Worcester Regional Transit Authority. Request for Proposals (RFP) # FOR. On-Call Bus Stop Sign Installation, Removal, and Maintenance

Transcription

1 Worcester Regional Transit Authority Request for Proposals (RFP) # FOR On-Call Bus Stop Sign Installation, Removal, and Maintenance RFP DUE: June 23, :00 p.m., EST Jonathan E Church, Administrator Worcester Regional Transit Authority 60 Foster Street Worcester, MA CONTACT: Thomas J. Coyne, Assistant Administrator (508) tcoyne@therta.com Issued: June 9, 2017

2 TABLE OF CONTENTS Section Section Title Page(s) 1. General Information 4 2. Instructions to Respondents Procurement Schedule Submission of Proposal Cost Associated with Preparing Response to RFP Pre-Proposal Meeting Questions / Clarifications Bid Bond Performance Bond RFP Documents Proposal Content Public Opening of RFP Multiple Proposals Updates and Addenda Late Proposals Point of Contact Non-Collusion Declaration References RFP Evaluation Criteria Reservations Notification of Withdrawals of Proposals to RFP Interpretation Notice of Intent to Award Execution of Agreement Proprietary Information Exceptions and / or Deviations Conformance with EMS (not applicable) Specifications and Requirements General Description Scope of Services Specifications Other Standard Terms and Conditions Invoicing Controlling Law 13 2

3 TABLE OF CONTENTS Section Section Title Page(s) 4.3 Taxes, Charges and Extras Award Alteration or Variation of Terms Assignability Compliance with Statute Insurance Requirements Warranty Federal Contract Clauses Davis Bacon Rights and Remedies of WRTA for Default Severability Limitation on Funding Evaluation Results Disadvantaged Business Enterprise Protest Procedures Official RFP Cost Proposal Form Exhibits EXHIBIT A Prospective Bidder Fact Sheet 17 EXHIBIT B Non-Collusion Declaration 18 EXHIBIT C Certification as to Payment of State Taxes 19 EXHIBIT D Lobbying Certification 20 EXHIBIT E Federal Contract Clauses 22 EXHIBIT F Protest Procedures 33 3

4 SECTION 1. GENERAL INFORMATION The Worcester Regional Transit Authority, herein referred to as WRTA, is seeking proposals from qualified full service sign companies for on-call installation, removal and maintenance of bus stop signs & poles in the WRTA s service area. The Worcester Regional Transit Authority is a political subdivision of the Commonwealth of Massachusetts. It is responsible for public transit services in thirty-seven (37) communities within the Central Massachusetts region, and is funded with Federal, State and local subsidies, as well as farebox revenue. The WRTA was created pursuant to Massachusetts General Laws, Chapter 161B. The WRTA is prohibited, by the provisions of Section 25 of Chapter 161B, from directly operating transit service; thus, all fixed-route services, are provided by a subcontractor. The WRTA is required to comply with the mandates of the Americans with Disabilities Act (ADA), as are the entities with which it contracts for transit. SECTION 2. INSTRUCTIONS TO RESPONDENTS 2.1 Procurement Schedule The following is an anticipated RFP engagement schedule. The WRTA may change the estimated dates and process as deemed necessary. The proposed schedule for submittal, reviews, and notification is as follows: Activity Date Release & Advertise RFP June 9, 2017 Deadline for Questions/Clarifications June 16, 2017 Response to Questions/Clarifications June 19, 2017 Deadline for Issuance of Updates and Addenda June 19, 2017 Proposals Due June 23, 2017 Review of Proposals June 26-29, 2017 Approximate award date June 30, 2017 It is anticipated that services will begin immediately upon execution of a contract. This project is being developed with, and is or will be subject to, the regulations and procedures of the funding agencies, the U.S. Department of Transportation s Federal Transit Administration ( FTA ) and the Massachusetts Department of Transportation ( MassDOT ). 2.2 Submission of Proposal One (1) original and one (1) copy of the proposal must be submitted in hard copy to: Worcester Regional Transit Authority 60 Foster Street Worcester, MA Attention: Thomas J. Coyne, Assistant Administrator Proposals must be sealed and clearly marked on the outside as follows: 4

