Agenda 01/24/2012 Item #16E51/24/2012 Item WE &
E&ECUTiVE SUMMARY
Recommendation to approve, and authorize the Chairman to sign the Assumption
Agreement from Tectrans, Inc. to Keolis Transit America, Inc. d /b /a Tectrans, Inc. for
Management. Contract for the Collier Area Transit (CAT) Fixed Route' and Paratransit
Program.
OBJECTIVE: To assign the agreement from the original parry, Limousines of South Florida, Inc.
d/b /a Tectrans, Inc. ("Tectrans ") to Keolis Transit America, Inc. d/b/a Tectrans, Inc. ( "Keolis ").
CONSIDERATIONS: The contract involved in the assignment is #10 -5455 "Management
Contract 'for the Collier Area Transit (CAT) Fixed Route and Paratransit_ Program" -dated
September 14, 2010, agenda item 16.x.8. This contract was by and between, Collier County
and Tectrans. Alternative Transportation Modes (ATM) department utilizes the services
provided under these contracts.
Keolis purchased the assets of Tectrans on November- 29, 2011. County staff was notified on
December 2, 2011 of the asset purchase.' Following the Procurement Administration
Procedures, staff has acquired the necessary documents from Keolis which have , been
reviewed and approved by the County Attorney's staff. The Purchasing Department is
recommending approval of the assumption of this Contract by the -new firm Keolis.
n FISCAL IMPACT: There is no fiscal impact.
GROWTH MAN&q€MsNT IMPACT: There is no Growth Management Impact associated with
this Executive'Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed ,the Assumption Agreement
which is legally sufficient and requires a majority vote for approval. JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the Assumption Agreement from Tectrans, Inc. to Keolis America, Inc. d /b/a
Tectrans, Inc. for Management Contract for the Collier Area Transit (CAT) Fixed Route and
Paratransit Program,
PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department
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1/24/2012 Item 16.E.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.5.
Item Summary: Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Tectrans, Inc. to Keolis Transit America, Inc. for Management
Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program.
Meeting Date: 1/10/2012
Prepared By
Name: DeLeonDiana
Title: VALUE MISSING
12/27/2011 11:30:56 AM
Submitted by
Title: VALUE MISSING
Name: DeLeonDiana
12/27/2011 11:30:57 AM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 12/27/2011 12:22:11 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 12/28/20118:36:18 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 12/28/20112:54:15 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 12/29/2011 7:20:58 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/20119:07:59 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 1/3/2012 10:27:35 AM
Name: OchsLeo
Title: County Manager
Date: 1/3/2012 10:50:37 AM
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1/24/2012 Item 16.E.5.
1011*1.1.
1/24/2012 Item 16.E.5..
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of , 2012, by
and between Keolis Transit America, Inc. d/b /a Tectrans, Inc. ( "Keolis "), and Collier County, a
political subdivision of the State of Florida ( "County ").
WHEREAS, on September 14, 2010 the Collier County Board of County Commissioners
entered into Contract #10 -5455 "Management Contract for the Collier Area Transit (CAT) Fixed
Route and Paratransit Program" with Tectrans, Inc. ( "Tectrans ") (attached hereto as Exhibit A,
and hereinafter referred to as the "Agreement "); and
WHEREAS, Keolis hereby represents to Collier County that by virtue of a stock purchase
agreement, Keolis is the successor in interest to Tectrans in relation to the Agreement; and
WHEREAS, the parties wish to formalize Keolis' assumption of rights and obligations
under the Agreement, effective as of the date first above written
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. Keolis accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under the Agreement, including all existing and future obligations to pay and perform
under the Agreement.
2. Keolis will promptly deliver to County evidence of insurance consistent with the
Agreement.
3. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the parties.
4. Notice required under the Agreement to be sent to Contractor shall be directed to:
CONTRACTOR:
Keolis Transit America, Inc. d/b /a Tectrans, Inc.
6053 W. Century Blvd 9th Floor
Los Angeles, California 90045
Attention: Michael Griffus, President
5. The County hereby consents to Keolis assumption of the Agreements. No
waivers of performance or extensions of time to perform are granted or authorized. The County
will treat Keolis as the Contractor for all purposes under the Agreement.
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1/24/2012 Item 16.E.5.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
FOR COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
FOR Keolis Transit America, Inc.
d /b /a Tectrans, Inc.:
By:
Michael Griffus, President
Date:
Approved as to form and legal sufficiency:
By:
Jeff Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Fred W. Coyle, Chairman
Attest:
Date:
Corporate Secretary
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1/24/2012 Item 16.E.5.
CONTRACT # 10 -5455 MANAGEMENT CONTRACT FOR THE COLLIER AREA TRANSIT (CAT)
FIXED ROUTE AND PARATRANSIT PROGRAM
AGREEMENT
THIS AGREEMENT ( "Agreement ") is made and entered into this % day of 2010, by
and between Tectrans, Inc., whose address is 6053 W. Century Boulevard, 91' floor, os Angeles, California
90045 (hereinafter referred to as the "Contractor "), and THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter
referred to as the "County ").
WITNESSETH:
1. TERMS AND RENEWAL. This Agreement shall commence October 1, 2010, and will be in effect
for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of
this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date,
in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and ATM
Director and/or designee's approval. Surcharges will not be accepted in conjunction with this contract, and
such charges should be incorporated into the pricing. structures. The County shall give the Contractor written
notice of the County's intention to renew the Agreement term not less than sixty (60) days prior to the end of
the term. In lieu of renewal, the County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The
" �ounty Manager, or his designee, shall give the Contractor written notice of county's intention to extend the
Agreement term not less than thirty (30) days prior to the end of the term.
2. DUTIES. Except as set forth below, the parties' respective duties are described in Exhibits 1, 2 and
Exhibit 3 which includes all expectations of the Contractor including detailing the Federal
Transportation Administration Grant Requirements.
3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement:
3.1. The estimated costs for the contract are based upon the total of 68,050 route revenue hours for FY
2010 approved by the County multiplied by the fixed revenue hour rate of $50.03. The estimated cost for
paratransit services is based on an average cost per trip of $23.85 for FY 2010. It is expected that the revenue
rate hours and the average trip cost may change over the course of the Agreement, and that the Contractor's
compensation will be based upon the cost of additional revenue hours approved by the County. If
modifications result in more than ten percent (10 %) change in annual revenue vehicle hours, either the County
or the Contractor may request a re- negotiation of the pre -hour rate of compensation. Payment shall be made to
the Contractor promptly upon receipt of a proper invoice and in compliance with Section 218.70 F.S.,
otherwise known as the "Local Government Prompt Payment Act."
3.2. Compensation for the initial three (3) year term of the contract will be consistent with the revenue
hour rate and cost per trip rate specified in Attachment F of Exhibit I and Attachment G of Exhibit II of this
agreement. Compensations for the fourth and fifth year of this Agreement may reflect the rates specified in the
forementioned attachment agreed to by both parties.
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4. TERMINATION. The Contractor shall report to and be responsive to the Collier County Alternative
Transportation Modes (ATM) Director and/or designee. The ATM Director and/or designee will be
responsible for evaluating the Contractor's performance. Should the Contractor be found to have failed to
perform his services in a manner satisfactory to the County, the County may terminate this Agreement
immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day
written notice. The County shall be sole judge of non - performance.
4.1 A written request by the County to. the Contractor to increase or decrease the level of fixed route
service shall not be construed as a partial termination of this Agreement.
5. ASSIGNMENT AND SUBCONTRACTING. No portion of the requested services may be assigned
or subcontracted without the prior written permission of the County. The County may grant or withhold its
consent in its sole and absolute discretion. As. to any assigned subcontractor(s) approved by the County and
providing services on behalf of the Contractor, the Contractor shall include in its contract with such
subcontractor(s) all clauses mandated by the Federal Government. Any Federal funds used to pay for goods or
services on a contract greater than one hundred thousand dollars ($100,000.00) requires the addition of such
third party . clauses. Reference on this matter is made to the Federal Transit Administration Best Practices
Procurement Manual, Appendix A.1, as amended. As the expert consultant, the Contractor shall be presumed
to have specialized knowledge as to which clauses are required in its subcontracts and to take all required
action incident to Federal Transit Administration reporting requirements effective October 1, 2010.
6. OPERATING REVENUES. All operating revenues collected by the Contractor are the property of
the County, including but not limited to: fare box receipts, ticket and pass sales revenue, and advertising
revenues. Revenues shall be deposited in the appropriate County account weekdays by 5:00 p.m. in accordance
with the procedures mutually agreed to by the County and the Contractor. In 'instances where the courier
employed to pick up and deliver deposits arrives after 5:00 p.m., deposits shall be made as soon thereafter as
possible.
7. MEETINGS. Upon request of the County, the Contractor shall, at its own expense, attend citizens'
meetings to provide information concerning the transit system. At a minimum, the General Manager,
representing the Contractor, and the County ATM Director and/or designee, representing the County, shall
meet bi- weekly to discuss fixed route and paratransit services. The ATM Director and/or designee will
develop the bi- weekly meeting agenda and may periodically request specific information regarding
administration, management, and current or planned services and budgets. In addition to the bi- weekly
meetings, a monthly meeting will be scheduled with the General Manager, the Superintendent of Fixed Route
Operations, the Superintendent of ParaTransit Operations, the Service Information /Performance Reporting
Manager, the ATM Director, and other County staff. The monthly meeting schedule and agenda shall be
determined based upon upcoming deadlines and reporting activities. The General Manager shall be
responsible for developing the agenda with input from the ATM Director and/or designee.
8. ADVERTISING. The Contractor shall work cooperatively with the ATM Director and/or designee to
identify a cohesive and strategic marketing and advertising :campaign to increase ridership and/or advertising
revenues. Specifically, the General Manager will recommend alternatives for new interior and/or exterior
advertising on revenue vehicles, as appropriate. Any revenue received from advertising on buses shall be paid
to the County. The Contractor will conduct monthly meetings with key employers and other transit partners to
identify employer transit pass programs, fixed route service needs, and desirable transit amenities. The County
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^will attend the monthly meetings for briefings and oversight. The Contractor will work with the County on
developing a plan for the sale of pre -paid fare media at other locations within the community. Additionally,
the Contractor will be responsible for identifying shelter advertising strategies consistent with local community
regulations regarding signage and advertising. The Contractor shall be responsible for the installation of
advertising and collection of revenue from the advertiser. This revenue must be documented and deposited in
the County bank account within two (2) working days. There shall be no interior or exterior advertising on or
in buses, transit shelters, benches, or other transit amenities without prior written authorization by the County
of the form of advertising.
9. THE COUNTY AND CONTRACTOR- SUPPLIED PROPERTY. Title to capital items provided by
the County shall remain with the County and records of all purchases will be documented through the County's
Asset Management System. The Contractor shall be required to notify the County's Alternative Transportation
Modes Department of any needs to purchase equipment, items or services. Furthermore, the Contractor shall
maintain adequate property control records of all County- furnished property in accordance with sound industry
practice. Contractor shall also strictly adhere to the Federal property management requirements mandated by
Title 49 CFR § 18.32.
10. LIQUIDATED DAMAGES
For performance not delivered in accordance with this contract, the County may incur additional expense, loss
of confidence by system users, and negative. or adverse bad publicity for the program and other damages to the
County and the program. System performance outside of performance norms causes passengers to file
complaints and make multiple calls to ensure that trips are properly booked and delivered. The actual damages
caused by such a breach are uncertain or difficult to accurately estimate or prove. For this reason, Liquidated
Damages, not otherwise specifically addressed and identified herein, may be assessed against the Contractor
for the below specified violations:
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Performance Measures and Liquidated Damages
Performance Measure
Liquidated Damage Amount
Contractor report any vehicle damage to the
$500 for any occurrence of damage that
County within 24 hrs.
is not timely reported to County
Contractor shall verbally report any vehicle
$1,000 for any injury that is not
accident or passenger/ employee injuries
reported to County.
within 2 hrs of occurrence.
Contractor shall develop marketing materials
None
to enhance fixed route ridership and identify
an approved methodology for tracking
ridership
Contractor shall remove all farebox receipts
$250 for any occurrence of farebox
from revenue vehicles daily, count receipts,
receipts not being deposited per this
and make deposits daily.
Agreement.
County requires full staffing by Contractor.
$100 for any shift that is filled by
personnel other than driving staff (e.g.
dispatcher, trainer, project mgr.), with
the exception of when licensed
supervisors, dispatchers, and admin.
staff are driving to maintain skill levels
or where they are assigned as back -ups
during emergencies or other special
circumstances, subject to County
approval.
Contractor shall faithfully adhere to all
$1,000.00 per incident discovered
standard MRV, background screening
where Contractor failed to adhere to all
reviews, and driver licensing and registration
review requirements.
requirements
County requires full -time onsite management
Monthly Manager's salary for each
of transit operation.
month position is vacant more than 60
days.
County vehicles are to be used for revenue
$500 for any occurrence of Contractor
service only.
using County vehicles for other than
approved purpose.
County places great value on reliable fixed
$500 per quarter in which 90% or
route service.
fewer of scheduled departures at the
stop level are on -time (0 -5 minutes
late).
The Contractor shall encourage its drivers and
$100.00 per incident after a driver's
subcontractors to exercise means to prevent
second such avoidable instance of like
instances of avoidable repeat damage/harm to
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county owned vehicles. For example, repeat damage.
instances of damage to vehicle mirrors by
striking structures when turning onto the same
street or stop.
The Contractor and County agree that the above - referenced liquidated damages represent the appropriate level
of damages in the event of a breach of the performance measures set forth in the Agreement. Prior to
assessment of liquidated damages, the County will inform the Contractor of the assessment and receive any
explanation from the Contractor. The Contractor shall be required to provide a written and/or verbal
explanation to the County. Upon receiving the explanation, the County shall determine whether or not to assess
liquidated damages. Liquidated damages shall be deducted: from subsequent payment(s) due to the Contractor.
Liquidated damages are neither a penalty nor forfeiture; they shall compensate the County solely for the
disruption of service caused by the breech of system standards.
11. INSURANCE. The Contractor shall provide insurance as follows:
The Contractor shall obtain and maintain insurance with an insurance company rated not less. than "A" by
A.M. Best, authorized to do business in the State of Florida. Insurance coverage includes, but is not limited to:
automobile liability, commercial general liability, fidelity, bond, and Worker's Compensation and Employer
Liability. The County shall be exempt from, and in no way'liable for any sums of money, which may represent
^, a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Contractor and/or subcontractor providing such insurance.: Certificates of such insurance will be furnished to
the County and shall contain the provision that the County be given thirty (30) days written notice of any intent
to amend or terminate by either the insured or the insuring company. The Contractor is advised that if any part
of the work under this agreement is sublet, the subcontractor shall be required to meet all insurance
requirements as listed above. However, this will in no way relieve the Service Provider from meeting all
insurance requirements or otherwise being responsible for the subcontractor.
11.1 Minimum Limits of Insurance
The Contractor shall maintain limits no less than:
a. Commercial General Liability (Occurrence Form) patterned after the current L.S.O. form
with no limiting endorsements, excluding Garage Liability: $5,000,000 combined single limit per
occurrence for bodily injury, personal injury, and property damage. Bodily Injury and Property
Damage The limits of general liability to be $100,000 Bodily Injury and/or Property Damage per
person or $200,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of
liability are increased to $5,000,000 (combined single limit) per occurrence, solely for any liability
resulting from entry of a claims bill pursuant to Sections 768.28 the State of Florida single limit per
occurrence.
b. Vehicle /Automobile Liability (Owned/ndn- owned/hired): $2,000,000 combined single limit
per accident for bodily injury, personal injury and property damage including passenger Iiability.
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1/24/2012 Item 16.E.5.
c. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required
by the Statutory Limits of Florida Statutes Chapter 440 and all Federal Government Statutory Limits
and Requirements.
d. All Risk Fire and Extended Coverage for full replacement cost on all equipment, tools,
supplies, and contents used by the Contractor in the performance of services under the Contract. The
County provides Risk Fire and Extended coverage for the County owned real property and
accompanying County owned contents like furniture, etc. Any specialized equipment, tools and the
like provided and used on site by Tectrans, Inc. is not covered under the County's program.
e. Vehicle /Automobile Physical Damage coverage, including Collision coverage and
Comprehensive coverage, each equal to the depreciated value of all vehicles, including the buses, and
non - revenue vehicles operated by Contractor. The Contractor shall be responsible for all damages
falling below the deductible. No blanket or per location limit should apply to this coverage under
$2,000,000. The County will be included as a Loss Payee in this coverage.
f. Fidelity Bonds in the amount not less than $50,000.00 insuring against theft, fraud or
misappropriation of funds or other misuse of money in such amounts as the County shall request. The
County shall be named as an Additional Insured as their interest may I appear. A letter of credit may be
requested in lieu of or in addition to a Fidelity Bond to secure the Bond deductible depending upon its
size.
g. Commercial General Liability (Occurrence Form) patterned after the current ISO form:
$5,000,000 single limit per occurrence
h. Employer's Liability: $1,000,000 each occurrence and aggregate.
i. Performance & Payment Bond: The initial annual Performance and Payment Bond shall be in
the amount not less than $6,000,000.00. The amount may be adjusted annual based on prior year
revenues. For projects in excess of $200,000, bonds shall be submitted with the executed contract and
written for 100% of the annual contract award amount, the cost borne by the Contractor. The County
reserves the right to adjust the contract based upon the annual revenue hours and trip cost. The
Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to the County; provided, however, the surety shall be rated as
"A -" or better as to financial size category and the amount required shall not exceed 5% of the reported
policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M.
Best Company; Inc. of 75 Fulton Street, New York, New York 10035
11.2 Deductibles and Self - Insured Retention
Any deductibles or self - insured retentions must be declared to and approved by the County. At
the option of the County, either the insurer shall reduce or eliminate such deductibles or self - insured
retentions in regard to the deductibles or self - insured retentions as respects the County, their officials,
agents, employees, and volunteers; or the County shall procure a bond guaranteeing payment of losses
and related investigations, claim administration andldefense expenses.
s
11.3 Other Insurance Provisions
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The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability Automobile Liability, and Umbrella Liability Coverage
a. The County, their officials, agents,. employees, and volunteers are covered as insureds as
respects liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises owned, occupied or used by the Contractor; or
vehicles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the County; their officials, agents, employees, and
volunteers.
b. The Contractor's insurance coverage 'shall be primary insurance as respects to the County,
their officials, agents, employees, and volunteers. Any insurance or self - insurance maintained by the
County, their officials, agents, employees, and volunteers shall be in excess of the Contractor's
insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the County, and its officers, officials, employees and volunteers.
d. The Contractor's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the County, and its officers,
officials, employees and volunteers for losses arising from work performed by the Contractor for the
County.
3. All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be suspended, voided, or canceled by either party, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been given to the County
or ten (10) days for non - payment.
4. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than a VII or with an
insurer acceptable to the County. The Contractor also agrees that upon the County's request it will
provide a current financial statement of its insurer within ten (10) days.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by the Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. IThere shall be a thirty (30) day notification to the
County in the event of cancellation or modification bf any stipulated insurance coverage.
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11.4 Verification of Coveraize
The Contractor shall furnish the County. with certificates of insurance and with original
endorsements effecting coverage required by .this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The policies, certificates and endorsements are to be in a form acceptable to the County and are to be
received and approved by the County thirty (30) days after award or commencement of any transition
activity, whichever is earlier. The Contractor is to commence no activity with regard to performance of
the Agreement until the required insurance is obtained. The Contractor shall provide complete, certified
copies of all required insurance policies to the Courrty.
11.5 Additional Insured Requirements
The County shall be listed as the Certificate Holder and include as an Additional Insured on the
Comprehensive General Liability Policy.
11.6 Certificate Holder and Requirements
Collier County Board of County Commissioners shall be named as the Certificate Holder.
NOTE: The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
The Certificate must state the Contract Number and Title:
Contract # 10 -5455 Management Contract for the Collier Area Transit (CAT) Fixed Route and
Paratransit Program
113 Cancellation Notice Requirement
Thirty (30) Days Cancellation Notice is required.
11.8 Claims Information and Loss Run
The Contractor shall make available to the County, through its records or the records of their
insurer, information regarding a specific claim. Any loss run information available from the Contractor,
or their insurer, will be made available to the County upon their request.
12. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et. seq.,
and regulations relating thereto, as either may be amended; Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
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13. INDEMNIFICATION. To the maximum extant permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but -not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph. This section does not pertain to any
incident arising from the sole negligence of the County.
14. AMENDMENT AND NOTICES. Except as otherwise provided herein, this Agreement shall only
be amended by mutual written consent of the parties hereto or by their successors in interest. In the event State
or federal laws are enacted after the execution of this Agreement which are applicable to and preclude in whole
or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be
modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
All notices and other communications required or permitted hereunder shall be in writing and shall be
sent by Certified Mail, return receipt quested, or by a nationally recognized overnight delivery service, and
addressed as follows:
Tectrans, Inc.
6053 W. Century Boulevard, 91h Floor
Los Angeles, CA 90045
All Notices from the Contractor to the County shall be deemed duly served if mailed or certified mail to
the County to:
Collier County Government Center Collier County ATM Director
Purchasing Department - Purchasing Building 2885 Horseshoe Drive South
3301 Tamiami Trail, East Naples, FL 34104
Naples, Florida 34112
The Contractor and County may change the above mailing address at any time upon giving the other
party written notification.
15. LEGAL RELATIONSHIP. The Contractor is an independent contractor, and is not the legal
representative or agent of the County. The Contractor and County have a business relationship based entirely
on and circumscribed by this Agreement. No partnership, joint venture, agency, fiduciary, or employment
relationship is intended or created by reason of this Agreement. The Contractor will exercise full and complete
control over and have full responsibility for its contracts, daily operations, labor relations, employment
practices and policies, including but not limited to the recruitment, selection, hiring, disciplining, firing,
compensation, work rules and schedules of its employees.
16. LAWS AND PERMITS. Any and all services, Materials and equipment shall comply fully with all
Local, State and Federal laws and regulations. In compliance with Section 218.80, F.S., all permits necessary
for the prosecution of the work shall be obtained by Contractor. Payment for all such permits issued by the
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County shall be processed internally by the County. All non - County permits necessary for the prosecution of
the work shall be procured and paid for by the Contractor. In addition, the Contractor shall comply with all
rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or
hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer
with respect to persons it employs, and agrees that there shall be no discrimination as to race, sex, color, or
national origin.
17. NO IMPROPER USE. The Contractor will not use, nor suffer, nor permit any person to use in any
manner whatsoever, County vehicles, equipment, or facilities for any improper, immoral or offensive purpose,
or for any purpose in violation of any federal, State, county or municipal ordinance, rule, order or regulation, or
of any governmental rule or regulation now in effect or hereafter enacted or adopted. Additionally, the
Contractor shall properly secure and safeguard the County's physical premises on which the Contractor
conducts business; including but not limited to making certain that all doors and windows of the business are
locked and secured during non - business hours. In the event of any such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the Contractor to be
objectionable, improper, and /or inapposite to those conditions, the County shall have the right to suspend this
Agreement. Should the Contractor fail to resolve any such violation, conduct, or practice to the satisfaction of
the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such
suspension to the Agreement will continue until the violation is cured. The Contractor further agrees not to
commence operation during the suspension period until the violation has been corrected to the satisfaction of
the County.
