San Luis Obispo Regional Transit Authority · San Luis Obispo Regional Transit Authority REQUEST...

San Luis Obispo Regional Transit Authority

REQUEST FOR PROPOSALS

Purchase and Installation of

Transit Ticket Vending Machines

ISSUING OFFICE: San Luis Obispo Regional Transit Authority

179 Cross Street San Luis Obispo, CA 93401

Release Request for Proposals (RFP) January 27, 2016 Pre-Proposal Conference (2:00 p.m. PST) February 5, 2016 Submit Questions & Clarifications (4:00 p.m. PST) February 16, 2016 Proposals Due (4:00 p.m. PST) February 29, 2016 Pre-Award Survey and Screening March 4, 2016 Selection of Proposer March 8, 2016

Table of Contents

PUBLIC NOTICE 1

PROPOSERS CHECK LIST 2

SECTION 1 4

INSTRUCTIONS AND CONDITIONS 4

1.0 INSTRUCTIONS AND CONDITIONS FOR THE REQUEST FOR PURCHASE

AND INSTALLATION OF TRANSIT TICKET VENDING MACHINES. 5

1.1 PURPOSE AND SCHEDULE 5

1.1.1 PURPOSE 5

1.1.2 SCHEDULE 5

1.2 EXISTING CONDITIONS 5

1.2.1 GENERAL DESCRIPTION 5

1.2.2 VEHICLE FLEET 7

1.2.3 FACILITIES 7

1.2.4 TECHNOLOGY AND INFRASTRUCTURE 7

1.2.5 ELECTRONIC FARE EQUIPMENT 8

1.4 CONDITIONS 8

1.4.1 SINGLE PROPOSER REQUIREMENTS 8

1.4.2 ADHERENCE TO PROPOSAL FORM 8

1.4.3 COMPENSATION 8

1.4.4 PROJECT COORDINATION AND KEY PERSONNEL 9

1.4.5 QUALIFICATIONS 9

1.4.6 REQUIRED SUBMITTAL 9

1.4.7 REQUIRED CONTENTS 10

1.4.7.15 OPERATIONAL COST ANALYSIS 12

1.4.8 AWARD 13

1.4.9 PRE-CONTRACTUAL EXPENSES 13

1.4.10 VERBAL AGREEMENT OR CONVERSATION 13

1.4.11 SPECIAL FUNDING CONSIDERATIONS 13

1.4.12 ALTERNATIVES AND EXCEPTIONS 14

1.4.13 NON-EXCLUSIVITY OF CONTRACT 14

1.4.14 RESERVED 14

1.4.15 ISSUING OFFICE AND POINT OF CONTACT 14

1.4.16 CONTRACT 14

1.4.17 PROPOSAL DUE DATE 14

1.4.18 DISCLOSURE OF OWNERSHIP 14

1.5 REQUIRED FEDERAL CLAUSES 15

1.5.1 ENERGY CONSERVATION 15

1.5.2 RESTRICTIONS ON LOBBYING 15

1.5.3 ACCESS TO AND INSPECTION TO RECORDS 15

1.5.4 FEDERAL CHANGES 16

1.5.5 RECYCLED PRODUCTS 16

1.5.6 NO OBLIGATION BY THE FEDERAL GOVERNMENT 16

1.5.7 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 16

1.5.8 TERMINATION 17

1.5.9 NON-COLLUSION 18

1.5.10 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 18

1.5.11 COMPLIANCE WITH THE PRIVACY ACT 19

1.5.12 CIVIL RIGHTS REQUIREMENTS 19

1.5.13 PROTEST AND DISPUTE 20

1.5.14 DISADVANTAGE BUSINESS ENTERPRISE (DBE) ADVISORY 24

1.5.15 FEDERAL TRANSIT ADMINISTRATION TERMS 24

1.5.16 LIQUIDATED DAMAGES 24

1.5.17 PROGRESS PAYMENTS 24

1.5.18 PROHIBITIVE INTERESTS 24

1.5.19 FINANCIAL STATEMENTS 24

1.5.20 CONFLICT OF INTERESTS 25

1.5.25 BUY AMERICA 26

1.6 OTHER REQUIRED CLAUSES: 27

1.6.1 PROPOSER’S REPRESENTATION 27

1.6.2 CERTIFICATION OF ELIGIBILITY 27

1.6.3 PROPOSAL ACCEPTANCE AND REJECTION 27

1.6.4 SINGLE PROPOSAL 27

1.6.5 GOVERNING LAW 27

1.6.6 TERM OF CONTRACT 28

1.6.7 INSURANCE 28

1.7 SELECTION CRITERIA 30

1.8 SELECTION PROCESS 31

SECTION 2

DRAFT AGREEMENT 33

1. PURPOSE. 35

2. SCOPE-OF-WORK. 35

3. TERM OF CONTRACT. 35

4. COMPENSATION AND METHOD OF PAYMENT. 35

5. CONTROL. 36

6. INTEGRATION/MODIFICATIONS OF AGREEMENT. 36

7. CONTRACT ASSIGNMENTS. 36

8. COMMUNICATIONS. 37

9. OWNERSHIP OF DOCUMENTS. 37

10. WORKER’S COMPENSATION. 37

11. CONTRACTOR’S EMPLOYEE RESPONSIBILITIES. 38

12. INSURANCE. 38

13. PRIME CONTRACTOR RESPONSIBILITIES. 40

14. HEADINGS. 40

15. RETENTION OF RECORDS. 41

16. INDEMNIFICATION. 41

17. ADDITIONAL SERVICES. 41

18. CHANGES IN SCOPE-OF-WORK. 41

19. CONFLICTING USE. 41

20. LIAISON. 41

21. LIQUIDATED DAMAGES. 41

22. WAIVERS. 41

23. SEVERABILITY. 42

24. ENERGY CONSERVATION 42

25. RESTRICTIONS ON LOBBYING 42

26. ACCESS TO AND INSPECTION TO RECORDS 42

27. FEDERAL CHANGES 43

28. RECYCLED PRODUCTS 43

29. NO OBLIGATION BY THE FEDERAL GOVERNMENT. 43

30. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND

RELATED ACTS 43

31. TERMINATION 44

32. NON-COLLUSION 45

33. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 45

34. COMPLIANCE TO THE PRIVACY ACT 45

35. CIVIL RIGHTS REQUIREMENTS 46

36. DISPUTE 47

37. DISADVANTAGE BUSINESS ENTERPRISE (DBE) ADVISORY 47

38. FEDERAL TRANSIT ADMINISTRATION TERMS 48

39. CONTRACTOR’S REPRESENTATION 48

40. CERTIFICATION OF ELIGIBILITY 48

41. GOVERNING LAW 48

42. INTEREST OF MEMBERS OF, OR DELEGATES TO CONGRESS 49

43. PROHIBITIVE INTERESTS 49

44. CONFLICT OF INTERESTS. 49

45. FLY AMERICA 49

46. CARGO PREFERENCE 49

47. CLEAN WATER 50

48. CLEAN AIR 50

49. BUY AMERICA 50

SECTION 3 52

3.2. QUANTITY AND LOCATION 55

3.3 REQUIREMENTS & DELIVERABLES 55

3.4 OPERATIONAL COST ANALYSIS 55

3.5 DATA SYSTEM REQUIREMENTS 56

3.8 INSTALLATION 61

3.9 COMPLETE SYSTEM 62

3.10 CONDITION OF PROPOSED EQUIPMENT 62

3.14 DOCUMENTATION, TECHNICAL ASSISTANCE, AND MAINTENANCE 62

3.14.3 SYSTEM HELP 66

3.14.4 CORRECTIVE MAINTENANCE 66

3.14.6 DRAWINGS, OPERATIONAL INSTRUCTIONS & MANUALS 66

3.14.7 TRAINING 66

3.16 WARRANTY 69

3.16.1 WARRANTY 69

3.16.2 SCOPE OF WARRANTY REPAIRS 69

3.16.3 EXTENSION OF WARRANTY 69

3.17 LICENSING AND OWNERSHIP 70

3.17.1 SOFTWARE LICENSES 70

3.19 DELIVERY AND IMPLEMENTATION SCHEDULE 72

3.21 BRANDING 73

SECTION 4 75

FORMS 75

PROPOSAL FORM 1 77

PROPOSAL FORM 2 78

ADDENDUM RECEIPT 78

SECTION 5 - REQUIRED CERTIFICATIONS 79

CERTIFICATION OF RESTRICTIONS ON LOBBYING 81

CERTIFICATION OF NON-COLLUSION 83

ELIGIBILITY 85

AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND NON-COMPETITIVE PRACTICES 87

CERTIFICATION CONCERNING CONTROL OF PROPOSER’S EMPLOYEE 89

LOCATION INFORMATION 95

FUNCTIONAL MATRIX/TECH SPECS 97

San Luis Obispo Regional Transit Authority RFP – Purchase and Installation of Transit Ticket Vending Machines P a g e | 1

PUBLIC NOTICE REQUEST FOR PROPOSAL FOR

PURCHASE AND INSTALLATION OF TRANSIT TICKET VENDING MACHINES The San Luis Obispo Regional Transit Authority (RTA), located on the California central coast, operates a public bus fixed route service and complementary paratransit services within and adjacent to San Luis Obispo County. RTA invites proposals for purchase and installation of one (1) transit ticket vending machine system, with the option of up to six (6) additional ticket vending machines. RTA seeks proposals from qualified firms with strong experience in all aspects of electronic revenue collection and management systems for public transit operations, fare revenue collection best practices, fare revenue security, etc. Proposal packages may be obtained by emailing your request to the project manager listed below. Please include your company name, street address, phone, fax, and email address, along with the name of the RFP you are requesting. For additional information, please contact Michael Seden-Hansen, Special Projects Coordinator, at (805) 781-4472 X1147 or via email at [email protected]. All prospective proposers are invited to attend a non-mandatory pre-proposal meeting to be held on Friday, February 5, 2016, at 2:00 p.m. PST, in the upstairs conference room of the RTA operations facility located at 179 Cross Street, San Luis Obispo, CA.

ALL PROPOSALS MUST BE RECEIVED BY RTA 4:00 P.M. PST, ON MONDAY, FEBRUARY 29, 2016

NO PROPOSALS WILL BE ACCEPTED AFTER THIS TIME AND DATE. PROPOSALS WILL REMAIN SEALED AND UNOPENED. PROPOSALS WILL NOT BE PUBLICLY OPENED.

Proposing firms must not be on the Comptroller General’s list of ineligible proposers. The Proposer will be required to comply with all applicable Equal Employment Opportunity Laws and Regulations. Disadvantaged Business Enterprises will be afforded full opportunity to submit proposals in response to this Request for Proposals and will not be subjected to discrimination on the basis of race, color, sex, or national origin in consideration for an award. All correspondence shall be in writing and directed to:

Michael Seden-Hansen San Luis Obispo Regional Transit 179 Cross Street, Suite A San Luis Obispo, CA 93401 (805) 781-4472 [email protected]


PROPOSERS CHECK LIST

Instructions. Each proposal submitted shall include the items listed below. The following list is for convenience ONLY. Proposers are entirely responsible for the submission of a properly executed proposal, and should carefully read the entire specification package in order to be fully aware of all requirements. Failure to comply in all respects may result in rejection of a proposal as non-responsive.

SUBMITTED PROPOSER’S CHECK LIST

YES NO

Organization Information

Background, References, and Similar Projects

Statement of Qualifications

Performance Monitoring and Quality Control

Work and Implementation Plan

Product and Solution

Project Schedule

Signature Authority

Personnel

Pricing Proposal per Form 1

Insurance Coverage

Insurance Certificate

RFP Addenda

Financial Statements

Form 1: Pricing Proposal

Form 2: Addendum Receipt

Certification 2.1: Restrictions on Lobbying

Certification 2.2: Non-Collusion

Certification 2.3: Eligibility

Certification 2.4: Conflict of Interests

Certification 2.5: Control of Proposer’s Employees

Certification 2.6: Buy America

Certification 2.7: DBE


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SECTION 1

INSTRUCTIONS AND CONDITIONS


1.0 INSTRUCTIONS AND CONDITIONS FOR THE REQUEST FOR PURCHASE AND INSTALLATION OF TRANSIT TICKET VENDING MACHINES.

1.1 Purpose and Schedule

1.1.1 Purpose The San Luis Obispo Regional Transit Authority (referred as “RTA” hereinafter), located on the California Central Coast, provides intracity and intercity fixed route, as well as demand response services, within and adjacent to San Luis Obispo County. This request for proposals describes the responsibilities of the Proposer for the purchase and installation of Transit Ticket Vending Machines.

1.1.2 Schedule The tentative procurement schedule is illustrated below:

Task Date

Release Request for Proposals (RFP) January 25, 2016

Pre-Proposal Conference (2:00 p.m. PST) February 5, 2016

Submit Questions & Clarifications (4:00 p.m. PST) February 16, 2016

Proposals Due (4:00 p.m. PST) February 29, 2016

Pre-Award Survey and Screening March 4, 2016

Selection of Proposer March 8, 2016

1.2 Existing Conditions

1.2.1 General Description RTA was created in 1989 through creation of a Joint Powers Authority, to provide regional management for fixed-route transportation services, as well as the regional paratransit service (Runabout). Runabout, although established in 1977, became the sole Americans with Disabilities Act (ADA) complementary paratransit provider in 2001 for all fixed route services in San Luis Obispo County. RTA’s service area includes all of San Luis Obispo County and extends into the northern part of Santa Barbara County (Santa Maria). The RTA Board of Directors consists of a representative from all of the cities in which transportation services are provided, as well as all five San Luis Obispo County Supervisors. These cities consist of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo. In August 2009, RTA assumed direct operation and maintenance of all fixed route and Runabout services; prior to then, RTA contracted with private companies for services. RTA provides administration and vehicle maintenance for South County Transit, which operates local fixed-route services in the cities of Pismo Beach, Grover Beach and Arroyo Grande, as well as the nearby unincorporated area. Similarly, Paso Express local fixed-route services are fully-operated, administered and maintained by RTA. Both South County Transit’s and Paso Express’ fare systems are fully-integrated into RTA’s.


