
The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient.
f. Incorporation of Federal Transit Administration (FTA) Terms. FTA has developed the following language which has unlimited flow down: Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions.
g. Energy Conservation. No specific clause is recommended because the Energy Conservation requirements are dependent upon the state energy conservation plan. The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. The following language has been developed by FTA: Energy Conservation The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
h. Recycled Products. These requirements flow down to all contractor and subcontractor tiers: Recycled Products
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All contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the current or previous fiscal year using Federal funds. 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.
i. ADA Access. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity and access for persons with disabilities. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto.
3. In addition to the clauses identified in paragraph 2 (above), the following clauses should be included in all purchase orders over $10,000: a. Termination. The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning which have a $100,000 threshold. Termination a.
Termination for Convenience (General Provision). The recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient’s property, contractor shall account for same, and dispose of it as the recipient directs.
b.
Termination for Default [Breach or Cause] (General Provision). If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery
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or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. c.
Opportunity to Cure (General Provision). The recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions. If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default.
d.
Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
e.
Termination for Convenience (Professional or Transit Service Contracts). The recipient, by written notice, may terminate this contract, in whole or in part, when it is in the recipient's interest. If the contract is terminated, the recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
f.
Termination for Default (Supplies and Service). If contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience.
g.
Termination for Default (Transportation Services). If contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while contractor has possession of the recipient goods, contractor shall, as directed by the recipient, protect and preserve the goods until surrendered to the recipient or its agent. Contractor and the recipient shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience.
h.
Termination for Default (Construction). If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the
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time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: 1.
Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2.
Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.
If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience. i.
Termination for Convenience or Default (Architect & Engineering). The recipient may terminate this contract in whole or in part, for the recipient's convenience or because of contractor’s failure to fulfill contract obligations. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the recipient all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If termination is for the recipient’s convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for contractor’s failure to fulfill contract obligations, the recipient may complete the work by contact or otherwise and contractor shall be liable for any additional cost incurred by the recipient. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience.
j.
Termination for Convenience or Default (Cost-Type Contracts). The recipient may terminate this contract, or any portion of it, by serving a notice or termination on contractor. The notice shall state whether termination is for convenience of the recipient or for default of contractor. If termination is for default, the notice shall state the manner in which contractor has failed to perform the requirements of the contract. Contractor shall account for any property in its possession paid for from funds received from the recipient, or property supplied to contractor by the recipient. If termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to contractor in proportion to the value, if any, of work performed up to the time of
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termination. Contractor shall promptly submit its termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to contractor. If termination is for the recipient’s convenience, contractor shall be paid its contract close- out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the recipient determines that contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of contractor, the recipient, after setting up a new work schedule, may allow contractor to continue work, or treat the termination as a termination for convenience.
b. Civil Rights Requirements. The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Civil Rights Requirements (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue.
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(3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties.
4.
Government-Wide Debarment and Suspension. In addition to the clauses identified in paragraphs 2 and 3 (above), the following clause should be included in all purchase orders over $25,000: Government Wide Debarment and Suspension (Non Procurement) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
5. Cargo Preference. Cargo Preference Act requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels and to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. For property transported by ocean vessel, irrespective of dollar value, FTA proffers the following: Cargo Preference - Use of United States Flag Vessels The contractor agrees to: a.
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.
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 contractor in the case of a subcontractor's bill-of-lading.); and
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c.
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.
6. Fly America. The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Irrespective of the procurement’s dollar value, the Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The relevant statutes and regulations do not mandate any specified clause or language. FTA proffers the following language: Fly America Requirements The Contractor 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 subrecipients 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.
7. Charter Service and School Bus Operations. The following clauses apply to all small purchase Operational Service Contracts, as applicable. The relevant statutes and regulations do not mandate any specific clause or language. However, FTA has developed the following clauses: Charter Service Operations The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. School Bus Operations Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities.
8. Drug and Alcohol Testing. The Drug and Alcohol testing provisions apply to any small purchase Operational Service Contracts for the performance of a safety-sensitive function for the recipient or subrecipient. In such instances, compliance with 49 CFR 43
653 and 654 is required, with certain exceptions for contracts involving maintenance services. Maintenance contractors for non-urbanized area formula program grantees are not subject to the rules. Also, the rules do not apply to maintenance subcontractors. Choose one of the three options discussed below: Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring the contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 CFR 653 and 654. The disadvantage is that the recipient, which may not directly employ any safety-sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option only for those recipients which have a testing program for their employees, and can add the contractor's safety-sensitive employees to that program. Under Option 2, the recipient relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR 653 and 654, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the rules. Under Option 3, the recipient specifies some or all of the specific features of a contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why. Drug and Alcohol Testing - Option 1 The contractor agrees to participate in (grantee's or recipient's) drug and alcohol program established in compliance with 49 CFR 653 and 654.