18. DISPUTE RESOLUTION. This Agreement shall be deemed to be made in Collier County, Florida,
and shall be governed by the laws of the State of Florida. In the event of a dispute under this Agreement, the
parties shall first use the County's then - current Dispute Resolution Procedure. Following the conclusion of this
procedure, either party may file an action for appropriate relief in the Circuit Court of Collier County, said
Court being the sole agreed upon venue with respect to any action arising from this Agreement.
19. COMPONENT PARTS OF THIS CONTRACT. This Agreement consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's
Proposal, Insurance Certificate, Performance and Payment Bonds, RFP #10 -5455, Scope of Services, all
Attachments, Exhibits, Addenda and FTA Regulations.
20. SUBJECT TO APPROPRIATION. This Agreement is subject to appropriation by the Board of
County Commissioners.
21. RECORDING. The Contractor shall execute the Agreement first and it shall be recorded by the
County in the Official Records of Collier County, Florida, within fourteen (14) days after the County executes
the Agreement. The Contractor shall pay all costs of recording this Agreement. The County shall provide a
copy of the recorded document to the Contractor upon receipt of the recorded document.
22. PAYMENT TO SUBCONTRACTORS. Payment by the Grantee to all subcontractors with
approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party
10
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1/24/2012 Item 16.E.5.
140*N contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with
Transportation Disadvantaged Trust Fund monies must contain the following statement:
"When a contractor receives from a state agency any payment for contractual services, commodities, supplies,
or construction contracts, except those construction contracts subject to the provisions of chapter 339, the
contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of
work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor
receives less than full payment, the contractor shall be required to disburse only the funds received on a pro
rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the
amount due on the payment. If the contractor without reasonable cause fails to make payments required by this
section to subcontractors and suppliers within seven (7) working days after the receipt by the contractor of full
or partial payment, the contractor shall pay to the subcontractors and suppliers a charge in the amount of one-
half of one percent of the amount due, per day, from the expiration of the period allowed herein for payment.
Such charge shall be in addition to actual payments owed and shall not exceed fifteen percent (15 %) of the
outstanding 'balance due. In addition to other fines or penalties, a person found not in compliance with any
provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related
costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to
this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in
proceedings brought against contractors under the provisions of this section."
23. COMPLIANCE WITH COLLIER COUNTY POLICY. The Contractor must comply with all
applicable policies of Collier County. This is inclusive of all CM:As, Standards of Conduct, Ethics Ordinance,
Sunshine Law and all applicable ordinances and policies.
24. VENDOR TRANSITION. Contractor recognims that the services provided under this Agreement
are vital to the County and, should this contract be terminated or not renewed as provided herein, agrees that
Contractor shall use its best efforts and cooperation to assist County in transferring and transitioning operations
of the services and duties provided hereunder to a new or successor vendor, so as to effect an orderly and
efficient transition of operations.
I1
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1/24/2012 Item 16.E.5.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above; written.
Attest:
DWIGHT E `CK Clerk
Byx .,
�A1M�1'
aml ail i
itness
N() �M / '
Typc/rhint witness name
gczond Witness
Type /print witness name
Appr as to f 7 an legal sufficiency:
Sco . Teach, beputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLLER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAk
TECTRANS, INC.
By
Signature
By:
/�vss,�j -COD
Typed Signature and Title
Packet Page -2078-
12
1/24/2012 Item 16.E.5.
Exhibit I
FIXED ROUTE TRANSIT SERVICES
TABLE OF CONTENTS
Descriptionof Service ....................................... . ............................................................................................... A -3
Scopeof Work ....................................................................................................................... ............................A -S
1. System Planning and Administration ................................. .. .................................................................................... A -6
2. Vehicle Servicing .............................................. . .................. .. .................................................................................... A -7
3. Maintenance and Cleaning Responsibilities ....................... ,. .................................................................................... A -9
n4. Bus Stop Inventory and Shelter Repair Work Program .... .. ........................................ ............... ........................... A -10
5. Safety Program .................................... ............................... ................................................... ...........................A -11
6. Drug & Alcohol Testing Program ............................................................................................ ...........................A -11
7 Equal Employment Opportunity (EEO /Affirmative Action Program) ...................................... ...........................A -12
8. Background Check/Training of Drivers .................................................... ....................................... . ..................... A -12.
9. Buy America Program .......................................:........................................................................ ...........................A -16
10. Reports ......................................................................................... ............................... .......... ...........................A -16
CustomerService ............................................................................................................................ ...........................A -21
Meetings ..................................................................................:........ ............................... A- Error! Bookmark not defined.
A -1
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1/24/2012 Item 16.E.5.
Attachment A: CAT Service Map ............................. ............................... . ..........................A -23 /—,,
Attachment B: Fixed Route Vehicle Inventory ................. ...... .. ......................................................... .. ......... A -2S
AttachmentC: Detailed Reporting Requirements ............» .............................................. ............................... B -1
Attachment D: Sample Description of Monthly Fixed Route Invoice Support ............... ............................... C -1
Attachment E. Sample Monthly Fixed Route Invoice Farm ........................................... ............................... C -2
Attachment1: Fixed Route Cost Proposal. .................. : ............................................................ D-1
A -2
Packet Page -2080-
COLLIER COUNTY FIXED ROUTE SERVICE
COLLIER AREA TRANSIT (CAT)
Description of Service
1/24/2012 Item 16.E.5.
The Collier County fixed route bus transit program, known as Collier Area Transit (CAT), is contracting with
Tectrans, Inc. to provide planning, operations, and management of fixed route transit services. The Alternatives
Transportation Modes (ATM) Department within the Collier County* Transportation Division is responsible for
the direction of CAT services. Collier County provides fixed route service seven (7) days a week. Limousines
of South Florida, Inc., dba Tectrans, Inc., a private Contractor, will provide bus planning, operations, and
administration services. Limousines of South Florida, Inc., dba Tectrans, Inc., shall offer and maintain the
highest service delivery standards and quality.
Today, CAT operates nine (9) routes, including: six (6) routes within the Naples area; a fixed route service
from Immokalee and the Golden Gate Estates area to Naples; the Immokalee circulator; and the Marco Island
express /circulator. Attachment A depicts the 2009 CAT routes. The service area is Collier County, including
Naples, Marco Island, and Immokalee. The total population of the service area is approximately 333,000 and
has nearly doubled between 2004 and 2009.
Since its inception in 2001, CAT's annual ridership has increased from 97,571 (2001) to 1,109,710 (2009), a
percent change increase of more than 1,100 percent. Between 2004 and 2007, CAT ridership increased nearly
88 percent, from 627,823 to 1,180.147.
Table 1 shows growth in ridership from FY 2006 through FY 2009, as indicated in the 2006 -2008 National
Transit Database (NTD) reports and preliminary data obtained from Collier Area Transit for 2009. The percent
of change in fixed route ridership during the past four (4) years from FY 2006 to FY 2009 years is 5.4 percent,
from 1,052,536 in FY 2006 to 1,109,710 in FY 2009. Approximately 67,043 annual revenue vehicle hours
were operated in 2009.
A -3
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1/24/2012 Item 16.E.5.
Table 1: Trend Analysis for CAT Fixed Route Service
' 2009 data is based on prefaninuy information obtained from Colic Area Trmsit and Colia ATM Department and has not yet ben
pobfshalby the NetianalTransit Daaabese.
Source: 2006 -2008 National Transit Database ftTDj
Passenger
Trips
2004
2005
2006
1 2007
4 ;9It r'fi,"" ON= ..-
:,....;
ScriceAmPD uWion
317,788
124,288
324658
333,658
250,873
33303
Service Areas Six (square rk
1,513:
289,830
1,513
1,5131
193,332
1,513
1 i.JF i's4; t 1 J
,. .. "�... x.'.ir:�l.
PassengeTTts
1,D5Z536
260,015
1,184147'i
1, 1 K3581
230,415
1,109,71
vekkMam
921,050
181,193
1,15b
1,299,452
123,468
1,329,594
Revenue Miles
M,424
37,428
1,090,385
1,214,814
69,953
1,244,756
Revenue Hours
49,479
44,891
59X
66,163
49,878
67,043
OWN- 0 TN ,
33,273
. 39,3911
45,963
51,671
49,690
' 2009 data is based on prefaninuy information obtained from Colic Area Trmsit and Colia ATM Department and has not yet ben
pobfshalby the NetianalTransit Daaabese.
Source: 2006 -2008 National Transit Database ftTDj
Passenger
Trips
Source: McDonald Transit Ridership Da}a, FY 2004 -2009
A -4
Packet Page -2082-
2004
2005
2006
1 2007
2008
2009
ROUTE 1
84,225
124,288
150,030
212,947
250,873
247,183
ROUTE 2
196,096
289,830
251,012
214,605
193,332
177,325
ROUTE 3
153,383
222,089
260,015
289,357
268,126
230,415
ROUTE 4
170,703
226,051
181,193
156,876
127,884
123,468
ROUTES
14,278
27,671
37,428
K870
69,897
69,953
ROUTE 6
3,995
26 ,221
44,891
1 #1,368
40,015
49,878
ROUTE 7
5,143
33,273
. 39,3911
45,963
51,671
49,690
ROUTES
N/A
N/A
63,830
8,61
91,97
88,091
ROUTE 9
N/A
N/A
25,746
3,542
72,582
73,707
Source: McDonald Transit Ridership Da}a, FY 2004 -2009
A -4
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1/24/2012 Item 16.E.5.
Scope of Work
Tectrans, Inc. will provide a turnkey operation, meeting all requirements pertaining to fixed route services,
including administration, planning, and operations as well as all relevant requirements of the Americans with
Disabilities Act (ADA). The Director of Operations shall administer and manage the program, including
submitting timely reports. All reports described in this Scope are due by the 15th day of each month, unless
otherwise stated below. Other duties include the training of all staff, including drivers, dispatchers, supervisors,
customer service representatives, etc. The Contractor will provide fixed route bus transit services as defined in
the 2009 Collier County Annual Transit Development Plan (TDP)l. The CAT fixed route services are
illustrated on Attachment A and described further in the 2009 TDP. The current CAT fare structure is detailed
below in Table 2.
Table 2: Collier County Adopted Fare Structure .
IF +'S,n �iM NY
55 L `c
rr 4 :«sdi �t7- VL
i ��
s
Full Fare
$ 1.50
Reduced Fare*
$ 0.75
Children 5 Years of Age and Under)
Free
Full Fare Token
$ 1.50
Reduced Fare* Token
$ 0.75
Transfers
$ 0.75
Reduced Transfers*
$ 0.35
Day Passes — Full Fare
$ 4.00
Day Passes — Reduced Fare*
$ 2.00
Weekly Passes — Full Fare
$15.00
Weeklv Passes — Reduced Fare*
$ 7.50
Monthly Pass - Full Fare
$35.00
Monthly Pass — Reduced Fare*
$17.50
Marco Ex ress — Full Fare
$ 2.50
Marco Express — Reduced Fare*
$ 1.25
Marco Express Month! Pass — Full Fare
$70.00
Marco Express Month! Pass — Reduced Fare*
$35.00
Source: 2009 Transit Development Plan Annual Update
* Reduced Fares are for members of Medicare, the disabled oomrrrtnity, those 65 years and older, and children 17 and under.
Identification required.
Please Note: The County reserves the right to amend the fare structure and will be responsible for noting the Contractor of fare
changes.
The 2009 Collier County Annual Transit Development Plan is availatble for download from the Collier MPO Website at:
n
hqps://www.communicationsmfa.com-/Rroiects/Collier MPO Adminldocs /2009 %20TDP%24Final %20 -
%20Apyroved %20 Sept %2O2009.pdf
A -5
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1/24/2012 Item 16.E.5.
Service hours will be as follows: Monday thru Sundays, 4:00 a.m. until 8:00 p.m., depending on the route
(except the following holidays: New Year's Day, Memorial Day, July 4`h, Labor Day, Thanksgiving Day, and
Christmas Day). The County shall provide the revenue vehicles for use in the provision of these services as
shown in Attachment B. The County or its representative shall be entitled to conduct inspections of any
vehicles used in the operations of the CAT system to determine compliance with contract provisions.
The following are the estimated annual revenue vehicle hours (RVH) of service the Contractor will be
expected to provide 2:
FY
2010:
68,050
FY
2011:
69,071
FY
2012:
70,107
FY
2013:
71,159
FY
2014:
72,226
All service hour increases are subject to annual approval by Collier County. Service hours may vary over the
term of the contract depending upon funding considerations. If modifications result in more than a ten percent
(10 %) change in annual revenue vehicles hours, either the County or the Contractor may request a re-
negotiation of the per -hour rate of compensation. Any deviation in excess of the above annual revenue vehicle
hours must be pre- approved in writing by the County. Additional RVH may be authorized, if funding becomes
available.
The Contractor will maintain a productivity of at least 17.0 passenger trips. per RVH during FY .2010 without
compromising service safety, punctuality or quality. For purposes of defining RVH, deadhead between the
garage and first pickup or last drop off is calculated at ten percent (10 %) of total trip time Year 2 and
subsequent productivity goals will be determined on an annual basis. The Contractor will plan driver and
vehicle schedules to maximize performance and productivity, including ridesharing. Customer service
excellence is expected at all times.
1. System Planning and Administration
The Contractor is responsible for providing recommendations related to all fixed route bus service planning
activities related to operations of CAT fixed . route bus 'services including, but not limited to: bus routes,
schedules, days and hours of operations, bus stop locations, location of bus stop improvements, preparation of
all planning documents, cost estimates and other such activities relative to overall system. administration,
pending the County's review and approval. Periodic contract monitoring to ensure continued compliance with
i Revenue Vehicle Hour (RVH) estimations were calculated using 20g9 National Transit Database statistics and projecting growth at
1.5% and assumes stable funding for the CAT fixed route system.
A -6
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1/24/2012 Item 16.E.5.
n the service contract is the responsibility of the Contractof. The Contractor will be responsible for identifying
upcoming funding needs for the system and providing reaommendations for pursuing federal, state, and local
grants on a quarterly basis. Daily administrative costs and training for employees necessary to meet these
responsibilities will be the responsibility of the Contractor.
The Contractor is responsible for the preparation and administration of all documentation associated with the
operation of the fixed route bus service, as stated in the required reporting section. Collier County will be
responsible for purchasing office equipment and costs for equipment repair in meeting system and
administration responsibilities. The Contractor will be responsible for the day to day costs associated with
performing these functions, including, but not Iimited to: printing supplies, daily office inventory supply items,
etc.
In addition to regular fixed route operations, the Contractor will, from time to time, be required to attend and
provide special event transportation services within the CAT service area using CAT vehicles. All passenger
fares (if any) for the special events service are the property of the County and are to be accounted for and
deposited using the same procedures followed for the regular operations on the fixed route service.
The County is responsible for reviewing and . printing of all documents for distribution to the public. The
Contractor will be responsible for maintaining an inventory of schedules, passes, tickets, and tokens or cards,
and providing the County with sufficient notice for preparing and printing these items. The Contractor will be
responsible for distributing these materials to bus stop locations and transfer centers. The Contractor is
responsible for preparing a monthly report of the bus pass usage by type and provides such report to the
County.
2. Vehicle Servicing .
The Contractor shall operate an adequate number of vehicles in service at all times to efficiently provide the
required service, allowing an adequate spare ratio for routine maintenance to be scheduled. The Contractor will
establish a schedule for routine maintenance of vehicles as well as regular communications with Collier
County staff and the responsible entity for the vehicle maintenance program to determine maintenance
schedules, non - routine maintenance reporting and scheduling procedures, and acceptable timelines for vehicles
in shop and out of service. A vehicle maintenance program is required to be coordinated with County staff and
must include at least schedules for vehicle preventive maintenance, safety inspections, and vehicle repair
records. The vehicles shall be maintained per the manufacturer's instructions and warranties.
The Contractor agrees to use the vehicles in a careful and proper manner for the intended service only and to
comply with all federal, state, local, or other governmental laws, regulations, requirements and rules with
'respect to use, maintenance, and operation of the vehicles; The vehicles shall not be operated beyond the limits
A -7
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i
' 1/24/2012 Item 16.E.5.
established in the applicable policies of insurance as hereinafter set forth, and may only be used for the
transportation of passengers.
The Contractor shall establish a communication protocol with Collier County staff and
the responsible entity for vehicle maintenance to identify vehicles which need preventive maintenance, and
those which are in need of non - scheduled maintenance as identified through pre -trip and post -trip inspections
of vehicles on a daily basis. The Contractor will ensure that all drivers properly complete and report body and
mechanical defects on any vehicle. The contractor shall accomplish this by providing and utilizing Zonar; the
new electronic pre and post -trip monitoring system for vehicle maintenance inspections and reports. A Vehicle
Pre -Trip Inspection report will be prepared each day for each vehicle, and completed by the driver to indicate
that he /she has checked the vehicle for body and mechanical defects prior to commencement of the driver's
first run of the day. A Post -Trip Inspection Sheet will be prepared at the completion of the vehicle route for the
same day. Daily records of pre -trip and post -trip inspections will be maintained by the Contractor, and
provided to Collier County as requested by the County. The wheelchair lift on each vehicle shall be cycled one
complete cycle once prior to departure for service each day.
In the event that towing of any County -owned vehicle is required due to mechanical failure, damage, etc., the
Contractor shall be responsible to arrange such towing, through a company selected by the County. Towing
costs for all County -owned vehicles will be paid for by the Contractor.
n
The Contractor shall perform daily vehicle inspections, maintain logs of daily serving, and schedule and report
all service activities necessary to operate all fixed route vehicles and equipment safely and efficiently. Daily
vehicle inspections and maintenance responsibilities shall include, but not be limited to:
• Recording field usage and charting bus fuel; use by vehicle
• Re- fueling of fixed route vehicles at the end of service
• Scheduling regular vehicle service activities, as follows:
■ Engine oil, coolant, transmission fluid, and windshield washer service. needs for County
staff to complete
• Fare box vault pulling and replacement
• Tire inspection (air pressure, tread depth, and wear)
■ Brake check
• Exterior and interior light operations
• Interior sweeping and dusting
• Exterior and interior visual inspection
• Identify unreported damage
A -8
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1
1/24/2012 Item 16.E.5.
n The Contractor shall develop, implement, and maintain a written checklist of items included in the daily inspection
and/or servicing of each vehicle. The checklist shall be computerized and kept on file for the County to
review /access and maintained for five (5) years.
3. Maintenance and Cleaning Responsibilities
The Contractor shall maintain buses in a clean and neat condition at all time as described below. Vehicle
exteriors and wheels should be washed at least one per week or as necessary to maintain a neat appearance. In
addition, all vehicle interiors shall be cleaned, including trash removal, sweeping, vacuuming, or mopping, as
needed after each day's use. Ceilings, windows, dashes, wails, stanchions, and grab rails shall be thoroughly
cleaned once per week or as necessary. All foreign matter such as gum, grease, dirt, and graffiti shall be
removed from interior surfaces during the daily interior cleaning process. Upholstery shall be steam cleaned as
necessary, but at least quarterly, and upholstery damage shall be scheduled for repair immediately upon
discovery. The cost of upholstery repairs shall: be the responsibility of the County. Rubber or vinyl exterior
components such as tires, bumper fascia, fender skirts and door edge guards shall be cleaned and treated with a
preservative as necessary to maintain an attractive appearance and consistent with the bus wrap vendor's
maintenance suggestions. All regular cleaning supplies shall be the responsibility of the Contractor.
The Contractor shall wash exterior surfaces and windows at least once per week or as necessary to maintain a
n neat appearance. The Contractor shall keep interior surfaces in a clean, comfortable, well- maintained condition
at all times.
The Contractor shall maintain facilities provided for their use in clean and neat condition at all times. If
necessary, the Contractor shall maintain the facilities by removing trash, sweeping, vacuuming or mopping in
order to maintain an attractive appearance at all times. All facility repairs shall be reported to the County
utilizing the Facilities Department's Work Order System.
Buses shall be kept free of vermin and insects at all times. The Contractor shall be responsible for
exterminating all vermin and insects from all vehicles immediately upon their discovery, utilizing safe, non-
hazardous and Environmental Protection Administration (EPA)- approved insecticides /materials.
The County will purchase, install, and repair (i.e., painting, replacing components, etc.) all signs, posts,
benches, shelters, and trash receptacles for CAT fixed route and CAP bus stops and facilities. The Contractor
shall coordinate with the County relative to the need for cleaning and maintaining park and ride Iots, 'improved
bus stops, shelters and other transit amenities. Conditions requiring necessary maintenance and cleaning shall
include but not be limited to: trash removal, washing windows, replacement of light bulbs. The Contractor is
responsible for trash removal at these facilities at least every other day. The Contractor will be responsible for
monitoring all bus stops, shelters, and other transit amenities on a regular basis (weekly at a minimum) and
reporting any maintenance problems to the County.
A -9
a
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.
1/24/2012 Item 16.E.5.
The Contractor will develop and implement a bus stop maintenance program, as mutually agreed upon by the
County and the Contractor, which meets the following minimum standards:
■ The Contractor's supervisors and bus operators may be utilized as a monitoring resource for bus stop
maintenance. Customer comments and requests will also provide information related to the bus stop
maintenance requirements.
■ The Contractor will clean and maintain the improvements and grounds at all bus stop sign, bench, and
shelter locations to include the following: (1) trash removal, (2) pressure cleaning shelters and amenities
at least once annually or as needed, and (3) general cleaning.
• Unsightly conditions must be reported by the Contractor to the County for corrections within forty -eight
(48) hours of observation.
• Hazardous conditions such as damaged facilities will be responded to by the Contractor as quickly as
possible.
The Contractor shat l be responsible for labor and materials used in the performance of this work.
4. Bus Stop Inventory and Shelter Repair Work Program
The County is responsible for managing the CAT bus stop and shelter program and undertaking designated repairs.
The Contractor will have the following responsibilities for the bus stop and shelter program:
a. Bus Stop Inventory
The Contractor shall be responsible for providing data to the County for the preparation and maintenance of a G1S
computerized CAT bus stop inventory which delineates the location of all bus stops, accessibility issues of the
stops, the routes that serve each stop, and the passenger amenities located at each stop. The Contractor shall prepare
and present an annual report of existing stop locations, a map of all facilities, and identify potential improvements
based upon ridership criteria identified by the County.
b. Bus Stop Shelter Repair Work Order Program
The Contractor shall be responsible for removal of trash and basic cleaning of bus stops as previously noted in Item
3 above.
c. Sioage Parts Inventory
The Contractor shall be responsible for maintaining the inventory of all sign faces and posts by type, and advise the
County when additional faces and posts need to be ordered. The County will purchase all sign faces and posts.
d. Stop and Route Evaluation
A -10
Packet Page .2088-
.
1/24/2012 Item 16.E.5.
n The Contractor shall be responsible for developing procedures in coordination with the County for the evaluation of
requests for additional stops, routes, and making recommendations to the County on stop and route additions,
removals, and relocations. The procedures and recommendations should be based on ADA, safety, route schedule,
and community considerations. The Contractor shall be responsible for submitting recommendations along with
supporting documentation for any requested stop or route changes to the County for their review and approval. The
Contractor will submit a quarterly summary of stop requests, evaluations of requests for changes, and other
information related to stop changes. The Contractor shall be responsible for labor used in the performance of this
work.