RTA’s intercity service operates out of four transfer facilities:

a. San Luis Obispo Government Center, RTA’s primary passenger facility. This location provides RTA Route 9, Route 10, Route 12 and Route 14 connections to SLO Transit local fixed-route services.

b. Pismo Premium Outlets transfer facility, with hourly RTA Route 10

connections to South County Transit local fixed-route services (Routes 21, 24 and Avila Beach Trolley).

c. Morro Bay transit center, with RTA Route 12 and Route 15

connections to Morro Bay Transit local deviated fixed-route services.

d. Paso Robles Train Station transfer facility, with hourly RTA Route 9

connections to Paso Express local fixed-route services and Monterey-Salinas Transit Route 83 intercity services.

In addition, South County Transit operates out of a passenger facility at Ramona Garden Park in Grover Beach. All three SCT fixed-route serve this facility hourly, while only SCT Routes 21 and 24 serve the Pismo Premium Outlets facility mentioned above. In FY2014-15, RTA boarded 765,559 passengers on its fixed-route services, while the Paso Express boarded 105,483 passengers and South County Transit boarded 232,708 passengers. In total, all of the fixed-route services managed my RTA boarded 1,103,750 passengers last year, representing the primary target market for the TVM project. SLO Transit, which operates seven fixed-routes and a downtown Trolley, carried 1,028,538 passengers in FY2013-14, although approximately 60% are provided prepaid fare-free access through SLO Transit’s funding agreement with the Cal Poly campus and those riders would not likely use TVMs unless those passenger choose to ride on RTA or other transit vehicles in the county, which are not included in the Cal Poly fare-free funding agreement.


1.2.2 Vehicle Fleet RTA’s fixed-route fleet (including South County Transit’s and Paso Express’ sub-fleets) use GFI Odyssey electronic fareboxes. The combined 38 fixed-route vehicles are summarized in the table below.

Size

Year

Mfr

Fuel

Seats

Body Style1

Service

# of Vehicles

40 2015 Gillig Diesel 37 L Fixed Route

8

35* 2015 Gillig Diesel 32 L Fixed Route

1

40 2013 Gillig Diesel 38 L Fixed Route

7

35* 2013 Gillig Diesel 32 L Fixed Route

3

32* 2013 Eldorado Diesel 29 H Fixed Route

6

40 2011 Eldorado Diesel 37 L Fixed Route

1

20 2015 Starcraft Gas 20 C Fixed Route

2

35* 2010 Eldorado Diesel 34 L Fixed Route

2

40 2008 Gillig Diesel 43 H Fixed Route

2

40 2003 Gillig Diesel 43 H Fixed Route

6

35* 2003 Gillig Diesel 35 H Fixed Route

2

TOTAL 40 1 C=Cutaway, H=High Floor, L=Low Floor, *=Operated by SCT or Paso Express

SLO Transit’s 16 fixed-route buses also use GFI Odyssey fareboxes. 1.2.3 Facilities RTA’s Bus Operations and Maintenance Facility is located at 179 Cross Street in San Luis Obispo. This facility was constructed in 2009. This facility is composed of operations offices, maintenance bays and bus staging, parking, and dispatching for most RTA vehicles and employees, and other amenities. RTA operates a park-out facility at the Paso Train Station, including offices and restrooms for on-site employees. In addition, RTA partners with South County Transit for a park-out facility in Arroyo Grande. 1.2.4 Technology and Infrastructure RTA contracts with Mustang Computers for desktop services and other technology needs. Mustang Computers will be available to RTA as a Contractor for this RFP. RTA is in the process of installing a comprehensive GPS-based computer aided scheduling and arrival prediction system for fixed-route operated/managed by


RTA. This system is being implemented by Connexionz and should be ready for beta testing by the end of summer 2015 on all RTA, SCT and Paso Express services. This system will be hosted “in the cloud” by Connexionz. RTA currently utilizes RouteMatch version 6.0.1 for computer aided scheduling for its demand response services (including the Route 15 route-deviation service operated along the North Coast between Morro Bay and San Simeon). Mobile data terminals are used for dispatching and manifesting trips. This system is hosted “in the cloud” by RouteMatch. RTA’s server infrastructure is located at RTA’s operating facility at 179 Cross Street in San Luis Obispo. The GFI infrastructure consists of the Main GFI server Running Windows 7 64Bit on a standalone machine.

1.2.5 Electronic Fare Equipment RTA uses General Farebox (GFI) Odyssey fareboxes, and the GFI Data System 7 (version 2.05.10.34) for centralized data management and transaction storage. RTA also uses the mobile cash vaults that are manufactured by GFI.

1.3 General Scope of Work

Refer to Section 3.

1.4 Conditions

1.4.1 Single Proposer Requirements RTA desires to contract with one independent Proposer. The Proposer shall not assign or transfer any portion of this contract to an agent or third party without prior written consent of RTA.

1.4.2 Adherence to Proposal Form All proposals are to be prepared in strict conformity with these instructions and submitted on the forms requested. Unacceptable conditions, limitations, provisos, or failure to respond to specific instructions or information requested in the RFP may result in rejection of the proposal. RTA also reserves the right to: accept any proposals; reject any or all proposals; negotiate with all proposers whose proposals are considered to be within the “competitive range”; reject proposals which are not considered to be within the competitive range, or which show evidence of poor past performance, or which have major deviations from RTA’s specifications; and accept a proposal which has only minor deviations; postpone the proposal due date and/or cancel the solicitation; or to contract on such basis as it deems to be in the best interest of RTA, including splitting the award between two or more proposers. In particular, proposers, by submitting a proposal agree to any and all terms of the draft agreement in Section 2. 1.4.3 Compensation In no event shall the total compensation and reimbursement for expenses to be paid to Proposer exceed the sum of the amount awarded to the successful Proposer.


1.4.4 Project Coordination and Key Personnel The selected firm (hereinafter referred to as “Contractor”) will report to the Special Projects Coordinator . RTA may convene a working group to provide input in the development of the Ticket Vending Machines system.

1.4.5 Qualifications Respondents to this Request for Proposal should possess the qualifications listed below as a minimum:

a. Prior experience in installing transit ticket vending machines for similar transit operations.

b. Prior experience in coordinating with transit agency technology

departments with similar infrastructure including hardware and software at multiple locations.

c. Knowledge of current and emerging technologies compatible to the

scope of work and RTA’s infrastructure. d. Ability to complete the scope of work within budget. e. Knowledge of electronic revenue collection and management

systems. f. Knowledge of fare revenue collection best practices. g. Knowledge of fare security and audit systems. h. Effective internal management with standard practices for assuring

quality control, and meeting deadlines. i. Ability to communicate effectively with elected officials, staffs from

multiple public jurisdictions, business community, and the public.

1.4.6 Required Submittal Proposers are required to submit one original and seven (7) copies of the proposal to:

Ticket Vending Machine Procurement San Luis Obispo Regional Transit Authority 179 Cross Street, Suite A San Luis Obispo, CA 93401

In addition, a non-password protected PDF of the proposal document shall be submitted on a CD-ROM


All signatures received by RTA associated to this RFP and Contract shall be in BLUE INK on original submittal, forms, certifications, communications, and associated documents and correspondence. PROPOSERS ARE REQUIRED TO LIMIT THEIR PROPOSAL PACKAGE TO NO MORE THAN 40 PAGES.

1.4.7 Required Contents

1.4.7.1 Organization Information Proposers shall include a description of the following: name of firm; business address, telephone numbers, and names titles of responsible parties who may be contacted by RTA during evaluation period; year business was established; firm’s organizational structure; experience; history; legal status (i.e., partnership, corporation, etc.); capabilities; financial solvency; list of owners and officers, and management philosophy. Particular attention to management philosophy is very important since we are interested in how you intend to manage and interact with RTA staff. 1.4.7.2 Background, References, and Similar Projects List all of the contract services of similar operation that your firm has provided during the preceding five (5) years, including the name of the agency, company or entity, contact person and phone number(s). 1.4.7.3 Statement of Qualifications Submit the qualifications, background and availability of key management personnel. Describe Proposer’s approach and philosophy to minimize employee turnover and to maintain a stable work force. Describe any other management personnel and supervisory positions, including an organization chart that will participate in the performance of this contract.

1.4.7.4 Cost Proposal A cost proposal for each phase of the Scope of Work shall be submitted, showing how contractual costs, including labor, materials, and time would be allocated, indicating task, the individual personnel costs and hourly rate, travel, printing, and other expenses. A fixed price contract shall be used. Such cost proposal shall be presented on Form 1 in Section 43. 1.4.7.5 Performance Monitoring and Quality Control A task summary indicating how the Contractor plans to perform the project is required. Completion of work shall be on time and according to the project schedule. The schedule should provide specific milestones for the project. In addition, the Proposer shall submit a Quality Control Program describing how your firm intends to meet the requirements. Proposers should describe the procedures for testing the system during each phase of the implementation, including the test documentation to be provided to RTA. The Proposer will provide on-site testing during and after the completion of the installation of the system. Reports of the


testing will include a description of all tests performed, the results obtained, and any required modification required as a result of the testing. The Proposer will provide on-site technical support during the installation process as well as during the time period that RTA will implement live with the new system. The Proposer should describe the support that will be provided to RTA for the first year of operation of the system (from the date of full implementation). Proposers should describe, in detail, the installation/start-up and post-implementation support to be provided to RTA. At a minimum, the following performance requirements should be described and any variables affecting performance should be explained. As a part of the evaluation, RTA may require the Proposer to demonstrate its TVM’s performance.

a. Ability to receive payment in the form of cash, coin, credit card, and debit card.

b. Dispense passes, tokens, smart cards, and

change. c. Issue receipts. d. User-friendly. e. Provide instruction in both English and Spanish.

The Proposer should also include a description of the system redundancy features to ensure system availability and prevent a system shut down from a single point of failure. System availability should be at least 99.95%. 1.4.7.6 Work and Implementation Plan and Project Schedule Submit a Detailed Work Plan describing how your firm intends to provide the services Paragraph 1.3. Describe the technical approach to be taken for the work required. Provide a clear explanation of how the work will be organized, including a block diagram showing the name of the committed team members, how they will interact, and the intended level of involvement for each team member. The Work Plan shall include a schedule of deliverables. The firm’s qualifications, including a resume of the firm(s) experience on related or similar projects shall be included, and names and telephone numbers of client references. Brief resumes of experience of key personnel should be included in the proposal. If sub-contractors, joint ventures or both are contemplated, identify and describe the entire team, including qualifications, experience and references and specifically identify the intended lead of prime Proposer.


1.4.7.7 Proposed Solution and Product The Proposer shall also describe in detail of its solution and strategy to meet the requirements and conditions in the scope of work. The Proposer shall submit the product, list and description of the equipment, hardware, software of its solution, and other necessary requirements. 1.4.7.8 Insurance Coverage Proposer must submit insurance coverage that complies with the requirement Paragraph 1.5.24. 1.4.7.9 Signature Authority Proposals shall be signed by an officer authorized to bind the proposer and shall contain a statement to the effect that the proposal constitutes a firm offer for at least (90) days from the last day of receipt of proposals set forth herein. 1.4.7.10 Required Forms and Certifications Submit all required forms and certifications in Section 5. 1.4.7.11 Insurance Certificate A certification of the required insurance indicated in the contract.

1.4.7.12 RFP Addenda Any changes to the Request for Proposals (RFP) requirements will be made by addenda. All addenda shall be signed and attached to the respective Proposal Form. Failure to attach any addenda and a complete Form 2 in Section 4 shall cause the proposal to be considered non-responsive. Such proposals will be rejected. 1.4.7.13 Financial Statements and Status Last three (3) years audited financial statements. Failure to include financial statements may result in rejection of proposal. If proposer wishes this information not be shared under a public document request, the proposer should clearly mark each page “CONFIDENTIAL”. 1.4.7.14 Payment Schedule At its sole discretion, RTA may issue progress payments to the vendor based on successful accomplishment of major milestones. Proposers shall indicate a proposed schedule for payments, linking payment milestones to specific elements contained in the implementation section of their proposal. This payment schedule must be part of the proposal submittal for RTA to consider. 1.4.7.15 Operational Cost Analysis Proposers shall submit analysis detailing the costs associated with operating and maintaining the proposed system. Analysis shall include the following: annual cost of maintaining software (i.e., including updates and upgrades), annual cost of maintaining hardware (include hardware upgrades), initial training costs, annual training costs, annual costs of option maintenance agreements, etc. Analysis shall include labor hours,


hourly costs, travel expenses, full time equivalent personnel, etc. The analysis shall include staffing and expertise requirements of maintaining the system and the associated costs. Proposers shall also provide a matrix consisting of analysis comparing RTA with other organizations or transit agencies of comparable size and structure. Proposers shall also provide three (3) hard copies of hard documentation of system and CD of documents of system in PDF format. The documentation shall also suggest the level of expertise required for maintaining the system.

1.4.8 Award RTA reserves the right to withdraw this RFP at any time without notice. Further, RTA makes no presentations that any agreement will be awarded to any proposer responding to this RFP. 1.4.9 Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by proposers and selected Proposer in:

a. Preparing proposal in response to this RFP.

b. Submitting proposal to RTA.

c. Negotiations with RTA on any matter related to proposal.

d. Other expenses incurred by Proposer prior to date of award for any

agreement, and/or to the notice to proceed. In any event, RTA shall not be liable for any pre-contractual expenses incurred by any proposer or selected Proposer. Proposers shall not include any such expenses as part of the price proposed in response to this RFP. RTA shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by or on behalf of any person or organization responding to this RFP. 1.4.10 Verbal Agreement or Conversation No prior, current, or post award verbal agreement(s) with any officer, agent or employee of RTA shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement. 1.4.11 Special Funding Considerations Any contract resulting from this RFP will be financed primarily with funds available under Articles 4.0 of the California Transportation Development Act (TDA), State of California Proposition 1B, Federal Transit Administration Section 5307 and/or Section 5339. The contract for this service is contingent upon the receipt of these funds. In the event that funding from this source is eliminated or decreased, RTA reserves the right to terminate any contract or modify it accordingly.


