Greater Cleveland Regional Transit Authority PROCUREMENT OF ONE MOBILE WASH TRUCK IFB NO

Transcription

1 Greater Cleveland Regional Transit Authority INVITATION FOR BID PROCUREMENT OF ONE MOBILE WASH TRUCK IFB NO Due Date: Thursday, November 14, :30 A.M., Official Time

2 Rev.9/99 October 14, 2013 Prospective Bidders: RE: PROCUREMENT OF ONE MOBILE WASH TRUCK The Greater Cleveland Regional Transit Authority (GCRTA) has issued an Invitation for Bid (IFB) for the procurement referenced above. The IFB can be reviewed and printed from GCRTA Web Site: The DBE percentage goal for this procurement is zero (0%). Bids for this procurement will be received until, 11:30 a.m. Official Time, Thursday, November 14, 2013 at the location noted below. Bids received after the designated time or at any other than the designated location will not be accepted. Bids shall be submitted to: The Greater Cleveland Regional Transit Authority Procurement Department, 5th Floor 1240 West Sixth Street Cleveland, OH All communications regarding this procurement, including requests for clarification shall be directed to William Berhannan, Team Leader, telephone: Sincerely, William Berhannan Team Leader Bus Enclosures

3 Rev. 7/00 Mobile Wash Truck IFB No INVITATION FOR BIDS IFB No.: Date of Issue: October 14, 2013 The Greater Cleveland Regional Transit Authority (hereinafter sometimes referred to as "GCRTA") requests sealed bids from individuals and/or firms interested In Furnishing One Mobile Truck. All bidders will be required to certify that they and their proposed subcontractors are not on the Comptroller General's list of ineligible Contractors. BID DATE Sealed bids in the form prescribed herein and endorsed as Mobile Wash Truck will be received at the office of the Procurement Department, GCRTA, 5th Floor, 1240 West 6th Street, Cleveland, Ohio , until, 11:30 a.m. official time Thursday, November 14, 2013, and will be publicly opened and read in the Procurement Conference Room. Bids received at said office after 11:30 a.m., official time, are late bids. Late bids shall not be considered for award and shall be returned to the bidder. A bid guarantee shall not be required. The successful bidder shall be required to perform in accordance with the Bid Documents. Work shall be accomplished within the time frame designated by GCRTA. AMENDMENTS TO INVITATION FOR BIDS GCRTA may amend this invitation for bids at any time before the time fixed for receipt of bids. Amendments may be for any reason deemed necessary by GCRTA including, without limitation, changes in quantity, quality, delivery, bid date, and bid qualifications. Written notice of such amendments will be mailed to all persons who have recorded an interest in bidding or have given GCRTA reasonable written notice of intent to bid. ADDITIONAL CORRESPONDENCE Any correspondence, questions or request for bid documents and specifications should be directed to William Berhannan, Team Leader, 1240 W. 6 th Street, Cleveland, OH 44113, Telephone: , Fax: , wberhannan@gcrta.org. Issuance of this IFB does not commit the GCRTA to award any contract, to pay any costs incurred in preparation of a bid pursuant to this request or to procure or contract for supplies or equipment specified. The GCRTA reserves the right to reject any and all bids, to readvertise or cancel this Invitation.

4 IFB No Invitation for Bids Page 2 of 2 During the performance of this contract, the Contractor is required not to discriminate against any employee or applicant for employment on the basis of race, color, sex, age, religion, marital status or national origin. Disadvantaged Business Enterprises (DBE's) shall have an opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement, to an extent reflective of their availability in the community, whether or not a specific goal for participation was set for this solicitation. In this regard, all bidders shall take all necessary and reasonable steps in accordance with 49 CFR, Part 26, to ensure that disadvantage business enterprises have an opportunity to compete for and perform contracts. Bidders shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. No officer, member, or employee of the GCRTA, and no members of its governing body, and no other public official or employee of the county or any municipality in the geographical limits of the GCRTA during his or her tenure, shall have any interest, direct or indirect, in this IFB, any resulting contract, or the proceeds thereof. General Manager The Greater Cleveland Regional Transit Authority