5 Proposal for On-Call Bus Stop Sign Installation, Removal, and Maintenance RFP # Proposals shall be submitted no later than 2:00 PM Eastern Standard Time (EST) on June 23, Proposals received after the date and time specified above will not be considered. 2.3 Cost Associated with Preparing Response to RFP The respondent shall be solely responsible for any and all costs incurred in the preparation or submittal of the proposal. No portion of these costs shall in anyway be incurred by the WRTA. 2.4 Pre-Proposal Meeting A Pre-Proposal Meeting will not be scheduled. 2.5 Questions / Clarifications Questions or clarifications must be received by the WRTA in writing no later than June 16, 2017 at 5:00 PM. 2.6 Bid Bond A bid bond is not required for this RFP. 2.7 Performance Bond A performance bond is not required for this RFP. 2.8 RFP Documents The following, in addition to this RFP, constitute the RFP documents: Official RFP Cost Proposal Form EXHIBIT A Prospective Bidder Fact Sheet EXHIBIT B Non-Collusion Declaration EXHIBIT C Certification as to Payment of State Taxes EXHIBIT D Lobbying Certifications EXHIBIT E Federal Contract Clauses EXHIBIT F Protest Procedures 2.9 Proposal Content Responsive proposals must include the following: A letter of transmittal including the name, title, address, phone, fax number and address of the person(s) with authority to bind the Respondent in contractual matters. Also, the address, if different and legal name and form of the respondent. Identify the state of incorporation. If a joint venture, provide the above information for all participating firms. And, a statement that the proposal will remain in effect for and not be withdrawn for 180 days. The letter shall be signed by the designated individual(s). A list of projects currently in progress or completed within the last three years which are relevant to the types of project effort proposed. Include the names, addresses, and telephone numbers of contact points with those clients. Provide a minimum of three 5

6 (3) references that demonstrate your experience installing similar projects. A contact person with telephone number for each reference should be included. Include the name of the project manager and/or the name(s) of key personnel in organizational chart format. Include a brief resume for each person shown on the Organization Chart, including special qualifications applicable to the performance of this project. Whether applicant has ever been debarred or been the subject of any type of disciplinary action by any local, state or federal governmental unit, body or agency in connection with the provision of appraisal services or any other related discipline. Whether applicant has ever had its contract terminated by any owner on any project for any reason. Please provide an explanation of such termination and the reasons for the same, along with the name, address and phone number for a contact person for the owner of such project. Such other additional information as the WRTA may reasonably request during the evaluation of the responses from applicants. The required certifications (Exhibit A Exhibit D) Official RFP Cost Proposal Form 2.10 Public Opening of RFP There will not be a formal public opening for this RFP Multiple Proposals Only one proposal will be accepted from any one person, partnership, corporation or other entity Updates and Addenda No one is authorized to amend any of these documents in any respect by an oral statement or to make any representation or interpretation in conflict with their provisions. Any changes to these documents will be issued in writing via Addendum by Thomas Coyne or designee. Respondents shall be responsible for continually checking the WRTA s website at for the most current information regarding this RFP. Current information may be in the form of an update or formal addendum. Updates and / or addenda will be posted on the above mentioned website by June 19, 2017 at 5:00 p.m. EST Late Proposals All proposals to the RFP must be delivered in person or received by mail no later than June 23, 2017 at 2:00 p.m. EST. Respondents shall be responsible for the timely delivery of their proposals. Proposals received after the deadline will not be considered, and will be returned unopened. 6