5. Safety Program
A written safety program shall be developed and maintained by the Contractor which includes safety policies
and practices, accident .procedures and reporting, and other training materials and documented in the System
Safety Program Plan (SSP) and the System Security Emergency Preparedness Plan (SSEPP). Collier County
will conduct an annual System Safety review of the Contractor to comply with safety requirements of Chapter
14 -90, Florida Administrative Code (FAC). The Contractor shall have a documented safety program that
includes the following components:
■ Accident Response Plan
■ Accident Review Process and Analysis
^ • Determination of an Accident as Preventable or Non - Preventable, Utilizing the National Safety
Council (NSC) Guidelines
• Employee Retraining Provisions
• Driver Incentive Provisions
• Programs and Methods to be Utilized to Promote Safety Awareness
• Employee Training'and Required Certifications
The Contractor shall participate in tabletop, emergency preparedness training' exercise as requested by the
County. The contractor is considered essential personnel and shall be available upon request for evacuation
and transportation for any emergency events 24/7.
6. Drug & Alcohol Testing Program
The Contractor shall administer a Drug and Alcohol (D &A) Program which meets all of the Federal and
Collier County requirements. In addition, the Contractor shall require all subcontractors providing services for
the fixed route service to adhere to the testing requirements of this D &A program. CAT is required to perform
D &A testing in accordance with United Stated Department of Transportation (US DOT) and Federal Transit
Administration (FTA) regulations, as defined in Title 49 Code of Federal Regulations (CFR), Parts 40 and 655.
The Contractor will be required to perform D &A t sting in accordance with Collier County's Risk
Management policies as well as US DOT and FTA requ ements. The Contractor /sub- contractor must have a
Substance Abuse Testing Program in place which meets dl the criteria of the US DOT, the FTA, and Collier
A -1 I
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1/24/2012 Item 16.E.5.
County. The Contractor will be required to incorporate these requirements into their program. The Contractor
agrees to produce documentation necessary to establish its compliance with Title 49 CFR, Parts 653 and 654;
and to permit any authorized representative of the US DOT or its operating administrations, the Florida
Department of Transportation (FDOT), or Collier County to inspect facilities and records associated with the
implementation of the D &A testing program required by Title 49 CFR, Parts 653 and 654. Documentation of
test results will be maintained in personnel files by the Contractor and shall be made readily available for
inspection by Collier County. The Contractor will send a monthly compliance letter to the County as proof of
compliance with the program.
Late reports are subject to a Late Report Charge of five hundred ($500.00) per day after the fifteenth (15"'* of
each month. It is understood that failure to comply with any requirement outlined in Title 49 CFR, Parts 653
and 654, or failure to submit any required certification or documentation shall be considered a material breach
of contract and grounds for contract termination under for -cause provisions. Collier County has a zero
tolerance for positive D &A tests and requires the same policy to be enforced by the selected Contractor.
7 Equal Employment Opportunity (EEO /Affirmative Action Program)
The Contractor must develop and implement an EEO and Affirmative Action program that meets or exceeds
all federal, State, and County policies. The Contractor shall prepare an EEO program that complies with FTA
Circular 4704.1 "Equal Employment Opportunity Program Guidelines for Grant Recipients" and submit to the n
County by January 15th of each year. The Contractor will update the program as needed and submit it annually
to the County.
& Background ChecklTraining of Drivers
The Contractor will administer a background check of all drivers before participation in the program, as
described in detail below. It is important that CAT provide professional and consistent levels of safe, high
quality service to all riders. The Contractor must meet and/or exceed Collier County standards regarding
eligibility to drive a County vehicle. All drivers, including subcontracted drivers, utilized in providing fixed
route bus operations must meet the following employment standards:
■ Each driver must pass a FDOT pre- employment physical examination certifying they are physically
able to perform the essential functions of the job with or without reasonable accommodations, and
an updated physical examination record must be submitted every two (2) years.
• Each driver must have a Department of Motor Vehicles (DMV) Report completed prior to driving
any vehicle in service.
• Each driver must pass a pre- employment D&A test prior to driving or performing any safety
sensitive functions.
A -12
Packet Page -2090 -
1/24/2012 Item 16.E.5.
Each employee must pass a background check for criminal offenses to carefully screen personnel
that have direct contact with clients/riders. Any applicant for a driving position shall not have been
convicted of a felony and/or a variety of misdemeanor offenses.
• A criminal background check must be completed prior to driving any vehicle in service. A driver
may not have any felony convictions, or have been convicted of any crimes against children or
financially exploiting a person with a disability. This background check must include a
comprehensive out of state review.
• Each driver must possess and maintain a Commercial Driver's License (CDL) with the proper
endorsements.
■ Each driver must be a licensed driver for a minimum of three (3) years.
■ Each driver must possess a safe driving record.
■ Each driver must comply with all federal, state, and municipal requirements for substance abuse
testing.
■ Each driver must be dressed in appropriate attire that consists of a uniform, to be provided the
Contractor.
The Contractor is fiuther required to:
■ Conduct mandatory monthly safety meetings for all drivers. In addition, driver meetings shall
include an opportunity for drivers and supervisors to interact with each other and various staff
members which make up the operations team.
■ Check DMV records for each driver at least every six (6) months for accidents, violations, and valid
driver's licenses of all vehicle drivers. A driver must have an acceptable driving record of not more
than seven (7) points in the last three (3) years and no DUI convictions within the last five (5) years.
■ Ensure appropriate level of back -up /extra board drivers to ensure continuity of service.
• Ensure vehicle drivers adhere to policies regarding professional behavior such as smoking, eating,
drinking, cellular telephone usage, appropriate music selection, and volume, etc.
• Ensure each driver and road supervisor have an accurate clock or watch (set daily) displaying hours
and minutes available and in clear sight at all times during the operation on any vehicle.
• Provide appropriate employee training in accordance with FTA and FDOT requirements, to include,
at minimum: 1
A -13
Packet Page -2091-
,
1/24/2012 Item 16.E.5.
1. Ensure that all employees complete a Customer Relations Course ^
2. A minimum of sixty (60) hours of training prior to driving a vehicle in service.
3. Passenger Assistance Technique (P.A.T.) -- At least four (4) hours of instruction on passenger
assistance, approved by Collier County. This training must satisfy the paratransit service
Passenger Assistance Training/ Sensitivity requirement of Rule 14 -90. The Contractor's trainer
shall conduct and document an on -board evaluation with each operator. Training shall include
elderly and disability sensitivity components, passenger relations and assistance, passenger
handling,, securement of wheelchairs, use of seatbelts, assistance to the visually impaired, and
dealing with service animals.
4. Adult and juvenile Cardiopulmonary Resuscitation (CPR) training including general first aid,
proper response to emergency medical needs of riders, and hazardous waste disposal
procedures.
5. Defensive Driver Training per the National Safety Council standards or an equivalent course
approved by Collier County.
6. Vehicle breakdown, accident, passenger incidents, adverse weather and other emergency /safety
procedures including emergency. vehicle evacuation.
7. Policy instruction, such as trip scheduling, service hours, service area, complaint procedures,
wait time, fare structure, transfers locations, ADA operation, etc.
8. Vehicle and equipment operations, including proper two -way radio protocol, wheelchair and
scooter securement, ramp operations, and operation of any automated devices installed in the
vehicle.
9. Knowledge of service area, map reading, address locating, and familiarity with streets and
landmarks.
10. Safe operation of vehicles and post- accident procedures.
11. Post Accident Retraining is required for a driver after a preventable accident.
12. Sensitivity training to develop skills and increase understanding of people with disabilities, all
sexual orientations, diverse cultures, races, and ages.
13. Familiarity with the completion of necessary paperwork such as trip sheets (manifest), pre -trip
inspection forms, accident reports and incident reports.
The Contractor shall develop, implement, and maintain a formal training and retraining program, which shall
be subject to review and approval by the County. All operators, dispatchers, customer service personnel,
supervisors and managers shall participate in the program. Training costs for this program will be the
responsibility of the Contractor. All employees having contact with the public must complete a Customer
Relations course. The purpose of the course is to help provide employees with skills in providing quality
customer service to passengers and the public.
As part of the training program, the Contractor shall prepare and distribute to all operators, dispatchers,
telephone operators, and supervisors a Driver's Manual. Contents of the Driver's Manual shall include the
following subject areas: driver's rules; accident/incident policies; radio policies and procedures; fare box
policies and procedures; fog and inclement weather policy; vehicle inspection, care and maintenance policy
and procedures, reporting P rocedures and pertinent sarn P>� forms. The Contractor must certi fy in writin g, by
A -14
Packet Page -2092-
1
1/24/2012 Item 16.E.5.
name, each individual operator as having satisfactorily completed all requirements and training courses prior to
allowing that individual operator to operate a bus in revenue service.
The Contractor must provide Collier County with evidience that all drivers have completed the training
program offered by the Contractor prior to driving and as required. The Contractor shall ensure that all drivers
receive refresher classes or repeat new employee training at a minimum of four (4) hours every year. Drivers
must obtain CPR certification annually and first aid certification every two (2) years. The Contractor shall
provide Collier County with quarterly updates of Driver Rosters. Each roster entry shall indicate at a
minimum: driver's name, address, date of birth, date of hire, driver's license number, expiration date; training
dates, latest D &A test, and Motor Vehicle Record (MVR) review date. Ongoing training classes shall be
included as part of the quarterly report.
Additional training, above and beyond those outlined in this scope of services, and will be paid by the County.
The Contractor will be responsible for ensuring that all employees are proficient and knowledgeable to perform
job responsibilities. General training for tasks related to required job responsibilities will be the responsibility
of the Contractor.
The Contractor shall maintain all training programs and keep records documenting course completion in each
employee's personnel file. The Contractor shall provide documentation of the formal training program to
Collier County staff annually, and inspect all subcontractors quarterly to ensure compliance with training
programs. The Contractor shall make available a complete copy of all course outlines, instructor information,
training materials, and handbooks pertaining to fixed route training to Collier County for review and approval.
Collier County staff may attend training sessions given by the Contractor.
The Contractor shall require all personnel providing transportation to maintain driver licensing and registration
requirements and maintain acceptable MVR's. Documentation to support these requirements shall be filed with
or made available to Collier County by the Contractor. It is understood that failure to comply with any
background screening or training requirements listed above or failure to submit any required certification or
documentation shall be considered non - performance. The Contractor must conduct checks and administer
oversight to ensure that all driver requirements are met subject to the following standards and penalties:
Standard for MVR Reviews: The Contractor shall review driver's MVR's at least once every six (6)
months. Compliance shall be monitored by Collier County personnel on a random basis.
Standard for Background Screeninz Reviews: The Contractor shall update employee background
screening at least once every six (6) months. Compliance shall be monitored by Collier County
personnel on a random basis.
■ Disincentive Charge: Failure to meet driver; licensing and registration requirements, as stated
above, shall result in a charge of one thousand collars ($1,000) per incident.
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Packet Page -2093-
1/24/2012 Item 16.E.5.
9. Buy America Program
The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general
waiver. Separate requirements for rolling stock are set out at 49 U.S.C. 53230) (2) (C) and 49 C.F.R. 661.11.
Rolling stock must be assembled in the United States and have a 60.percent domestic content.
Collier County will provide pre and post delivery inspections for compliance with Buy America provisions.
The Contractor is required to attend in person or by phone all pre - production meetings at their own cost. The
Contractor will be responsible for all training expenses related to compliance with the Buy America program.
10. Reports
Timely and accurate reports and records will be submitted to Collier County. Collier County views statistical
reporting as a critical element of effective service planning, service quality evaluation, and policy
development. It is, therefore, deemed important that the Contractor assign staff with the.qualifications and time
to edit files, create, and evaluate reports using the scheduling /dispatching software, and other automated and /or
manual methods.
The following guidelines are provided as basic information regarding the nature of reports that will be required
during the course of this contract. Attachment C provides detailed information on reporting currently
required. The County from time to time may require changes in forms, record keeping and/or reporting
procedures to serve the needs of the agency.
a. Operating,' Statistics:
The Contractor shall prepare and maintain all service delivery records and provide the operating statistics for
fixed route bus services to Collier County no later than the 15th day of each month. The Contractor shall also
input and submit monthly (by the 15'h of each month) and annually (by December, 15'h each year) National
Transit Database (NTD) data to Collier County for required review and electronic submittal to the federal
government by the County. In addition, the Contractor shall provide a summary of operating statistics on a
route and system level to the County as requested.
Standard for Federal Data Reports: The Contractor shall assist Collier County in collecting data on .
operating statistics for fixed route bus services by reporting information including, but notlimited to:
collection of detailed passenger boarding and alighting counts, passenger trips, passenger miles, vehicle
revenue miles, vehicle revenue hours, operating expenses, passenger trips, operating expenses per
revenue hour, operating expenses per passenger trip, passengers per revenue mile, passengers per
revenue hour, administration of questionnaires, and shall provide additional data using forms approved
by Collier County..
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Packet Page -2094-
;
n
1/24/2012 Item 16.E.5.
Disincentive Charge: A late report charge of two hundred dollars ($200) per day, after the 15th of each
month, will apply for untimely reports. Penalties will apply to reports identified in the County's
standard operating procedures or required for FTA triennial review compliance and annual state
management reviews.
b. Route and Stop Summary Records:
The Contractor shall prepare, maintain, and verify all fixed route bus service and stop summary sheets, in a
format approved by Collier County. These reports shall be entered into a spreadsheet or database program to
track daily, weekly, monthly, and annual fixed route service statistics and trends, including boarding and
alighting counts and on -time performance on a route and stop level using a County approved form. The
Contractor shall work with the County to establish mutually acceptable procedures to record and measure on-
time performance for fixed route bus service.
This information will be furnished with the monthly invoice and presented to the County staff during
coordination meetings. The Contractor shall receive no reimbursement or payment for service that is not
supported by route and stop summary records.
c. Revenue Reports:
The Contractor will develop revenue procedures to assure that revenue collection, reconciliation, reporting, and
deposit procedures meet industry standards and conform to Federal, State, and County requirements. These
procedures must conform to Collier County cash management policies and are to be submitted to Collier
County for review and approval.
The Contractor shall also provide written documentation on daily reconciliation activities such as ticket sales,
cash, total revenue, and total deposit. The Contractor shall also provide fare box reporting including a daily and
monthly revenue and ridership, daily fare box data verification, daily exception reporting, and daily security
reporting.
d. Incident Reports:
The Contractor shall immediately report any unusual occurrence or conflict with a rider or other person(s).
e. Accident Reports:
The Contractor shall provide written documentation for any vehicle accident. The County will receive written
copies of incident and accident reports within 24- hours: of occurrence. A charge will be assessed for late
reports. The Contractor shall open or provide all records telative to this contract for inspection upon request.
The Contractor shall retain intact all documents, financial ' ecords, and supporting documents, for at least three
(3) years following contract closeout. Every accident o� any incident involving a rider /passenger, with or
A -17
Packet Page -2095-
1/24/2012 Item 16.E.5.
without bodily injury or property damage, must be reported to the County immediately but no more than two
(2) hours after the occurrence. A written report must be provided within 24 hours, and a full report with
photographs and police report must be submitted within seven (7) working days of the accident/incident. A
charge will be assessed for late reports. The Contractor must have a supervisor respond to the accident scene.
A summary of monthly accident occurrences shall be part of the monthly report.
f. Accident Investigations. Rating, and Follow -Up: (On Monthly Basis)
The Contractor will develop procedures to investigate, develop and rate each accident to determine if the
accident could have been prevented utilizing the National Safety Council definition of preventability. In
addition, this review will establish the need (and schedule; as necessary) for any corrective training, operating
guideline provision, or equipment maintenance or technical correction required, together with a follow -up to
assure that action has been completed. All staff involved in accident investigation must be properly trained in
accident investigation as required by the US Department of Transportation.
g. Emergency Preparation:
The Contractor will develop procedures and provide training programs, subject to County review and
approval, to address all types of emergency situations, including accidents, crime /security incidents, evacuation
procedures, and inclement weather.
h. Pre -Trip and Post -Trip Inspection Check Sheets:
The Contractor will ensure that all drivers properly complete and report body and mechanical defects on any
vehicle. The Contractor shall accomplish this by providing and utilizing Zonar, the new electronic pre -trip and
post -trip monitoring system for vehicle maintenance inspections and reports. A Vehicle Pre -Trip Inspection
report will be prepared each day for each vehicle, and completed by the driver to indicate that he /she has
checked the vehicle for body and mechanical defects prior to commencement of the driver's first run of the
day. A Post -Trip Inspection report will be prepared at the completion of the vehicle route for the dame day.
Daily records of pre -trip and post -trip inspections will be maintained by the Contractor, and provided to Collier
County as requested by the County.
i. Disadvantaged Business Enterprise (1}BELeports:
The state's Disadvantaged Business Enterprise (DBE) program provides guidance to grantees on the use of
overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE
participation where specific contract goals have been set, reporting requirements, and replacement of DBE
subcontractors. The County will be responsible for submission of all the reports for the DBE Program. The
Contractor will be responsible for monitoring subcontractors, reporting any changes in DBE participation, and
submitting required forms as provided by the County to ensure DBE compliance.
I A -18
Packet Page -2096-
. �
1/24/2012 Item 16.E.5.
j. National Transit Database Reporting (formerly FTA Section 1 S):
The Contractor will input and submit monthly (by the 151b of each month) and annually (by December 15th
each year) NTD reporting information to the County for required review and electronic submittal to the federal
government. The Contractor shall participate in odometer sampling audit days every 8d' day throughout the
calendar year to collect needed data for the NTD and/or to verify the accuracy of Mobile Data Terminals
(MDT's) or other automated data collection equipment, if used by the Contractor. In the future, CAT may use
Computer Assisted Dispatching (CAD) and Automatic Vehicle Location (AVL) systems as a new tool for
managing demand response service. MDT's feed critical information into scheduling software to assign trip
requests to specific routes. The system also helps to identify vehicles that are beginning to fall behind
schedule, which allows dispatchers to be more proactive in problem - solving. Today, this information is
primarily. tracked using dispatchlscheduling software reports and the surveying schedule is confirmed for
reporting compliance by the County.
Ic CAT Statistical Summary:
By the 15th day of each month, the Contractor shall prepare CAT statistical information for the County in
accordance with the adopted standard operating procedures.
1. Monthly Personnel Reports:
The Contractor will provide monthly personnel reporting including a listing of all employee positions by
department and classification, as well as information on position vacancies and required positions. The
Contractor will also provide a monthly listing, by department, of all employees in training.
M. Monthly Substance Abuse Test Results Summary:
The Contractor will provide a monthly summary report for random drug and alcohol screening results for all
safety sensitive positions. This report shall show time and date testing was completed.
n. Fleet Fuel Reports:
The Contractor will maintain a fuel log and report vehicle fuel consumption and any variances as requested by
the County.
o. Dispatch/Scheduling Software Reports:
The Contractor shall review and verify the following information on a daily basis, by vehicle, by route, and by
total fleet:
• Vehicle service hours
• Vehicle revenue miles
Vehicle total miles
• Missed trips, detailing cause
Packet Page -2097-
A -19
• Vehicle breakdowns and road calls
• MDT, silent alarm and/or. radio downtime
• Consumer and public complaints, comments and compliments
• Actual fare box collection amounts, by fare type
1/24/2012 Item 16.E.5.
Collier County shall have full access to all Contractor records at the operating facility. Full cooperation shall
be provided from the Contractor to the County monitoring program. The County's direct involvement in the
day -to -day operations of the service shall include, but not be limited to: on- street monitoring of drivers and
vehicles, inspections of equipment, customer service functions, contract compliance oversight, and quality
control. Collier County shall conduct unannounced periodic inspections to determine whether the - operations
meet the required specifications. Additional quality surveys and monitoring may occur through the use of a
"mystery rider" program under the direction of Collier County.
Collier County, as well as the Contractor, shall perform on -street monitoring of actual trips to include, but not
to be limited to:
• Spot inspections
• On -time performance
• Knowledge of service area and routing
• Driver assistance
• Driver appearance
• Vehicle appearance
• Driver log accuracy and completeness
• Wheelchair lift condition and operation
• Wheelchair securement systems condition and use thereof
• Safety equipment
• Driving habits
• Compliance with Florida Motor Vehicle Regulations
The Contractor must provide the County a service data summary and a monthly report for each component of
service for the previous month, by the 15th day of each month by route, vehicle and total, as appropriate. The
Contractor will provide the following monthly reports, including route and system wide summaries to the
County. This must include, but is not limited to, the following:
• Total weekday passenger trips
• Total Saturday passenger trips
• Total Sunday passenger trips
• On -time performance reports
A -20
Packet Page -2098-
1/24/2012 Item 16.E.5.
The Contractor will provide the following monthly reports to the County (by route, vehicle and total, as
appropriate). The following are minimum requirements for the reports:
• Weekday vehicles miles (revenue, deadhead, total)
• Saturday vehicles miles (revenue, deadhead, total)
• Sunday vehicles miles (revenue, deadhead, total)
• Weekday vehicle hours (revenue, deadhead, total)
• Saturday vehicle hours (revenue, deadhead, total)
• Sunday vehicle hours (revenue, deadhead, total)
• Record of accidents /incidents
• Other summary reports of corporate support, planning, training, reproduction of materials,
marketing, or other functions, as needed to document additional charges for services
The Contractor will be required to maintain service information necessary for all FTA reviews, including all
FTA Triennial Review information. Service information pertaining to the Triennial review must be maintained
in a filing system sorted by the general areas of review. This information must also be available in a
comparable electronic format sorted in the same manner.
Other additional reports will be required during the term of this contract. These include a System Safety
Procedures Plan (SSPP) and quarterly updates of Driver Rosters.
Customer Service
The .Contractor will be held to the highest standards for customer service. The Contractor will operate a
Customer Service Program, in accordance with the procedures mutually agreed upon by the County and the
Contractor, which accomplishes the following:
a. Customer Inquiries Complaints and Commendations
A main focus of the Customer Service Program is handling all customer /public inquiries, complaints or
commendations received by mail, fax, e-mail, phone, or in person. The
Customer Information Service hours will be seven day per week: Monday - Friday from
6:00 am. to 6:00 p.m. The hours may be extended in the future if a need is identified. All inquiries,
complaints, or commendations shall be recorded in a permanent customer comment. form and entered into a
customer service log (i.e. Microsoft Excel Spreadsheet). ; The comments are to be routed to the appropriate
Department for research and follow -up actions. Detailed questions and all complaints must receive follow -up
responses to customers within two (2) working days of ceipt. An important requirement of the program is
n supervision of information responses to assure quality coniol, accuracy, and customer service. In addition, the
A -21
Packet Page -2099 -
1/24/2012 Item 16.E.5.
Contractor shall monitor and schedule personnel necessary to effectively respond to incoming calls at a quality
level consistent with customer demand.
b. Computerized Database: Customer Complaints Comments. and Commendations
A report of customer complaints, comments, and commendations'is to be provided to the County monthly. The
report is to be organized by the customer comment category, by bus route, date, and customer name or
employee name. Follow -up actions taken-to address concerns must be specified in this report. All complaints
more than eight (8) working days old which have not resulted in a completed investigation and follow -up
response (telephone or written) to the customer must be listed separately and forwarded to the County.
c. Public Notification and Meetings
The Contractor will assist Collier County, as needed, in the coordination and promotion of public meetings.
This will include coordinating with County staff as requested in the preparation of public meetings, attendance
to public meetings, and assistance in preparing and posting notifications of meetings at bus stops, park -n- rides,
and transfer centers.
d. Ticket /Pass Sales Program
The Contractor will sell tickets and passes for fixed route service at the CAT facility during the hours of 6:00
a.m. to 6:00 p.m. on weekdays. The Contractor will accept payment by cash, check, and money order. In the
future, could include credit/debit cards. The Contractor is encouraged to supplement ticket/pass sales by
coordinating with convenience stores, grocery stares, and pharmacies regarding ticket/pass sales. All revenues
from the sales program are to be included in the passenger fare deposits. The Contractor must provide
complete accountability to the County for this program. A periodic inventory of tickets and passes will be
conducted on a quarterly basis.
e. Operating Lost and Found Program
Customer Service will be responsible for managing all lost and found articles from buses or at transit facilities.