5 1 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS 1.1 COMPLIANCE WITH SPECIFICATIONS OMISSIONS FROM IFB ALTERATIONS OF DOCUMENT CLERICAL ERRORS BID FORM AND SIGNATURE PREPARATION OF BID FORM CONDITIONAL BIDS SUBMISSION OF BIDS WITHDRAWAL OF BIDS LATE BIDS ONLY FIRM BIDS FOR AWARD BIDDER DISCOUNTS BID GUARANTEE SUBMISSION OF SAMPLES QUANTITY LIMIT HAZARDOUS MATERIAL BID CLARIFICATIONS, AMENDMENTS, AND APPROVAL EQUALS BRAND NAME DESCRIPTIONS OPENING OF BIDS, REJECTION, REJECTION, AWARD AND EXECUTION OF CONTRACT EVALUATION OF BIDS PROTEST PROCEDURES EQUAL EMPLOYMENT OPPORTUNITY UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) Rev. 9/ 99

6 1 INSTRUCTIONS TO BIDDERS 1.1 Compliance with Specifications. All bidders, by submitting their bids, agree to comply with all of the conditions, requirements, and Specifications of this Invitation for Bids ("IFB"), as stated or implied herein. 1.2 Omissions, Ambiguities, Inconsistencies in IFB. Should the GCRTA omit anything from this IFB which is necessary to a clear understanding of the work, or should it appear that the provisions of this IFB are ambiguous, inconsistent or in conflict, then the bidder shall secure written instructions from GCRTA at least five (5) days prior to the time and date of bid opening indicated in the Invitation for Bids. In the absence of a request for clarification, the bid will constitute an acceptance of that construction deemed most favorable to GCRTA. 1.3 Alteration of Documents. Bidder shall make no change in the language of the IFB. Any additions, conditions, limitations, or restrictions attached to the bid may render it non-responsive and cause its rejection. Additionally, any alteration, erasure, or interlineation of the bid may be cause for its rejection. 1.4 Clerical Errors. When it is clearly evident on the face of the bid document that an arithmetic error has occurred due to clerical and not judgmental mistake, the withdrawal of a bid may be permitted. The procedures set forth at O.R.C. Section 9.31 are incorporated here as though fully rewritten at this point and are to be followed in the event of such error. By submitting a bid, the bidder agrees that said statute does not limit GCRTA's rights or remedies. By failing to strictly adhere to the procedures of said statutes, the bidder waives its right to protest and its right to seek withdrawal for error. 1.5 Bid Form and Signature. Bids must be submitted on the Bid Form provided herein or a copy thereof. Bids submitted on any other form will be considered non-responsive and will be rejected. The Bid Form shall be signed by the individual or officer who is duly authorized to bind the bidder to the terms of its bid. 1.6 Preparation of Bid Form. The Bid Form must be filled out in all details, showing the bid price or prices. In case of discrepancy between the written price and that given in figures, the price in writing will be considered as the bid. In case of discrepancy between the unit price and the computed total price, the unit price will be considered as representing the bid. 1.7 Conditional Bids. Conditional bids or those which take exception to the Specifications will be considered non-responsive and will be rejected. 1.8 Submission of Bids. One copy of the completed and signed bid, including all required attachments, will be submitted for each solicitation in a sealed envelope not later than to the time specified and at the place specified in the IFB. The GCRTA will accept only one bid for the proposed item(s) to be supplied from any one bidder. No bid shall be accepted from and no contract will be awarded to any person, firm or corporation that is in default upon any obligation to the GCRTA or that otherwise may be deemed a nonresponsible bidder by the GCRTA. 1.9 Withdrawal of Bids. Bids may be withdrawn by written notice received at the Procurement Department no later than the exact time set for bid opening. Late withdrawals will not be permitted. Inst. to Bidders 1-1 Rev. 3/07