Drug and Alcohol Testing - Option 2 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
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Drug and Alcohol Testing - Option 3 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c]: (a) Submit before (insert date or upon request) a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) Adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) Submit for review and approval before (insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to be determined by the recipient, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium).
9. Intelligent Transportation System (ITS) Projects. Insert the following clause in all small purchases involving Intelligent Transportation System (ITS) projects: Conformance with ITS National Architecture Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 note and follow the provisions of FTA Notice, “FTA National Architecture Policy on Transit Projects,” 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.
10. Certification- Government-Wide Debarment and Suspension (Non Procurement). Insert in small purchases over $25,000. The certification flows down to subcontractors. Certification- Government-Wide Debarment and Suspension (Non Procurement) a. Background and Applicability. In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and
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Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). b. Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. c. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractor
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Signature of Authorized Official _________________________ Date ____/ _/____ Name and Title of Contractor's Authorized Official
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ATTACHMENT I AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) SUPPLEMENTAL TERMS AND CONDITIONS TRANSIT CAPITAL ASSISTANCE FOR NONURBANIZED AREA FORMULA PROGRAM Authorized under U.S.C. § 5311 State of Wisconsin The Recipient agrees that the following provisions apply to American Recovery and Reinvestment Act of 2009 (“Recovery Act” or “ARRA”) funds authorized under Pub. L. 111-5, February 17, 2009, and agrees to comply with the requirements thereof, except to the extent Federal Transit Administration (FTA) or the State of Wisconsin determine otherwise in writing: I. Federal ARRA Requirements A. Identification of Recovery Act Funding. Any subcontract or agreement financed with Recovery Act funds will indicate that the Recovery Act is the source of funding as follows: “The Project is financed with Recovery Act appropriations for Transit Capital Assistance for the Nonurbanized Area Formula Program authorized by 49 U.S.C. § 5311.” B. Federal Requirements. In addition to applicable Recovery Act statutory and regulatory requirements, the Recipient agrees that applicable requirements of 49 U.S.C. chapter 53 apply to federally assisted transit projects financed with Recovery Act funds and the Recovery Act funding, except that the federal share of the costs for which any Grant is made under this heading shall be, at the option of the recipient, up to 100 percent. C. U.S. Office of Management and Budget (OMB) Provisions. The Recipient agrees to comply with applicable provisions of U.S. Office of Management and Budget, “Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards,” 2 C.F.R. Part 176, 74 Fed. Reg. 18449 et seq., April 23, 2009. Specifically, the Recipient acknowledges and agrees to comply with the following provisions: (1) Reporting and Registration Requirements under Section 1512 of the Recovery Act. (a) This award requires the Recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. Such information includes, but is not limited, to: i. The total amount of ARRA funds received for the project; ii. The amount of ARRA funds that were expended or obligated the project; iii. A detailed list of the project and associated activities for which ARRA funds were expended including: a. The name of the project and activities, b. A description of the project and activities, c. An estimated number of jobs created and the number of jobs retained by the project or activity, d. Assessment of progress toward completion. (b) The Recipient agrees to submit the requisite reports to the Wisconsin Department of Transportation (WisDOT) no later than two calendar days after each calendar quarter in which it receives the federal assistance award funded in whole or in part by the Recovery Act. (c) The Recipient agrees to maintain current registrations in the Central Contractor Registration (CCR) (http://www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. In addition, once registered the recipient must provide WisDOT with the DUNS number used to register with CCR.