7 2.14 Point of Contact All questions regarding this RFP shall be directed in writing to Thomas Coyne who may be reached by at No other individual has the authority to respond to any questions submitted unless specifically authorized by Thomas Coyne. Failure to adhere to this process may disqualify the bidder Non-Collusion Declaration Respondents shall execute a Non-Collusion Declaration on the form furnished by the WRTA. EXHIBIT B includes the Non-Collusion Declaration form and is attached to the RFP References See Section 2.09 of this RFP RFP Evaluation Criteria The WRTA will establish an evaluation committee to make a recommendation of an award to the Administrator. The Administrator will make the final selection for contract award. The WRTA will select the most qualified firm based on a point system. The following factors will be considered and assigned points up to the maximum amount indicated. The maximum score that any one proposal shall receive is 100. Ability of Firm (35 Points) The WRTA will assess the overall qualifications by considering: The respondent can demonstrate its responsiveness to this request for proposals Experience (35 Points) The WRTA will assess the past experience of the organization in general by considering: The respondent can demonstrate it has the experience to initiate and complete the project by showing examples of similar projects it has successfully completed during the past three years. Cost Proposal (30 Points) 2.18 Reservations The WRTA reserves the right to do the following at any time and for its own convenience, at its sole discretion: The WRTA reserves the unqualified right, in its sole and absolute discretion, to undertake discussions with one or more Respondents or any third party, to waive any irregularities, to waive defects or noncompliance in the filing or contents of any Proposal, and to proceed with that Proposal, or elements of one or more Proposals, if any, which in its sole judgment will, under the circumstances, best serve the WRTA s interest. 7

8 The WRTA reserves the unqualified right to amend the terms of this RFP at any time, and to solicit and accept modifications to any Proposal at any time when it is in the best interest of the WRTA to do so. The WRTA reserves the unqualified right, in its sole and absolute discretion, to choose or reject any Proposal received in response to this RFP, either on the basis of an evaluation of the factors listed in this RFP or for other reasons, whether or not any Proposal offers the highest monetary compensation to the WRTA or any other public entity. The WRTA reserves the unqualified right, in its sole and absolute discretion, to reject any and all Proposals or to suspend or abandon this RFP process at any time, with no recourse for any Respondent. The information contained in this RFP and in any subsequent addenda or related documents is provided as general information only. The WRTA makes no representations, warranties, or guarantees that the information contained herein is accurate or complete. The furnishing of such information by the WRTA shall not create or be deemed to create any obligation or liability upon it for any reasons whatsoever, and each recipient of the RFP, by submitting a Proposal to the WRTA, expressly agrees that it has not relied upon the foregoing information, and that it shall not hold the WRTA, or any third party who advised or prepared a report for the WRTA, liable or responsible therefore in any manner whatsoever. The WRTA may, at any time, request further information from any Respondent, interview any Respondents to more fully understand their responses to this RFP, and require any Respondent to arrange a site visit for its Selection Committee. The WRTA reserves the right, in its sole discretion, to develop the project on any schedule and use any chosen approach. Neither the expression of any Respondent s interest, nor the submission of any Respondent s qualifications and any documents or other information, nor the acceptance thereof by the WRTA, nor any correspondence, discussions, meetings or other communications between a Respondent and the WRTA, nor a determination by the WRTA that the Respondent is qualified hereunder, shall: (i) impose any obligation on the WRTA to include the Respondent in any such further procedures which the WRTA may utilize prior to the final selection of a Respondent, (ii) be deemed to impose any obligation whatsoever on the WRTA to select the Respondent, or to enter into negotiations with the Respondent, or (iii) entitle the Respondents to any compensation or reimbursement for any costs or expenses incurred by the Respondent in connection with the Respondent s submission hereunder. No costs of responding to the RFP or any addenda thereto, nor of the attending any subsequent interviews or meetings in connection with this development opportunity, shall be reimbursed by the WRTA. 8