7 1.10 Late Bids. Receipt of bids at the time and place designated in this IFB, or as modified by addendum, is the responsibility of the bidder. All bids received in the office designated in the IFB after the exact time set for opening are "late bids" and shall not be considered unless received before contract award and: a. was sent by registered or certified mail only, not later than five (5) calendar days before the bid receipt date specified; or b. It is determined by the GCRTA that the late receipt was due solely to mishandling by the GCRTA Procurement Department after receipt at the location specified in the IFB. Late bids or withdrawal of bids that are not considered for award shall be held unopened, unless opened for identification, until after award and then returned to the bidder Bid Evaluation and Award Period. By submitting its bid, a bidder guarantees that the prices bid are firm for 60 days and that, if it is awarded a contract, the prices bid are the prices of the contract Bidder Discounts. Where a bidder offers a discount, the amount and terms of the discount must be clearly stated in the bid sheet. Bid prices will be compared on the basis of net price to the GCRTA after deduction for discounts if discount is applicable for pay period of 20 days and longer Bid Guarantee No bid will be considered unless accompanied by a certified check, cashier's check or Letter of Credit drawn on a solvent domestic bank or a bond issued by an approved bonding company in the amount of zero (0%) percent of the amount of the bid. Letters of Credit are to name GCRTA as beneficiary. The bid bond must affirmatively state that the issuer is licensed to write bonds in the State of Ohio. Said check, letter of credit, or bond shall be given as security that if the bid is accepted, a contract will be timely entered, its performance secured as hereinafter required, and the specified insurances provided Said bid guarantee shall be forfeited to GCRTA as partial damages if the successful bidder fails to enter into a contract, present a performance bond within ten (10) days of notice of award. The successful bidder's security will be returned after all of said acts have been timely performed. The security given by the unsuccessful bidders will be returned after the GCRTA successfully enters a written contract with the lowest and best bidder, properly secured and insured By submission of its bid, the bidder represents and warrants that it has sufficiently informed itself in all matters affecting the performance of the work or the furnishing of the labor, services, supplies, material, or equipment called for in the Specifications; that it has checked its bid for errors and omissions; that the prices stated in its bid are correct and as intended by it and are a complete and correct statement of its prices for performing the work or furnishing the labor, services, material, or equipment required. The bidder waives any claims for the return of its bid guarantee if for any reason it should refuse or fail to enter the written Contract Submission of Samples. Where the specifications require the submission of samples, bidder shall be prepared to submit or display samples in accordance with the terms of the specifications Quantity Limit. Not Applicable Inst. to Bidders 1-2 Rev. 3/07

8 1.16 Hazardous Material. If the product offered contains a suspect hazardous material, covered by the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard 29 CFR or City of Cleveland Right-To-Know Code #2704-B-83, submit as part of your bid the following: a. Material Safety Data Sheet (MSDS) for the product offered. b. Sample labels that will be affixed to each product container including: Chemical name Manufacturer's name and address Department of Transportation (DOT) label, if governed by DOT National Fire Protection Association (NFPA) 704 system label with flammability determination coding Carcinogen warning label, if product is a cancer suspect 1.17 Bid Clarifications, Amendments and Approved Equal The GCRTA reserves the right to postpone the bid opening for its own convenience and to reject any or all bids Changes to the Bid Documents will be made by addenda Requests for approved equals, clarifications of, and changes or exceptions to Bid Documents must be received by the Director of Procurement, GCRTA in writing not less than ten (10) days before date of scheduled bid opening. Any request for an approved equal, exception, or change to the Specifications must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal to the specified requirements. In addition, the results of any test requirements in the Specifications that pertain to an item under consideration for approved equal must be submitted with the request for approved equal. All written submissions addressing this IFB shall clearly identify the specific IFB provision in question to facilitate the GCRTA's review and response. Requests for changes or exceptions must include supporting documents demonstrating the basis for the change or exception Decisions of the GCRTA shall be reduced to writing by the Director of Procurement, and shall be final. Each bidder requesting an approved equal shall be notified in writing of the GCRTA's decision not less than five (5) days before date of bid opening. Any response from the GCRTA which changes the Bid Documents will be communicated to all bidders by addendum Brand Name Descriptions. Wherever brand, manufacturer, or product names are indicated in the Specifications, they are included only for the purpose of establishing identification and a general description of the item. Whenever a process is designated or a manufacturer's name, brand, or item designation is given, or whenever a process or material covered by patent is designated or described, it will be understood that the words "or approved equal" follow such name, designation, or description, whether or not, in fact, they do so follow. It should be understood that specifying a brand name component and/or equipment in the Specifications shall not relieve the bidder from its responsibility to furnish the product in accordance with the warranty and other contractual requirements. Where a brand name description is specified and the bidder does not propose to supply the brand name, it is his responsibility to seek an approved equal and supply the brand name or approved equal if awarded the contract Opening of Bids, Rejection, Award and Execution of Contract Opening of Bids. The bids will be opened at the time and place stated in the IFB. Bidders and interested parties are invited to be present at the opening. Any bid received after the date and time specified in the IFB will not be considered and will be returned to the bidder. Inst. to Bidders 1-3 Rev. 3/07