1.4.12 Alternatives and Exceptions Except where clearly identified in this RFP as an “option,” Proposers may not submit alternative proposals other than provided for in this RFP, or take exception or make alterations to any requirements of the RFP. If more than one complete proposal is received from one organization or alterations made thereto, all proposals from that organization will be rejected as non-responsive. Since RTA desires to enter into one contract to provide all services, only those proposals to provide all services will be considered responsive. 1.4.13 Non-Exclusivity of Contract It shall in no way be construed that any contract to be awarded hereby is or shall be the sole or exclusive contract for transit service into which RTA may enter. The Proposer has no exclusive rights granted per a contract.

1.4.14 Reserved 1.4.15 Issuing Office and Point of Contact The issuing office of this RFP is:

San Luis Obispo Regional Transit Authority 179 Cross Street San Luis Obispo, CA 93401

Please address questions and request for clarification in writing by TUESDAY, FEBRUARY 16, 2016, 4:00 p.m. PST. Any verbal communication and/or conversation shall not be deemed official and shall not be considered. Any question or request for clarification received after this deadline shall be return unopened to proposer and shall not be considered. 1.4.16 Contract A sample contract is provided in Section 2 of the procurement document. 1.4.17 Proposal Due Date All proposals must be received by 4:00 p.m., PST, on MONDAY, FEBRUARY 29, 2016 in accordance to the instructions and conditions of the request for proposals. No proposals will be accepted after this time and date. 1.4.18 Disclosure of Ownership All proposals and related information submitted to RTA by any Proposer, including the selected Proposer, will become the property of the San Luis Obispo Regional Transit Authority and shall be subject to public records requests. None of the material submitted will be returned to any Proposer.


1.5 Required Federal Clauses

1.5.1 Energy Conservation The Proposer 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.

1.5.2 Restrictions on Lobbying Proposers who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20,”New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with 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. A certificate must be completed and submitted with the bid (Refer to Certification 2.1 in Section 5).

1.5.3 Access to and Inspection to Records RTA is a local Joint Powers Authority and is the FTA Recipient in accordance with 49 C.F.R. 18.36(i). The Proposer agrees to provide RTA, 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 Proposer which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Proposer also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Proposer access to Proposer’s records and construction sites pertaining to this project or contract, 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. The Proposer agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Proposer agrees to maintain all books, records, accounts, and reports required under this contract for a period of not less than THIRTY-FIVE (35) 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 Proposer agrees to maintain same until RTA, the FTA Administrator, the Comptroller General, State of California, 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).


1.5.4 Federal Changes Proposer 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 RTA and FTA, as they may be amended or promulgated from time to time during the term of this contract. Proposer’s failure to comply shall constitute a material breach of this contract. 1.5.5 Recycled Products The Proposer 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. 1.5.6 No Obligation by the Federal Government

a. RTA and Proposer 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 RTA, Proposer, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

b. The Proposer agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub Contractor who will be subject to its provisions.

1.5.7 Program Fraud and False or Fraudulent Statements and Related Acts The Proposer acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Proposer 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 Proposer 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 Proposer to the extent the Federal Government deems appropriate. The Proposer 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 Proposer, to the extent the Federal Government deems appropriate. The Proposer 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 sub Contractor who will be subject to the provisions.

1.5.8 Termination The contract may be terminated for reasons of RTA’s convenience or Proposer’s breach or insolvency. Notice of termination shall be accomplished by registered, certified, or express mail.

a. Termination for Convenience. RTA may terminate this contract, in whole or in part, at any time by written notice to the Proposer when it is in RTA’s best interest. RTA shall be liable only for payment under the payment provisions of the contract for services rendered before the effective date of termination.

b. Termination for Default, Breach, or Cause. If the Proposer does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Proposer fails to perform in the manner called for in the contract, or if the Proposer fails to comply with any other provisions of the contract, RTA may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Proposer, setting forth the manner in which the Proposer is in default. The Proposer 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 RTA that the Proposer 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 Proposer, RTA, after setting up a new delivery of performance schedule, may allow the Proposer to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure. RTA in its sole discretion may, in the case of

a termination for breach or default, allow the Proposer 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 Proposer fails to remedy to RTA’s satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten days after receipt by Proposer or written notice from RTA setting forth the nature of said breach or default, RTA shall have the right to terminate the Contract without any further obligation to Proposer. Any such termination for default shall not in any way


operate to preclude RTA from also pursuing all available remedies against Proposer and its sureties for said breach or default.

d. Waiver of Remedies for any Breach. In the event that RTA elects

to waive its remedies for any breach by Proposer of any covenant, term or condition of this Contract, such waiver by RTA shall not limit RTA’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

1.5.9 Non-Collusion By submitting a proposal, the prospective Proposer represents and warrants that such a proposal is genuine and not a sham, collusive, or made in the interest or in behalf of any person or party not therein named and that the prospective Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham bid, or any other person, firm or corporation to refrain from presenting a proposal and that the prospective Proposer has not in any manner sought by collusion to secure an advantage. If it is found that collusion exists, proposals will be rejected and contract awards shall be null and void. A certificate must be completed and submitted with the proposal (Refer to Certification 2.2 in Section 5). 1.5.10 Government-Wide Debarment and Suspension The Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Proposer is required to verify that none of the Proposer, 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 Proposer is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its proposal, proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the San Luis Obispo Regional Transit Authority. If it is later determined that the proposer knowingly rendered an erroneous certification, in addition to remedies available to San Luis Obispo Regional Transit Authority, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The 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 proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.


1.5.11 Compliance with the Privacy Act The following requirements apply to the Proposer and its employees that administer any system of records on behalf of the Federal Government under any contract:

a. The Proposer agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Proposer agrees to obtain the express consent of the Federal Government before the Proposer or its employees operate a system of records on behalf of the Federal Government. The Proposer 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.

b. The Proposer 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.

1.5.12 Civil Rights Requirements The following requirements apply to the underlying contract:

a. 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 Proposer 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 Proposer agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

b. Equal Employment Opportunity – The following equal employment

opportunity requirements apply to the underlying contract:

1. 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 Proposer agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No.


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 construction activities undertaken in the course of the Project. The Proposer agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Proposer agrees to comply with any implementing requirements FTA may issue.

2. Age – In accordance with section 4 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 Proposer agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Proposer agrees to comply with any implementing requirements FTA may issue.

3. Disabilities – In accordance with section 102 of the

Americans with Disabilities Act, as amended, 42 U.S.C. 12112, the Proposer 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 Proposer agrees to comply with any implementing requirements FTA may issue.

a. The Proposer 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.

1.5.13 Protest and Dispute RTA will make every effort to award the Contract in compliance with relevant federal state, and local law and regulations. If it is the Proposer’s opinion that contract has been or may be improperly awarded, a Proposer may protest the contract award in compliance with relevant local, state, and federal law and regulations.

Pre-Award. Protests must be filed no later than ten (10) business days prior to proposal submittal date. The most common types of protest that might be filed before a bid opening would include one based upon restrictive specifications, or


alleged improprieties in any type of solicitation that is apparent prior to the schedule bid opening. RTA will grant the protesting firm a fair review, and allow up to 10 working days to review or appeal a decision provided no state or federal law or regulation has been violated. It is the intent of RTA to resolve all protests at the local level. When a protest is filed before a scheduled bid opening certain steps will be followed:

a. The protest must be submitted in writing within the specified time frame and sent to the Executive Director for determination (10 working days) at the following address:

Executive Director Regional Transit Authority 179 Cross Street Suite A San Luis Obispo, CA 93401

b. The protest must contain the reason(s) for the protest and should

recommend a remedy. c. Where appropriate, RTA will hold an informal conference on the

merits of a protest with all interested parties allowed to attend. Interested parties may include all bidders/offerors and subcontractors or suppliers provided they have a substantial economic interest in a portion of the RFP.

d. All potential bidders will be advised of a pending protest. e. RTA shall not open bids prior to the resolution of the protest, unless

it is determined that:

1. The items to be procured are urgently required, or; 2. Delivery or performance will be unduly delayed by

failure to make the award promptly, or; 3. Failure to make prompt award will otherwise cause

undue harm to RTA or the Federal Government.

f. RTA will respond in writing within 10 working days after receipt of a properly filed protest. The response will be provided by the Finance Department and will include a response to each substantive issue raised in the protest.


g. After the exhaustion of administrative remedies the protesting party will be given our final decision. The CFO/Director of Administration/Admin has the authority to make the final determination regarding all protests. If the protest is not resolved, and if FTA funded, a protest may then be filed with FTA within 5 working days after receipt of our final decision.

Note that FTA will only entertain a protest that the grantee failed to have or follow their protest procedures. A protest to FTA must be filed in accordance with FTA Circular 4220.1F.

Post Award. A protest filed after a bid opening or post award must be filed within 5 working days after the bid opening or notice of award. The types of protests most commonly filed after bid openings are varied, e.g., one in which the award is made to other than the low bidder, changes to the criteria during bid evaluation, bid compliance, etc. RTA will grant the protesting firm a fair review, and allow up to 10 working days to review or appeal a decision provided no state or federal law has been violated. It is the intent of RTA to resolve all protests at the local level. All protests, including FTA funded projects, must follow certain guidelines.

a. The protest must be submitted in writing within the specified time frame and sent to the RTA for determination (unless otherwise specified, five working days).

Executive Director Regional Transit Authority 179 Cross Street Suite A San Luis Obispo, CA 93401

a. The protest must contain the reason(s) for the protest and

recommend a remedy. b. Where appropriate, RTA will hold an informal conference on the

merits of a protest with all interested parties allowed to attend. Interested parties may include all bidders/offerors and subcontractors or suppliers provided they have a substantial economic interest in a portion of the RFP.

c. RTA will respond in writing within 10 working days after receipt of

the protest. The response will be provided by the CFO/Director of Administration will include a response to each substantive issue raised in the protest.

d. After exhaustion of administrative remedies the protesting party will

be given our final decision. The Executive Director has the authority


to make the final determination regarding all protests. If the protest is not resolved, and if FTA funded, a protest may then be filed with FTA within 5 working days after receipt of our final decision.

e. RTA will allow for a request for reconsideration (if data becomes

available that was not previously known, or there has been an error of law or regulation).

Under certain limited circumstances, and after the protester has exhausted all administrative protest remedies made available to him at the RTA level, an interested party may protest to the California Department of Transportation (Caltrans) the award of a contract pursuant to an FTA grant. The deadline for submitting protests to Caltrans prior to proposal opening is 2:00pm, PST, March 4, 2016. The deadline for submitting protests to Caltrans after opening/announcement of award is 5 days after the announcement of contactor award. Caltrans review of any protest will be limited to: (1) Violations of Federal law or regulations. Violations of State or local law shall be under the jurisdiction of State or local authorities. (2) Violation of RTA’s protest procedures or RTA’s failure to review a complaint or protest. The protest filed with Caltrans shall: (1) Include the name and address of the protester. (2) Identify RTA’s as the party responsible for the RFP process. (3) Contain a statement of the grounds for protest and any supporting documentation. (The grounds for protest filed with Caltrans must be fully supported to the extent feasible. Additional materials in support of an initial protest will only be considered if authorized by the FTA regulations.) (4) Include a copy of the protest filed with RTA, and a copy of RTA’s decision, if any. (5) Indicate the ruling or relief desired from Caltrans. Such protests should be sent to: California Department of Transportation Division of Mass Transportation PO BOX 942874 – M.S. 39, Sacramento, CA 942874-0001 A copy of such protests should also be sent to SLORTA, Attn: Executive Director. Note that FTA will only entertain a protest that the grantee failed to have or follow their protest procedures. A protest to FTA must be filed in accordance with FTA Circular 4220.1F.


After a protest that has been rejected by the FTA the protesting firm may file with the Superior Court of the State of California, San Luis Obispo County, 1050 Monterey St, San Luis Obispo, CA 93408.

1.5.14 Disadvantage Business Enterprise (DBE) Advisory This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The overall triennial goal established for this funding cycle for DBE participation is 1.4%. A separate contract goal has not been established for this procurement. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Proposer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the Proposer 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 RTA deems appropriate. Each subcontract the Proposer signs with a sub-contractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

1.5.15 Federal Transit Administration 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 Proposer shall not perform any act, fail to perform any act, or refuse to comply with any RTA’s requests which would cause RTA to be in violation of the FTA terms and conditions. 1.5.16 Liquidated Damages Liquidated damages for failing to deliver the project within the mutually-agreed schedule will be $100.00 per day. 1.5.17 Progress Payments At its sole discretion, RTA may determine to make progress payments for completed portions of work under this Contract and/or for materials delivered for work under this Contract. If progress payments are used, RTA will obtain title to the materials and/or work in progress for which progress payments are made. 1.5.18 Prohibitive Interests No member, officer or employee of RTA during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof. 1.5.19 Financial Statements


Last three (3) years audited financial statements. 1.5.20 Conflict of Interests Proposer promises that it presently has no interest, which would conflict in any manner or degree with the performance of its services hereunder. Proposer further promises that in the performance of this contract, no person having such interest shall be employed. A certificate must be completed and submitted with the bid (Refer to Certification 2.4 in Section 5). 1.5.21 Fly America The Proposer agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and sub-recipients of Federal funds and their Proposers are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Proposer 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 Proposer agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 1.5.22 Cargo Preference The Proposer agrees:

a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;

b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Proposer in the case of a sub-contractor’s bill-of-lading).

c. to include these requirements in all subcontracts issued pursuant to

this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.