9 The WRTA may consult individuals familiar with each Respondent regarding the Respondent s prior operations and development or management projects, financial plan, past performance, experience and qualifications, or other matters, whether or not the specific individuals are identified in the RFP response. Submission of a Proposal in response to this RFP shall constitute permission for the WRTA to make such inquiries, and authorization to third parties to respond thereto. The individual responses to this RFP, including all drawings, plans, photos and narrative material shall become the property of the WRTA upon their receipt thereof. The WRTA will maintain the confidentiality of any material that is provided in response to this RFP and clearly marked Confidential, to the maximum extent possible, in a manner consistent with applicable law. Given the liberal nature of the Commonwealth s public records law, Respondents should nevertheless be aware that any information given to the WRTA in response to this RFP or any correspondence, discussion, meeting, or other communication between the Respondent and the WRTA before, with, or after the submission of the response, either orally or in writing, may not be, or may not be deemed to have been, proprietary or confidential. Neither the members of the WRTA nor any individual member, nor any officer, agent, or employee thereof shall be charged personally by a Respondent or any third party with any liability or held liable to it under neither any term or provision of this RFP nor any statement made herein. The WRTA reserves the unqualified right, in its sole and absolute discretion, to disqualify any team, firm, or individual form any phase or component of the selection processor this development opportunity, due to: (i) felonious or other criminal record in any jurisdiction (domestic or foreign); (ii) a determination by the WRTA that the Respondent has failed to disclose (a) any matter that materially relates to the fitness or ability of the Respondent to perform the work and services associated with this development opportunity, or (b) a conflict of interest; or (iii) a determination that such disqualification would serve the public interest. The WRTA reserves the unqualified right to: (1) disqualify any prospective Respondent or reject any response at any time solely on the grounds that a real or perceived legal or policy conflict or interest is presented; (2) require any prospective Respondent to take any action or supply any information necessary to remove the conflict, including without limitation, obtaining an opinion from the State Ethics Commission; or (3) terminate any contract arising out of this RFP if, in the opinion of the WRTA, any such relationship would constitute or have the potential to create a real or perceived conflict of interest. The WRTA reserves the unqualified right, in its sole and absolute discretion, to reject any subcontractor or individual working on a consultant team and to replace the subconsultant or individual with a mutually acceptable replacement. 9

10 The WRTA reserves the unqualified right, in its sole and absolute discretion, to retain more than one firm and assign work based on needs of a particular project and the experience and qualifications of the firm Notification of Withdrawals of Proposals to RFP s Proposals may be modified or withdrawn prior to the date and time specified for RFP submission by an authorized representative of the bidder or by formal written notice. All proposals not withdrawn prior to the bid due date will become property of the WRTA Interpretation Should any discrepancies or omissions be found in the RFP specifications / requirements, or doubt as to their meaning, the bidder shall notify the WRTA in writing at once ( is acceptable). The WRTA will post updates or addenda on its website ( The WRTA shall not be responsible for oral interpretations. All addenda issued shall be incorporated in the Contract Notice of Intent to Award Notice of Intent to Award may be issued upon receipt of all required documents Execution of Agreement The successful proposer shall enter into a contract with the WRTA and shall be subject to all provisions of this RFP. The Contract for On-Call Bus Stop Sign Installation, Removal, and Maintenance Services shall also be subject to and shall incorporate the FTA required Contract Clauses, attached to the Contract as Attachment A Proprietary Information All information appearing within the bid is subject to public inspection. Any proprietary information must be clearly marked as such and submitted in a separate sealed envelope. Reference sealed envelope within the body of the bid Exceptions and / or Deviations No exceptions to or deviations from this specification will be considered, unless each exception or deviation is specifically stated by the bidder as an exception on the request form and accompanied by a detailed statement completely defining the exception and / or deviation. The manufacturer s name, product name or trade name, and catalog or part number must be shown on the RFP in the designated places; however, that information is not sufficient evidence that the bidder is making an exception. If no exception or deviation is shown, the bidder will be required to furnish the equipment exactly as specified herein. The burden of proof of compliance with this specification will be the responsibility of the bidder. The WRTA reserves the right to reject, as unresponsive, any bid not containing all information requested by the WRTA Conformance with Environmental Management System Not applicable to this procurement SECTION 3. SPECIFICATIONS AND REQUIREMENTS 10