9 Rejection of Bids. The GCRTA may reject any and all bids, or part or parts of any bid as the interest of the GCRTA may require Award of Contract. The GCRTA reserves the right to award a contract or contracts within 60 days from the date of opening of bids. Bids shall remain valid for such period of time. Unless this IFB is cancelled or all bids are rejected, award will be made to the lowest responsive bid by a responsible bidder, price and other factors as may be set forth in these Bid Documents considered Time of Award of Contract. It is the intent of the GCRTA to make an award within sixty (60) days after bids are opened and to prepare and transmit Contract Documents within a reasonable time after award Time for Execution of Contract. The bidder to whom award is made shall execute a written contract with the GCRTA on the form of Contract as provided by the GCRTA within fifteen (15) days after receiving the contract for execution. If the bidder to whom award is made fails to enter into the Contract as herein provided, the award will be annulled. Any damages suffered by the GCRTA due to the Bidder's failure to execute the Contract shall be borne by said bidder. An award may, at the discretion of the GCRTA be made to the bidder whose bid is next most acceptable in the opinion of the GCRTA and such bidder shall fulfill every requirement herein as if it were the party to whom the award was first made Evaluation of Bids To be considered for award a bid must be responsive. To be responsive, a bidder must offer to perform each and every requirement imposed by the specifications and this IFB for a stated price. Bids which are incomplete, conditional, obscure or contain additional terms, conditions or specifications which, in the opinion of GCRTA, materially alter the terms, conditions or specifications of this IFB will be regarded as non-responsive. GCRTA reserves the right to waive minor defects in the bids To be considered for award, a bidder must be regarded as responsible. The term responsible refers to a bidder's integrity, compliance with public policy, record of past performance and financial and technical resources. A bidder must meet the following requirements: Adequate financial resources Bonding and insurance specified herein Adequate record of performance Concurrent business commitments will not prevent timely performance Adequate physical facilities and technical resources Affirmative Action Plan and DBE Plan compliance Be otherwise qualified and eligible to receive an award under applicable laws and regulations Should only one responsible bid by a responsible bidder be received by GCRTA, GCRTA reserves the right to negotiate price with that bidder Protest Procedures. Interested parties aggrieved by this solicitation or the award of any resulting contract may file a written protest with the Director of Procurement of GCRTA. The Director of Procurement of GCRTA will consider all protests submitted before bid opening, post-bid opening, or after award. Inst. to Bidders 1-4 Rev. 3/07