1.5.23 Clean Water The Proposer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Proposer 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. The Proposer also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 1.5.24 Clean Air The Proposer 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 seq. The Proposer 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. The Proposer also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 1.5.25 Buy America The Proposer 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. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 1.5.26 Contract Work Hours and Safety Standards Act As prohibited by the safety requirements of Section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. Section 3704 and 29 CFR Part 1926, “Safety and Health Regulations for Construction,” the CONTRACTOR and subcontractors must ensure safety at construction sites so that no laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous.

1.5.27 Intelligent Transportation System (ITS): For all ITS property and services the Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the National ITS


Architecture and Standards to the extent required by 23 U.S.C. Section 517(d) and 23 CFR Part 655 and 940.

1.6 Other Required Clauses

1.6.1 Proposer’s Representation The Proposer is familiar with all requirements of the general conditions, specifications, and instructions. The Proposer is familiar with all matters affecting the performance of the work, including all general and special laws, ordinances and regulations that may affect the work, its performance or those persons employed therein. The Proposer is in the business, is fully qualified and skilled in the field of public transit, and is fully willing and able to satisfy the requirements of the contract at the bid rates and any ward of contract is in reliance on such representations. 1.6.2 Certification of Eligibility A certification is required that the Contractor and/or its sub-contractors are not on the Comptroller General’s list of ineligible Proposers (Refer to Certification 2.3 in Section 5). 1.6.3 Proposal Acceptance and Rejection RTA exclusively reserves the right to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s). Furthermore, RTA exclusively reserves the right to delay, extend, and/or modify the submission date of proposals. 1.6.4 Single Proposal In the event a single proposal is received, RTA may conduct a price and/or cost analysis of the proposal. A price analysis is the process of examining the proposal and evaluating the separate cost elements. It should be recognized that a price analysis, through comparison to other similar procurement, must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity and involving similar specifications. Where a difference exists, a detailed analysis must be made of this difference and costs attached thereto. 1.6.5 Governing Law The Agreement which may ensue under this solicitation shall be governed exclusively by the federal laws of the United States of America, the laws of the State of California, the County of San Luis Obispo, and all policies/procedures of the San Luis Obispo Regional Transit Authority. The rights, obligations, and remedies of the parties shall be governed by the laws of the State of California. Whenever there is no applicable state statute or decisional precedent governing the interpretation of, or disputes arising under or related to, this contract, then Federal common law, including the law developed by Federal boards of contract appeals, the United States Claims court (formerly the Court of Claims), and the Comptroller General of the United States, shall govern. Venue of any action shall lie exclusively in the County of San Luis


Obispo, California. This is the complete agreement between the parties. If any provision of the contract is fund to be invalid or unenforceable, the remaining provisions shall not be impaired. 1.6.6 Term of Contract The term of this agreement shall commence on the date of the Notice to Proceed. 1.6.7 Insurance

1.6.7.1 Workers’ Compensation and Other Employee Benefits RTA and Contractor agree that Contractor is an independent Proposer and agree that Contractor’s employees and agents have no right to workers’ compensation and other employee benefits from RTA. Contractor agrees to hold harmless and indemnify RTA for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor’s employees or agents. 1.6.7.2 Indemnification Contractor shall defend, indemnify, and hold harmless RTA and its officers, officials, employees and agents from and against all claims, damages, losses and expenses including reasonable attorney fees to the extent arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of Contractor, any sub- Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of RTA. 1.6.7.3 Insurance Requirements Contractor shall procure and maintain for the duration of the contact insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, or employees.

a. Minimum Scope of Insurance – Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability

coverage (occurrence form CG 0001 or equivalent).

2. Insurance Services Office Business Auto Coverage Form Number CA 0001, Code 1 (any auto) or equivalent.

3. Workers’ Compensation insurance as required by the

State of California and Employer’s Liability Insurance.

4. Professional liability insurance appropriate to the Contractor’s profession. Architects’ and engineers’


coverage is to be endorsed to include contractual liability.

b. Minimum Limits of Insurance – Contractor shall maintain limits

no less than:

1. General Liability - $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Employee’s Liability - $1,000,000 per accident for

bodily injury or disease.

4. Professional Liability - $1,000,000 per occurrence.

c. Deductibles and Self-insured Retentions – Any deductibles or self-insured retentions must be declared to and approved by RTA. At the option of RTA, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects RTA, its trustees, officers, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to RTA guaranteeing payment of losses and related investigations, claim administration and defense expenses.

d. Other Insurance Provisions – The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. RTA, its trustees, officers, employees and volunteers

are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects RTA, its trustees, officers, employees and volunteers. Any insurance or self-insurance maintained by RTA, its trustees, officers, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.


3. Each insurance policy required by this clause shall be

endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to RTA.

e. Acceptability of Insurers – Insurance is to be placed with

insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to RTA.

f. Verification of Coverage – Contractor shall furnish RTA with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by RTA or on other than RTA’s forms provided those endorsements conform to RTA requirements. All certificates and endorsements are to be received and approved by RTA before work commences. RTA reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

1.7 Selection Criteria The evaluation of proposals will be based on criteria established by RTA. Such criteria shall include, although not necessarily be limited to, the following:

a. Demonstrate the ability of firm/team to complete the project.

b. Completeness of the proposal submitted and compliance with terms and conditions of the RFP. Incomplete or vague proposals will be rejected.

c. Demonstrate financial stability, competence, and capability. d. Cost of providing the contractual services. e. Provide references and prior experience of similar work. f. Qualifications of staff proposed. Include experience and record of

accomplishments of key management personnel. g. Ability to perform within desired schedules. h. Knowledge of all applicable laws, statutes, ordinances, rules, regulations

or requirements of United States Government, State of California, and local governments or any agency thereof, which relate to or in any manner affect the project, and the performance of the agreement or contract between RTA and the firm/team.


RTA reserves the right to award the contract to other than the lowest cost proposal allowing for a more responsive proposal that addresses all of the above criteria and best satisfies RTA’s needs. If a Selection Committee is used, the Selection Committee or RTA may consider criteria other than the above, as necessary, in the selection process. Prospective Proposers may be required and shall be prepared to attend an interview with the Selection Committee. The key management personnel must be available to answer questions at the interview. RTA may choose, at its sole option, not to interview all proposing Proposers. RTA may reject any or all proposals submitted. RTA reserves the right to further the scope of work. 1.8 Selection Process In order to ensure that each proposer has the opportunity to obtain the same information, RTA will hold a non-mandatory, pre-proposal meeting on FRIDAY, FEBRUARY 5, 2016, at 2:00 p.m. (PST) for the purpose of responding to reasonable questions pertaining to the project and proposal content. All interested proposers are invited to attend. Proposers can participate by calling in to the RTA. Contact Michael Seden-Hansen via e-mail at [email protected] if interested in attending the pre-proposal meeting via call-in. RTA will not be responsible for making available audio recordings of the proceedings of the pre-proposal meeting after the fact. Proposer shall not contact, lobby, or communicate with any member of RTA Board of Directors, RTA Executive Director, RTA staff employees, agents of RTA, or other public and private entity regarding the RFP or the selection process. Any communication between RTA and any Proposer shall be in writing. Any questions, request for interpretations, or comments regarding the RFP must be submitted in writing via email to Michael Seden-Hansen, Special Projects Coordinator, at [email protected] no later than 4:00 p.m., PST, FRIDAY, FEBRUARY 16, 2016. A summary response to all questions and comments will be distributed to the Proposers. Any prospective Proposer wishing to protest any aspect of this request for proposal or selection process must do so by submitting a protest in writing in accordance to Section 1.5.13. Sealed Proposals must be submitted by 4:00 p.m. (PST) MONDAY, FEBRUARY 29, 2016, to:

Michael Seden-Hansen San Luis Obispo Regional Transit Authority 179 Cross Street, Suite A San Luis Obispo, CA 93401

RTA will evaluate the proposals, conduct interviews, and provide a recommendation for contracting with the highest rated proposer to the RTA Board of Directors. Proposals will remain sealed and unopened until after 4:00 p.m. Proposals shall not be publicly opened.

mailto:[email protected]


SECTION 2

DRAFT AGREEMENT

Attention Proposers

Section 2 of this procurement document contains a sample agreement that pertains to the scope-of-work of the RFP. The actual agreement should resemble this sample agreement and reflect actual terms after the execution of the agreement.


DRAFT AGREEMENT

PROFESSIONAL SERVICES FOR THE PURCHASE AND INSTALLATION OF

TRANSIT TICKET VENDING MACHINES

THIS AGREEMENT is by and between the SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY, California, hereinafter referred to as “RTA” and “______________”, hereinafter referred to as “Contractor”.

WITNESSETH WHEREAS, Contractor has the management and technical personnel, expertise and other assets useful for the support of RTA’s transportation project; and WHEREAS, Contractor is desirous of providing such services; NOW, THEREFORE, in consideration of the foregoing recital and covenants and agreements of each of the parties herein set forth, the parties hereto do agree as follows:

1. Purpose.

RTA hereby contracts with Contractor to provide transportation management, maintenance, and operations services upon the terms and conditions hereinafter set forth.

2. Scope-of-Work.

Contractor shall provide the services set forth in Section 3, supplemented by Section 4 except when inconsistent with Section 3. Subject to the terms and conditions set forth in this agreement, Contractor will provide the services to be rendered as set forth in the Scope of Work in Section 3 and subsequent addendums per Form 1.2 attached hereto and by reference incorporated herein and made a part hereof.

3. Term of Contract.

Contractor’s services hereunder shall commence upon receipt of a “Notice to Proceed” issued by RTA’s Executive Director, and shall be completed by _______________.

4. Compensation and Method of Payment.

Compensation shall be fixed fee. RTA agrees to pay Contractor in consideration for its services as described herein. The Contractor shall be compensated in accordance to its written proposal in Section 4 of this Agreement. (Compensation shall include cost of labor and all applicable surcharges such as taxes including sales taxes, insurance and fringe benefits, as well as indirect costs, overhead and allowable profit fee, materials and supplies. These costs shall be billed based on the Unit Price Form prepared


and submitted by the Contractor, and make part of this Agreement in Section 4 of this Agreement. Contractor’s services shall be billed on a monthly basis and payment will be made by RTA within thirty (30) days of receipt of an acceptable invoice with satisfactory backup documentation and status report. At its sole discretion, RTA may determine that it is appropriate to make progress payments for completed portions of work based on successful accomplishment of major milestones under this Contract and/or for materials delivered for work under this Contract and which materials are considered subject to the control of RTA. If progress payments are used, RTA will obtain title to the materials and/or work in progress for which progress payments are made. The work and services performed to the date of the invoice shall be made in writing and delivered or mailed to RTA as follows:

Executive Director San Luis Obispo Regional Transit Authority 179 Cross Street, Suite A San Luis Obispo, CA 93401

Contractor represents that Contractor’s taxpayer identification number (TIN) is _________________ as evidence by a completed Federal Form W-9 on file with the RTA CFO/Director of Administration on the date of execution of this Agreement. Contractor agrees to file such tax forms as may be reasonably requested by RTA to implement Internal Revenue Code Section 3406 and to accept as part of any compensation due, any payments made by RTA to the Internal Revenue Service pursuant to that Section.

5. Control.

In performing the services under this Agreement, the Contractor shall act as an Independent Contractor and shall have full control of the work and the manner in which it is performed. Contractor in no circumstances shall be considered as an agent or employee of RTA, and Contractor’s employees are not entitled to participate or be part of any pension plan, insurance, bonus, or any similar benefits, which RTA provides its employees. A certificate must be completed and submitted with the proposal (Refer to Certification 2.5).

6. Integration/Modifications of Agreement.

This writing constitutes the entire Agreement between the parties relative to the matter of this Agreement and no modification hereof shall be effective unless and until such modification is evidenced in writing signed by both parties to this Agreement. There are no understandings, agreements or condition with respect to the subject matter of the Agreement except those contained in this writing.

7. Contract Assignments.

This contract shall not be sold, assigned, transferred, conveyed or encumbered by Contractor. If Contractor wishes to sell or otherwise transfer its interest in this contract, it shall give 90 days prior written notification to RTA. Upon receiving


such notification from Contractor, RTA may, at its sole discretion, decide to exercise its right to terminate this contract. Subject to the provision regarding assignment, this contract shall be binding upon the heirs, executor, administrators, successors and assigns of the respective parties.

8. Communications.

All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, and postage prepaid to the persons named below:

If to Contractor: ___________________________________ ___________________________________ ___________________________________ ___________________________________

With Copy to: ___________________________________

___________________________________ ___________________________________ ___________________________________

If to RTA: Executive Director San Luis Obispo Regional Transit Authority 179 Cross Street, Suite A San Luis Obispo, CA 93401

9. Ownership of Documents.

All plans, specifications, reports, electronic media, records, and other design documents prepared by Contractor pursuant to this agreement shall be the property of RTA; RTA is entitled to full and unrestricted use of such plans, specifications, reports and other design documents prepared by Contractor pursuant to this agreement; such plans, specifications, reports, and other design documents prepared by Contractor pursuant to this agreement shall be used exclusively on this project and shall not be used on any other work unless deemed necessary by RTA and such use is undertaken at RTA’s sole risk. Any report, public releases, papers and other formal publications shall be subject to the approval of RTA, and if appropriate, the Federal Government, before they are released.

10. Worker’s Compensation. Contractor certifies that it is aware of the provisions of the Labor Code of the State of California, which require compensation or to understand self-insurance


in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this Agreement.