11 3.1 General Description Proposals will be received by the WRTA at its office at 60 Foster Street, Worcester, Massachusetts until 2:00 P.M. on Friday, June 23, 2017 for a full service sign company (herein known as the Contractor) to provide on-call installation, removal, and maintenance service for its approximately 930 bus stops, signs, and sign poles. As of July 1, 2017, the WRTA will operate 24 fixed routes in thirteen communities in Worcester County. All but a handful of the bus stop signs are located in the city of Worcester. The WRTA employs a flag system without bus stop signs in its outer communities. The WRTA and the selected Contractor will enter into a multi-year Time and Materials contract. The contract will provide for the payment of labor costs on the basis of fixed hourly billing rates. These rates would include wages, indirect costs, general and administrative expense and profit. Materials will be billed at cost, unless the contractor usually sells materials of the type needed on the contract in the normal course of business. In that case the payment provision can provide for the payment of materials on the basis of established catalog or list prices in effect when the material is furnished. The WRTA s maximum obligation under the contract is expected to be $20,000 annually. The contractor may not exceed this limitation without written authorization in the form of a contract amendment. The specifications and scope described below set for the minimum requirements for the work to be provided hereunder. The services to be purchased shall meet or exceed the specifications attached hereto. Except where specified to the contrary herein, all work shall be new and shall be supplied with the equipment and accessories indicated as standard equipment in manufacturer s published descriptions, owner s manuals, and other literature for said work. No advantage shall be taken by the bidder in omitting any unspecified minor article that goes into making the unit complete. 3.2 Scope of Services Semiannually, on a date selected by the WRTA, the contractor will be required to survey the WRTA s entire bus stop and sign inventory. The purpose of the survey is (1) to ensure all existing signage is in good condition, including: poles and signs that are straight, lack of graffiti or vandalism on signs, signs are legible and display correct information, (2) provide a listing of missing signs including a recommendation to the WRTA for installation (new sign pole, existing sign pole, non WRTA pole) and (3) identify locations of WRTA signs on utility or other non-wrta poles. Often, WRTA employees as well as passengers notify the WRTA administration of missing, damaged or incorrect signage. As this will be an on-call contract, the WRTA, when needed, will direct the contractor to install, remove, or repair a sign, sign pole, or both. Signs, sign poles and hardware will be supplied by the Contractor. Contractors will be expected to respond to on-call requests within 5-8 days. The WRTA does not anticipate any emergency or after hour services and therefore will not authorize overtime. When necessary, the Contractor will be responsible for coordinating the installation of sign poles with Dig Safe. 11

12 Both the front and rear of existing bus stop signs are covered with a vinyl screen. At the WRTA s direction, the Contractor may be asked to (1) add 3x3 route decals, or (2) add to or change any part of the existing text and graphics. The Contractor will be responsible for producing the materials, including graphics for installation. 3.3 Specifications Traffic Sign Pole: All traffic sign poles shall be Schedule 40 black iron pipe with an aluminum industrial coating so the pipe can be reheated for straightening. The size of the pipe shall be 12 long x 2 I.D. round. All poles shall be painted with gloss black rust inhibitive enamel. Traffic Sign Pole Method of Construction: All traffic sign poles shall be installed with a 12 x 12 cement concrete foundation, with a minimum depth of 2.5 feet, anchored with a ½ inch diameter, 6 inch long reinforcing bar at a depth of two (2) feet. This installation process shall be used for all types of bituminous concrete sidewalks or loam boarders. In cement concrete sidewalks the Contractor shall install pre-molded bitumastic filler. The sign pole shall be centered in the foundation with a minimum of 7-0 distance from the finished surface to the bottom of the sign and not less than 18 from the edge of the curbing. Poles that have been removed for replacement shall be retained by Contractor for subsequent use if still serviceable. A post hole digger and any other equipment or tool, needed to install the sign poles, will be supplied by the Contractor. Bus Stop Sign Blanks:.125 x 12 x x 12 x 20.5 Aluminum (engineer grade) Double faced Pre-punched mounting holes Radius corners Bus Stop Sign Screens: 12 x 30 3M IJ180C or equivalent pressure sensitive air release vinyl with 3 spot colors 12 x M IJ180C or equivalent pressure sensitive air release vinyl with 3 spot colors Brackets: 9 Extruded Aluminum Wing Bracket Stainless Steel Band Strapping 3.4 Other Requirements None SECTION 4. STANDARD TERMS AND CONDITIONS 4.1 Invoicing 12