10 The protest must include at least the following information: Name, address and telephone number of protester Identification of the solicitation under protest A detailed statement of the legal and factual grounds of protest including reference to relevant documents A statement of the relief requested Protests Prior to Bid Opening. Protests addressing the adequacy of this IFB, including without limitation the pre-bid procedure, the instructions, general conditions, and specifications must be filed at the Procurement Department no later than five (5) days before the date set for opening of bids. Thereafter, such issues are deemed waived by all interested parties. Notice of a protest and the basis therefore will be given to all bidders. The date will be extended, unless the Director of Procurement determines that: The items to be procured are urgently required; or Delivery or performance will be unduly delayed by failure to make the award promptly, or Failure to make prompt award will otherwise cause undue harm to GCRTA or the Federal government Protests After Bid Opening. Following completion of bid evaluations and prior to award of contract, a bidder or subcontractor with a substantial economic interest in the award may submit a protest against the award. Such protest would generally address responsiveness of the offer of the recommended awardee, award to other than the apparent low bidder, or issues of a similar nature. Such protest must be filed within three (3) working days of the posting of a Recommendation of Award at the offices of the GCRTA Procurement Department. If the Director of Procurement decides that a protest lacks merit or that the award is to be made during the rendering of a protest, a written notice of the decision to proceed with the award will be given to the protestor and, as appropriate, to others concerned Protests After Award. Notice of Protest against award must be filed at the Procurement Department within five (5) days immediately following the award. The Contractor will be furnished with the Notice of Protest and the basis thereof. When it appears likely that an award may be invalidated or that a delay in receiving the supplies or services is not prejudicial to the GCRTA's interest, the Director of Procurement may suspend performance by the Contractor on a no-cost basis Decision on Protest. The Director of Procurement shall render his decision in writing within fourteen (14) working days from receipt of the written protest and shall provide notice of such decision to all interested parties Protest to FTA. Under certain circumstances, a protest may be made to the Federal Transit Administration (FTA) in accordance with FTA Circular D. These circumstances are generally limited to failure of a grantee to have a protest procedure, or failure to follow the grantee's written procedure. Inst. to Bidders 1-5 Rev. 3/07

11 1.22 Equal Employment Opportunity Equal Employment Opportunity Information Neither the bidders nor the selected contractor shall discriminate on the basis of race, color, national origin or sex in the performance of a resulting DOT-assisted contract. It must be submitted as (Attachment A-1) showing the utilization of minorities and women by job category within its organization Non-Discrimination Affidavit The bid/proposal also asks for all bidders to submit a notarized Non-Discrimination Affidavit assuring non- discrimination practices in the contractor s employment practices. It must be submitted as (Attachment A-2) assuring nondiscrimination in employment practices Employment Practices Goals GCRTA has an Affirmative Action Plan to ensure equality of opportunity in employment practices by firms contracting for goods and services with the Authority. All non-construction contractors are required to submit Attachment A-3 indicating the company s employment goals for this RTA project. Where the Contractor or subcontractor has fifty (50) or more employees and will be under contract with the GCRTA the price of which exceeds Fifty Thousand Dollars ($50,000) an Affirmative Action Plan must be submitted to the Affirmative Action Office of GCRTA within thirty (30) days after award. An acceptable Affirmative Action Plan with goals and timetables should be developed for the hiring of minorities and females for the next year, or duration of the GCRTA project, substantially meeting the requirements as set forth in Attachment A Affirmative Action Plan If Contractors and first tier subcontractors have an award price of $50,000 or more and employ 50 or more persons, then those Contractors are required to submit, in lieu of THE FORM IN Enclosure A-3, an Affirmative Action Employment plan for the project. This plan should include the following. 1. An Equal Employment Policy Statement for the employment of minorities and women. This statement must show how and to whom it is circulated, both internally (within your company) and externally (all sources used for recruitment), and must name the person responsible for the implementation of these policies. 2. Information showing the current utilization of minorities, women and handicapped persons 3. Goals and Timetables for hiring minorities and women for the duration of this contract, including: a. Total employees expected to be employed in each job category (use job categories shown on EEO-1 form). b. Group employees (by ethnicity and gender categories) expected to be employed in each job category. c. Labor market availability group information - availability of minorities and women in the specific industry or tasks involved on this project. With the exception of construction contractors, use this form to establish the goals required below. (Contact State Employment Office to get this information.) d. Number of expected job opportunities. If none expected, goals as required must still be established to allow for unexpected hiring. e. Goals - number and percent of minorities and women to be reached. Unless otherwise notified, the goals for construction contractors are 16% for minorities and 7% for women during the performance of the contract.a description of the method to be used for recruiting employees for the tasks of this project. These efforts must be substantiated by written documentation. Describe the method used to evaluate the program. Inst. to Bidders 1-6 Rev. 3/07