This may include fielding inquiries on the phone or in person at the Customer Service Information Office. The
Contractor will follow the Lost and Found Procedures, as stated in the defined Standard Operating Procedures
Manual.
f. Photo Identification Cards
The Contractor will be required to prepare and issue identification cards to the elderly and disabled for federal
fixed route discount fare benefits. Collier County is responsible for providing equipment for this task. The
Contractor will record information and prepare,an identifibation (I.D.) card at the CAT facility for all eligible
passengers requiring the discounted fare. Information on the recipients will be entered and maintained on a
database, along with copies of appropriate documentatiot verifying individual eligibility. This information n
will be available for County review /access.
i A -22
Packet Page -2100-
1/24/2012 Item 16.E.5.
CAT Service Map
Packet Page -2101-
A -23
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A -23
1/24/2012 Item 16.E.5.
Attachment A :Xont'd.)
A -24
Packet Page -2102-
n
n
1/24/2012 Item 16.E.5.
Attachment B: Fixed Rofte Vehicle Inventory
Please Note: Highlighted items represent support vehicles
Source: Collier County Alternative Transporla, on Modes Department, February 2010
A -25
Packet Page -2103-
10063
2001
BLUEBIRD
24 PASS Bus
1BAGBCPA31F201473.
10066
2001
BLUEBIRD
24 PASS Bus
IBAGBCPAl1F201472
10067
2001
BLUEBIRD
24 PASS Bus
1BAGBCPA51F201474
10071
2001
BLUEBIRD
24 PASS Bus
1BAGBCPA21F201478
30988
2003 1FREIGHTLINER
CHAMPION
4UZAACBV23CM15847
30989
2003
FREIGHTLINER
CHAMPION
4UZAACBV43CM1598
30990
2003
FREIGHTLINER
CHAMPION
4UZAACBV63CM15849
42925
2004
FREIGHTLINER
CHAMPION
4UZAACBV54CN64822
42926
2004 IFREIGHTLINER
CHAMPION
4UZAACBV14CN64820
42927
2004 IFREIGHTLNR
CHAMPION
4UZAACBV44CN6481919
42928
2004
FREIGHTLINER
CHAMPION
4UZAACBV34CN64821
50382
2005
GILLIG
MIMIC
15GGE291951091092
50383
2005
QLLIG
029E102R2
15GGE291051091093
50384
12005
QLLIG
G29EI021C
15GCE291251091094
60091
2006
QLLIG
C29EI021V
15GO91661091164
60092
2006
GILLIG
15GGE291861091165
60093
2006
GILLIG
15GGE29IX61NI166
60094
2006
GILLIG
15GGE291161091167
30016
2003
FREIGHTLINER
CHAMPION
4UZAACBV43CK40002
CC2 -240
2007
GILLIG
G27E102
15GGE271471091596
CC2.241
12007
GILLIG
G27E102N2
15GGE271671091587
CC2 -242
2007
GILLIG
VEI
115G071871091588
CC2 -243
2007
GIILLIG
G27EI
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j
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96N1336035
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2009
FORD
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1FDNE31L29DA93932'
Please Note: Highlighted items represent support vehicles
Source: Collier County Alternative Transporla, on Modes Department, February 2010
A -25
Packet Page -2103-
u
1/24/2012 Item 16.E.5.
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1/24/2012 Item 16.E.5.
Attachment D:
Sample Description of Monthly Fixed Route Invoice Support
The County shall pay the Contractor based on the following schedule:
Section 1. Expenses.
The estimated costs for the contract are based upon the total route revenue hours approved by the County
multiplied by the fixed revenue hour rate. However the actual reports depicting the revenue hours for the
compensation period should be included as support documentation with the invoice.
Section 2. Fares.
The Contractor shall collect fares from each passenger. Such fares shall be reported to the County monthly.
The invoice submitted by the Contractor at the end of each month, shall include backup documentation of the
actual fares collected and deposits made to the County's account by the Contractor.
Section 3. Other Reimbursable.
The Contractor shall submit a monthly invoice to the County itemizing all reimbursable expenses that have
been pre - approved by the County with a copy of the County authorization.
Section 4. Other Expenses.
The Contractor shall submit copies of expenses paid for personnel, and other operational costs as itemized on
the Cost Proposal sheet in Attachment G.
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1/24/2012 Item 16.E.5.
^ Attachment E: Sample Monthly Fixed Route Invoice Form
OPERATOR:
For the Period of: to
Revenue Hour Cost:
revenue hour at $ per hour = Total Revenue Hour Cost $
Other Reimbursable Costs:
(All reimbursable costs must be pre- approved by the County. Please attach pre - approval documentation).
Please explain: $
Date:
n
$
$
Total Reimbursable Cost $
TOTAL PAYMENT DUE: �.
Fare Revenue Collected $
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1/24/2012 Item 16.E.5.
Exhibit H
PARATRANSIT SERVICES
TABLE OF CONTENTS
Description of Service .......................................................... : .......................... E -2
Scopeof Work ............................... ............................. ............................... E -4
1. System Planning and Administration ................................................................ E -5
E-.6
E
..............................................
2. Vehicle Servicing ....................................... ............. ...............................
3. Maintenance and Cleaning Responsibilities ........................... ............................E
-7
E -8
4. Safety Program .............................. ............................... I...........................
-8
5. Drug & Alcohol Testing Program ..... ............................... ............................E
6. Equal Employment Opportunity (EEO /Affirmative Action Program)..........................
E -9
7. Background Check/Training of Drivers . ............................... ...........................E
-10
8. Buy America Program ..................................
........................ .... .I................... ...........................E -13
9. Reports ....................................... ............................... ...........................E -14
10. Customer Service ............... ........ ............................... ...........................E -19
Attachment A: CAT Service Ma ............................... I ..... ...........................E -22
Attachment B: Paratransit Service Description ............................... .....................E -24
Attachment C: Sample Monthly Summary .......... ............................... ...............E -28
Attachement D: Sample Description of Monthly Fixed Route Invoice Support .................E -29
Attachment E: Sample Monthly Fixed Route Invoice Form ....................................... E -30
Attachment F: Paratransit Cost Proposal ....... I ........................... ...........................E -31
Attachment G: Medicaid Required Reports.......... ... ............................... .............E -34 .
Exhibit 3: FTA — Federal Grant Compliance Requi ments ........ ............................... E -35
E -1
Packet Page -2113 -
1/24/2012 Item 16.E.5.
COLLIER COUNTY PARATRANSIT SERVICE
COLLIER COMMUNITY TRANSPORTATION (CAP)
Description of Service
Collier County operates a complete brokerage system to coordinate transportation for the
disadvantaged citizens. Collier County is considered a complete brokerage, contracting all
paratransit and transportation disadvantaged operations to a provider firm. Collier County will
contract with Limousines of South Florida, Inc., dba Tectrans, Inc. to plan, operate, and manage
CAP paratransit services including: Americans with Disabilities Act (ADA), Transportation
Disadvantaged (TD), and Senior/Non- Emergency medical transportation services. Paratransit
services are provided to individuals who, because of physical or cognitive conditions, are unable
to access the fixed route bus service or when fixed route service is not available in an area and no
other means of transportation is available to an individual. Limousines of South Florida, Inc., dba
Tectrans, Inc. shall offer and maintain the highest service delivery standards and quality.
Three distinct transportation programs are provided under the paratransit program: ADA, TD,
and Medicaid. The ADA program provides service to people who reside within 3/4-miles of an
existing Collier Area Transit (CAT) fixed route bus service (with origins and destinations within
3/4-miles of a fixed- route), have transportation needs that fall within the CAT service schedule,
but cannot access the bus system due to a disability. The TD program provides service to people
residing in areas where CAT fixed route bus service is not available, and who have no other
means of transportation. The Medicaid program provides transportation for individuals on
Medicaid to Medicaid - eligible services who cannot travel by the CAT fixed route bus services
and have no other means of transportation. Medicaid service for those eligible TD clients is
available seven (7) days a week, 24 hours a day. Nearly all trips have an origin and destination
within Collier County. However, out-of-County trips may be provided for Medicaid clients, as
necessary and appropriate.
CAT provides fixed route bus services to areas throughout Collier County. There are currently
nine (9) routes, as shown on Attachment A — Collier Area Transit Route Map, providing
service coverage in Collier County. Eight: (8) of those routes also operate on Sunday with limited
hours. The service area is Collier County, including Naples, Marco Island, and Immokalee. The
total population of the service area is approximately 333,000. In FY 2009, a total of 113,385 one-
way trips were provided by CAP. Table 1 provides an overview of the CAP programs statistics
from the 2008 Collier County Tramvnnrtntin" TNcnrlvnntnoorl RPM)i. -P PlfM P r)_4ZP) V,,Y;nr
Update and reports from the Commission for the Transportation Disadvantaged (CTD) Annual
Performance Reports.
E -2
Packet Page -2114-
1/24/2012 Item 16.E.5.
Table 1: Paratransit Program Trend Analysis
.: ttq;4„� t }'��y�.��}D,.,��_�j"l� "'. n 1 }}
r,A��j��
� -k �k�
-,nT'f�•� , °�` �y�
5"k`. -,v� �tti -+f
+frt� t, . r *+YM�+`�,.
iV � � �.5 a
ks�AII�G i'
0"'1 '�
Potential TD Popnlatior►
111,054
114,86
118,813
122,912
127,163
14.51%
Total Passenger Trips
235,463
264,8
214,799
190,228
344,566
4634%
Paratransit Passenger Trips
132,688
98,776
161,931
104,464
113,385
_14.55%
Total Vehicle Mlles
1,368,349
1,250,5
1,510,598
1,320,379
1,337,98
_2.22%
Total Revenue Mies
1,201,882
1,035,785
1,229,148
1,104,340
1,130,544
- 5,94%
Vehicle Mies per Paratransit
Passenger Trip
10.31
12.6
;
9.33
12.64
11.80
14.43%
Vehicle Mlles per Passenger Trip
5.81
4.72
7.03
6.
3.88
- 33.18%
Revenue Mies per Paratransit
Passenger Trip
9.06
10.49
7.59
10-57
9.97
10.08%
Revenue Miles per Passenger Trip
5.10
3.91
5.72
5.81
3.28
3572%
Operating Expense
$3279,148
$3225,858
$3,593,099
$3281,37
$3,652,743
11.39%
Operating Expense per Paratransit
Passenger Trip
$24.71
$32,66
$22.19
$31.41
$32.22
30.36%
Operating Expense Per Passenger Trip
$13.93
512.18
$16.73
$11.25
$10.60
- 23.88%
Operatng Expense per Vehicle Mies
$2.40
$2.58
$2:38
$2.49
$2.73
13.92%
Passenger Tripssn D Capita
2.12
2.31
1.81
1.55
2.71
27.84%
per
Accidents r 100,000 Mies
0.88
1.28
1.68
2,8
2.32
Vehicle Mies Between Road Calls
57,015
11,579
84,245
45,530
14,084
- 75.300/9
Source:
Florida Commission for the Transportation Disadvantaged (CTD): Annual Performance Reports,
2005 -2008
*Discussions with CAT staff revealed that the Federal. Transit Administration (FTA) Section 5311 funded trip data had been
included in the National Transit Database (NTD) Report for the feed route system. In order to effectively compare these
systems, Section 5311 data has been added to the totals rejtected above.
Packet Page -2115-
E -3
1/24/2012 Item 16.E.5.
Scope of Work
The Contractor will provide a turnkey operation, meeting all requirements pertaining to CAP.
paratransit services, and involving all aspects of paratransit services including administration,
operations, planning, and all relevant requirements. of the ADA. A Director of Operations shall
administer and manage the program, including submitting timely reports. All reports described
in this Scope are due by the fifteenth (15'') day of each month, unless otherwise stated. Other
duties will include the training of all staff, including drivers, dispatchers, reservationists, etc. The
Contractor will provide door -to -door shared-ride. demand responsive paratransit services for
persons who are eligible for paratransit as defined by the ADA certification process and the 2009
Collier County TDSP3. The Contractor shall adhere and comply with all TDSP guidelines. The
Contractor shall adhere and comply with the Medicaid Contract. The paratransit service program
is described in Attachment B — Paratransit Service Description.
The Contractor will operate the paratransit service .program between the hours of 6:00 a.m. and
6:00 p.m. Each of the three (3) paratransit programs has different hours of operation and fare
structures, as described here and detailed in Attachment B — Paratransit Service Description.
TD and ADA service is provided during the hours when fixed route service runs. Depending
upon trip purpose and need, Medicaid trips may be provided twenty four (24) hours a day and
seven (7) days per week. After hours calls will need to be forwarded to contract carriers who
provide service twenty four (24) hours a day for Medicaid eligible clients.
■ The ADA program provides demand responsive services during the same hours as
fixed route bus services for eligible persons who are unable to use fixed route bus
service and reside within 3/4 -mile of these bus routes. The current ADA base fare is
two dollars ($2.00) per one -way trip.
■ The TD program provides demand responsive services during the same hours as fixed
route services for qualifying persons who have been certified by the agency and have a
trip need outside of the fixed route bus service area and no other means of
transportation available to them. The TD fares vary based on income and range
between $2.00 and $6.00 per one -way trip, as appropriate based on the qualifying
individual's income.
■ The Medicaid program provides trips for Medicaid eligible services to those persons
who cannot travel by fixed route and have no other means of transportation. Medicaid
fares are one dollar ($1.00) per one -way trip. Nearly all trips have an origin and
destination within Collier County. However, out -of- County trips are provided for
Medicaid clients.
3 The 2009 Collier County Annual Transportation Disadvantai Eed Service Plan is available for download from the
.--�
Collier MPO Website at:
https://www.communicationsmgr.com/projects/Collier—MPO-: Admin/docs /Appproved %202009° /o20TDSP %20Min
or° /a20Update.pdf
E -4
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1/24/2012 Item 16.E.5.
Collier County reserves the right to amend the paratransit fare structure and hours of operation.
Please refer to the most recent CAT schedule for current fixed route bus service operating hours.
Currently, CAT fixed route bus services operate between 4:00 a.m. and 5:00 p.m. with specific
operating hours varying by route. This schedule is subject to changes. Collier County is
responsible for notifying the selected Contractor of all changes in schedules and hours of
operation. Paratransit service will be provided throughout the year except on the following
Holidays: New Year's Day, Memorial. Day, July 4`h, Labor Day, Thanksgiving Day, and
Christmas Day.
Collier County shall provide the revenue vehicles for use in the provision of these services.
Collier County or its representative shall be entitled to conduct inspections of any vehicle used in
the operations of the CAP system to determine compliance with contract provisions. If vehicles
are not available, the County may contract with the Contractor to provide vehicles, fuel, and
maintenance.
1. System Planning and Administration
The Contractor is responsible for providing recommendations related to all paratransit planning
activities relative to CAT routes, door -to -door demand responsive services, schedules, days and
hours of operations, preparation of all planning documents, cost estimates and other such
activities relative to overall system administration, pending the County's approval. The
Contractor will be responsible for all reporting of paratransit services to the County and the
Commission for the Transportation Disadvantaged. The Contractor will have the responsibility
to certify passengers of the paratransit service, schedule services, and coordinate meetings as
needed. In addition to these general tasks, periodic contract monitoring is the responsibility of
the Contractor. The Contractor will be responsible for identifying upcoming funding needs for
the system and providing recommendations for pursuing federal, state, and local grants on a
quarterly basis. Daily administrative costs and training for employees necessary to meet these
responsibilities will be the responsibility of the Contractor.
The Contractor is responsible for the preparation and administration of all documentation
associated with the operation of the CAP service, as stated in the required reporting section.
Collier County will be responsible for purchasing office equipment and costs for equipment
repair in meeting system and administration responsibilities. The Contractor will be responsible
for the day to day costs associated with performing these functions, including, but not limited to:
printing supplies, daily office inventory supply items, etc. for contractor's day to day operational
use, not for public distribution.
In addition to regular paratransit operations, the Contractor will, from time to time, be required to
attend and provide special event transportation services within the CAT service area using CAT
vehicles. All passenger fares (if any) for the special vents service are the property of the County
and are to be accounted for and deposited using the same procedures followed for the regular
operations on the paratransit service.
E -5
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1/24/2012 Item 16.E.5.
The County is responsible for reviewing and printing of all documents for distribution to the
public. For example: schedule passes, tickets, tokens or cards, etc. The Contractor will be
responsible for maintaining an inventory of schedules, passes, tickets, and tokens or cards, and
providing the County with sufficient .notice for preparing and printing these items. The
Contractor will be. responsible for distributing these materials as appropriate. The Contractor is
responsible for preparing a monthly report of the bus pass. usage by type and provides such report
to the County
2. Vehicle Servicing
The Contractor shall operate an adequate number of vehicles in service at all times to efficiently
provide the required service, allowing an adequate spare ratio for routine maintenance to be
scheduled. The Contractor will establish a schedule for routine maintenance of vehicles as well
as regular communications with Collier County staff and the responsible entity for the vehicle
maintenance program to determine maintenance schedules, non - routine maintenance reporting
and scheduling procedures, and acceptable timelines for vehicles in shop and out of service. A
vehicle maintenance program is required to be coordinated with County staff and must include at
least schedules for vehicle preventive maintenance, safety inspections, and vehicle repair
records. The vehicles shall be maintained per the manufacturer's instructions and warranties.
The Contractor agrees to use the vehicles in a careful and proper manner for the intended service
only and to comply with all federal, state, local, or other governmental laws, regulations,
requirements and rules with respect to use, maintenance, and operation of the vehicles. The
vehicles shall not be operated beyond the limits established in the applicable policies of
insurance as hereinafter set forth, and may only be used for the transportation of passengers.
The Contractor shall establish a communication protocol with Collier County staff and the
responsible entity for vehicle maintenance to identify vehicles which need preventive
maintenance, and those which are in need of non - scheduled maintenance as identified through
pre -trip and post -trip inspections of vehicles on a daily basis. The Contractor will ensure that all
drivers properly complete and report body and mechanical defects on any vehicle. The
Contractor shall accomplish this by utilizing Zonar; the new electronic pre -trip and post -trip
monitoring system for vehicle maintenance inspections and reports. A Vehicle Pre -Trip
Inspection Sheet will be prepared each ;day for each vehicle, and completed by the driver to
indicate that he /she has checked the vehicle for body and mechanical defects prior to
commencement of the driver's first run of the day. A Post -Trip Inspection Sheet will be
prepared at the completion of the vehicle route for the same day. Daily records of pre -trip and
post -trip inspections will be maintaine& by the Contractor, and provided to Collier County as
requested by the County. The wheelchair lift on Ieach vehicle shall be cycled once prior to
departure for service each day.
i
i
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1/24/2012 Item 16.E.5.
In the event that towing of any County -owned vehicle is required due to mechanical failure,
damage, etc., the Contractor shall be responsible to arrange such towing, through a company
selected by the County. Towing costs for all County -owned vehicles will be paid for by the
Contractor.
The Contractor shall perform daily vehicle inspections, maintain logs of daily serving, and
schedule and report all service activities necessary to operate all paratransit vehicles and
equipment safely and efficiently. Daily vehicle inspections and maintenance responsibilities shall
include, but not be limited to:
■ Recording field usage and charting bus fuel use by vehicle
■ Re- fueling of fixed route vehicles at the end of service
■ Scheduling and performing regular vehicle service activities, as follows:
■ Engine oil, coolant, transmission fluid, and windshield washer service needs
■ Fare box vault pulling and replacement
■ Tire inspection (air pressure, tread depth, and wear)
■ Brake check
■ Exterior and interior light operations
■ Interior sweeping and dusting
■ Exterior and interior visual inspection
■ Identify unreported damage
The Contractor shall develop, implement, and maintain a written checklist of items included in the
daily inspection and/or servicing of each vehicle. The checklist shall be computerized and kept on
file for the County review for five (5) years.
3. Maintenance and Cleaning Responsibilities
The Contractor shall maintain buses in a clean and neat condition at all times as described below.
Vehicle exteriors and wheels should be washed at least once per week or as necessary to
maintain a neat appearance. In addition, all vehicle interiors shall be cleaned, including trash
removal, sweeping, vacuuming, or mopping, as needed after each day's use. Ceilings, windows,
dashes, walls, stanchions, and grab rails shall be thoroughly cleaned once per week or as
necessary. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from
interior surfaces during the daily interior cleaning process. Upholstery shall be steam cleaned as
necessary, but at least quarterly, and: upholstery damage shall be scheduled for repair
immediately upon discovery. The cost of upholstlry repairs shall be the responsibility of the
County. Rubber or vinyl exterior components such s tires, bumper fascia, fender skirts and door
edge guards shall be cleaned and treated with 4 preservative as necessary to maintain an
attractive appearance and consistent with the bus wrap vendor's maintenance suggestions. All
regular cleaning supplies shall be the responsibility of the Contractor.
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1/24/2012 Item 16.E.5.
Buses shall be kept free of vermin and insects at all times. The Contractor shall be responsible
for monthly pest control treatment and exterminating all vermin and insects from all vehicles
immediately upon their discovery, The contractor shall utilize safe, non - hazardous and
Environmental Protection Administration (EPA)- approved insecticides/materials.
The Contractor shall maintain facilities provided for their use in a clean and neat condition at all
times. If necessary the Contractor shall maintain the facilities by removing trash, sweeping,
vacuuming or mopping in order to maintain an attractive appearance at all times. All facility
repairs shall be reported to the County utilizing the Facilities Department's Work Order System.
4. Safety Program
A written safety program shall be developed and maintained by the Contractor which includes
safety policies and practices, accident procedures and reporting, and other training materials and
documented in the system Safety Program Plan (SSPP) and the System Security Emergency
Preparedness Plan (SSEPP). Collier County will conduct an annual System Safety review of the
Contractor to comply with safety requirements of Chapter 14 -90, Florida Administrative Code
(FAC). The Contractor shall have a documented safety program that includes the following
components:
• Accident Response Plan
• Accident Review Process and Analysis
• Determination of an accident as preventable or non - preventable, utilizing the
National Safety Council (NSC) guidelines
• Employee Retraining Provisions
• Driver Incentive Provisions
• Programs and methods to be utilized to promote safety awareness
• Employee training and required certifications
The Contractor shall participate in tabletop, emergency preparedness and training exercises as
requested by the County. The contractor is considered essential personnel and shall be available
upon request for evacuation and transportation for any emergency events 24/7.
S. Drug & Alcohol Testing Program
The Contractor shall administer a drug and alco col (D &A) program which meets all of the
Federal and Collier County requirements. CAP is re uired to perform D &A testing in accordance
with United Stated Department of Transportation OJS DOT) and Federal Transit Administration
E -8
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1/24/2012 Item 16.E.5.
(FTA) regulations, as defined in Title 49 Code of Federal Regulations (CFR), Parts 40 and 655.
� The selected Contractor will be required to perform D &A testing in accordance with Collier
County's Risk Management policies as well as US DOT and FTA requirements. As a sub-
contractor, the selected Contractor must have a Substance Abuse Testing Program in place which
meets all the criteria of the US DOT, the FTA, and Collier County. The selected Contractor will
be required to incorporate these requirements into their program. The Contractor agrees to
produce documentation necessary to establish its compliance with Title 49 CFR, Parts 653 and
654; and to permit any authorized representative of the US DOT or its operating administrations,
the Florida Department of Transportation (FDOT� or Collier County to inspect facilities and
records associated with the implementation of the* testing program required by Title 49
CFR, Parts 653 and 654. Documentation of test results will be maintained in personnel files by
the Contactor and shall be made readily available for inspection by Collier County.. The
Contractor will send a monthly compliance letter to the County as proof of compliance with the
program.