11. Contractor’s Employee Responsibilities.

Employees shall at all times remain the sole employees of Contractor, and Contractor shall be solely responsible for payment of all employees’ wages and benefits. Contractor, without any cost or expense to RTA, shall faithfully comply with the requirements of all applicable State and Federal enactments with respect to employer’s liability, workers’ compensation, unemployment insurance and other forms of Social Security, and also with respect to withholdings of income tax at its source from wages of said employees and shall indemnify and hold harmless RTA from and against any and all liability, damages, claims, costs and expenses of whatever nature arising from alleged violation of such enactments or from any claims of subrogation provided for in such enactment or otherwise. The Proposer shall comply with the requirements of Federal Transit Administration (FTA) Grant Agreement, Part II, Section 119(b).

12. Insurance.

The Proposer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Proposer, its agents, representatives, employees or sub-contractors.

A. Workers’ Compensation and Other Employee Benefits

RTA and Contractor agree that Contractor is an independent Contractor and agree that Contractor’s employees and agents have no right to workers’ compensation and other employee benefits from RTA. Contractor agrees to hold harmless and indemnify RTA for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor’s employees or agents.

B. Indemnification

To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by RTA) and hold harmless RTA, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or sub-contractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.


C. Insurance Requirements Contractor shall procure and maintain for the duration of the contact insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, or employees. a. Minimum Scope of Insurance – Coverage shall be at least as broad

as: 1. Insurance Services Office Commercial General Liability

coverage (occurrence form CG 0001 or equivalent).

2. Insurance Services Office Business Auto Coverage Form Number CA 0001, Code 1 (any auto) or equivalent.

3. Workers’ Compensation insurance as required by the State of

California and Employer’s Liability Insurance.

4. Professional liability insurance appropriate to the Contractor’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

b. Minimum Limits of Insurance – Contractor shall maintain limits no

less than:

1. General Liability - $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Employee’s Liability - $1,000,000 per accident for bodily injury

or disease.

4. Professional Liability - $1,000,000 per occurrence.

c. Deductibles and Self-insured Retentions – Any deductibles or self-

insured retentions must be declared to and approved by RTA. At the option of RTA, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects RTA, its trustees, officers, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to RTA guaranteeing payment of losses and related investigations, claim administration and defense expenses.


d. Other Insurance Provisions – The commercial general liability and

automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. RTA, its trustees, officers, employees and volunteers are to be

covered as insured as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.

2. For any claims related to this project, the Contractor’s

insurance coverage shall be primary insurance as respects RTA, its trustees, officers, employees and volunteers. Any insurance or self-insurance maintained by RTA, its trustees, officers, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be

endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to RTA.

e. Acceptability of Insurers – Insurance is to be placed with insurers with

a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to RTA.

f. Verification of Coverage – Contractor shall furnish RTA with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by RTA or on other than RTA’s forms provided those endorsements conform to RTA requirements. All certificates and endorsements are to be received and approved by RTA before work commences. RTA reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

13. Prime Contractor Responsibilities. Proposer is required to assume responsibility for all services for which a cost proposal is offered whether or not Contractor possesses skills to perform within its organization. RTA will consider Contractor to be sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. No subcontract will be entered into by Contractor to perform work relating to this Agreement without the prior written authorization of RTA.

14. Headings.

The headings or titles to sections of this Agreement are not part of the Agreement and shall have no effect upon the construction or interpretation of any party of this Agreement.


15. Retention of Records.

Proposer and RTA agree to retain all documents relevant to this Agreement for THIRTY-FIVE (35) years from the termination of the contract or until all Federal/State audit are complete for the fiscal year, whichever is later. Upon request, Contractor shall make available these records to RTA, State, or Federal government’s personnel.

16. Indemnification.

Contractor shall defend, indemnify, and hold harmless RTA and its officers, officials, employees and agents from and against all claims, damages, losses and expenses including reasonable attorney fees to the extent arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of RTA.

17. Additional Services.

Additional services as authorized in writing by RTA or its designee will be paid for on an individual basis at a negotiated rate and will be billed separately from this Agreement and shall be in excess of the maximum cost as listed in the paragraph “Compensation and Method of Payment” above.

18. Changes in Scope-of-Work.

RTA, without invalidating the contract, may order additions to or deletion for the work to be performed. If justified, the contract charges will be adjusted accordingly.

19. Conflicting Use.

Contractor shall not use any vehicle, equipment, personnel or other facilities, which are dedicated to RTA for performing services under this Agreement for any use whatsoever other than provided for in this Agreement.

20. Liaison.

Contractor shall perform close liaison activities, coordination and cooperation with RTA on matters related to the performing the scope of work.

21. Liquidated Damages.

Liquidated damages will be $100.00 per day.

22. Waivers. Neither RTA’s review, approval nor acceptance of payment for the services required under this Agreement shall be construed to operate as a waiver of any rights under Agreement or of any cause of action arising out of the performance of the Agreement. The waiver by RTA of any breach of any term, covenant, condition or agreement herein contained shall not be deemed to be a waiver of any subsequent breach of the same or of a breach of any other term, condition or agreement herein contained.


23. Severability. If any provision of this Agreement or the application thereof to any person or circumstances is rendered or declared illegal for any reason or shall be invalid or unenforceable, the remainder of the Agreement and application of such provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted by applicable law. The parties agree to negotiate in good faith for a proper amendment to this Agreement in the event any provision hereof is declared illegal, invalid, or unenforceable.

24. 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.

25. Restrictions on Lobbying

Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with 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. A certificate must be completed and submitted with the bid (Refer to Certification 2.1 in Section 5).

26. Access to and Inspection to Records

The RTA is a Joint Powers Authority and is the FTA Recipient in accordance with 49 C.F.R. 18.36(i). The Contractor agrees to provide RTA, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO access to Contractor’s records and construction sites pertaining to this project or contract, 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. 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. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than THIRTY-FIVE (35) 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 Proposer agrees to maintain same until RTA, the FTA Administrator, the Comptroller General, State of California, 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).

27. 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 RTA 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.

28. Recycled Products

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.

29. No Obligation by the Federal Government.

RTA 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 RTA, Proposer, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

30. Program Fraud and False or Fraudulent Statements and Related Acts

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. Department of Transportation (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.


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. 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.

31. Termination The contract may be terminated for reasons of RTA’s convenience or Contractor’s breach or insolvency. Notice of termination shall be accomplished by registered, certified or express mail.

Termination for Convenience. RTA 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. RTA shall be liable only for payment under the payment provisions of the contract for services rendered before the effective date of termination.

Termination for Default, Breach, or Cause. If 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, RTA 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 services performed in accordance with the manner of performance set forth in the contract. If it is later determined by RTA 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, RTA, 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.

Opportunity to Cure. RTA 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 RTA’s satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten days after receipt by Contractor or written notice from RTA setting forth the nature of said breach or default, RTA 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 RTA from also pursuing all available remedies against Contractor and its sureties for said breach or default.


Waiver of Remedies for any Breach. In the event that RTA elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by RTA shall not limit RTA’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

32. Non-Collusion

By submitting a proposal, the prospective Contractor represents and warrants that such a proposal is genuine and not a sham, collusive, or made in the interest or in behalf of any person or party not therein named and that the prospective Contractor has not directly or indirectly induced or solicited any other Contractor to put in a sham bid, or any other person, firm or corporation to refrain from presenting a proposal and that the prospective Contractor has not in any manner sought by collusion to secure an advantage. If it is found that collusion exists, proposals will be rejected and contract awards shall be null and void. A certificate must be completed and submitted with the proposal (Refer to Certification 2.1 in Section 5).

33. Government-Wide Debarment and Suspension

The Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its proposal, Contractor certifies as follows:

The certification in this clause is a material representation of fact relied upon by the San Luis Obispo Regional Transit Authority. If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition to remedies available to San Luis Obispo Regional Transit Authority, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor 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 Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

34. Compliance to the Privacy Act

The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:

a. The Contractor agrees to comply with, and assures the compliance

of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 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.

b. 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.

35. Civil Rights Requirements

The following requirements apply to the underlying contract:

a. 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.

b. Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying contract:

1. 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 implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race,


color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

2. Age – In accordance with section 4 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.

3. 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.

c. The Contractor also agrees to include these requirements in each

subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

36. Dispute

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 RTA’s Executive Director. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Executive Director. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Executive Director shall be binding upon the Contractor and the Contractor shall abide by the decision.

Unless otherwise directed by RTA, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

37. Disadvantage Business Enterprise (DBE) Advisory This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in


Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The overall triennial goal established for this funding cycle for DBE participation is 1.4%. A separate contract goal has not been established for this procurement. 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 RTA deems appropriate. Each subcontract the Contractor signs with a sub Contractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

38. Federal Transit Administration 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 RTA’s requests which would cause RTA to be in violation of the FTA terms and conditions.

39. Contractor’s Representation The Contractor is familiar with all requirements of the RFP. The Contractor is familiar with all matters affecting the performance of the work, including all general and special laws, ordinances and regulations that may affect the work, its performance or those persons employed therein. The Contractor is in the business and is fully qualified and skilled in the field of public transit and is fully willing and able to satisfy the requirements of the contract at the bid rates and any ward of contract is in reliance on such representations.

40. Certification of Eligibility A certification is required that the Contractor and/or its sub-contractors are not on the Comptroller General’s list of ineligible Contractors (Refer to Certification 2.2 in Section 5).

41. Governing Law The Agreement which may ensue under this solicitation shall be governed exclusively by the federal laws of the United States of America, the laws of the State of California and the County of San Luis Obispo, and municipal code of the San Luis Obispo Regional Transit Authority. The rights, obligations, and remedies of the parties shall be governed by the laws of the State of California. Whenever there is no applicable state statute or decisional precedent governing the interpretation of, or disputes arising under or related to, this contract, then Federal common law, including the law developed by Federal boards of contract appeals, the United States Claims


court (formerly the Court of Claims), and the Comptroller General of the United States, shall govern. Venue of any action shall lie exclusively in the County of San Luis Obispo, California. This is the complete agreement between the parties. If any provision of the contract is fund to be invalid or unenforceable, the remaining provisions shall not be impaired.

42. Interest of Members of, or Delegates to Congress No member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this agreement or any benefit arising there from.

43. Prohibitive Interests No member, officer or employee of RTA during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.

44. Conflict of Interests.

Contractor promises that it presently has no interest, which would conflict in any manner or degree with the performance of its services hereunder. Contractor further promises that in the performance of this contract, no person having such interest shall be employed. A certificate must be completed and submitted with the bid (Refer to Certification 2.4 in Section 5).

45. Fly America

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.

46. Cargo Preference

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 sub Contractor’s bill-of-lading.)

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

47. Clean Water

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to 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. 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

48. Clean Air

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 seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 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.

49. Buy America

The Proposer 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. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.


50. Contract Work Hours and Safety Standards Act As prohibited by the safety requirements of Section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. Section 3704 and 29 CFR Part 1926, “Safety and Health Regulations for Construction,” the CONTRACTOR and subcontractors must ensure safety at construction sites so that no laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous.

51. Intelligent Transportation System (ITS):

For all ITS property and services the contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the National ITS Architecture and Standards to the extent required by 23 U.S.C. Section 517(d) and 23 CFR Part 655 and 940.

WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers this _____ day of _______________________, 2016.

__________________________________

Approved as to Form: “RTA” Geoff Straw, Executive Director ________________________________ RTA Counsel __________________________________ Contractor Name, Title Company Name


SECTION 3

SCOPE OF WORK


3.0 Introduction and Purpose RTA is seeking proposals from qualified firms with strong experience in all aspects of fixed route and demand response electronic revenue collection and management systems for public transit operations, and fare revenue collection best practices, fare revenue security, etc. Proposer shall provide a complete Transit Ticket Vending Machines (TVM) compatible with RTA’s current electronic farebox collection system, including installation, delivery, documentation, training (i.e. servicing and preventive maintenance). The TVM shall communicate with RTA’s data management system for its electronic farebox collection system. The TVM shall be a user-friendly and easy to use self-service ticketing machine for bus riders to purchase bus passes, smart cards, and reload smart cards twenty four (24) hours per day, seven (7) days per week. The TVM shall provide help and directions in English and Spanish. The TVM shall also provide a receipt as an option to the customer. 3.1. Objectives and Goals RTA wishes to procure and install a TVM that allows bus customers to purchase bus passes, smart cards, and reload smart cards twenty four (24) hours per day, seven (7) days per week. RTA’s expectation of the TVM system includes, but is not limited to, the following functions:

a. On-line transaction must adhere to the PCI DSS requirements for security management.

b. Accepts and validates coins and bills. c. Purchase or reload smart cards. d. Issues short term and long term use fare media compatible with GFI

Odyssey fareboxes. e. Supports full range of ticket types based on numerous agency fare

structures. f. Provides receipts for bank card transactions. g. Accepts and validates United States currency. h. Records individual sales, events, cumulative totals, and comprehensive

reporting. i. Uploads transactions and events to a central data management system.


j. User friendly for easy self-service operation. k. Heavy-duty construction for indoor and outdoor installation for all climates. l. Support English and Spanish operation. m. Upgrade fare media to smart cards. n. Customer online functionality.

3.2. Quantity and Location RTA desires to purchase one TVM to be installed by the successful Proposer at the SLO Government Center passenger facility located on Osos Street between Monterey and Palms Streets in San Luis Obispo. In addition, RTA is requesting optional pricing to purchase and install to six more that would be installed at the following sites:

a. Morro Bay passenger transfer facility. b. Paso Robles Transit Station passenger transfer facility. c. Pismo Premium Outlets passenger transfer facility. d. Ramona Gardens Park passenger facility in Grover Beach. e. Atascadero Transit Center. f. SLO Transit passenger facility2.