12 1.23 Disadvantaged Business Enterprise (DBE) policy and procedures The authority is committed to encouraging participation by Disadvantaged Business Enterprises (DBE) in contracts let by the Authority. It is the policy of the United States Department of Transportation, as adopted by the Authority, that socially and economically disadvantaged business enterprises, as defined at Title 49, Code of Federal Regulations, Part 26, shall be afforded an equal opportunity in the performance of the Authority s contracts or subsequent subcontracts resulting from this solicitation. In this regard, the bidders shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, and the Authority s DBE Program to ensure that the DBE obligation is met. The selected contractor shall not discriminate on the basis of race, color, national origin or sex in the performance off a resulting DOT assisted contract Definitions (a) (b) (c) "Disadvantaged business enterprise (DBE)" means a small business concern, which is at least 51 percent owned by one or more socially and economically disadvantaged persons or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals and whose management and daily business operation are controlled by one or more of the socially and economically disadvantaged individuals who own it. Socially and economically disadvantaged persons mean citizens of the United States (or lawfully admitted permanent residents) who meet the criteria set forth in 49 C.F.R. Section Certified DBE is a socially and economically disadvantaged firm that submitted a certification application and the appropriate forms to as well as received subsequent approval from the RTA Office of Business Development Contract goals and DBE participation The GCRTA has established a contract specific DBE goal of zero (0%) percent for the work to be performed under this contract. In order to meet the DBE requirements of 49 CFR Part 26, disadvantaged business enterprises will be afforded an opportunity to participate, to an extent reflective of their availability in the community, in the performance of contracts financed in whole or part with Federal funds under this agreement. Consequently, GCRTA determines a DBE participation goal in contracts with potential subcontracting opportunities. This DBE goal will remain applicable to the total contract dollar amount including any modifications. As noted in Instruction 7, Bidders are required to disclose their proposed level of DBE participation (expressed as a percentage of the proposed bid price) in the space designated on the bid form The transit vehicle manufacturers are exempt from the requirements outlined Attachment B, but must, as a condition for bidding, show evidence of FTA certification. A. DBE firm eligibility The DBE entities utilized toward the DBE participation goal on a contract should be certified by the Authority s Office of Business Development. The firms eligible for inclusion in the contractor s DBE plan must be certified prior to bid submission or the determination of best and final offer in a proposal. Consult the DBE Directory at or the Office of Business Development (OBD) of the Authority for assistance in ascertaining certified status of some DBEs. B. Counting DBE Participation When a DBE participates in a contract, you count only the v value of the work actually performed by the DBE toward DBE goals. 1. Count the entire amount of that portion of a construction contract (or other contract not covered by Paragraph (A)(2) of this section) that is performed by the DBE s own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor its affiliate). Inst. to Bidders 1-7 Rev. 3/07

13 2. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, toward DBE goals, provided you determine the feet be reasonable and not excessive as compared with fees customarily allowed for similar services. 3. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBEs subcontractor is itself a DBE. Work that a DBE subcontracts to a non-dbe firm does not count toward DBE goals. a) When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces toward DBE goals. b) Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. 4. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (when applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and of the relevant factors. A DBE does not perform a commercially if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. 5. To determine whether a DBE trucking company is performing a commercially useful function: a) The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goals. b) The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. c) The DBE receives credit for the total value of the transportation services it provides on the contract using the trucks it owns, insures, and operates using the drivers it employs. d) The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases the trucks from another DBE receives credit for the toal value of the transportation services the lessee DBE provides on the contract. e) The DBE may also lease trucks from a non-dbe firm, including an owneroperator. The DBE who leases trucks from a non-dbe is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. 6. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward the DBE goal. A manufactur is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. Inst. to Bidders 1-8 Rev. 3/07