Late reports are subject to a Late Report Charge of five hundred ($500.00) per day after the 15th
of each month. It is understood that failure to comply with any requirement outlined in Title 49
CFR, Parts 653 and 654, or failure to submit any required certification or documentation shall be
considered a material breach of contract and grounds for contract termination under for -cause
provisions. Collier County has a zero tolerance for positive D &A tests and requires the same
policy to be enforced by the Contractor.
6. Equal Employment Opportunity (EEO /Affirmative Action Program)
The Contractor must develop and implement an EEO and Affirmative Action program that meets
or exceeds all federal, State, and County .policies. The Contractor shall prepare an EEO program
that complies with FTA Circular 4704.1: "Equal Employment Opportunity Program Guidelines
for Grant Recipients" and submit to County by January 15`x' of each year. The Contractor will
update the program as needed and submit it annually to the County.
E -9
Packet Page -2121-
.
1/24/2012 Item 16.E.5.
7. Background Check/Training of Drivers
The Contractor will administer a background check of all drivers (including subcontracted
drivers) before participation in the program, as described in detail below. It is important that
CAP provide professional and consistent levels of safe, high quality service to all riders. The
Contractor must meet and/or exceed Collier County standards regarding eligibility to drive a
County vehicle. All drivers, including subcontracted drivers, utilized in CAP service must meet
the following employment standards:
• Each driver must pass an FDOT pre - employment physical examination certifying
they are physically able to perform the essential functions of the job with or without
reasonable accommodations and an .updated physical examination record must be
submitted every two (2) years.
■ Each driver must have a Department of Motor Vehicles (DMV) Report completed
prior to driving any vehicle in service.
■ Each driver must pass a pre - employment D &A test prior to driving or performing any
safety sensitive functions.
■ Each employee must pass a. background check for criminal offenses to carefully
screen personnel that have direct contact with clients /riders. Any applicant for a
driving position shall not have been convicted of a felony and/or a variety of
misdemeanor offenses. A criminal background check must be completed prior to
driving any vehicle in service. A driver may not have any felony convictions, or have
been convicted of any crimes against children or financially exploiting a person with
a disability. This background check must include a comprehensive out of state
review.
■ Each driver must possess and maintain. a Commercial Driver's License (CDL) with
the proper endorsements.
■ Each driver must be a licensed driver for a minimum of three (3) years.
■ Each driver must possess a safe driving record.
■ Each driver must comply with all federal, state, and municipal requirements. for
substance abuse testing.
■ Each driver must be dressed in appropriate attire that consists of a uniform, to be
provided by the Contractor.
The Contractor is further required to:
• Conduct mandatory monthly safety meetings for all drivers. In addition, driver
meetings shall include an opportunity fc r drivers and supervisors to interact with each
other and various staff members which i iake up the operations team.
• Check DMV records for each driver it least every six (6) months for accidents,
E -10
Packet Page -2122-
1/24/2012 Item 16.E.5.
violations, and valid driver's licenses of all vehicle drivers. A driver must have an
acceptable driving record of not more than seven (7) points in the last three (3) years
and no DUI convictions within the last five (5) years.
■ Ensure appropriate level of back -up /extra board drivers to ensure continuity of
service.
• Ensure vehicle drivers adhere to policies regarding professional behavior such as
smoking, eating, drinking, cellular telephone usage, appropriate music selection, and
volume, etc. i.
• Ensure each driver and road supervisor have an accurate clock or watch (set daily)
displaying hours and minutes available and in clear sight at all times during the
operation on any vehicle.
• Provide appropriate employee training in accordance with FTA and FDOT
requirements, to include at minimum:
1.
Ensure that all employees complete a Customer Relations Course
2.
A minimum of 60 hours of training prior to driving a vehicle in service.
3.
Passenger Assistance Technique (P.A.T.) — At least four (4) hours of instruction
on passenger assistance, approved by Collier County. This training must satisfy
the paratransit service Passenger Assistance Training/ Sensitivity requirement of
Rule 14 -90. The Contractor's trainer shall conduct and document an on -board
evaluation with each operator. Training shall include elderly and disability
sensitivity components, passenger relations and assistance, passenger handling,
securement of wheelchairs, use of seatbelts, assistance to the visually impaired,
and dealing with service animals.
4.
Adult and juvenile Cardiopulmonary Resuscitation (CPR) training including
general first aid, proper response to emergency medical needs of riders, and
hazardous waste disposal procedures.
5.
Defensive Driver Training per the National Safety Council standards or an
equivalent course approved by Collier County.
6.
Vehicle breakdown, accident, passenger incidents, adverse weather and other
emergency /safety procedures including emergency vehicle evacuation.
7.
Policy instruction, such as trip scheduling, service hours, service area, complaint
procedures, wait time, fare structure, transfers locations, ADA operation, etc.
8.
Vehicle and equipment operations, including proper two -way radio protocol,
wheelchair and scooter securemenj, ramp operations, and operation of any
automated devices installed in the vehicle.
9.
Knowledge of service area, map reading, address locating, and familiarity' with
streets and landmarks.
10.
Safe operation of vehicles and post -a cident procedures.
11.
Post Accident Retraining is required J or a driver after a preventable accident.
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1/24/2012 Item 16.E.5.
12. Sensitivity training to develop skills and increase understanding of people with
disabilities, all sexual orientations, diverse cultures, races, and ages.
13. Familiarity with the completion of necessary paperwork such as trip sheets
(manifest), pre -trip inspection forms, accident reports and incident reports.
The Contractor shall develop, implement, and maintain a formal training and retraining program,
which shall be subject to review and approval by the County. All operators, dispatchers,
customer service personnel, supervisors and' managers shall participate in the program. Training
costs for this program will be the responsibility of the Contractor. All employees having contact
with the public must complete a Customer Relations course. The purpose of the course is to help
provide employees with skills in providing quality customer service to passengers and the public.
As part of the training program, the Contractor shall prepare and distribute to all operators,
dispatchers, telephone operators, and supervisors a Driver's Manual. Contents of the Driver's
Manual shall include the following subject areas: driver's rules; accident/incident policies; radio
policies and procedures; fare box policies and procedures; fog and inclement weather policy;
vehicle inspection, care and maintenance policy and procedures, reporting procedures and
pertinent sample forms. The Contractor must certify in writing, by name, each individual
operator as having satisfactorily completed all requirements and training courses prior to
allowing that individual operator to operate a bus in revenue service.
The Contractor must provide Collier County with evidence that all drivers have completed the
training program offered by the Contractor prior to driving and as required. The Contractor shall
ensure that all drivers receive refresher classes or repeat new employee training at a minimum of
four (4) hours every year. Drivers - must obtain CPR certification annually and first aid
certification every two (2) years. The Contractor shall provide Collier County with quarterly
updates of Driver Rosters. Each roster entry shall indicate at a minimum: driver's name, address,
date of birth, date of hire, driver's license number, expiration date, training dates, latest D &A
test, and Motor Vehicle Record (MVR) review date. Ongoing training classes shall be included
as part of the quarterly report.
Additional training, above and beyond those outlined in this scope of services, and will be paid
by the County. The Contractor will be responsible for ensuring that all employees are proficient
and knowledgeable to perform job responsibilities. General training for tasks related to required
job responsibilities will be the responsibility of the Contractor.
The Contractor shall maintain all training progr8 ms and keep records documenting course
completion in each employee's personnel file. Thl Contractor shall provide documentation of
the formal training program to Collier County s ff annually, and inspect all subcontractors
'
quarterly to ensure compliance with training prog s. The Contractor shall make available a
complete copy of all course outlines, instructor information, training materials, and handbooks
E -12
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1 /24/2012 Item 16.E.5.
pertaining to paratransit training to Collier County for review and approval. Collier County staff
may attend training sessions given by the Contractor.
The Contractor shall require all personnel providing transportation to maintain driver licensing
and registration requirements. and maintain acceptable MVR's. Documentation to support these
requirements shall be filed with or made available to Collier County by the Contractor. It is
understood that failure to comply with any background screening or training requirements listed
above or failure to submit any required certification or documentation shall be considered non-
performance. The Contractor must conduct checks and administer oversight to ensure that all
driver requirements are met subject to the following standards and penalties:
• Standard for MVR Reviews: The Contractor shall review driver's MVR's at
least once every six (6) months. Compliance shall be monitored by Collier
County personnel on a random basis.
• Standard for Background Screening Reviews: The Contractor shall update
employee background screening at least once every six, (6) months. Compliance
shall be monitored by Collier County personnel on a random basis.
• Disincentive Charge: Failure to meet driver licensing and registration
requirements, as stated above, shall result in a charge of one thousand dollars
($1,000) per incident.
8. BuyAmerica Program
The Contractor agrees to comply with 49 U.S.C. 5323() and 49 C.F.R. Part 661, which provide.
that Federal funds may not be obligated unless steel, iron, and manufactured products' used in
FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA
or the product is subject to a general waiver. Separate requirements for rolling stock are set out at
49 U.S.C. 53230) (2) -(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United
States and have a 60 percent domestic content.
Collier County will provide pre and post delivery inspections for compliance with Buy America
provisions. The Contractor will be responsible for all training expenses related to compliance
with this program.
I
1
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Packet Page -2125-
1/24/2012 Item 16.E.5.
9. Reports
Timely and accurate reports and records will be submitted to Collier County. Collier County
views statistical reporting as a critical element of effective service planning, service quality
evaluation, and policy development. It is, therefore, deemed important that the proposer assign
staff with the qualifications and time to edit files, create, and evaluate reports using the
scheduling/dispatching software, and other automated and/or manual methods.
The following guidelines are provided as basic information regarding the nature of reports that
will be required during the course of this contact. Attachment C of Exhibit I provides detailed
information on reporting currently required. Collier County from time to time may require
changes in forms, record keeping and/or reporting procedures to serve the needs of the agency.
Service Delivery Records:
The Contractor shall prepare and maintain all service delivery records and provide the operating
statistics to Collier County no later than the fifteenth (15`) day of each month and submit to
Collier County. The Contractor shall also complete and submit to the County the Annual
Operating Report (AOR) data by July 1"- The Contractor shall also input and submit monthly
(by the fifteenth (15'') of each month and annually @y December 15`h each year) National Transit
Database (NTD) data in the NTD system and provide to Collier County for required review and
final submittal to the federal government by the County. These annual reports will be presented
to Collier County in draft form at least fifteen (15) days prior to their due dates for review and .--�
approval.
Standard for State and Federal Data Reports: The Contractor shall assist Collier County
to collect annual and monthly data on service by reporting information including, but not
limited to, collection of detailed passenger boarding and alighting counts, total paratransit
passenger trips, passenger miles, vehicle revenue miles, vehicle revenue hours, operating
expenses, passenger trips, operating expenses per revenue hour, operating expenses per
passenger trip, passengers per revenue mile, passengers per revenue hour, administration
of questionnaires, and shall provide additional data as requested using forms approved by
Collier County.
Disincentive Charge: A late report charge of two hundred dollars ($200) per day, after
the fifteenth (15`h) day of each month, will apply for untimely reports. Penalties will
apply to reports identified in the County's standard operating procedures or required for
FTA triennial review compliance and annual state management reviews.
a. Trip Summary Records:
The Contractor shall prepare, maintain, and verify all trip summary sheets in a format approved
by Collier County. These reports shall be entered into a spreadsheet or database program to track
daily, weekly, monthly, and annual paratransit se ice statistics and trends, including boarding
and alighting counts and on -time performance on trip level using a County approved form.
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1/24/2012 Item 16.E.5.
The Contractor shall work with the County to establish mutually acceptable procedures to record
and measure on -time performance for paratransit service. Information will be furnished with the
monthly invoice. The Contractor shall receive no reimbursement or payment for service that is
not supported by a trip sheet or a trip record.
b. Callback Sheets:
The Contractor shall prepare and maintain callback, listings on a daily basis on a form agreed to
by Collier County. The Callback Sheet is a form maintained by the Contractor documenting
every call to a rider advising that the vehicle will be ten (10) or more minutes early or late,
changes to the pick -up window or appointment time, or updates to the rider's schedule.
c. Revenue Reports:
The Contractor will develop revenue procedures to assure that revenue collection, reconciliation,
reporting, and deposit procedures meet industry standards and conform to Federal, State, and
County requirements. These procedures must conform to Collier County cash management
policies and are to be submitted to Collier County for review and approval.
The Contractor shall also provide written documentation on daily reconciliation activities such as
ticket sales, cash, total revenue, and total deposit. The Contractor shall also provide farebox
n reporting including a daily and monthly revenue and ridership, daily farebox data verification,
daily exception reporting, and daily security reporting.
d. Incident Reports:
The Contractor shall immediately report any unusual occurrence or conflict with a rider or other
person(s).
e. Accident Reports:
The Contractor shall provide written documentation for any vehicle accident. Collier County
will receive written copies of incident and accident reports within twenty four (24) hours of
occurrence. A charge will be assessed for late reports. The Contractor shall open or provide all
records relative to this contract for inspection upon request. The Contractor shall retain intact all
documents, financial records, and supporting documents, for at least three (3) years following
contract closeout.
Every accident or any incident involving a rider /passenger, with or without bodily injury or
property damage, must be reported to Collier County immediately but no later than two (2) hours
after the occurrence. A written report must be provided within'twenty four (24) hours, and a full
report with photographs and police report must be; submitted within seven (7) working days of
the accident/incident. A charge will be assessed for late reports. The Contractor must have a
supervisor respond to the accident scene. A s mmary of monthly accident and incident
occurrences shall be part of the monthly report.
.i
. Pre -Tri p and Post -Trip Inspection Check Sheets:
E -15
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1/24/2012 Item 16.E.5.
The Contractor will ensure. that all drivers properly complete and report body and mechanical
defects on any vehicle. The Contractor shall accomplish this by providing and utilizing Zonar;
the new electronic pre -trip and post -trip monitoring system for vehicle maintenance inspections
and reports. A Vehicle Pre -Trip Inspection report will be prepared each day for each vehicle,
and completed by the driver to indicate that he /she has checked the vehicle for body and
mechanical defects prior to commencement of the driver's first run of the day; A Post -Trip
Inspection is report will be prepared at the completion of the vehicle route for the same day.
Daily records of pre -trip and post -trip inspections will be maintained by the Contractor, and
provided to Collier County as requested by the County.
g. Disadvantaged Business Enterprise (DBE) Reporting:
The state's Disadvantaged Business Enterprise (DBE) program provides guidance to grantees on
the use of overall and contract goals, requirement to include DBE provisions in subcontracts,
evaluating DBE participation where specific contract goals have been set, reporting
requirements, and replacement of DBE subcontractors. The County will be responsible for
submission of all the reports for the DBE Program. The Contractor will be responsible for
monitoring subcontractors, reporting any changes in DBE participation, providing evidence of
good faith efforts and submitting required forms as provided by the County to ensure DBE
compliance.
h. NTD Reporting (formerly FTA Section 15): ^
The Contractor will input and submit monthly (by the fifteenth (15`h) of each month) and
annually (by December 15`h each year) NTD reporting information to the County for required
review and electronic submittal to the federal government. The Contractor shall participate in
odometer sampling audit days every eighth (8`h) day throughout the calendar year to collect
needed data for the NTD and/or to verify the accuracy of Mobile Data Terminals (MDT's) or
other automated data collection equipment, if used by the Contractor. In the future, CAT may
use Computer Assisted Dispatching (CAD) and Automatic Vehicle Location (AVL) systems as a
new tool for managing demand response service. MDT's feed critical information into
scheduling software to assign trip requests to specific routes. The system also helps to identify
vehicles that are beginning to fall behind schedule, which allows dispatchers to be more
proactive in problem - solving. Today, this information is primarily tracked using
dispatch/scheduling software reports and the surveying schedule is confirmed for reporting
compliance by the County.
i. Medicaid Reports:
The Contractor shall provide the required reports from the Florida Commission for the
Transportation Disadvantaged (CTD) for Medicaid jtrips by the due date requested on the table in
Attachment G — Medicaid Required Reports. !!,
1
j. Community Transportation Coordinator (CTQ Siatistical Summary:
E -16
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1/24/2012 Item 16.E.5.
For each calendar month, the Contractor shall prepare a summary report for the Monthly CTC
Statistical Summary. The report is finalized by Collier County with data compiled from the
scheduling/ dispatch software program.: Attachment C - Sample Monthly Summary is an
example of an acceptable summary report.
k Quarterly Personnel Records
The Contractor will provide quarterly personnel reporting including a listing of all employee
positions by department and classification, as well as information on position vacancies and
required positions. The Contractor. will ;also provide a quarterly listing, by department, of all
employees in training.
1. Monthly Substance Abuse Test Results Summary:.
The Contractor will provide a monthly summary report for random D &A screening results for all
safety sensitive positions. This report shall show time and date testing was completed.
m. Fleet Fuel Reports:
The Contractor will report monthly vehicle fuel consumption and any variances.
n. DispatchlScheduling Software Reports:
The Contractor shall review and verify the following information on a daily basis, by vehicle and
by total fleet:
■ Vehicle service hours
■ Vehicle revenue miles
■ Vehicle total miles
■ No shows, late trips and missed trips, detailing cause
■ Vehicle breakdowns and road calls
■ MDT, silent alarm and/or radio downtime
■ Consumer and public complaints, comments, and compliments
■ Actual fare box and donation collection amounts
Collier County shall have full access to all Contractor records at the operating facility. Full
cooperation shall be provided from the Contractor for the Collier County monitoring program.
Collier County's direct involvement in the day -to -day operations of the service shall include, but.
not be limited to: on- street monitoring of drivets and vehicles, inspections of equipment,
customer service functions, contract compliance o*ersight, and quality control. Collier County
shall conduct unannounced periodic inspections toy determine whether the operations meet the
required specifications. Additional quality surveys 4nd monitoring may occur through the use of
a paratransit "mystery rider" program under the dire�tion of Collier County.
E -17
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I
1/24/2012 Item 16.E.5.
Collier County, as well as the Contractor, shall perform on- street monitoring of actual trips to
include, but not limited to:
• Spot inspections
• On -time performance
• Knowledge of service area and routing
• Driver assistance
• Manifest accuracy and completeness
• Driver appearance
• Vehicle appearance
• Wheelchair lift condition and operation
• Wheelchair securement systems condition and use thereof
• Safety equipment
• Driving habits
• Compliance with Florida Motor Vehicle Regulations
The Contractor must record daily the following information:
• Actual pick -up and drop off location
• Actual pick -up and drop off time
^
• Actual mileage reading at pick -up and drop off of each passenger
• Total cancellations
• Total no -shows
• Total missed trips
• Vehicle miles (revenue miles, deadhead miles, total)
• Vehicle hours (revenue hours, deadhead hours, total)
The Contractor must provide Collier County a service data summary and a monthly report for
each component of service for the previous month by the fifteenth (15th) of each month. This
must include, but is not limited to the following:
• On time performance reports comparing the actual pick -up and drop off times to
the schedule for all trips during the month.
• Invoice should include the total number of individual trips and multi -Ioad trips,
and also include the total number of Personal Care Attendants (PCA's).
• Client billing must be sorted in chronological order by date and vehicle number,
and must include origin and destinati n, as well as unit cost per trip.
■ Client billing must also be sorted al habetically by client, and include total trips
taken for the month and the unit cost er trip. ^
I E -18
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1/24/2012 Item 16.E.5.
The Contractor will provide the following monthly reports to Collier County:
n
■ Total weekday passenger trips (ambulatory and wheelchair)
■ Total Saturday passenger trips (ambulatory and wheelchair)
■ Total Sunday passenger trips (ambulatory and wheelchair)
■ Total cancellations
■ Total no shows
■ Total missed trips
■ Total PCA's
■ On time performance reports
■ A summary of monthly accident occurrences
■ Other summary reports as needed to document charges for services
■ Weekday vehicles miles (revenue, deadhead, total)
■ Saturday vehicles miles (revenue, deadhead, total)
■ Sunday vehicles miles (revenue, deadhead, total)
■ Weekday vehicle.hours (revenue, deadhead, total)
■ Saturday vehicle hours (revenue, deadhead, total)
■ Sunday vehicle hours (revenue, deadhead, total)
Other additional reports will be required during the term of this contract. These include a System,
Safety. Procedures Plan (SSPP) and quarterly updates of Driver Rosters. Each roster entry shall,
at a minimum, include: driver's name, address, date of birth, a criminal background check prior
to employment, date of hire, driver's license number, expiration date, training dates, latest D &A
test, and MVR review date.
10. Customer Service
The Contractor will be held to the highest standards for customer service. Collier County is
responsible for providing telephone equipment to receive reservations and provide telephone
information for paratransit service. A sufficient number of lines shall be provided to
accommodate peak hours, including a private line for administrative use. Telephones shall be
staffed by the Contractor from 6:00 a.m. until 6:00 p.m., weekdays. The Contractor shall provide
an adequate number of persons to staff the customer service functions.
a. Public Comment /Commendation and Complaint System
A main focus of the Customer Service Program is handling all customer /public inquiries,
complaints or commendations received by mail, f , e -mail, phone, or in person. All inquiries,
complaints, or commendations shall be recorded i 1 a permanent customer comment form and
entered into a customer service log (i.e. Microsoft xcel Spreadsheet). The comments are to be
routed to the appropriate Department for: research a nd follow -up actions. Detailed questions and
E -19
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1/24/2012 Item 16.E.5.
all complaints must receive follow -up responses to customers within two (2) working days of
receipt. An important requirement of the program is supervision of information responses to
assure quality control, accuracy, and customer service. In addition, the Contractor shall monitor
and schedule personnel necessary to effectively respond to incoming calls at a quality level
consistent with customer demand.
b. Advance Reservations and Scheduling Service
The Contractor shall accommodate ADA next day advance reservations and up to fourteen (14)
days advance reservations. The Contractor shall develop guidelines and criteria for approving,
denying, and re- scheduling trips consistent with Federal, State, and local regulations. These
scheduling guidelines and criteria shall be consistent with the TDSP and approved by the Local
Coordinating Board (LCB). Any requests that cannot be met will be logged as trip denials. The
Contractor shall document trip denials, including the time of day, reason for denial, and trip
purpose. Reservations staff will handle calls for trip reservations, inquiries, cancellations,
subscription requests, special service needs, and calls to customers when late or unable to locate
a rider.
The Contractor shall provide an adequate number of persons to staff the paratra.nsit scheduling
function. Collier County will provide an automated trip management system to record
reservations; assist in producing the schedules, dispatching trips, verifying trips, and invoicing.
CAP currently uses Route Match software.
The Contractor must be knowledgeable: in all aspects of service operations and scheduling/
dispatching procedures. The Contractor's personnel shall accurately account for rider trip
information and efficiently and effectively schedule trips.
Standards for Schedule:
100% of all standing orders will be pre - assigned to routes on a daily basis.
■ Overall, 95% of daily trips :v<U be scheduled to assigned vehicle routes.
• Trips will be scheduled so that customers will arrive at their destinations on time.
• Trips will be multi- loaded to achieve maximum efficiency.
• For each call, the call taker shall, at a minimum, record the following information:
■ Name of caller
• Funding component of service
• Caller's Paratransit Service 11 Number
• Pick -up location/drop off location
• Pick -up time /drop off time
I �
• Return pick -up location and r turn drop off location
• Return pick -up time and ret=P drop off time
E -20
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.I
1/24/2012 Item 16.E.5.