It should be noted that the Proposer should include in its pricing for the optional SLO Transit passenger facility any additional costs that might be incurred to integrate that singular TVM into SLO Transit’s separate data management system. Please refer to Attachment 1 for location and dimensions. 3.3 Requirements & Deliverables The Proposer shall furnish and install all software/hardware necessary to create fully functioning TVMs. For purposes of this RFP “internal data communications software/hardware” shall be included in Proposers proposal. RTA defines “internal data communications software/hardware” as servers and operating systems that would be housed within RTA facility in San Luis Obispo. Proposer shall coordinate with RTA’s IT Department in all aspects of design and installing software and hardware for this project. 3.4 Operational Cost Analysis Proposers shall submit analysis detailing the costs associated with operating and maintaining the proposed system. Analysis shall include the following: annual cost of maintaining software (including updates and upgrades), annual cost of maintaining hardware include hardware upgrades, initial training costs, annual training costs, annual costs of option maintenance agreements, etc. Analysis shall include labor hours, hourly costs, travel expenses, full time equivalent personnel, etc. The analysis shall include staffing and expertise requirements of maintaining the system and the associated costs.

2 SLO Transit’s passenger facility is located on Osos Street between Palm and Mill Streets in San Luis

Obispo, adjacent to the San Luis Obispo City Hall.


Proposers shall also provide a matrix consisting of analysis comparing RTA with other organizations/agencies/ municipalities of comparable size and structure. Proposers shall provide three (3) hard copies of hard documentation of system and CD of documents of system in PDF format. The documentation shall also suggest the level of expertise required for maintaining the system.

3.5 Data System Requirements Detail of each transaction must provide a clear audit trail for verification and be readily available via a system generated ad hoc report writer. The system shall provide the ability to build a file consisting of any data fields contained in the system and upload that file for export to other systems such as Microsoft Excel, ASCII, or a standard database format. The system will contain or link to a user friendly ad hoc report writer with the capability of down loading data in ASCII and standard Open Database Connectivity (ODBC) database formats, including but not limited to Microsoft Access or Crystal Reports. The system will also provide the ability to export files to common text formats compatible to export to Microsoft Excel.

System must provide graphical user interface (GUI) conforming to industry standards such as Microsoft Application Guidelines. System must provide on-line help. System must utilize an industry standard relational database such as SQL Server. System must be transaction based. RTA is migrating from Windows XP/2003 (32-bit) platform to Windows 7 (64-bit) platform. System must be able to operate on both 32-bit and 64-bit applications that run on a Windows 2012 R2 platform and Windows 7, provide multi-user functionality and feature client-server or a web-based architecture. The system must be able to operate in a VMWare virtualized environment. The system must use commercially available geographic information datasets for its integrated GIS system and it is requested that it interface with ESRI. The system must also support interfaces to other data sources and applications, including legacy systems and future applications. It must also enable site-specific configuration through user definable codes and parameters. The software should provide system security as to prohibit access to data by unauthorized users; restrict viewing of data for separate users and/or location(s) without appropriate access; define access levels and assign access levels to users; establish operator identity for each transaction; and maintain detailed system audit trails by user ID. 3.6 Functionality RTA is seeking a user-friendly, self-service TVM system. Refer to Functional Matrix/ Tech Specs in Attachment 2. 3.6.1 Cash Transaction Receipts Bus customers will have the option of no receipt, email receipt, and printed receipt. For email receipts, the TVM will require the username of the email address from the bus customer. The TVM will provide canned domains (i.e., [email protected]) from major providers and one “other” option for the bus customer to enter their full email address. The bus customer will be able to select the correct domain to complete the email address, confirm and submit address to receive an electronic receipt.

mailto:[email protected]


3.6.2 Supports Magnetic and Smart Cards TVM shall support DESfirs EV1, MIFARE Classic, thin Utralight, and Ultralight C cards. 3.6.3 Currency Validation. TVM shall Accept and validate U.S. coins and bills. 3.6.4 Multi-Agency Support TVM shall support full range of ticket types and fare structures from multi-agency participation. Other nearby transit agencies include South County Transit, SLO Transit and the Santa Maria Area Transit system. 3.6.5 Issuing Units Based on the ridership characteristics for each fixed-route system provided in Section 1, Proposer should explain in its proposal the optimum number of issuing units that should be implemented at RTA’s base-bid location (Osos Street between Monterey and Palms Streets), as well as at the six optional locations. 3.6.6 Short-Term Fare Media TVM shall issue short-term fare media (10 mil) compatible to GFI Odyssey fareboxes. 3.6.7 Printing and Encoding TVM shall print and encode tickets on issuances for flexibility and security. 3.6.8 Ticket Value Read value on tickets on card; prints remaining and cumulative value on tickets. 3.6.9 High Capacity Locations The TVM shall support high-capacity ticket stock cassettes for high-volume locations. 3.6.10 Data Management TVM shall be compatible with the GFI Data Management System used by RTA. TVM shall consolidate and upload transactions, records of individual sales, cumulative totals, and events in a central database compatible to the GFI Data Management System or directly into the GFI Data Management System. 3.6.11 Reporting TVM shall record individual sales, events and cumulative totals. TVM shall consolidate transactions and events, and upload data to RTA’s database located at 179 Cross Street in San Luis Obispo. As an alternative, Proposer may propose a hosted solution as an option is its proposal. Proposer shall describe standard reporting capabilities in its proposal. 3.6.12 Construction

3.6.12.1 Low Maintenance The TVM shall be constructed and installed to provide low life-cycle costs of maintaining the system.

3.6.12.2 Ventilation


The TVM shall include forced air ventilation for proper cooling.

3.6.13.3 Access Illumination The front panel interior shall be illuminated when the access door is open.

3.6.12.4 Environmental The TVW shall use heavy duty construction principles necessary for indoor and outdoor installation in all climates.

3.6.13 Evolving Technology The TVM shall have the ability to adapt to new and evolving technology. In addition, the TVM shall be designed and constructed to easily add and/or remove functions. 3.6.14 General Operation

3.6.14.1 Language TVM shall support onscreen instruction in English and Spanish. Instruction shall be in international icon instruction for 1-2-3 ease of use.

3.6.14.2 Magnetic Fare Validation TVM shall validate previous fare media and transfer value on to new pass and/or smart card.

3.6.14.3 Receipts and Audit Tickets TVM shall print and audit tickets.

3.6.14.4 Change and Refunds TVM shall dispense change in coins. All sales are final. TVM shall not issue refunds. If customer is registered online, then value of lost/stolen smart cards from the time reported on the online account can be transferred to a new smart card.

3.6.14.5 Security TVM shall provide real-time security and maintenance reporting.

3.6.14.56.1 GPS Security The TVM shall be equipped with a transponder that provides RTA with the location of the TVM. In the event of attempted theft and/or unauthorized removal of the TVM, the TVM will notify RTA of unauthorized removal and its location in real-time graphic and text mode.

3.6.14.5.2 Covert Alarm, Camera, and Microphone A soft button shall be included on the screen in the event the bus customer requires emergency services. Upon activation, surveillance camera and microphone are simultaneously activated to monitor an emergency. The camera and microphone shall be integrated into the existing security camera system.

Upon activation of the TVM by bus customer using a bank card or smart card, the surveillance camera and microphone shall simultaneously


activate. The camera and microphone shall be integrated into the existing security camera system. Video and audio data shall be stored in RTA’s existing security camera system.

3.6.15 SMART Cards

3.6.15.1 Purchase or recharge smart cards Smart card allows the purchase of bus passes from RTA and multiple agencies participating in RTA’s TVM. TVM will also allow the upgrade from magnetic fare media to smart card, in addition to transferring balance from magnetic fare media to smart cards. TVM will allow the purchase and/or reload of smart cards using major credit cards, contactless credit cards, and debit cards. Smart cards can store up to two hundred dollars ($300.00 USD) as stored value. Bus customer can use the stored value on smart card to purchase bus passes from participating transit agencies. Smart card shall be plastic of durable construction (30 mil) compatible with RTA’s GFI Odyssey farebox and Data Management System. The TVM will discount bus passes and cash fares purchased with smart cards. 3.6.15.2 Supports full range of ticket types from multi-agencies’ fare structures. Smart card shall have the ability to store fare structures from multiple transit agencies. Fare structures include cash fares, free rides, and bus passes. Bus passes include stored value, rolling period, trips, and other pass structures supported by GFI Odyssey fare boxes. Smart cards issued at the RTA office and at the TVM shall be validated and deduct the appropriate fare and/or accept the bus pass stored on the smart card by RTA’s electronic fareboxes. TVM shall validate smart cards issued by participating transit agencies and accept payment for RTA bus passes, cash fare, and other fare media. 3.6.15.3 Transactions TVM shall print receipts for transactions using major credit cards, contactless credit cards, and debit cards via cellular, Ethernet or fiber optic network. TVM shall record and generate standard and customized reporting capabilities. TVM shall upload and consolidate transactions and events to a central database compatible with RTA’s GFI Data Management system. The Proposer may bid a hosted solution as an option in its proposal.


3.6.15.3 Generates Security Notifications TVM records, prints, and sends notifications to central office of events, including, but not limited to: opening of front panel, theft of TVM, relocation or significant movement of TVM, changing of modules, stock cassettes, removal of audit tape, removal of currency, power loss, communication loss, etc. 3.6.15.4 Online monitoring Bus customers using smart cards have the ability to register and/or create an online account to store credit card and/or bank account information, to view order history, manage auto reload of smart cards, purchase bus passes, order bus passes online, view balances of bus passes and stored value, load smart cards online, and etc. Also, online account and TVM shall allow bus riders to report lost or stolen smart cards. Online account and TVM shall transfer unused balance from the time of reporting smart card as lost or stolen to new smart card. TVM shall be able to issue a new smart card with the transferred balance to the customer. TVM must provide administrative access data management system via networking or preferably through a web-based application. Must be able to accommodate five (5) concurrent users on the computer network. TVM and online account must adhere to the PCI DSS requirements for security management, policies, procedures, network architecture, software design and other critical protective measures. In operational terms, insure customers’ payment card data is being kept safe throughout every transaction, and that they’re protected against the pain and cost of data breaches. 3.6.15.5 Support Transit Benefit Fare programs The TVM shall accept transit benefit bank cards issued by the U.S. Government and other employers to purchase fare media and load smart cards.

3.6.16 Notification For registered smart card users, the bus customer will be able to manage notification online for transactions used at TVM. The bus customer will be able to enable or disable notifications on their online account. Notifications shall include the following: Email and/or text receipt of transaction at TVM:

a. Date and Time b. Location of TVM c. Type of Transaction d. Transaction Amount e. Transaction ID#


3.7 Fare Structure 3.7.1 Current Fare Structure The current fare structure for RTA’s transit system is illustrated below:

a. Regional 31-Day Pass (General Public) $64.00 b. Regional 31-Day Pass (Discounted) $32.00 c. Regional Day Pass $5.00 d. RTA 31-Day Pass (General Public) $44.00 e. RTA 31-Day Pass (Discounted) $22.00 f. SCT 31-Day Pass (General Public) $40.00 g. SCT 31-Day Pass (Discounted) $20.00 h. RTA/SCT 7-Day Pass $15.00 i. RTA/SCT Stored Value $15.00 increments j. SLO Transit 31-Day Pass (General Public) $37.00 k. SLO Transit 31-Day Pass (Student) $25.00 l. SLO Transit 31-Day Pass (Senior/Disabled) $12.50 m. SLO Transit 7-Day Pass $14.00 n. SLO Transit 5-Day Pass $10.00 o. SLO Transit 3-Day Pass $6.00 p. SLO Transit Day Pass $3.00

It should be noted that the Regional passes presented above are accepted on all fixed-route buses in the county (RTA, SCT, SLO Transit, Paso Express and Morro Bay Transit). 3.7.2 Modifying Fare Structure The TVM shall be designed to easily add, delete, change fares, parameters, and criteria from the central data management location. 3.8 Installation Proposer shall setup, install, and configure all equipment in accordance with the following requirements: the Proposer shall supply all labor, supervision, and materials required for the proper setup, installation, and configuration of all equipment related to this proposal.

Proposer shall setup, install, and configure the application software and configure the database software to be used by RTA on the appropriate server(s). Proposer shall coordinate with RTA to access its server(s) and such systems and production support as may be required by Proposer to properly setup, install, configure, and test the software. As an alternative, the Proposer may propose a hosted solution as an option in its proposal. Test equipment, data integrity, and fare structures shall be formulated by Proposer to assist RTA in the determination of the success of Proposer and RTA in the installation of the software. The installation criteria shall be based upon the ability of the software to perform all functions defined by this proposal and the user’s manual. Proposer shall bear responsibility for supplying test data. In addition, Proposer will be responsible for the migration of RTA’s existing data to Proposer’s system. Installation


shall be complete upon successful execution of the test data in performing all of the functions set forth in the proposal and user’s manual as well as ensuring that all integration requirements have been tested successfully. 3.9 Complete System It shall be the responsibility of the Proposer to propose a complete system and provide all equipment, hardware, software, and services necessary to ensure a fully functioning system and compatibility to RTA network infrastructure. Any additional costs above the scope of this contract shall be at the Proposer’s expense. 3.10 Condition of Proposed Equipment All equipment and/or software shall be new and latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable. 3.11 System Integration RTA requires the TVM to communicate with the current data management system located at its 179 Cross Street operations facility. The proposer shall accept full responsibility for integrating all components into a fully functional system. 3.12 Hardware The proposer shall specify the necessary hardware to effectively create an optimal computing environment and document additional hardware and software necessary for installation at our location. RTA will host the system at its administrative offices on 179 Cross Street in San Luis Obispo. Proposer shall include a complete list of technical specifications for additional computer hardware that will generate best performance in

the software’s runtime environment. Proposer shall indicate how the current hardware

is or is not adequate (as applicable) to support the proposed program. 3.13 Products Offered

3.13.1 Use of Existing Market Products RTA does not desire to purchase products that represent beta versions or products that have not been installed in other operational environments in other transit systems in the United States. 3.13.2 Current Version RTA requires the proposer to offer the latest, tested release version of each software product/module included in this proposal. Proposer shall include the estimated date of the next update to proposer’s offered software.