14 7. Sixty percent of the total dollar value will be counted in the case of a DBE regular dealer that is not a manufacturer, provided that the DBE regular dealer performs a commercially useful function in the supply process to include brokers, etc., in accordance with 49 CFT Paragraph 2b. To be a regular dealer: a) the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. b) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business; if the person both owns and operates distribution equipment for long-term lease agreement and not on an ad hoc or contract by contract basis. c) Packagers, brokers, manufacturers, representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this paragraph. d) With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals SOLICITATION DBE REQUIREMENTS, TERMS AND CONDITIONS In addition to any other requirements contained in this solicitation, the following DBE Program requirements must be satisfied, solicitation must include a representation that: 1. The Bidder has met the goal established by the Authority for this procurement, and/or 2. The Bidder has made a good faith effort to attain the level of DBE participation sought by the Authority for this procurement Each proposer must include a statement in Enclosure B-1 of the level of DBE participation attained through such effort. This submittal is regarded as a matter of proposal responsiveness. Failure to make these submittals will serve to disqualify the proposal as non-responsive to this solicitation. A. DBE Participation Plan Each bidder should also prepare a complete DBE Participation Plan that sets forth the extent of DBE involvement in this procurement and will be considered in determining Bidder s responsibility. DBE participation plans shall include the following minimum information: 1. DBE Participation Schedule, (Enclosure B-2) which includes: a) Names and addresses of the DBE entities that will participate in the contract; b) The dollar amount of the participation of each named DBE; c) A description of the work each named DBE will perform; d) Letter of Intent (Enclosure B-3) from each DBE whose participation is proposed for the performance of this contract as a subcontractor or joint venture partner. The following standards shall be applied in assessing the responsibility of the DBE plan submitted: Whether the participation plan contains capable currently certified DBE firms. Whether the firms listed in the plan are performing a commercially useful function Whether the listed firms are sharing monetary benefit in proportion to their share of the work of the project. Whether the plan exhibits a likelihood of goal attainment. Whether the prime/sub relationships are firm, i.e., whether conditional subcontractors have been entered. Inst. to Bidders 1-9 Rev. 3/07

15 B. Good Faith Efforts If the DBE goal is not met, the Bidder must submit the good faith efforts it made to include DBE participation in the contract prior to bid submission. The documentation of the efforts is outlined below (which may include the submittal of Certificates of DBE Unavailability (Enclosure B-5/Schedule 19-C3) for each DBE which is not a proposed DBE participant which the bidder contacted regarding participation in this procurement). The standard by which the Authority will determine whether the efforts made by a Bidder were good faith efforts is whether such efforts made prior to bid submission or submission of the best and final offer on a proposal, could reasonably be expected to produce sufficient DBE participation to meet the goals set for this procurement. The Authority may consider all efforts advanced by the Bidder as well as the following: a) Did the contractor attend any scheduled pre-solicitation or pre-proposal meetings to inform DBEs of contracting and subcontracting opportunities? b) Did the contractor advertise in general circulation, trade association and minority-focus media concerning the subcontracting opportunities? If so, show documentation of the publications and when advertised. c) Did the contractor provide written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited, in sufficient time to allow the DBEs to participate effectively? If so, provide proof or a record of the solicitation(s). d) Did the contractor/supplier follow up with the DBE firms interested in participating? If so, show documentation of which DBEs contacted and when the followup occurred e) Did the contractor/supplier select portions of work to be done by DBEs (including dividing contracts into economically feasible units to facilitate participation)? f) Did the contractor provide adequate information about plans, specifications, and/or contracting requirements? g) Did the contractor negotiate in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons? Please indicate the DBEs that you attempted to contract with and the reasons for rejections. h) Did the contractor make efforts to provide assistance to obtain bonding, lines of credit, or insurance? i) Did the contractor effectively use the services of available minority and female organizations, contractors groups, state and local offices, etc., that have knowledge of available DBE firms or the names or organizations to locate such firms? If so, show documentation of these efforts, the organizations and the contact persons. C. DBE Modifications and Substitutions The contractor must receive the approval of GCRTA Office of Business Development before termination or making substitution for any subcontractors listed in its DBE plan. This Provision applies to all modifications and substitutions under this Contract. The Contractor will be required to comply with this Provision to the extent needed to achieve the DBE goals agreed to at the time of contract award. (a) If a prime contractor wishes to terminate or substitute a DBE subcontractor listed as fulfilling its contract goal, and then performs the work of the terminated DBE subcontractor with its own forces, an affiliate, a non-dbe subcontractor or with another DBE subcontractor, it must submit written documentation prior to the termination or substitution of the DBE subcontractor to the Office of Business Development. This will include any changes to items of work, material, services, or DBE firms that differ from those identified on the Intent to Perform form(s) on Inst. to Bidders 1-10 Rev. 3/07