■ Telephone number where caller can be reached
■ Number in party
■ Mobility needs
c. Photo Identification Cards
The Contractor will be required to prepare and issue identification cards to the elderly and
disabled for federal fixed route discount fare benefits. Collier County is responsible for
providing equipment for this task. The Contractor will record information and prepare an
identification (I.D) card at the CAT facility for all eligible passengers requiring the discounted
fare. Information on the recipients will; be entered and maintained on a database, along with
copies of appropriate documentation verifying individual eligibility. This information will be
available for County review /access.
E -21
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1/24/2012 Item 16.E.5.
T.
s
Packet Page -2134-
l
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A4011*%
1/24/2012 Item 16.E.5.
Attachment A (Cont'd.)
Packet Page -2135-
E -23
1/24/2012 Item 16.E.5.
Attachment B: Paratransi>t Service Description
The following service parameters are based on the 2010 Collier County TDSP and information
obtained from the Florida Commission for the Transportation Disadvantaged (CTD). The
Collier County Board of County Commissioners (BCC) serves as the Community Transportation
Coordinator (CTC) for Collier County. The BCC operates the Collier County paratransit
services through its' Alternative Transportation Modes Division. The County operates its transit
services as a complete brokerage with all . fixed route bus services, paratransit services, and
transportation disadvantaged operations provided by a Contractor. The Contractor will schedule
trips, invoice the County on a monthly basis, and :obtain prior authorization for all paratransit
trips, including Americans with Disabilities Act (ADA), Transportation Disadvantaged (TD),
and Medicaid trips.
Service Area
The Contractor agrees to operate demand responsive paratransit service within Collier County.
Collier County occupies a land area of 2,026 square miles and is one of the largest counties in
Florida. Broward and Dade counties are located on Collier's eastern border, Lee and Hendry
counties are on the northern border, and Monroe County is on the southern border. The County
consists of three incorporated areas: Naples, Everglades City, and Marco Island. Collier County
is located in the Bonita Springs- Naples urbanized area, as designated by the Year 2000 Census.
In 1950, the number of residents in Collier County was 6,488; by 1980, that number had grown
to 85,000. In 2000, the population was 251,377. Population estimates for 2007 (2007 American
Community Survey, US Census Bureau) report 315,839 residents. From 1990 to 2007, the
population of Collier County increased from 152,099 to 315,839, an increase of 108 percent.
Table 3 shows the e Collier County TD population and includes a percentage of the TD
population compared to the total population in the County.
Table 3: Collier County
Potential TD Population 2004 -2009
Source: Florida Commission for the Transportation Disadvantaged ,Annual Performance Reports, 2004 -2009
i
Packet Page -2136 -
E -24
"�',�ly�ie
. t
—5,
2004
103,718
36.18
2005
111,054
36.27
2006
114,862
37.51
2007
118,813
37.39
2008
122,912
36.81
2009 1
127,163
38.20
Source: Florida Commission for the Transportation Disadvantaged ,Annual Performance Reports, 2004 -2009
i
Packet Page -2136 -
E -24
1/24/2012 Item 16.E.5.
Hours and Days ofService
The Contractor will operate the paratransit service program between the hours of 6:00 a.m. and
6:00 p.m. Each of the three paratransit programs has different hours of operation. TD and ADA
service is provided during the hours when fixed route service runs. Currently, CAT fixed route
bus services operate between 4:00 a.m. and 8:00 p.m. with specific operating hours.varying by
route. Please refer to the most recent CAT schedule for current fixed route bus service operating
hours. This schedule is subject to changes. Collier County reserves the right to amend the
paratransit hours of operation. Collier County is responsible for notifying the selected
Contractor of all changes in schedules and hours of operation.
Depending upon trip purpose and need, Medicaid trips may be provided 24 hours a day and
seven (7) days per week. After hours calls will need to be forwarded to contract carriers who
provide service 24 hours a day for Medicaid eligible clients.
Paratransit services will be provided throughout the year except on the following Holidays: New
Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day). The
Contractor agrees to shift service hours, if needed, to meet demand.
Fares
The Collier County fare structure is included in the Operations Element of the 2008 Collier
^ County TDSP. As noted in the TDSP, Collier County coordinates three (3) distinct
transportation programs for disadvantaged citizens including: (1) Americans with Disabilities
Act (ADA); (2) Transportation Disadvantaged (TD); and (3) Senior/ Non - Emergency medical
transportation services. The Contractor is responsible for collecting the full fare from each
passenger. Each paratransit program has a different fare structure and co -pay depending upon
which transportation program (ADA, TD and Medicaid) the trip is conducted under, as outlined
below.
ADA Program Co -Pay
Those individuals who reside within 3/4 mile of an established bus route, but cannot use
regular fixed route service because of a disability. The base fare. for this service is two
dollars ($2.00) for a one -way curb -to -curb trip.
Transportation Disadvantaged Co -Pay
Includes qualifying individuals located in areas where fixed route service is not available
and who have no other means of transportation. Transportation availability in the
household may eliminate eligibility. The fare for TD trips ranges between two dollars
($2.00) and six dollars ($6.00) per one way trip, based on income.
Medicaid Program Co -Pay
�-� Medicaid program trips are offered for those persons who cannot travel by fixed route
and have no other means of transportation. ransportation availability in the household
may eliminate eligibility. Medicaid sponsor d trips are subject to Medicaid verification
E -25
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1/24/2012 Item 16.E.5.
;
of eligibility. Medicaid clients are required to pay a one dollar ($1.00) co -pay before
each trip.
RATE AND FARE STRUCTURE
The Collier County rate structure is based on the :type of trip in the service area
and included in the 2009 Collier County TDSP as required by the CTD and
detailed below.
CTD CALCULATED RATES
MEDICAID
Ambulatory Random Trip
$ 28.44
Ambulatory Group Trip
$ 13.84
Wheelchair Random Trip
$ 48.76
Wheelchair Group Trip
$ 48.76
Stretcher Trip
$ 101.59 + mileage rate
Hourly Rate
$ 53.51
Out of Area Trip (Medicaid Only)
Base Rate + mileage rate
CTD CALCULATED RATES
PARATRANSIT -TD
Ambulatory Trip
$ 16.47
Ambulatory Group Trip
$ 8.08
Wheelchair Trip
$ 28.24
Stretcher Trip
$80.00 *
Escort
$ 5.00
Source: 2009 Transportation Disadvantaged Service Plan
*Stretcher trip rates were updated as of March 2010
E -26
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1/24/2012 Item 16.E.5.
Trip Purpose Restrictions and Prioritization
The prioritization for trip purpose is shown below.
Trip Purpose Prioritization — Collier County Local Coordinating Board (LCB)
Source: 2008 TDSI'
Subscription Service
No more than fifty (50) percent of the paratransit service will consist of subscription service,
with a limit of seven (7) trips per person per week.
Eligibility
The Contractor will administer the ADA Eligibility Certification process.
Packet Page -2139-
`i
E -27
F..i
awes IiD .,. di _lax
MEDICAL -- medical, dental, or therapeutic services including hospital appointments;
I
clinic visits; dialysis; health department; speech, occupational, physical therapies;
psychiatric, psychological services.
EMPLOYMENT — work or employment training education such as Job Service and
2
vocational technical schools.
a. Permanent disability employment trips
b. Elderly or Low Income employment trips
NUTRITIONAL -- adult congregate meal programs, breakfast programs, food stamp
3
procurement and food shopping trips.
GROUP RECREATION for disabled passengers -- Group trips booked through a single
reservation request for non - essential, non - employment related activities such as:
4
bowling, bingo, beach, parks, restaurants, libraries, or theaters. A group is defined as a
minimum of four 4 passengers having either the same trip origination or destination.
SOCIAL for agency - related activity -- Support services such as those through Department
of Children and Families, Department of Vocational Rehabilitation, mental health centers,
5
churches, senior citizen programs. This includes civic responsibilities (governmental
services, voting), but excludes nutritional programs.
GROUP RECREATION for elderly or low - income passengers -- Group trips booked
through a single reservation request for non - essential, non - employment related activities
6
such as: bowling, bingo, beach, parks, restaurants, libraries, theaters. A group is defined
as a minimum of four (4) passengers having either the same trip origination or
destination.
PERSONAL BUSINESS -- non - agency activities essential to maintenance of
independence including banking, shopping, legal appointments, etc.
7
a. Disabled, elderly or low income
b. Trips for persons with a self - created transportation hardship
Source: 2008 TDSI'
Subscription Service
No more than fifty (50) percent of the paratransit service will consist of subscription service,
with a limit of seven (7) trips per person per week.
Eligibility
The Contractor will administer the ADA Eligibility Certification process.
Packet Page -2139-
`i
E -27
1/24/2012 Item 16.E.5.
Attachment C: Sample Monthly Summary
Citil -ift Monthly Summary
For The Month ECCndin
J 3fi't{` i .::..Y. ....'LU _ =- rC {.J; 1 yl"— ��'�{•...
... ., ......
` M
._,..~.!' ..`L._ `t7.bit b.�i..Lr", Y.itin% Ysr4'u_wra
DESCRIPTION
Weekday
Saturday
Sunday
Holiday
TOTAL
AMBULATORY
WHEELCHAIRS
ATTENDANTS
COMPANIONS
TOTAL_
AVERAGE
NUMBER OF DAYS
c.�_.�... -s .... ti.. .- . <... -.. st.:. «:'i+$Tlr....;t�v
::....: ...
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.s
DESCRIPTION
Weekday
Saturday
Sunday
Holiday
RVH
Avers a RVH
PASS. /RVH
TOTAL MILES
ESTIMATED REVENUE MILES
ON TIME PERFORMANCE
ADA CAPACITY TRIP DENIALS
PASSENGER NO -SHOWS
CANCELLATIONS
WILL CALLS
PERCENTAGE OF DENIALS TO TOTAL RIDERSHIP
PERCENTAGE OF NO -SHOWS TO TOTAL RIDERSHIP
_
PERCENTAGE OF CANCELLATIONS TO TOTAL RIDERSHIP
PERCENTAGE OF WILL CALLS TO TOTAL RIDERSHIP
COMPLAINTS PROCESSED
COMMENDATIONS RECEIVED
ROAD CALLS
TELEPHONE HOLD TIME MINS.
ACCIDENT DAMAGE, PRIOR MONTH
�y eY. ; • Fr_. rSi i � ._._.... t ? t. �
.i& E+ .�S ^�?i,Z�c+G�'�`Ii^' i
DESCRIPTION Collisions
Passen er
NONPREVENTABLE
PREVENTABLE
� • >'�' ��rla : `S. �rs3-cr " ,u �._1 i.n�'e7sli•'!� . .... _.: u!1 :. , ?' ; . '�v ..., .,.r � : r`.a.+`.'�rck:.�u. .d °.�?: ?;.. +1.
EMPLOYEES
DRIVERS
OFFICE
MAINTENANCE
STAFF
TOTAL
FULL -TIME EQUIVALENT
HIRED
LEAVE OF ABSENCE
OFF PAYROLL
i E -28
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1/24/2012 Item 16.E.5.
Attachment D:
Sample Description of Monthly Paratransit Invoice Supyort
The County shall pay the Contractor based on the foilowing schedule:
Section 1. Expenses.
The estimated costs for the contract are based upon the total amount of trips multiplied by the
county approved per trip rate. However the actual reports depicting the amount and type of trips
for the compensation period should be included as support documentation with the invoice.
Section 2. Fares.
The Contractor shall collect fares from each passenger. Such fares shall be reported to the
County monthly. The invoice submitted by the Contractor at the end of each month, shall
include backup documentation of the actual fares collected and deposits made to the County's
account by the Contractor.
Section 3. Other Reimbursable.
The Contractor shall submit a monthly invoice to the County itemizing all reimbursable expenses
n that have been pre - approved by the County with a copy of the County authorization.
Section 4. Other Expenses.
The Contractor shall submit copies of expenses paid for personnel, and other operational costs as
itemized on the Cost Proposal sheet in Attachment F.
E -29
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1/24/2012 Item 16.E.5.
Attachment E: Sample Monthly' Paratransit Invoice Form
OPERATOR:
For the Period of.
Per -Trip Cost:
.Vendor
to
Passenger Total Cost Fares Adjust Net Due
Total Cost S
Other Reimbursable Costs:
(All reimbursable costs must be pre - approved by the County. Please attach pre - approval
documentation).
Please explain: S
S
By:
Date:
Total Reimbursable Cost
TOTAL PAYMENT DUE:
Fare Revenue Collected
i
Packet Page -2142 -
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E -30
1/24/2012 Item 16.E.5.
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1/24/2012 Item 16.E.5.
Attachment G: Medicaid Required Reports
Required Reports
Report
M
L DescrWn
Format
Frepuenc
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Any ti�7 , aberri ;r
No Shaw Medicaid
WA
Caltaine benflparYs name, phone number, date
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and time scheduled for l aneport and b
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repwbng month
deabrretion
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4
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Summary Rewr
I related to hledica sNET Services
efectrdre format
the er
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Safely Compliance Sed-
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Cepy.of the Setf-CerdHcatlon Report (VeN*
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ctertirioaWn Repot
inspac km, Driver Safety, Dwg and Alcohol, and
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is tar each catendw year
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format, DCF
shah be submittad to ihe'Comfz sr mn YAlhln iS
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avast" from
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'The Comftfon.hatpfovided a template for ft report.
E -34
Packet Page -2146-
1/24/2012 Item 16.E.5.
Exhibit 3
FEDERAL TRANSIT ADMINISTRATION
FEDERAL GRANT COMPLIANCE REQUIREMENTS FOR CFDA 20.507
TABLE OF CONTENTS
Check Box
If Applicable A.1 - Federally Required and Other Model Contract Clauses
® 1. Fly America Requirements
❑ 2. Buy America Requirements - Sian Certification
® 3. Charter Bus and School Bus Requirements
❑ 4. Cargo Preference Requirements
❑ 5. Seismic Safety Requirements
® 6. Energy Conservation Requirements
® 7. Clean Water Requirements
❑ 8. Bus Testing - Sign Certification
❑ 9. Pre -Award and Post Delivery Audit Requirements - Sign Certification
® 10. Lobbying - Sign Certification
® 11. Access to Records and Reports
® 12. Federal Changes
® 13. Bonding Requirements
® 14. Clean Air
® 15. Recycled Products
❑ 16. Davis -Bacon and Copeland Anti - Kickback Acts
® 17. Contract Work Hours and Safety Standards Act
18. [Reserved]
® 19. No Government Obligation to Third Parties
® 20. Program Fraud and False or Fraudulent Statements and Related Acts
® 21. Termiriation
® 22. Government -wide Debarment and Suspension Sian Certification
® 23. Privacy Act
Z 24. Civil Rights Requirements
® 25. Breaches and Dispute Resolution
❑ 26..Patent and Rights in Data
® 27. Transit Employee Protective Agreements
® 28. Disadvantaged Business Enterprises. (DBE) Anticipated DBE Form
29. [Reserved]
® 30. Incorporation of Federal Transit Administration (FTA) Terms .
® 31. Drug and Alcohol Testing
® 32. ADA Access
® 33. ITS Standards
® Certificates requiring signature must belcompleted and submitted at time of
bid submittal to be considered for award.
Packet Page -2147 -
E -35
1/24/2012 Item 16.E.5.
The services performed by the awarded Contractor shaft be in compliance with all
applicable FTA regulations/requirements, and_ additional requirements specified
in this document It shall be the awarded Contractor's responsibility to acquire
and utilize the necessary manuals and guidelines that apply to the work required
to complete this project
1. FLY AMERICA REQUIREMENTS
49 U.S.C. § 40118
41 CFR Part 301 -10
Applicability to Contracts
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.
Transportation on a foreign air carrier is permissible when provided by a foreign air
carrier under a code share agreement when the ticket identifies the U.S. air carrier's
designator code and flight number. Transportation by a foreign air carrier is also
permissible if there is a bilateral or multilateral air transportation agreement to which the
U.S. Government and a foreign government are parties and which the Federal DOT has
determined meets the requirements of the Fly America Act.
Flow Down Requirements
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.
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.
2. BUY AMERICA RgQUIREMENTS
49 U.S.C. 3230)
49 CFR Pirt 661
Applicability to Contracts: The Buy Am e ica requirements apply to the following
types of contracts: Construction Contracts, Acquisition of Goods or Rolling
Stock (valued at more than $900,000).
E -36
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1/24/2012 Item 16.E.5.
10� Flow Down: The Buy 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 $100,000 threshold applies only
to the grantee contract, subcontracts under that amount are subject to Buy
America.
Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R.
Part 661, which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA- funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 C.F.R. 661.7,. and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons. produced by Chrysler
Corporation, and microcomputer equipment and software. Separate requirements for
rolling stock are set out at 49 U.S.C.' 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock
must be assembled in the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification (below) with all bids or offers on FTA- funded contracts, except those
subject to a general waiver. Bids or offers that are not accompanied by a completed Buy
America certification must be rejected as nonresponsive. This requirement does not
apply to lower tier subcontractors.
❑ Certification requirement for procurement of steel, iron, or manufactured
products.
t The bidder or offeror hereby
Certificate of Compliance with 49 U.S.C. 5323(j) {1)
certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable
regulations in 49 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate of Non - Compliance with 49 U.S.C. 53230(9)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 G.F.R. 661.7.
Date
Signature
Company Name
Title
❑ Certification requirement for procure ent of buses, other rolling stock and
associated equipment.
E -37
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1/24/2012 Item 16.E.5.
Certificate of Compliance with 49 U.S.C. 5321 6)(2)(C). The bidder or offeror hereby
certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the
regulations at 49 C.F.R. Part 661.11.,
Date
Signature
Company Name
Title
Certificate of Non - Compliance with :49 U.S.C. 53236)(2)(C) The bidder or offeror
hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230 }(2)(C)
and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C.
53230)(2)(A), 53230)(2)(6), or 53230)(2)(D), and 49 CFR 661.7.
Date
Signature
Company Name
Title
3. CHARTER BUS REQUIREMENTS
49 U.S.C. 5323(d)
49 CFR Part 604
Applicability to Contracts: The Charter Bus requirements apply to the following type
of contract: Operational Service Contracts.
Flow Down Requirements: The Charter Bus requirements flow down from FTA
recipients and subrecipients to first tier service contractors.
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.
3. SCHOOL BUS REQUIREMENTS
49 U.S.C. 5323(F)
49 CFR Part 605
Applicability to Contracts: The School Bus requirements apply to the following type
of contract: Operational Service Contracts.
Flow Down Requirements: The School us requirements flow down from FTA
recipients and subrecipients to first tier servicetontractors.
E -38
Packet Page -2150-
1/24/2012 Item 16.E.5.
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.
4. CARGO PREFERENCE REQUIREMENTS
46 U.S.C. 1241
46 CFR Part 381
Applicability to Contracts: The Cargo Preference requirements apply to all contracts
involving equipment, materials, or commodities which may be transported by
ocean vessels.
Flow Down: The Cargo Preference requirements apply to all subcontracts when the
subcontract may be involved with the transport of equipment, material, or commodities
by ocean vessel.
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to
use privately owned United States -Flag commercial vessels to ship at least 50 percent
of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant
to the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States -Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within
30 working days following the date of leading for shipments originating outside the
United States, a legible copy of a rated, "on- board" commercial ocean bill -of - lading in
English for each shipment of cargo described in the preceding paragraph to the Division
of National Cargo, Office of Market Development, Maritime Administration, Washington,
DC 20590 and to the FTA recipient (through the contractor in the case of a
subcontractor's bill -of- lading.) c. to include these requirements in all subcontracts issued
pursuant to this contract when the subcontract mad involve the transport of equipment,
material or commodities by ocean vessel.
5. SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49
CFR Part 41
Applicability to Contracts: The Seismic Safety requirements apply only to contracts
for the construction of new buildings or additions to existing buildings.
Flow Down: The Seismic Safety requirements flow down from FTA recipients and
subrecipients to first tier contractors to assure compliance, with the applicable building
standards for Seismic Safety, including the w rk performed by all subcontractors.
E -39
Packet Page -2151-
1/24/2012 Item 16.E.5.
Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportafion Seismic Safety Regulations 49 CFR
Part 41 and will certify to compliance to the extent required by the regulation. The
contractor also agrees to ensure that all work performed under this contract including
work performed by a subcontractor is in compliance with the standards required by the
Seismic Safety Regulations and the certification of compliance issued on the project.
6. ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
Applicability.to Contracts: The Energy Conservation requirements are applicable
to all contracts.
Flow Down: The Energy Conservation requirements extend to all third party
contractors and their contracts at every tier and subrecipients and their subagreements
at every tier.
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.
7. CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Applicability to Contracts: The Clean Water requirements apply to each contract
and subcontract which exceeds $100, 000.
Flow Down: The Clean Water requirements flow down to FTA recipients and
subrecipients at every tier.
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Federal Water Pollution Control Act, as amended,
33 U.S.C. 1251 et sew. The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
E -40
Packet Page -2152-
1/24/2012 Item 16..E.5.
49 U.S.C. 5323(c)
49 CFR Part 665
applicability to Contracts: The Bus Testing requirements pertain only to the
acquisition of Rolling StocklTurnkey.
Flow Down: The Bus Testing requirements should not flow down, except to the turnkey
contractor as stated in Master Agreement.
Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A
5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the
following:
1) A manufacturer of a new bus model or a bus produced with a major change in
components or configuration shall provide a copy of the final test report to the recipient
at a point in the procurement process specified by the recipient which will. be prior to the
recipient's final acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide notice
to the operator of the testing facility that the report is available to the public..
3) If the manufacturer represents that the vehicle was previously tested, the vehicle
being sold should have the identical configuration and major components as the vehicle
in the test report, which must be provided to the recipient prior to recipient's final
acceptance of the first vehicle. If the configuration or components are not identical, the
manufacturer shall provide a description of the change and the manufacturer's basis for
concluding that it is not a major change requiring additional testing.
4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in
mass transit service in the United States before October 1, 1988, and is currently being
produced without a major change in configuration or components), the manufacturer
shall provide the name and address of the recipient of such a vehicle and the details of
that vehicle's configuration and major components.
❑ CERTIFICATION OF COMPLIANCE WITH.FTA'S BUS TESTING REQUIREMENTS
The undersigned [Contractor /Manufacturer] certifies that the vehicle offered in this
procurement complies with 49. U.S.C. A 5323(c) and FTA's implementing regulation at
49 CFR Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle
acquired with Federal financial assistance may subject the undersigned to civil penalties
as outlined in the Department of Transportation's regulation on Program Fraud Civil
Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may
suspend or debar a manufacturer under the procedures in 49 CFR Part 29.
Date:
Signature:
Company Name:
Title:
Packet Page -2153-
E -41
1/24/2012 Item 16.E.5.
9. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 U.S.C. 5323
49 CFR Part 663
Applicability to Contracts: These requirements apply only to the acquisition of
Rolling StocklTurnkey.
Flow Down: These requirements should not flow down, except to the turnkey
contractor as stated in Master Agreement.
Model Clause /Language: Clause and language therein. are merely suggested. 49
C.F.R. Part 663 does not contain ,specific language to be included in third party
contracts but does contain. requirements applicable to subrecipients and third party
contractors.
• Buy America certification is mandated under FTA regulation, "Pre -Award and
Post - Delivery Audits of Rolling Stock Purchases," 49 G.F.R. 663.13.