13 The WRTA will only pay by original invoice. The WRTA will not authorize and does not participate in funding payments to a contractor prior to the incurrence of costs. Progress payments may be authorized provided the following requirements are followed: Progress payments are only made to the contractor for costs incurred in the performance of the contract When progress payments are used, the WRTA must obtain title to property (materials, equipment, etc.) for which progress payments are made 4.2 Controlling Law The Contract shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts and proper venue for legal action regarding the Contract shall be WRTA. 4.3 Taxes, Charges and Extras The WRTA is exempt from all federal excise taxes, including tax on transportation and Massachusetts s sales tax. Price(s) quoted to the WRTA shall not include said taxes. Upon request the WRTA will furnish the Contractor with a tax exemption certificate. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the WRTA unless expressly included and itemized in the bid. 4.4 Award Unless the prospective bidder specifies otherwise in his / her proposal or the Request for Qualifications states otherwise, the WRTA may accept any item or group of items of any bid. 4.5 Alteration or Variation of Terms It is mutually understood and agreed that no alteration or variation of the terms of this RFP or subsequent purchase order shall be valid unless made or confirmed in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made or confirmed in writing between the parties hereto shall be binding on any of the parties hereto. 4.6 Assignability A contract is not assignable by Respondent either in whole or in part. 4.7 Compliance with Statute Respondent hereby warrants that all applicable Federal and State statutes and regulations or local ordinances will be complied with in connection with the sale and delivery of the property furnished. 4.8 Insurance Requirements By signing its proposal, Respondent acknowledges that it has read and understands the insurance requirement for this proposal. Respondent also understands that the evidence of required insurance, naming the WRTA as an additional insured, must be submitted upon contract signing; otherwise, the WRTA may rescind its acceptance of the Respondents 13

14 proposal. The minimum required insurance limits are (a) Professional Liability $1,000,000 per occurrence, (b) $3,000,000 Each Employee for Injury by Disease and (c) Worker s Compensation insurance in accordance with all applicable laws of the Commonwealth of Massachusetts. 4.9 Warranty Bidder warrants to WRTA that the goods and / or services covered by this order will conform to the drawings, specifications, samples, descriptions and time provisions furnished by WRTA and will be of first class material and workmanship and free from defects; and WRTA reserves the right to cancel the unfilled portion of this order without liability to Bidder for breach of this warranty. Goods will be received subject to inspection and acceptance at destination by WRTA; risk of loss before acceptance shall be on Bidder. Defective goods rejected by WRTA may without prejudice to any other legal remedy be held at Bidder s risk and returned to Bidder at Bidder s expense. Defects are not waived by acceptance of goods or by failure to notify Bidder thereof Federal Contract Clauses The goods and / or services covered by this RFP are being funded in part with funds from the U.S. Department of Transportation, Federal Transit Administration, and the Commonwealth of Massachusetts Department of Transportation. By submitting a bid, the Contractor agrees to comply with the clauses found in EXHIBIT E Federal Contract Clauses Davis-Bacon The goods and / or services covered by this RFP are not subject to Davis-Bacon and related acts compliance nor do Massachusetts Prevailing Wages apply Rights and Remedies of WRTA for Default In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to specifications therefore, or to the sample submitted by the Bidder with his bid, the WRTA may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same, without expense to the WRTA, and immediately to replace all such rejected items with others conforming to such specifications or samples; providing that should the Bidder fail, neglect or refuse so to do the WRTA shall have the right to purchase on the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may thereafter become due to the Bidder the difference between the prices named in the contract or purchase order and make the actual cost thereof to the WRTA. In the event the Bidder shall fail to make prompt delivery as specified of any item, the same conditions as to the rights of the WRTA to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. Cost of delivery of an item which does not meet specifications, will be the responsibility of the Bidder. The rights and remedies of the WRTA provided above shall not be exclusive and are in addition to any other rights and remedies provided by the law or under the contract. 14

15 4.13 Severability Should any part of the Contract or Purchase Order be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the validity of the remainder of the Contract or Purchase Order which shall continue in full force and effect; provided that the remainder of the Contract or Purchase Order can, absent the excised portion, be reasonably interpreted to give the effect to the intentions of the parties Limitation on Funding The Contract for services resulting from this RFP will be subject to the contract between the WRTA and the availability of on going funds from the WRTA s funding sources. The Contract for this service is contingent upon receipt of these funds by the WRTA. In the event that funding from these sources is eliminated or decreased, the WRTA reserves the right to terminate the Contract or modify it accordingly Evaluation Results Evaluation results are available for inspection at the office of the WRTA located at: 60 Foster Street Worcester, MA Disadvantaged Business Enterprise The WRTA, in accordance with Title VI of the Civil Rights Act of Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all respondents that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantage business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award Bid Protest Procedures The WRTA s Protest Procedures are found in EXHIBIT F. 15