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(d) The recipient agrees to report the information described in section 1512(c) of the Recovery Act as instructed by WisDOT and ensure that any information that is pre-filled is corrected or updated as needed. (2) Buy America Requirements under Section 1605 of the Recovery Act. Statutory provisions of 49 U.S.C. Chapter 53 impose Buy America requirements sufficient for compliance with Section 1605 of the Recovery Act. (3) Wage Rate Requirements under Section 1606 of the Recovery Act. Statutory provisions of 49 U.S.C. Chapter 53 impose Wage Rate requirements involving construction, alteration, maintenance, or repair sufficient for compliance with Section 1606 of the Recovery Act. (4) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients. (a) To maximize the transparency and accountability of funds authorized under the Recovery Act as required by Congress and in accordance with 49 C.F.R. § 18.20 or 49 C.F.R. § 19.21, as applicable, the Recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds. (b) A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” agrees to separately identify the expenditures for federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SFSAC) required by OMB Circular A-133. The Recipient agrees to accomplish this by identifying expenditures for federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix “ARRA-” in identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. (c) The Recipient agrees to separately identify and document at the time of the award and at the time of disbursement of funds, the federal award number, Catalog of Federal Domestic Assistance Number (CFDA# 20.509), and amount of Recovery Act funds. The Recipient agrees to furnish sufficient information to WisDOT that distinguishes the awards of incremental Recovery Act funds from regular awards under the existing program. (d) The Recipient agrees to include on its SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the State of Wisconsin to properly monitor Recipient expenditure of ARRA funds as well as oversight by FTA, DOT, Offices of Inspector General and the Government Accountability Office. e. One-Time Funding. The Recipient acknowledges that receipt of Recovery Act funds is a “one-time” disbursement that does not create any future obligation by the FTA to advance similar funding amounts. f. Integrity. The Recipient agrees that all data it submits to WisDOT, the State of Wisconsin and/or FTA in compliance with Recovery Act requirements will be accurate, objective, and of the highest integrity. g. Violations of Law. The Recipient agrees that it and each of its subcontractors shall report to the U.S. DOT Inspector General or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, subrecipient, subcontractor, or other person has submitted a false claim under the False Claims Act, 31 U.S.C. §§ 3729 et seq., or has committed a criminal or civil violation of law pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. h. Emblems. The Recipient agrees to use signs and materials that display both the American Recovery and Reinvestment Act (Recovery Act) emblem and the Transportation Investment Generating Economic Recovery (TIGER) program emblem to identify its Project(s) financed with Recovery Act funds that are provided by U.S. DOT in a manner consistent with state and federal guidance, and to include this provision in any
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subagreements, leases, third party contracts, or other similar documents used in connection with its Recovery Act Project(s). i. Further requirements. The Recipient agrees to comply with applicable future federal requirements that may be imposed on the use of Recovery Act funds. (5) Whistleblower Protections. The contractor is prohibited from demoting, discharging, or otherwise discriminating against an employee as retaliation for disclosing what the employee reasonably believes to be gross mismanagement or misconduct of ARRA funds under the contract or subcontract to the appropriate Federal, State, or other supervisory authority. Any employer receiving covered funds shall post notice of the rights and remedies provided to employees under this section (6) Authority of the U.S. Comptroller General. Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 requires that each contract awarded using ARRA funds must include a provision that provides the U.S. Comptroller General and his representatives with the authority: (1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and (2) to interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this contract, which is funded with funds made available under the ARRA. Section 902 further states that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. 7. Authority of the Inspector General. Section 1515(a) of the ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this contract. The contractor is advised that representatives of the inspector general have the authority to examine any record and interview any employee or officer of the contractor, its subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general. II. State of Wisconsin ARRA Requirements A. Posting of Job Openings on JobCenterofWisconsin.com. Under Governor Jim Doyle’s Executive Order #278, the Recipient is encouraged to post job openings created by ARRA-funded projects on the JobCenterofWisconsin.com Web site. B. Noncompliance. If the Recipient materially fails to comply with the supplemental ARRA terms and conditions of the award, the Department may take appropriate action, which may result in the suspension or termination of the agreement and of the ARRA funds awarded, and any other remedies available at law. C. Other applicable WisDOT Terms and Conditions. All other terms and conditions contained in applicable WisDOT-specific contracts, program requirements or other legal instruments apply unless they conflict with or are superseded by the above supplemental terms and conditions implementing the ARRA requirements.
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ATTACHMENT J BIDDER'S CHECKLIST This form must be completed and returned with submission of bid documents. The Bidder shall use this list to ensure all required certification, affidavits, and documentation have been provided. Failure to return this form may be cause for the bid to be considered non-responsive. Bidder Namekagon Transit Check Off Attachment A
Bid Form
Attachment B
Bid Guaranty
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Attachment C
Non Collusion Affidavit
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Attachment D
Hold Harmless Agreement
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Attachment E
Contractor Integrity
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Attachment F
No Lien Agreement
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Attachment G
Shah Verification
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Attachment H
Required Federal Clauses Applicable to Small Purchases
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Attachment I
American Recovery and Reinvestment Act (ARRA)
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Attachment J
Bidders Checklis t
Most Current Dun and Bradstreet Report
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Check Off _______
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