• "Buy America Requirements -- Surface Transportation Assistance Act of 1982, as
amended,"
• 49 C.F.R. 661.12, but has been modified to include FTA's Buy America
requirements coded at 49 U.S.C. A 53230).
Pre -Award and Post - Delivery Audit Requirements - The Contractor agrees to comply
with 49 U.S.C. § 5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and
to submit the following certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration
certifying either compliance or noncompliance with Buy America. If the Bidder /Offeror
certifies compliance with Buy America, it shall submit documentation which lists 1)
component and subcomponent parts of the rolling stock to be purchased identified by
manufacturer of the parts, their country of origin and costs; and 2) the location of the
final assembly point for the rolling stock, including a description of the activities that will
take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it
will be capable of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1)
manufacturer's FMVSS' self - certification sticker information that the vehicle complies
with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses
will not be subject to FMVSS regulations.
❑ BUY AMERICA CERTIFICATE OF .CO PLIANCE WITH FTA REQUIREMENTS
FOR BUSES, OTHER ROLLING STOCK, OR]ASSOCIATED EQUIPMENT
(To be submitted with a bid or offer exce ding the small purchase threshold for
Federal assistance programs, currently se at $100,000.)
E-42
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1/24/2012 Item 16.E.5.
Certificate of Compliance
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section
53230)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982,
as amended, and the regulations of 49 C.F.R. 661.11:
Date:
Signature:
Company Name:
Title:
Certificate of Non - Compliance
The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C.
Section 53230)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance
Act of 1982, as amended, but may qualify for an exception to the requirements
consistent with 49 U.S.C. Sections 53230)(2)(B) or 0)(2)(D), Sections 165(b)(2) or (b)(4)
of the Surface Transportation Assistance Act, as amended, and regulations in 49 C.F.R.
661.7.
Date:
Signature:
Company Name:
Title:
10. LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts: The Lobbying requirements apply to
ConstructionlArchitectural and Engineering/Acquisition of Rolling Stock/
Professional Service ContractlOperational Service ContractlTurnkey contracts.
Flow Down: The Lobbying requirements mandate the maximum flow down, pursuant
to Byrd Anti - Lobbying Amendment, 3.1 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19,
Appendix A, Section 7.
Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104 -65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or enployee of Congress, or an employee of a
member of Congress in connection with obt ining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Eadh tier shall also disclose the name of any
E -43
Packet Page -2155-
1/24/2012 Item 16.E.5.
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts
on its behalf with non - Federal funds with respect to that Federal contract, grant or
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up
to the recipient.
APPENDIX A, 49 CFR PART 20— CERTIFICATION REGARDING LOBBYING
❑ Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned ( Contractor) certifies, to
the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form —LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19196). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104 -65, to be codified at 2
U.S.C. 1601, et seq. )]
(3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.G. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the
required certification shall be subject: to a civih penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
I E -44
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1/24/2012 Item 16.E.5.
The Contractor, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A
3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized
Official Name and Title of Contractor's Authorized
Official
Date
11. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Applicability to Contracts: Reference Chart "Requirements for Access to Records
and Reports by Type of Contracts"
Flow Down: FTA does not require the inclusion of these requirements in
subcontracts.
/0-141 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 G.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)l, 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 excluded contracts of less than the simplified
acquisition threshold currently set at $100, ?00.
. i
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1/24/2012 Item 16.E.5.
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.
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)l) 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).
Requirements for Access to Records and Reports by Types of Contract
Contract
CharaCteri
sties
Operational .
Service
Contract
Turnkey : "
Construction
Arctritectur
al
Engineerin
Acqufsitiorr
of Rolling
`Stock
Profession
at Services.
State
Grantees
None
Those
None
None
None
None
imposed
a
on state
Contracts
None
pass thru
Yes, if non-
None
None
None
below SAT
unless'
to
competitive
unless
unless
unless
($100,000)
non-
Contractor
award or if
non-
non-
non-
competitive
funded
competi-
competi-
competi -
award
thru2
tive award
tive award
tive award
b •
5307/5309/
Contracts
5311;
above
$100,000/C
apital
MR
Packet Page -2158-
1/24/2012 Item 16.E.5.
Projects
II Non State
.
Grantees
Those .
Yes3
imposed
Yes
Yes
Yes
Yes
a
on non -
Contracts
Yes3
state
Yes
Yes
Yes
Yes
below SAT
Grantee
pass thru
($100,000)
to
b.
Contractor
Contracts
above
$100, 000 /C
apital
Projects
Sources of Authority: '49 USC 5325 (a) ` 49 CFR 633.17 " its CFR 18.66 (i)
12. FEDERAL CHANGES
49 CFR Part 18
Applicability to Contracts: The Federal Changes requirement applies to all
contracts.
Flow Down: 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.
13. BONDING REQUIREMENTS
A Bid will not be considered or accepted unless at the time of Bid filing the same shall
be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit'). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all . within ten (10)
calendar days after receipt of the Notice of Piward. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon derjiand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three () lowest Bidders shall be held until the
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Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the did Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to .the . Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder:
Flow Down: Bonding requirements flow down to the first tier contractors.
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient)
and listed as a company currently authorized under 31 CFR, Part 223 as possessing a
Certificate of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by
(Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may
not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids,
without the written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part
or all of his bid within [ninety (90)] days after the bid opening without the written consent
of (Recipient), shall refuse or be unable to enter. into this Contract, as provided above,
or refuse or be unable to furnish adequate and acceptable Performance Bonds and
Labor and Material Payments Bonds, as provided above, or refuse or be unable to
furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid
security to the extent of (Recipient's) damages occasioned by such withdrawal, or
refusal, or inability to enter into an agreement, or provide adequate security therefore.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond,
Certified Check, Cashier's Check, Treasurer's Check, and /or Official Bank Check
(excluding any income generated thereby which has been retained by (Recipient) as
provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate
to fully recompense (Recipient) for the damages occasioned by default, then the
undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the
difference between the bid security and (Recipient's) total damages, so as to make
(Recipient) whole.
I
The undersigned understands that any mate l alteration of any of the above or any of
the material contained on this form, other han that requested, will render the bid
unresponsive.
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1/24/2012 Item 16.E.5.
Performance and Payment Bonding Requirements (Construction)
A contractor or vendor shall provide a surety bond from a surety company to guarantee
full and faithful performance of a contract obligation and the payment of labor and
material expended pursuant to a contract whenever, and in such amounts, as required
by statute or otherwise as deemed necessary by the Purchasing Director. An
irrevocable letter of credit from a financial institution operating withiri the State of Florida.
(or other alternative forms of surety as permitted under Florida law) may be sufficient in
place of the performance bond if so provided for in the bid and contract documents. All
such bonds or letters of credit shall be approved as to form by the County Attorney.
Contractor shall provide Performance and Payment Bonds in the amount of 100% of the
Contract Amount, the costs of which are to be paid by Contractor. The Performance
and Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner; provided, however, the surety shall
meet the requirements of the Department of the Treasury Fiscal Service, "Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsurance Companies, circular. This circular may be accessed via the
web at www.fms.treas..cjov/c570/c57 i O.htmil#certified. Should the Contract Amount be
less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating
and classification of the surety.
If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
�-� five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Advance Payment Bonding Requirements
The Contractor may be required to' obtain an advance payment bond if the contract
contains an advance payment provision and a performance bond is not furnished. The
(recipient) shall determine the amount of the advance payment bond necessary to
protect the (Recipient)..
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to.obtain a patent indemnity bond if a performance
bond is not furnished and the financial responsibility of the Contractor is unknown or
doubtful. The (recipient) shall determine the amount of the patent indemnity to protect
the (Recipient).
Warranty of the Work and Maintenance Bo ds
1. The Contractor warrants to (Recipient) the Architect and/or Engineer that all
materials and equipment furnished under this ontract will be of highest quality and new
unless otherwise specified by (Recipient), free from faults and defects and in
conformance with the Contract Documents All work not so conforming to these
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standards shall be considered defective. If required by the [Project Manager], the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
2. The Work furnished must be of first quality and the workmanship must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable
construction in all respects. The Contractor hereby guarantees the Work against
defective materials or faulty workmanship for a minimum period of one (1) year after
Final Payment by (Recipient) and shall replace or repair any defective materials or
equipment or faulty workmanship during the period of the guarantee at no cost to
(Recipient). As additional security for these guarantees, the Contractor shall, prior to
the release of Final Payment [as provided in Item X below], furnish separate
Maintenance (or Guarantee) Bonds" in form acceptable to (Recipient) written by the
same corporate surety that provides the Performance Bond and Labor and Material
Payment Bond for this Contract. These bonds shall secure the Contractor's obligation
to replace or repair defective materials and faulty workmanship for a minimum period of
one (1) year after Final Payment and shall be written in an amount equal to ONE
HUNDRED PERCENT (100 %) of the'CONTRACT SUM, as adjusted (if at all).
14. CLEAN AIR
42 U.S.C. 7606 et seq
40 CFR 15.61
49 CFR Part 18
AMplicability to Contracts: The Clean Air requirements apply to aff contracts
exceeding $900,000, including indefinite quantities where the amount is expected to
exceed $100,000 in any year.
Flow Down: The Clean Air requirements flow down to all subcontracts which exceed
$100,000.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et
seg. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
15. RECYCLED
RQDUCTS
42 U.S.C.
962
40 CFR Pa
247
Executive Or
er 12873
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1/24/2012 Item 16.E.5.
n Applicability to Contracts: The Recycled Products requirements apply to 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 fiscal year, or has
procured $10,000 or more of such `items in the previous fiscal year, using Federal
funds. New requirements for "recovered materials" will become effective May 1, 1996.
These new regulations apply to all procurement actions involving items designated by
the EPA, where the procuring agency purchases $10,000 or more of one of these items
in a fiscal year, or when the cost of such items purchased during the previous fiscal year
was $10,000.
Flow Down: These requirements flow down to all to all contractor and subcontractor
tiers.
Recovered Materials - 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.
16. DAVIS -BACON AND COPELAND ANTI - KICKBACK ACTS
Background and Application
The Davis -Bacon and Copeland Acts are codified at 40 USC 3141; et seq. and 18 USC
874. The Acts apply to grantee construction contracts and subcontracts that "at
least partly are financed by a loan or grant from the Federal Government." 40
USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(1)(5). The Acts apply to any construction
contract over $2,000. 40 USC 3142(a), 40 USC 3145, 29 CFR 5.5(a). 'Construction,'
for purposes of the Acts, includes "actual construction, alteration and /or repair, including
painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are
incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and
reproduced below.
Clause Language
Davis -Bacon and Copeland Anti- Kickback Acts
(1) Minimum wages - (i) All laborers, and mechanics employed or working upon the site
of the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid unconditionally and
not less often than once a week, and withoult subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (9 CFR part 3)); the full amount of wages
and bona fide fringe benefits (or cash equ' alents thereof) due at time of payment
computed at rates not less than those co ained in the wage determination of the
Secretary of Labor which is attached hereto nd made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such
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1/24/2012 Item 16.E.5.
laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis -Bacon Act oil behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not. less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period.. Such laborers and mechanics shall be
paid the appropriate wage rate and ;fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the 'rate specified for each classification for the
time actually worked therein: Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which work is performed.. The wage
determination (including any additional classifications and wage rates conformed under
paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted
at all times by the contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the .wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall :approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is :not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails
in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and . the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment Standards Administration,
U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise tie contracting officer or will notify the
contracting officer within the 30-day period tha additional time is necessary.
n
(C) In the event the contractor, the laborer,5 or mechanics to be employed in the
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1/24/2012 Item 16.E.5.
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer. within the 30-day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage *rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make. payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which
is not listed in the wage determination and which is to be employed under the contract
shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore
only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment Standards Administration,
Washington, DC 20210. The Administratot, or an authorized representative, will
approve, modify, or disapprove every additio al classification action within 30 days of
receipt and so advise the contracting officer ttr will notify the contracting officer within
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1/24/2012 Item 16.E.5.
the 30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized representative,
will issue a determination with 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30 -day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work 'is
performed in the classification.
(2) Withholding — Collier County shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld
from the contractor under this contract or any other. Federal contract with the same
prime contractor, or any other federally- assisted contract subject to Davis -Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work (or under the United States Housing
Act of 1.937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, the Collier County may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of
three years thereafter for all laborers and mechanics working at the site of the work (or
under the United States Housing Act of 1937, . or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(3) of the Davis -Bacon Act, the contractor
shall maintain records which show :that the commitment to provide such benefits is
enforceable, that the plan or program is fin ncially responsible, and that the plan or
program has been communicated in writing tO the laborers or mechanics affected, and
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records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification
of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates . prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to Collier County for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR
part 5. This information may be submitted in any form desired. Optional Form WH -347
is available for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029 - 005 - 00014 -1), U.S. Government Printing
Office, Washington, DC 20402. The.prime contractor is responsible for the submission
of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or, mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit.Admin�tration or the Department of Labor, and
shall permit such representatives to intervie employees during working hours on the
job. If the contractor or subcontractor fails t submit the required records or to make
them available, the Federal agency may, afte written notice to the contractor, sponsor,
applicant, or owner, take such action, as may be necessary to cause the suspension of
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any further payment, advance, or guarantee ofifunds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work
at less than the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in .such an apprenticeship program, who is
not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
on the wage determination for the applicable classification. If the Administrator of the
Wage and Hour Division of the U.S: Department of Labor determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed
until an acceptable I program is approved.
(ii) Trainees Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S.. Department of Labor, Employment and
Training Administration. The ratio of trainees o journeymen on the job site shall not be
greater than permitted under the plan app ved by the Employment and Training
Administration. Every trainee must be paid 8 t not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall
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be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount
of fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. . Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed.. In
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses contained in 29 CFR 5.5(a )(1) through (10) and such other clauses as the
Federal Transit Administration may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in. any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and.a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and
interpretations of the Davis -Bacon and Related"Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes, clause of this
contract. Such disputes shall be resolved in. accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its subcontractors) and
the contracting agency, the U.S. Departmept of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (i) By enterint into this contract, the contractor. certifies
^ that neither it (nor he or she) nor any person or firm who has an interest in the
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contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section. 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part. of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is coded at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts "financed at least in part by loans
or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29
CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non- construction contract to which the Act'applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any "contract in an amount that is not greater than $100,000,"
40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances,
non - construction projects that employ "laborers or mechanics on a public work."
These non - construction applications do not generally apply to transit procurements
because transit procurements (to include rail cars and buses) are deemed "commercial
items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a
contract to procure a developmental or unique item should consult counsel to determine
if the Act applies to that procurement and that additional language required by 29 CFR
5.5(c) must be added to the basic clause below. The clause language is drawn directly
from 29 CFR 5.5(b) and * any deviation from the model clause below should be
coordinated with counsel to ensure the Act's requirements are satisfied.
Clause Language
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract ' work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one -half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph 1) of this section the contractor and any
subcontractor responsible therefore shall be fiable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
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damages. Such liquidated damages: shall be computed with respect to each individual
110� laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
n
(3) Withholding for unpaid wages and liquidated damages - Collier County shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contractor, or any other federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor,: such sums as may be determined to be necessary
to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
18. r RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts: Applicable to aY contracts.
Flow Down:. Not required by statute or regulation for either primary contractors or
subcontractors, this concept should flow down to all levels to clarify, to all parties to the
contract, that the Federal Government does not have contractual liability to third parties,
absent speck written consent.
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 abme clause in each subcontract financed in
whole or in part with Federal assistance provi Jed by FTA. It is further agreed that the
clause shall not be modified, except to identit, the subcontractor who will be subject to
its provisions.
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AND: F.
31 U.S.C. 3801 et seq.
49 CFR Part 3118 U.S.C. 1001
49 U.S.C. 5307
Applicability to Contracts: These requirements are applicable to all contracts.
Flow Down: These requirements flow down to contractors and- subcontractors who.
make, present, or submit covered claims and statements.
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 seg. 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 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.
21. TERMINATION
49 U.S.C. Part 18
FTA Circular i4220.1F
Applicability to Contracts: All contracts rwith the exception of contracts with
nonprofit organizations and institutions of tigher education,) in excess of $10,000
shall contain suitable provisions for terminatio by the grantee including the manner by
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which it will be effected and the basis. for settlement. (For contracts with nonprofit
10-*N organizations and institutions of higher education the threshold is $100,000.) In
addition, such contracts shall describe conditions under which the contract may be
terminated for default as well as conditions where the contract may be terminated
because of circumstances beyond the control of the contractor.
Flow Down: 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.
a. Termination for Convenience (General Provision) The (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is
in the Government's best interest. The Contractor shall be paid its costs, including
contract close -out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the 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 on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the 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 the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from (Recipient) setting forth the nature of said breach or
default, (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 (Recipient) from also pursuing all vailable remedies against Contractor and
its sureties for said breach or default.
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d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this ^
Contract, such waiver by (Recipient) shall not limit (Recipient)'s 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 Government's interest. If this 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 the 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 the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will 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 the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the 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 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 the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to
prosecute the work or any separable part,e with the diligence that will insure its
completion within the time specified in this contract or any extension or fails to complete
the work within this time, or if the Contractor fails to comply with any other provisions of
this contract, the (Recipient) may terminate lis contract for default. The (Recipient) shall terminate by delivering to the Contract a Notice of Termination specifying the
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nature of the 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. The
Contractor and its sureties shall be liable for any damage to the Recipient resulting from
the Contractor's refusal or failure to complete the work within specified time, whether or
not the Contractor's right to proceed with the work is terminated. This liability includes
any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. The delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such causes
include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes,
freight embargoes; and
2. The contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the
delay is excusable, the time for completing the work shall be extended. The judgment
of the (Recipient) shall be final and conclusive on the parties, but subject to appeal
under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and obligations
of the parties will be the same as if the termination had been issued for the convenience
of the Recipient.
L Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract obligations.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature, extent, and effective date of the termination. Upon receipt of the
notice, the Contractor shall (1) immediately discontinue all services affected (unless the
notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings,
specifications, reports, estimates, summaries, and other information and materials
accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact pr otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contr ct obligations, it is determined that the
Contractor was not in default, the rights and o Iigations of the parties shall be the same
as if the termination had been issued.for the convenience of the Recipient.
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j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements, of the contract. The: Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to the
Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the
fee, if the contract provides for a fee, .to be paid the contractor in proportion to the value,
if any, of work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the (Recipient) and the parties shall negotiate the
termination settlement to be paid the .Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close -out costs, and a fee, if the contract provided. for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
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
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 cond' ion to the contract or subcontract. This
represents a change from prior practice in th t certification is still acceptable but is no
longer required. 49 CFR 29.300.
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.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).
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.0 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
If it is later determined that the
bidder or proposer knowingly rendered an erroneous certification, in addition to
remedies available to , 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.
23. PRIVACY ACT
5 U.S.C. $52
Applicability to Contracts: When a grantee maintains files on drug and. alcohol.
enforcement activities for FTA, and those files are organized so that information could
be retrieved by personal identifier, the. Privacy Act requirements apply to all contracts.
Flow Down: The Federal Privacy Act requirements flow down to each third party
contractor and their contracts at every tier.
Contracts Involving Federal Privacy Act Requirements - The following requirements
apply to the Contractor and its employees that administer any system of records on
behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and fissures the compliance of its employees
with the information restrictions and other appljcable requirements of the Privacy Act of
1974, f
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5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express
consent of the Federal Government before the Contractor or its employees operate a
system of records on behalf of the Federal Government. The Contractor understands
that the requirements of the Privacy. Act, including the civil and criminal penalties for
violation of that Act, apply to those individuals involved, and that failure to comply with
the terms of the Privacy Act may result. in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in
whole or in part with Federal assistance provided by FTA.
24. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicability to Contracts: The Civil Rights Requirements apply to all contracts.
Flow Down: The Civil Rights requirements flow down to all third party contractors and
their contracts at every tier.
Civil Rights -The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,
42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implemdnt Executive Order No. 11246, "Equal
Employment Opportunity," as amended by executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect c,,onstruction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure that
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applicants are employed, and that employeesl are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion . or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any' implementing requirements FTA may issue.
(b) Age - In accordance with section4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may.issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission,. "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of-persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.
26. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1 F
Applicability to Contracts: All contracts in excess of $900,000 shall contain
provisions or conditions which will allow for administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide
for such sanctions and penalties as may be appropriate. This may include provisions
for bonding, penalties for late or inadequate performance, retained eamings, liquidated
damages or other appropriate measures.
Flow Down: The Breaches and Dispute Resolutions requirements flow down to all
tiers.
Disputes - Disputes arising in the performance of this Contract which are not resolved
by agreement of the parties shall be decided in writing by the authorized representative
of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless
within [ten (10)] days from the date of receipt of its copy, the Contractor mails or
otherwise furnishes a written appeal to the [tite of employee]. In connection with any
such appeal, the Contractor shall be affordedf an opportunity to be heard and to offer
evidence in support of its position.: The de ision of the [title of employee] shall be
binding upon the Contractor and the Contractoi shall abide be the decision.
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Performance During Dispute - Unless otherwise directed by (Recipient), Contractor
shall continue performance under this Contract while matters in dispute are being
resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his
employees, agents or others for whose acts he is legally liable, a claim for damages
therefor shall be made in writing to such other party within a reasonable time after the
first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the (Recipient) and the Contractor arising out of
or relating to this agreement or its breach will be decided by arbitration if the parties
mutually agree, or in a court of competent jurisdiction within the State in which the
(Recipient) is located.
Rights and Remedies The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in addition to and
not a limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by-the (Recipient), (Architect) or Contractor
shall constitute a waiver of any right: duty afforded any of them under the Contract,
nor shall any such action or failure to act constitute an approval of or acquiescence in
any breach thereunder, except as may be specifically agreed in writing.
26. PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Applicability to Contracts: Patent and rights in data requirements for federally
assisted projects ONLY apply to research projects in which FTA finances the purpose
of.the grant is to finance the development of a product or information. These patent and
data rights requirements do not apply to capital projects or operating projects, even
though a small portion of the sales price may cover the cost of product development or
writing the user's manual.
Flow Down: The Patent and Rights in Data requirements apply to all contractors and
their contracts at every tier.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK
A. Rights in Data - This following requirement applies to- each contract involving
experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or
not copyrighted, that is delivered or specked to be delivered under the contract. The
term includes graphic or pictorial delineation in: media such as drawings or photographs;
text in specifications or related performance ot design -type documents; machine forms
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such as punched cards, magnetic tape, or conputer memory printouts; and information
retained in computer memory. Examples include, but are not limited to: computer
software, engineering drawings and associated lists, specifications, standards, process
sheets, manuals, technical reports, catalog item identifications, and related information.
The term "subject data" does not include financial reports, cost analyses, and similar
information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance
of the contract to which this Attachment has been added:
(a) Except for its own internal use, 'the Purchaser or Contractor may not publish or.
reproduce subject data in whole or in part, or in any manner or form, nor may the
Purchaser or Contractor authorize others to do so, without the written consent of the
Federal Government, until such time as the Federal Government may have either
released or approved the release of such data to the public; this restriction on
publication, however, does not apply to any contract with an academic institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal
Government reserves a royalty -free, non - exclusive and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for "Federal
Government purposes," any subject data or copyright described in subsections (2)(b)1
and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal
Government purposes," means use only for the direct purposes of the Federal
Government. Without the copyright owner's consent, the Federal Government may .not
n extend its Federal license to any other party.