3.14 Documentation, Technical Assistance, and Maintenance

3.14.1 Documentation Documentation should be provided that completely describes both the logical and physical structure of the hardware, software, and communication to RTA’s network, financial institutions, and participating transit agencies. Documentation should thoroughly define and describe the individual elements The Proposer will provide RTA with five (5) complete hardcopy sets and one electronic set of all documentation to support and operate the system. Electronic


media must be compatible with Microsoft Office, which includes Word, Excel, and/or Adobe Acrobat PDF format. In addition to the documentation specifically identified below, the Proposer should provide RTA with all documentation originally supplied with standard commercial equipment and software purchased from others.

3.14.1.1 System Documents Proposer shall provide a system document index identifying all documents to be provided with the system. This requirement includes all documents supplied with OEM hardware/software and the Proposer’s own documents. The index should describe each document and the document’s purpose, to help the user locate the appropriate document in the set of all system documentation. 3.14.1.2 Hardware Documents

Documentation for all supplied hardware should be provided to RTA. Proposer shall develop and maintain two (2) hardware inventory lists:

a. an inventory of all hardware, including the manufacturer,

product, model number/version, serial number, name plate data, RTA identification tag number, quantity, purpose, and installed location.

b. an inventory of all hardware documents, including product,

version, document title, and RTA document number.

These lists should be maintained by the Proposer through final acceptance of the system and copies provided upon request of the RTA Executive Director. OEM-provided installation, reference, and/or maintenance manuals should be provided for all hardware. These should include descriptions, specifications, installation information, theory of operation, drawings, back panel and assembly wiring diagrams, and other electrical, electronic, and mechanical hardware data. Proposer should include an attachment to each document outlining those portions of the document, if any, that do not apply to RTA hardware.

Instructions should be provided for preventive maintenance procedures. The manuals should provide guidelines for isolating the causes of hardware malfunctions and for localizing faults.

3.14.1.3 Software Documents

Documentation for all supplied software should be provided to RTA. Proposer shall develop and maintain two software inventory lists:

a. an inventory of all software, including manufacturer, product, version, purpose, and installed location, and


b. an inventory of all software documents, including product,

version, document title, and RTA document number. These lists shall be maintained by the Proposer through final acceptance of the system and copies provided to the RTA Executive Director. Installation, user, and reference documentation for standard Proposer and third party software should be provided for RTA review and approval. Standard software is defined as that which fully satisfies the requirements of this RFP without the need for modification. Typical examples include operating systems, database management systems, and software diagnostic programs.

In addition, RTA requires maintenance documentation necessary to sustain the software in the future. Information included in documentation must include, but not be limited to:

a. Overview/description b. Installation guides c. Maintenance documentation d. Troubleshooting guides e. Diagnostic procedures f. Inspection procedures g. Detailed warranty/support coverage

3.14.1.4 User Documents

User documents are those that describe the system hardware and software from an end-user’s point of view. RTA will be provided with ten printed copies of user documentation, ideally both a User’s Guide (tutorial format) and a Reference Guide. User Manual documentation should be provided that contains detailed operating instructions to be used by bus customers using the TVM. Information in the documentation should be presented in meaningful terms to non-technical personnel. The documentation should include a description of the operation of the system as it relates to the user’s tasks. The User Manual should describe each function and how it is to be used. The documentation will not be written as a programmer’s document. Procedures should be explained step-by-step with an explanation of how each step is performed, which parameters can be adjusted, and the effects obtained by varying each parameter. All guidance and error messages should be described, along with the steps necessary to recover from errors. Each system function and all other functions designed for RTA use should be included in this documentation. The documentation should also include


a copy of each type of display used in the system along with a description of each data field. Proposer should supply RTA with one electronic copy of user handbooks per workstation and in tablet. 3.14.1.5 Document Review and Approval Rights Proposer should submit all documentation to RTA for review and approval during the implementation process. RTA will respond with written comments to the Proposer, allowing lead time for multi-department review. The Proposer must resubmit to RTA for approval documents requiring correction as soon as possible. RTA will review the resubmitted documents. No implementation schedule relief is to be implied for documents requiring further correction and resubmission to RTA. To help RTA manage the review and turnaround of documents during any given period, Proposer should stagger the release of documents over the time allocated in the project schedule for document review. The number and size of documents should be factored into the release schedule. Any purchasing, manufacturing, or programming implementation initiated prior to written RTA approval of the relevant documents or drawings shall be performed at the Proposer’s risk. Review and approval by RTA should not relieve the Proposer of its overall responsibilities to satisfy system functions and features in accordance with the specification. 3.14.1.6 Custom Document Review

Proposer’s own and some third party hardware and software may need to be customized to fully conform to the requirements of this specification. RTA should have, in addition to the limited approval rights described above, full approval over the portions of the relevant document’s content and format pertaining to the modified or custom hardware/software. The following conditions must be satisfied for this approval:

a. Changes and modifications must be documented in a

complete and clear manner in accordance with the Proposer’s established documentation standards; and

b. Features, equipment, and options pertaining to RTA must be

clearly distinguished from those that do not pertain; and c. RTA should retain full approval rights over the work plan,

test documentation, and other documents produced under this effort.


To the extent that the user interface will be customized or tailored, RTA should have full approval rights over the format and content of the user interface.

3.14.3 System Help User “Help” manual(s) shall be provided in print, on-line and within the installed system. 3.14.4 Corrective Maintenance Proposer shall provide a 24-hour response for system failures. Proposer may trouble-shoot, provide corrective maintenance, and/or configuration adjustment via remote access. Remote shall require permission from RTA prior to access. 3.14.5 Security and Administration Proposer shall describe administrative functions of the proposed system. Users should be able to easily administer and configure user and system security as well as all system parameters and variables. Proposer shall also describe the system’s security features to prevent unauthorized or accidental disclosure, alteration, or destruction of data, including the following features:

a. Authenticate on-site and remote users and prevent unauthorized users from tampering with data.

b. Manage user group privileges and other access control features. c. Monitor user access of data and maintain an audit trail.

Proposer shall provide modules or components to manage the configuration and administration of the system. The system will provide a driver management module to easily create, edit, and maintain driver data. Proposer shall also provide a vehicle management module to create, edit, and maintain vehicle related information. System shall be packaged with online help, training tools, and tutorials. 3.14.6 Drawings, Operational Instructions & Manuals Proposer shall provide all system documentation covering equipment installation, normal operations, and technical manuals for the system. System start-up (cold start), system restart (warm start) and system shutdown shall, at a minimum, be covered. System documentation shall be provided at time of completion of installation, before the acceptance test, and updated documentation will be required at any time the proposer provides software upgrades. Equipment and software installation and configuration drawings shall be prepared and provided on CD-ROM as well as in printed form. 3.14.7 Training Sufficient training shall be required to ensure that RTA staff members and purchased transportation Contractor can operate, service, and maintain the TVM. Proposer shall provide a training package for RTA delivered by professional


trainers. Training shall cover system use, service, maintenance, and system administration. The Proposer shall provide video of training for future training by RTA and/or purchased transportation Contractor. Proposer shall provide a comprehensive training program that prepares RTA personnel for effective operation and maintenance of the system, consisting of, at a minimum:

a. Training for administrators providing the details of the operations of

the system and the set-up of parameters.

b. Cross training.

c. System maintenance.

d. Running system reports.

e. Installation and maintenance training for maintenance personnel.

3.14.7.1 Training Plan and Schedule Proposer should provide a detailed schedule of training during the implementation phase. Proposer should be specific about the training that will be provided for each of the categories above including the number of days or hours, the materials to be covered, the level of competency that will be attained, and the point at which the training will occur during implementation. Proposer should identify any restrictions to the hours-of-the day and days-of-the week during which training can be conducted and the cost associated with training conducted outside of these hours. Proposer must provide details about the staff person(s) who will conduct the training, including years of experience, area of transit expertise, and a complete list of locations where the staff person has conducted training. Upon completion of the training, RTA staff must have the skills and technical expertise to make full use of the system. Training should be hands-on and tailored to enhance the technical expertise and operating efficiency skills of RTA’s staff. Proposer should discuss, in detail, the plan to include RTA’s staff in the initialization or calibration of the system. Proposer should also discuss the minimum computer training that a staff member should have prior to system training. Training will be done on site at RTA. RTA will make available its conference room and computer equipment for the training. Proposer should describe any training that they would like to do off-site, including which RTA employees would need the training, where it would take place, the duration, and also explain why the training cannot be done at RTA.


RTA requires that all agency and management staff will have access to the system. Billing staff will be fully trained on-site on the new system prior to system cutover in order to minimize service disruptions. In addition, RTA’s information systems support personnel must be trained on all aspects of installation, update, administration, and maintenance of the system. RTA’s Grants Manager, Executive Director, CFO/Director of Administration, Operations Supervisors, and select Transit Technicians will deem training complete and sufficient only when all users are competent and comfortable using the system in a production environment. All training required for successful cutover to and operation of the new system must be provided as part of the package price. Proposer should also discuss and price any opportunities for post-installation training or skill development. 3.14.7.2 Training Documentation, Manuals, and Equipment Upon completion of the training, Proposer will provide RTA with five (5) hard copies and one electronic copy of all training materials. Proposer should prepare training manuals and submit them to RTA for review before the start of classroom instruction. The training manuals should be prepared specifically for use as training aids; reference, maintenance, and user’s manuals may be used as supplementary training material but not as the primary training manual. Principal documents used for training should be tailored to reflect all RTA hardware, software, and user requirements. Upon completion of each course, instructor’s manuals, training manuals, and training aids should be provided to RTA. RTA reserves the right to copy all training manuals and aids for use in RTA training courses. Proposer should furnish for use during training courses all special tools, equipment, training aids, and any other materials required to train course participants. The number of special tools and other training equipment should be adequate for the number of participants attending the course. Training and reference materials such as handbooks, operations procedures, etc. may need to be made available in accessible format, including Braille, large print, or audio tape. An electronic copy of all materials should also be provided.

3.14.8 Technical Support and Customer Service Proposer shall describe in detail all technical support and customer service options and packages, and provide pricing. Features to address include, but are not limited to, upgrades and updates to the software and the impact of changes on customizations, support hours in Pacific Time (standard or daylight), toll-free telephone number, on-line, webinar, on-line chat, remote access, on-call, or other support methods used, and user groups. After final acceptance of the system, Proposer shall provide continuing technical support. Please describe ongoing support options and pricing for a five (5) year period. Consultation with knowledgeable technical support personnel and


trained field service personnel should be readily available to assist RTA in maintaining the system(s) in a timely manner. The Proposer should define all terms and conditions of the agreement including but not limited to hours of service, return policies, and software upgrades.

3.16 Warranty 3.16.1 Warranty Pursuant to the warranty provisions contained in the technical specifications, the Proposer shall provide a warranty to RTA that, for a period of one (1) year after RTA’s full acceptance of items or services, each item shall conform with the requirements hereof and be free of defects. In addition to other remedies which may be available, RTA may at its option return any non-conforming or defective items to the Proposer and/or require correction or replacement of said item when the defect is discovered, all at the Contactor’s risk and expense. If RTA does not require such correction or replacement of non-conforming or defective items, the Proposer shall repay such portion of the payment specified herein or such additional amount as is equitable under the circumstances. The rights of RTA hereunder are in addition to, and not limited by, the Proposer’s standard warranties. Acceptance of items and services by RTA, or payment therefore, shall not relieve the Proposer of its obligations thereunder. 3.16.2 Scope of Warranty Repairs When warranty repairs are required, RTA and the Proposer’s representative shall agree within five (5) working days after notification on the most appropriate course for the repairs and the exact scope of the repairs to be performed under the warranty. If no agreement is obtained within the five (5) day period, RTA reserves the right to commence the repairs and RTA shall be reimbursed by the Proposer for the fully-allocated costs associated with the repairs, including labor and materials. 3.16.3 Extension of Warranty If, during the warranty period, repairs or modifications made necessary by defective design, materials or workmanship is not completed due to lack of material or inability to provide the proper repair for 30 (thirty) calendar days, the applicable warranty period shall be extended by the number of days equal to the delay period. 3.16.4 Care, Data Maintenance, Warranty Proposers should describe the care and maintenance of the proposed system including the general requirements for updating data. Discuss in detail the type of staff people necessary for this maintenance. RTA requires Proposer to provide a one-year warranty service following final system acceptance. After the one-year warranty expires, the maintenance agreement should begin.


RTA requires Proposer to include pricing for a year-to-year maintenance plan up to five years. It is RTA’s option to require additional purchases after Final Acceptance to be co-termed so there is one annual invoice and payment. RTA requires Proposer to provide RTA with hardware and software upgrades to ensure the most recent technology is being utilized as part of the maintenance plan. Proposer is required to provide RTA with timely responses and solutions to software problems. If the problem is severe such as a system failure, Proposer shall assure RTA that they will respond immediately so that operations are not disrupted. If the potential Proposer provides multiple maintenance packages, the Proposer shall share pricing for all packages; however, Proposer is required to recommend a maintenance plan. The Vendor shall describe to RTA the help desk methodology and turnaround response time. Include how your organization prioritizes issue resolution. Support is required to RTA twenty-four hours a day seven (7) days per week. Specify if issue resolution includes remote access and if so what software is utilized. The Proposer shall provide details of their support and maintenance plan.

3.17 Licensing and Ownership 3.17.1 Software Licenses All applications software purchased for use under this contract shall name the SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY as licensee. All software licenses should reside with RTA. All software licenses should identify RTA as the licensee, and should be delivered before final acceptance. All original copies of programs provided should also be delivered before final acceptance.

3.17.2 Data Ownership All data in the databases that is supplied by RTA or generated from RTA operations shall be solely owned by RTA. The Proposer shall have no ownership rights to this RTA-supplied or RTA operations-generated data. There shall be no restrictions on RTA’s rights or ability to access and use its data.