16 SECTION 5 OFFICIAL RFP COST PROPOSAL FORM Respondents must use this Cost Proposal Form to submit their pricing for the services described in this RFP. In response to WRTA Request for Proposal # , I offer the following price proposal: Task Fixed Hourly Billing Rates Semi-Annual Survey $ Install, Remove, and Repair Bus Stop Signs $ Fabricate Bus Stop Sign Poles $ Other (please identify) $ Other (please identify) $ Other (please identify) $ Respectfully Submitted: Company By Title Business Address City, State and Zip Code Telephone Facsimile 16

17 EXHIBIT A PROSPECTIVE PROPOSER FACT SHEET Name of Contractor: Contractor Tax ID#: - Contractor s License #: Type: (as applicable) Contractor Does Business As: Individual Partnership Corporation Government Fiduciary Other Contractor is a: Resident Non-Resident of Massachusetts 1) Are you or your firm authorized to business in Massachusetts? Yes No 2) Are you or your firm a certified DBE? Yes No 3) Is this a local business? Yes No 4) This firm has been in continuous business under the present name for years. - End Exhibit A - 17

18 EXHIBIT B NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH RFP I,, am the of, (Position / Title) (Company) the party making the foregoing RFP that the RFP is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the RFP is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham RFP; and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham RFP, or that anyone shall refrain from bidding; that the bidder has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the RFP are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury under the laws of the Commonwealth of Massachusetts that the foregoing is true and correct: (Date) (Signature) - End Exhibit B - 18

19 EXHIBIT C CERTIFICATION AS TO PAYMENT OF STATE TAXES Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I,, authorized signatory for the CONTRACTOR do hereby certify under the pains and penalties of perjury that said CONTRACTOR has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support. Social Security Number or Federal Identification Number Signature of Individual or Corporate Name By: Corporate Officer (if applicable) - End Exhibit C - 19

20 EXHIBIT D LOBBYING CERTIFICATION Applies to Contracts Valued over $100, U.S.C CFR Part CFR Part 20 APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg (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 , to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C (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. [Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] 20

21 The Contractor,, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date - End Exhibit D - 21

22 EXHIBIT E FEDERAL CONTRACT CLAUSES NO GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 22

23 ACCESS TO RECORDS AND REPORTS 49 U.S.C CFR (i) 49 CFR Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R (i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R , Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100, Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R , Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this 23

24 contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristic s Operation al Service Contract Turnkey Construction Architectur al Engineerin g Acquisitio n of Rolling Stock Profession al Services I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capit al Projects None None unless 1 noncompetitiv e award Those imposed on state pass thru to Contract or None Yes, if noncompetitive award or if funded thru /5309/53 11 None None unless noncompetitive award None None unless noncompetitiv e award None None unless noncompetitiv e award II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capit al Projects Yes 3 Yes 3 Those imposed on nonstate Grantee pass thru to Contract or Yes Yes Yes Yes Yes Yes Yes Yes FEDERAL CHANGES 49 CFR Part 18 24

25 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. 623, 42 U.S.C U.S.C. 6102, 42 U.S.C U.S.C , 49 U.S.C CFR Part 1630, 41 CFR Parts 60 et seq. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C , and Federal transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No , "Equal Employment Opportunity," as amended by Executive Order No , "Amending Executive Order 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. (b) 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. 25

26 (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C , the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. TERMINATION 49 U.S.C.Part 18 a. Termination for Convenience (General Provision) The WRTA may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the WRTA to be paid the Contractor. If the Contractor has any property in its possession belonging to the WRTA, the Contractor will account for the same, and dispose of it in the manner the WRTA directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the WRTA may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the WRTA that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the WRTA, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The WRTA 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 the WRTA s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the WRTA setting forth the nature of said breach or default, the WRTA shall have the 26