1. Any subject data developed under that contract, whether or not a copyright has been
obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal
assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research
work, it is FTA's general intention to increase transportation knowledge available to the
public, rather than to restrict the benefits resulting from the work to participants in that
work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor
performing experimental, developmental, or research work required by the underlying
contract to which this Attachment is added agrees to permit FTA to make available to
the public, either FTA's license in the copyright to any subject data developed in the
course of that contract, or a copy of the subject data first produced under the contract
for which a copyright has not been obtained. If the experimental, developmental, or
research work, which is the subject of the underlying contract, is not completed for any
reason whatsoever, all data developed under that contract shall become subject data as
defined in subsection (a) of this clause and shall be delivered as the Federal
Government may direct. This subsection (c) , however, does not apply to adaptations of
automatic data processing equipment or programs for the Purchaser or Contractor's use
whose costs are financed in whole or in part with Federal assistance provided by FTA
for transportation capital projects.
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(d) Unless prohibited by state law, upon reouest by the Federal Government, the
Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal ,--�
Government, its officers, agents, and employees acting within the scope of their official
duties against any liability, including costs and expenses, resulting from any willful or
intentional violation by the Purchaser or Contractor -of proprietary rights, copyrights, or
right of privacy, arising out of the publication, translation, reproduction, delivery, use, or
disposition of any data fumished under that contract. Neither the Purchaser nor the
Contractor shall be required to indemnify the Federal Government for any such liability
arising out of the wrongful act of any employee, official, or agents of the Federal
Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or
other right otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser. or Contractor and financed entirely without using
Federal assistance provided by the ,Federal Government that has been incorporated
into work required by the underlying contract to which this Attachment has been added
is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided
that the Purchaser or Contractor identifies that data in writing at the time of delivery of
the .contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research work
financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (i.e., a large business, small business, state
government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual, etc.), the Purchaser and the Contractor agree to take the
necessary actions to provide, through FTA, , those rights in that invention due the
Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving
experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually
reduced to practice in the course of or under the contract to which this Attachment has
been added, and that invention, improvement, for discovery is patentable under the laws
of the United States of America or any foreigb country, the Purchaser and Contractor
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agree to take actions necessary to provide immediate notice and a detailed report to the
party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Contractor's status (a large business, small business, state
government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual), the Purchaser and the Contractor agree to take the
necessary actions to provide, through FTA, � those rights in that invention due the
Federal Government as described in U.S. Department of Commerce regulations,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each
subcontract for experimental, developmental, or research work financed in whole or in
part with Federal assistance provided. by FTA.
27. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
49 U.S.C. § 5310, § 5311, and § 5333
29 CFR Part 215
Applicability to Contracts: The Transit Employee Protective Provisions apply to
each contract for transit operations performed by employees of a Contractor
recognized by FTA to be a transit operator. (Because transit operations involve
many activities apart from directly driving or operating transit vehicles, FTA determines
which activities constitute transit "operations" for purposes of this clause.)
Flow Down: These provisions are applicable to all contracts and subcontracts at every
tier.
Transit Employee Protective Provisions. (1) The Contractor agrees to the comply
with applicable transit employee protective requirements. as follows:
(a) General Transit Employee Profective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out the
transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect
the interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in
the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's
project from which Federal assistance is provided to support work on the underlying
contract. The Contractor agrees to carry out that work in compliance with the conditions
stated in that U.S. DOL letter. The requirements-of this subsection (1), however, do not
apply to any contract financed with Federal i, assistance provided by FTA either for
projects for elderly individuals and individuals ith disabilities authorized by 49 U.S.C. §
5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311.
^ Alternate provisions for those projects are s forth in subsections (b) and (c) of this
clause.
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(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - if the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has
determined or determines in the future that the employee protective requirements of 49
U.S.C. § 5333(b) are necessary or appropriate for the state and the public body
subrecipient for which work is performed on the underlying contract, the Contractor
agrees to carry out the Project in compliance with the terms and conditions determined
by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S.
DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and
conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which
is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor
agrees to perform transit operations in connection with the underlying contract in
compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor
agrees to comply with the terms and conditions of the Special Warranty for the
Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and
Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any
revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
28. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business
Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance
to grantees on the use of overall and contract goals, requirement to include DBE
provisions in subcontracts, evaluating DBE participation where specific contract goals
have been set, reporting requirements, and replacement of DBE subcontractors.
Additionally, the DBE program dictates payment terms and conditions (including
limitations on retainage) applicable to all subcontractors regardless of whether they are
DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal
clause such as that below must be included in all contracts above the micro - purchase
level. The requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provi4, ions in this newest version of Part 26
concerns retainage (see section 26.29). Gra _ itee choices concerning retainage should
be reflected in the language choices in clause 3ubsection d.
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n
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, 49 Code of Federal
Regulations, Part 26, Participation by Disadvantaged Enterprises in Department
of Transportation Financial Assistance Programs. Collier Area Transit's goal for
DBE participation is 12.06 %.
b. A separate contract goal has not been established for this procurement.
c. The contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of
this DOT - assisted contract.: Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as Collier County deems
appropriate. Each subcontract the contractor signs with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b)).
d. The successful bidder /offeror will be .required to report its DBE participation
obtained through race - neutral means throughout the period of performance. In
order to comply with the provisions of 49 CFR 26, the bidder /offeror agrees to the
following:
• Bid Opportunity List - shall submit with all Requests for Proposals and
Invitations For Bid.
• Anticipated DBE Participation Statement — shall submit with all Requests for
Proposals and Invitations For Bid.
• DBE Directory — the bidder /offeror may use the online DBE directory, BizNet,
www. bipincwebapps .com/biznetflorida/ to locate ready, willing, and able DBE's to
perform sub - contractor work or sub - consultant work on USDOT assisted
contracts.
• Subcontractor Payment Report — shall submit monthly to comply with
monitoring requirements of 49.CFR 26.
e. The contractor is required to 'pay its subcontractors performing work related to
this contract for satisfactory performance of that work no later than 30 days after
the contractor's receipt of payment for that work from Collier County. In addition,
the contractor is required to return any retainage payments to those
subcontractors within thirty (30) days after the subcontractor's work related to this
contract is satisfactorily completed.
f. The contractor must promptly notify Collier County, 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 Collier County.
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29. r RESERVED 1
30: INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1 F
Applicability to Contracts: The incorporation of FTA terms applies to all contracts.
Flow Down: The incorporation of FTA terms has unlimited flow down.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding
provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1F, 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 (name of grantee) requests which would
cause (name of grantee) to be in violation of the FTA terms and conditions.
31. DRUG AND ALCOHOL TESTING
49 U.S.C. §5331
49 CFR Part 655
Applicability to Contracts: The :Drug and Alcohol testing provisions apply to
Operational Service Contracts.
Flow Down Requirements: Anyone who performs a safety - sensitive function for the
recipient or subrecipient is required to comply with 49 CFR 653 and 654, 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.
Introduction
FTA's drug and alcohol rules, 49 CFR 655, respectively, are unique among the
regulations issued by FTA. First, they require recipients to ensure that any entity
performing a safety - sensitive function on the recipient's behalf (usually subrecipients
and/or contractors) implement a complex drug and alcohol testing program that
complies with Part 655. Second, the rules condition the receipt of certain kinds of FTA
funding on the recipient's compliance with the rules; thus, the recipient is not in
compliance with the rules unless every entity that performs a safety- sensitive function
on the recipient's behalf is in compliance with the rules. Third, the rules do not specify
how a recipient ensures that its subrecipients and /or contractors comply with them.
Explanation of Model Contract Clauses:
Collier County relies on the contractor to impl ment a drug and alcohol testing program
that complies with 49 CFR 655, but retains the ability to monitor the contractor's testing
program; thus, the recipient has less contro over its compliance with the drug and
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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: compiles 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.
Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program
that complies with 49 CFR Part 655, produce any documentation necessary to establish
its compliance with Part 655, 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 655 and review the testing process. The
contractor agrees further to certify annually its compliance with Part 655 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.
32. ADA Access
49 U.S.C. §5301
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C.
§ 5301(d), which states the Federal'policy that elderly individuals and individuals with
disabilities have the same right as other individuals to use public transportation services
and facilities, and that special efforts shall be made in planning and designing those
services and facilities to implement transportation accessibility rights for elderly
individuals and individuals with disabilities. The Recipient also agrees to comply with all
applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with
29 U.S.C. § 794, which prohibits discrimination on the basis . of disability; with the
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 of
seq., which requires that accessible facilities -and services be made available to
individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended,
42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be
accessible to individuals with disabilities, and any subsequent amendments to these
laws or other laws pertaining to access for individuals with disabilities to the extent
applicable.
33. ITS Standards
5206(e)
Section 5206(e) of the Transportation: Equity ANct for the 21st Century, Public Law 105 -
178, 112 Stat. 547, pertaining to conformance ith the National Intelligent
Transportation Systems Architecture and Standards.
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All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall
use applicable ITS standards and interoperability tests that have been officially adopted
through rulemaking by the United States Department of Transportation (US DOT). .-.
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Annually Renewable Performance Bond
BOND # K08329540
KNOW ALL MEN BY THESE PRESENTS: That Tectrans, Inc. (hereinafter called the Principal), and
Westchester Fire Insurance Company (hereinafter called the Surety), are held and firmly bound unto The
Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County
(hereinafter called the Obligee), in the full and just sum of Six Million One Hundred Thousand and no /100
Dollars ($6,100,000.00), the payment of which sum, well and truly to be made, the said Principal and
Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated the 1 st day of October, 2010 entered into a
Contract with the Obligee for Contract # 10 -5455 Management Contract for the Collier Area Transit (CAT)
Fixed Route and Paratransit Program for a period of three (3) years which contract is hereby referred to and
made a part hereof.
WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a
period of one year.
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the
Principal shall well and truly perform each and every obligation in said Contract at the time and in the
manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said
Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall
be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, That this bond is subject to the following conditions:
1. This bond is for the term beginning October 1, 2010 and ending October t, 2011. The bond maybe
extended for additional terms at the option of the surety, by continuation certificate executed by the
Surety. Neither non- renewal by the surety, nor failure, nor inability of the Principal to file a
replacement bond shall constitute a loss to the Obligee recoverable under this bond.
2. In the event of default, the Surety will have the right and opportunity, at its sole discretion, to: a) cure
the default; b) assume.the remainder of the Contract and to perform or sublet same; c) or to tender to
the Obligee funds suffidient to pay the. of completion less the balance of the Contract price up to
an amount not to exceed the penal sum of the bond.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against
the Surety on this instrument unless same be brought or instituted upon the Surety within one year
from termination or expiration of the bond term
4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrator or successors of Obligee.
5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number
or amount of claims brought against this bond andregardless of the number of years this bond remains
in force.
6. If any conflict or inconsistency exists between the (Surety's obligations or undertakings as described in
this bond and as described in the underlying docu ent, then the terms of this bond shall prevail.
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1/24/2012 Item 16.E.5.
7. This bond shall not bind the Surety unless the bond is accepted by the Obligee. The acknowledgement
and acceptance of this bond is demonstrated by signing where indicated below. If this obligation is not
accepted by way of signature of the Obligee below, this bond shall be deemed null and void.
Signed and sealed this l st day of October, 2010.
SURETY:
n Westchester Fire Insurance Company
(seal), seal)
(name & title) Susan A. Welsh, Attorne n -Fact
Countersigned .
y:
t
THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND
ACCEPTED BY THE (OBLIGEE).
ACKNOWLEDGED N ACCEPTED BY OBLIG E: The Board of County Commissioners W. 7LAI of Collier County, Florida
BY:
PRINTED NAME/TITLE: Fred W. Qo75, Chairman
DATE: 09/24/2010
PLEASE RETURN A COPY OF ACCEPTED BOND TO:
��,• 7; it ar.l fl •,�`' • .
:-Art
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NOTARIAL ACKNOWLEDGMENT
STATE OF ILLINOIS
COUNTY OF COOK
1/24/2012 Item 16.E.5.
On this 22Ad day of September, 2010, before me Debra J. Doyle a Notary Public of
the State and County aforesaid, residing therein, duly commissioned and sworn,
personally came Susan A.Welsh, to me known, who being by me duly sworn
according to law, did depose and say that she resides in Illinois: that she is an
Attorney -in -Fact of The Westchester Fire Insurance Company, the corporation
described in and which executed the foregoing instrument: that she knows the seal
of said corporation: that it was so affixed by order of The Board of Directors of said
corporation and that she signed this name thereto by like order: that she executed
and delivered such instrument on behalf of said corporation as its voluntary act and
deed for the uses and purposes therein mentioned.
My Commission Expires:
02/21/14
OFFICIAL SEAL
DEBRA J. DOYLE
NOTARY PUBUC - STATE OF ILLINOIS
MY COMMISSION EXPIRES
FEBRUARY 21, 2014
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1/24/2012 Item 16.E.5.
Agenda Item No. 16K8
September 14, 2010
Page 1 of 62
EXECUTIVE S>( MMARY
That the Board accept the Recommended Order by Brenda C. Garretson, Special Magistrate/
Hearing Officer, and award a Management Servicet Contract for the Collier Area Transit (CAT)
Fixed Route and Paratransit Programs to Limousines of South Florida, Inc., doing business as
Tectrans, Inc., for an estimated annual amount of $6,092,167.00.
OBJECTIVE: To award a Management Services: Contract for the Collier Area Transit (CAT)
Fixed Route and Paratransit Programs to Limousines of South Florida, Inc. doing business as
Tectrans, Inc
CONSIDERATION: This matter concerns a new Management Services Contract for the
Collier Area Transit (CAT) Fixed Route and Paratransit Programs. The present contract, which
is administered by McDonald Transit Associates, Inc., expires at the end of this month.
The following recitation is largely derived from the Recommended Order by Brenda C.
Garretson, Special Magistrate/Hearing Officer.
Requests for proposals # 10 -5455 `Consolidated Management Contract for the Collier County
Fixed Route and Paratransit Systems" were solicited on March 15, 2010. Notifications were sent
to 286 firms and 49 packages were downloaded. Five proposals were received by the closing
date of April 14, 2010, and one firm withdrew before the presentations were held. Four proposals
were evaluated and ranked by a selection committee as follows:
1. Tectrans, Inc.
2. McDonald Transit Associates, Inc.
3. MV Contract Transportation, Inc:
4. Nationwide Transportation Systems, Inc.
Subsequent to the public announcement of the staff award recommendation to Tectrans, a protest
was filed on May 27, 2010 by McDonald, the second ranked proposer and holder of the current
contract for provision of these services. The grounds upon which the protester based its protest
were as follows:
a. Disputes and contests that Tectrans properly qualifies as the highest ranked
recommended entity as set forth in RFP 10 -5455 "Management Services Contract
for the Collier Area Transit (CAT) Fixed Route and Paratransit Program, and the
Collier County Purchasing Policy.
b. Disputes and contests that Tectrans has demonstrated prior public transit
experience sufficient to warrant the overall first place ranking made by the
County's appointed selection committee ( "Committee ").
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1/24/2012 Item 16.E.5.
Agenda Item No. 16KB
September 14, 2010
Page 2 of 62
C. Disputes and contests that Tectrans has adequately demonstrated the RFP
requested evidence of Disadvantaged Business Enterprises (DBE) to warrant the
first place ranking made by the Committee.
d. Disputes and contests that the Committee and Collier County have complied with
the Federal Transit Administration's guidelines and requirements for
procurement, specifically including, but not limited to, adhering to the County's
stated evaluation method specified in the subject RFP.
e. Disputes and contests that the responsive party for the RFP was Tectrans, when in
fact, the contract, if awarded, would be signed and/or operated by the entity
"Limousines of South Florida, Inc."
f. Disputes and contests that Tectrans :complied with the RFP and other procedural
requisites as to material disclosures in that Tectrans failed to disclose a personal
bankruptcy of one of its principal team members, and thus, improperly certified
the same as part of its proposal.
g. Disputes and contests that Tectrans complied with the spirit and intent of
prohibitions against lobbying and related guidelines for the RFP as one of their
team members approached a key MTA officer about prospective employment
opportunities with its competing organization.
On June 10, 2010, after a review of the Protest and as required by Collier County
Purchasing Policy, the Purchasing Director issued :his Protest Decision rejecting the Protest. A
Notice of Objection to Protest Decision and Request for Hearing was filed by McDonald on June
14, 2010, and the matter was brought before the Board of County Commissioners on June 22,
2010.
As part of its presentation at the June 22 "d meeting, McDonald submitted to the Board a
"Supplement to Original Protest" that it contended: supported the allegations made in its Formal
Written Protest. The Purchasing Director advised the Board of a mistaken tabulation of
scoresheets and recommended that the Committee reconvene. The Committee reconvened on
June 281`' at which time it reaffirmed its prior recommended award to Tectrans.
Following the Committee's affirmation of its initial recommendation, McDonald filed a
further "Formal Protest." At its subsequent meeting on July 27, 2010, the Board voted not to
conduct a "de novo" hearing but directed the County Attorney to obtain the services of a hearing
officer to hear McDonald's Protest and make recommendations to the Board.
Faced with a quick deadline and the inability to confer with counsel for McDonalds, who
had taken a two week vacation and was unavailable, the County Attorney elected to retain the
services of Brenda C. Garretson, who the County hiss utilized as a Special Magistrate for its code
enforcement and red light camera matters. Special Magistrate Garretson was hired as the Hearing
Officer and on August 18, 2010, noticed the parties for a hearing to be held on August 26, 2010.
Based on its position as successful bidder under RFP 10 -5455, Tectrans filed a Motion to
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4
1/24/2012 Item 16.E.5.
Agenda Item No. 16K8
September 14, 2010
Page 3 of 62
Intervene and alleged "its substantial interest nay be affected by the outcome of the
proceedings." By order issued August 19, 2010, the motion was granted by the Hearing Officer.
On August 20, 2010, McDonald filed an Objection to Hearing Officer, a Motion to
Continue and Motion for Pre- Hearing Conference and a Motion to Conduct Limited Discovery
and Motion to Compel Witnesses. These motions were denied by Orders entered on August 25,
2010. Tectrans filed a Motion to Dismiss Second and Third Protest, for which McDonald filed a
written response. The Hearing Officer denied Tectrans' Motion to Dismiss.
The Hearing was conducted August 264 Prior to the beginning of the hearing,
allegations of improper conduct by the County, although alleged by McDonald, were withdrawn.
During the evidentiary portion of the hearing, McDonald presented live testimony from
Carlos Rivera, Operations Manager for McDonald and Robert Babbitt, President of McDonald
Transit Associates. The County called Steve Carrell, Collier County Purchasing Director as its
witness and the witness testifying on behalf of Tectrans was Mark Levitt, Senior Vice President
of Tectrans and President of Limousines of South Florida, Inc. The hearing lasted the entire day.
At the close of the evidentiary portion of the hearing, each party gave a closing statement and the
hearing was concluded. On September 3, 2010, the Hearing Officer issued a 30 page decision in
the matter that included the following recommendation:
"...it is the recommendation of the undersigned Special Magistrate as the
appointed Hearing Officer, that the Formal Written Protest filed by MCDONALD
TRANSIT ASSOCIATES, INC. be denied, that the subsequent Second Protest
filed by MCDONALD be merged into the Formal Written Protest and included in
the recommendation for denial; that the recommended award of the contract to
TECTRANS, based on the consensus of the Selection Committee be upheld and
that the Board of County Commissioners approve the Selection Committee's
recommendation and award the contract to TECTRANS, with contract
negotiations to proceed according to County policy."
FISCAL IMPACT:
In the event that Board approves the recommendation, the estimated contract amount for
FY 10/11 for the Fixed Route and Paratransit Programs is $6,092,167. Funding for this contract
is budgeted in Transit Funds 426 and 427 and Transit Grant Funds 424, 425, 428 and 429. The
contract is supported by several sources of federal and state funding which includes, Federal
Transit Administration (FTA) 5307 Grants recurring operating funds ($253,655), Florida
Department of Transportation State Block Grant funds ($720,259), Trip & Equipment Grant
funds ($587,433), FTA Section 5311 Rural Area Grant funds ($254,584) and Medicaid Funds
($507,266). The balance; after all grant funding is exhausted is supported with combined local
funding from Gas Tax (313) and General Fund (001).
Tn the event that the Board elects to award the contract to McDonalds, the estimated contract
amount for FYI 0/11 for the Fixed Route and Paratransit Programs is $6,225,036. Funding for
this contract would be the same as set forth above.
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1/24/2012 Item 16.E.5.
Agenda Item No. 16K8
September 14, 2010
Page 4 of 62
In the event that the Board elects to reject all proposals and re- compete the contract, the existing
contract will need to be extended on a month to month basis for at least four (4) months (through
January 31, 2011). The estimated monthly cost for continuation of the contract is $518,753,
which would total $2,075,012 over four months. There is no guarantee that McDonald's would
be willing to extend the current contract, and if so, at these terms.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JAK
GROWTH MANAGEMENT IMPACT: This item is consistent with Objective 12 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners, in furtherance of the
recommendations of Staff and the Hearing Officer, awards contract 10 -5455 to Tectrans, Inc.,
and authorize the Chairman to execute the contract after review by the County Attorney's Office.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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10�
T CC 1 RAK5®
December 2, 2011
Ms. Glama Carter
Collier Area Transit Fixed Route & DAR
2885 Horseshoe Dr. South
Naples 34104
1/24/2012 Item 16.E.5.
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■ Yellow Cab of Greater Orange County
• LSF Shuttle
RE: Keolis Acquisition of Tectrans and its Subsidiaries
Dear Ms. Carter :
Effective November 29, 2011, Tectrans, Inc., its subsidiaries, and all of its assets have been acquired by Keolis
America, Inc., the U.S. operations arm of the Keolis Group based in Paris, France. Also effective November 29,
2011, the legal name of Tectrans, Inc. has been changed to Keolis Transit America, Inc. All other legal entities
remain constant and valid as wholly -owned assets of Keolis America, Inc. Also, the entire management and
executive team remains intact with no changes so the transition should be seamless.
Needless to say, we are very excited about the opportunities and additional resources our new ownership
structure presents to your organization and to all of our customers across the country. Keolis, the largest
operator of transit services in France and the operator of services in 11 other countries, has invested in Tectrans
as part of its strategic worldwide growth plan, and it is because of you and all of our customers that Keolis
identified Tectrans as their preferred platform from which to launch their transit services in the United States.
Keolis already has a presence in the U.S. rail industry as operators of the Virginia Railway Express and now is the
fourth largest provider of contracted transportation services in America. All together, Keolis has annual
revenues greater than $5.7 billion, with more than 41% of those revenues from operations outside of France.
In the coming weeks and months, we will be integrating our various systems into the Keolis network, and
converting our branding over to the Keolis Transit America brand (shown below).
We know that change can sometimes be challenging, so we encourage you to contact us or your local
management teams with any concerns or questions, or if you require any additional documentation to
supplement your contract files. We also encourage you to visit www.keolisamerica.com and www.keolis.com to
explore for yourself what we believe are the many advantages of being a Keolis customer. We have also
included hard copies of the latest Keolis brochures for your information.
On behalf of the entire Tectrans team -- and now the worldwide Keolis family of companies - -thank you for your
business and for your consideration as we continue through our transition to Keolis Transit America.
Sincerely,
Keolis Transit America, Inc. K e o I S
I
1
Na-" /
Michael Griffus ;
?f
Chief Executive Officer
enclosures
8053 West Century Boulevard, 91h Floor
Los Angeles, California 90045
Telephone: 310-961-9500 Fax: 310.981.9501
www.tectrans.com
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