3.18 Proof of Performance All materials furnished and all work performed under this Specification should be inspected and tested. Should any inspections or tests indicate that specific software or documentation does not meet the Specification requirements; the appropriate items should be replaced, upgraded, or added by the Proposer as necessary to correct the noted deficiencies. After correction of a deficiency, all necessary re-tests should be performed by Proposer to verify the effectiveness of the corrective action.


3.18.1 Test Documentation Test Plans and Test Procedures covering both factory and field tests should be provided by Proposer to ensure that each factory and field test is sufficiently comprehensive to verify all the features and parameters of the functions to be tested. Together, Test Plans and Test Procedures should provide a two-step description of each factory and field test. A high-level functional summary of the methods used for verifying each feature of the requirements being tested should be provided in the Test Plan; the step-by-step activities associated with each test should be listed in the Test Procedures.

3.18.2 Factory Tests Factory tests should be conducted on all components of the system. The system components will not be released for shipment to RTA until all factory tests are completed satisfactorily or a waiver has been granted in writing by RTA. 3.18.3 Programming Hardware and Software Proposer should be responsible for procuring all specialized programming hardware and software needed for developing and testing the system. Proposer should describe what type of test environment will be provided to ensure that future upgrades can be tested by RTA’s Information Technology Division before going live with the system. 3.18.4 System Testing and Acceptance Proposer, with RTA input, should develop test plans and acceptance procedures to ensure the equipment is installed properly and accepted. This testing should encompass the full range of the functions and requirements required by this specification. All software provided should be tested to confirm that it is compliant with the current specifications, free from defects in design, material, workmanship, and is capable of sustained performance in the operating environment. Testing should not begin until a sign off of the test plan and procedures by RTA. Test plans should be developed to ensure that the technologies are functioning as specified and reports are generated as required.

The system acceptance test should be conducted after all equipment is installed. RTA cannot accept the technologies until it has validated that Proposer has met all requirements stated in this RTA. At the completion of the system acceptance test and the correction of any resulting variances, the system will be deemed operational. On-site acceptance testing will include appropriate Proposer and RTA staff, and will occur at a time agreeable to both Proposer and RTA. System acceptance tests will exercise all system components according to the test plan section of the work plan, and will be designed to simulate RTA’s production environment.


To accomplish this task, Proposer shall use RTA passenger and service provider vehicle and driver data, system parameters, and local maps. Acceptance tests cannot begin until data conversion and system configuration tasks are complete. This will include the comprehensive testing of:

a. Functional requirements b. Reporting functions c. System requirements d. Software requirements e. Hardware f. Interfaces with external systems

Tests conducted by Proposer may not prevent the operation of existing systems or cause system interruptions unless previously approved by RTA. RTA will maintain complete records of all test results. The records should be keyed to the steps enumerated in the test procedures. A variance report should be prepared by either RTA or Proposer personnel each time a deviation from specification requirements or the Proposer’s design is detected. Variance reports should be collected and maintained by the Proposer’s Project Manager. Proposer should document actions taken to correct variances. Sufficient information should be provided to enable a RTA representative to determine the need for retesting the function, for testing interaction with any previously tested function, and for updating appropriate documentation.

3.19 Delivery and Implementation Schedule All work relating to the implementation and delivery of equipment and software for this project shall be completed thirty (30) days after award of contract. San Luis Obispo Regional Transit Authority will work with the Proposer to develop a detailed timeline for the completion of this project.

3.20 Importing, Exporting, and Reporting Functionality Reporting capabilities should be available and should be able to be output in print, fax, e-mail, or a form such as PDF or Snapshot. System should also have data import and export capabilities to standard PC software in multiple formats including Word, Excel, Access, DBF, DB2, Text, and CSV. Please describe this functionality. The system should have the ability to copy information to a clipboard for use with Word or Outlook. The system reporting tools should allow for the display of reports on-screen or printed. The system should contain a full report generating capability to produce custom reports and should be able to perform ad hoc reporting and data reports as required. The system should include an ODBC-compliant reporting tool. All standard and custom reports delivered with the system should have been built by and should be editable via the reporting tool.


The list below indicates the minimum reporting capabilities that are required under this RFP. Proposers should include their complete listing of reports. Examples should also be provided. Proposers should also discuss the process required for RTA staff to prepare the reports and whether or not programming is required. Ease of use is an important element in this procurement. 3.21 Branding Proposer shall create and install graphics on TVM for RTA. Proposer shall create, and provide graphic of brand to be on the smart card for RTA. RTA shall approve branding and graphic.


SECTION 4

FORMS

ATTENTION PROPOSERS All forms in this Section are required for the submission of proposals.

Failure to submit any one form may result in the rejection of the proposal.


PROPOSAL FORM 1 COST PROPOSAL

Line Task Cost

1. System Design

2. Hardware Purchase

3. Software Purchase

4. Installation

5. Training

6. Licensing

7. Warranty One Year

8. Maintenance Agreement-Year 1





11. 100% Performance Bond

12. Other:_______________________________________

13. Other: ______________________________________

14. SUBTOTAL

15. CA Sales Tax @ 8.00%

16. Base TOTAL

17. Optional cost per TVM

18. Optional Maintenance Agreement cost if applicable


PROPOSAL FORM 2

ADDENDUM RECEIPT (if necessary)

The proposer acknowledges that it has received the following Addenda:

ADDENDUM No. SIGNATURE

1.

2.

3.

4.

5.


SECTION 5

REQUIRED CERTIFICATIONS


CERTIFICATION 2.1

Certification of Restrictions on Lobbying

Required if bid or offer exceeds $100,000

The undersigned. _________________, certifies to the best of his or her knowledge and belief, that:

a. 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.

b. If any funds other than Federal appropriated funds have been paid or will

be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions [as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]

c. The undersigned shall require that the language of this certification be

included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 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.


The Proposer, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. 3801, et seq., apply to this certification and disclosure, if any.

Executed this ______________________ day of ________________________, 2016. _______________________________________ Signature of Authorized Official _______________________________________ _______________________ Title of Authorized Official Date


CERTIFICATION 2.2

Certification of Non-Collusion By submission of this proposal, each offerer and each person signing on behalf of any offerer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

a. The contents of this proposal and of any subsequently submitted best and final offer have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any other matter relating to such proposal with any other offerer or with any competitor;

b. Unless otherwise required by law, the contents of the proposal and of any subsequently

submitted best and final offer have not been knowingly disclosed by the offerer and will not knowingly be disclosed by the offerer prior to opening, directly or indirectly, to any other offerer or to any competitor; and,

c. No attempt has been made or will be made by the offerer to induce any other person,

partnership or corporation to submit or not to submit a proposal or a best and final offer for the purposes of restricting competition.

_________________________________________ ________________________

Offerer Date _________________________________________

Authorized Signature Notary Subscribed and sworn before me this _____day of __________ 2016. ______________________ my commission expires __________ 2016.


CERTIFICATION 2.3

Eligibility _____________________________________________________________ (Name of Proposer)

hereby certifies that it is not included on the State of California Comptroller’s General’s list and United

States Comptroller General’s Consolidated List of Persons or Firms Currently Debarred for Violations or

Various Public Contracts Incorporating Labor Standard Provisions.

Signed (Authorized Representative of Proposer

Title

Date:


CERTIFICATION 2.4

Affidavit Concerning Conflicts of Interest and Non-Competitive Practices

A. Conflict of Interest. The Proposer by entering into this contract with RTA to perform work,

services or materials to RTA; has thereby covenanted, and by this affidavit does again covenant and assure that it has no direct or indirect pecuniary or proprietary interest, and that shall not acquire and such interest, which conflicts in any manner or degree with the services required to be performed under this contract and that it shall not employ any person or agent having any such interest. In the event that the Proposer or its agents, employees or representative hereafter acquires such a conflict of interest, it shall immediately disclose such interest to RTA and take action immediately to eliminate the conflict or to withdraw from this contract, as RTA may require.

B. Contingent Fees and Gratuities. The Proposer, by entering into this Contract with RTA to

perform or proved services or material for RTA has thereby covenanted, and by this affidavit does

1. That no person or selling agency except bona fide employees or designated agents or representative of the Proposer has been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage or contingent fee would be paid; and

2. That no gratuities, in the form of entertainment, gifts or other, were offered or given by the

Proposer or an of its agents, employees or representatives, to any official, member or employee of RTA or other governmental agency with view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract.

1. Than not contracts or communications or lobbying effort were made by the Proposer, its

agents or officers with any member of RTA Council or RTA staff with regard to this process.

Company Name By Signed Print Name

Subscribed and Sworn to before Me this ____ day of _____, 2016 _______________________________

Notary Public in and for State of

residing at ___________________________________________________________________


CERTIFICATION 2.5

Certification Concerning Control of Proposer’s Employee The Proposer, by entering into this Agreement with RTA to perform or provide work services or material to RTA, does hereby certify and assure that in performing the services under this Agreement, the Proposer shall act as an independent Proposer and shall have full control of the work and Proposers’ employees. Proposer and its employees in no circumstances whatsoever shall employ or be considered as an agent(s) or employees of RTA. Proposer employees in circumstances shall be entitled to part of any pension plan, insurance, bonus or any similar benefits which RTA provides its own employees. Any infraction of this Certification shall be cause for termination of this Agreement. Signed ____________________________________________________________________________________

Authorized Representative of Proposer Title ________________________________________________________________________________ Date


CERTIFICATION 2.6

BUY AMERICA

A proposer 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 sub-contractors.

Certification requirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The proposer or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5.

Date

Signature

Company Name

Title

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The proposer or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date

Signature

Company Name

Title


CERTIFICATION 2.7

DISADVANTAGED BUSINESS ENTERPRISES (DBE) Policy: It is the policy of the U.S. Department of Transportation that DBE’s as defined in 49 CFR Part 23 as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal and/or state funds under the agreement which results from the Purchaser’s acceptance of the proposer’s offer. Consequently, the DBE requirements of 49 CFR Part 23, as amended, applies to that agreement. DBE Obligation: The bidder/Proposer agrees to ensure that DBE’s as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under the agreement which results from the Purchaser’s acceptance of the proposer’s offer. In this regard, all bidders/Proposers shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that DBE’s have the maximum opportunity to compete for and perform contracts. Bidders/ Proposers shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of Department of Transportation assisted contracts. DBE PROJECT GOAL: 1.4%

Signature: Date:

Title:

Firm:

Failure to submit this form in a properly executed manner will result in the bid/proposal being found non-responsive and rejected. This certification required for all procurements except for those in which motor vehicles are being purchased.


ATTACHMENT 1

LOCATION INFORMATION


LOCATION The location of the TVM will be at the SLO Government Center passenger facility located at the corner of Osos and Palm Streets in San Luis Obispo. DIMENSIONS The TVM shall be accommodated in the following space: Width: TBD Height: TBD Depth: TBD Pictures of Site to be provided.


ATTACHMENT 2

FUNCTIONAL MATRIX/TECH SPECS


TRANSIT TICKETING MACHINE FUNCTIONAL MATRIX

SAN LUIS OBIPSO REGIONAL TRANSIT AUTHORITY

Item # Feature Required Value-Added Option

1 Supports smart cards and magnetics including: DESfirs EV1, MIFARE Classic, thin Ultralight, Ultralight C

x

2 Accepts and validates coins and bills x

3 Purchase or recharge smart cards x

4 Supports full range of ticket types based numerous agency fare structure.

x

5 Provides between 2-3 ticket issuing units x

6 Issues short term use fare media compatible to GFI Odyssey fareboxes (10 mil)

x

7 Issues durable smart card fare media compatible to GFI Odyssey fareboxes (30 mil)

x

8 Prints and encodes tickets on issuance for flexibility and added security

x

9 Read value on tickets on cards x

10 Provides receipts for bank card transactions x

11 High capacity cassettes for high volume locations

x

12 Accepts major credit and debit cards via ethernet or fiber optics network

x


13 Records individual sales, events and cumulative totals

x

14 Consolidates transactions and events in a central database

x

15 Uploads data to central office x

16 Offers standard and customer reporting capabilities

x

17 Low maintenance service and quick site visits

x

18 Generates audit tickets following module replacement

x

19 Forced air ventilation for cooling and optional heater for cold weather

x

20 Wash light illuminates front panel interior when door is open

x

21 Recommended for indoor and outdoor use x

22 Self Service ticketing machine x

23 User-friendly x

24 Heavy duty construction for indoor and outdoor installation for all climates

x

25 Ability to add and/or remove functions x

26 Ability to adapt to evolving technology x

27 Instruction in English and Spanish x


28 Validates previous fare media x

29 Upgrades fare media to smart cards x

30 Recharges smart cards using visa, cash, coins, and/or bank cards

x

31 Prints receipts and audit tickets x

32 Dispenses change in coins and bills x

33 Makes change in requested denominations x

34 Online monitoring x

35 Reporting x

36 Real-time security and maintenance reporting

x

37 Mobile payment integration x

38 Auto-Reload on Smart Cards x

39 Support on-line smart card accounts. x

40 Ability of smart card to store up to $300 on the card.

x

41 Smart card allows purchase bus passes and fares from multiple agencies.

x

42 Smart card allows balance protection. When reported lost/stolen, transfer balance to new card.

x


43 Order smart cards online. x

44 View order history. x

45 Security store credit card information. x

46 Discount pricing for smart cards x

47 Purchase or recharge smart cards x

48 Manage online account (i.e. methods of payments, register smart card, balance, usage history, notifications/receipts.

x

49 Loading a smart card using an online account.

x

50 Support Transit Benefit Fare programs x

51 Allow payment with credit cards, chip credit cards, contactless credit card, and debit cards

x

52 Real-time security and maintenance reporting

x

San Luis Obispo Regional Transit Authority · San Luis Obispo Regional Transit Authority REQUEST...

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