16 file. The Bidder/Contractor must provide any and all documentation and information as may be requested with respect to the requested change. (b) The Bidder's/Contractor s documentation shall include the specific reasons for the proposed change. Specific reasons that are acceptable include, but are not limited to: the DBE was not able to perform; the DBE was unable to produce acceptable work; and/or the DBE has submitted an unreasonable escalation in price. In the case of a DBE subcontractor being substituted by another DBE subcontractor, the Contractor should include the name, address, certification number and principal office of the proposed DBE firm. After careful review, the Office of Business Development will approve or disapprove the change. (c) If the change involves a subcontractor substitution, the Bidder/Contractor must make good faith effort to replace one DBE with another DBE. The substitute DBE firm must be certified by the RTA in order for the Bidder/Contractor to receive credit toward fulfilling its DBE participation goal for the contract. In the event that the Bidder/Contractor is unable to contract with another DBE firm, good faith effort documentation must be provided to the Office of Business Development describing the unsuccessful attempts to locate a substitute DBE. In all situations, the Contractor may not terminate or substitute a DBE subcontractor without the prior written consent. (d) The Bidder/Contractor must submit a new Intent to Perform form for the substitute DBE firm(s) with the request for change to verify that the new DBE firm(s) is certified by the RTA. The Contractor shall provide a copy of the executed subcontract agreement with the proposed DBE firm to the Office of Business Development within five (5) business days of its receipt of the substitution approval. (e) If the change involves a modification, the Contractor must submit, if applicable, the Intent to Perform form specified for contract modifications for any DBE subcontractor affected by this change. This form may be obtained from the Office of Business Development or see Enclosure B-3. (f) If the Contractor does not comply with this Provision, the Authority may elect to apply contract remedies as defined in 49 CFR Part 26, or other contract remedies, as appropriate. Additionally, the Office of Business Development may recommend that the profits from the terminated portion of the DBE subcontract be forfeited by the Contractor The Authority may at any time prior to award seek clarification or additional information bearing upon bidder responsibility in respect of DBE involvement with this procurement. If sought, such information must be strictly confined to matters of bidder responsibility and must be received by the Authority within two (2) days of the date request therefore is made In the event a contract is awarded, the DBE Participation Plan submitted by the successful bidder and the terms, conditions and requirements contained in this solicitation shall become an integral part of the contract, binding said bidder to full and faithful performance in accordance with said plan Contract Compliance DBE Payment Compliance Report and Site Visits a) During the performance of any resulting contract and for a period of up to three (3) years following completion of the contract work the Authority may initiate reviews for compliance with the requirements of the Authority's DBE Program and the successful Contractor s DBE Participation Plan. Such reviews may involve the review of monthly invoices, the DBE Payment Compliance Report forms, desk audits and/or onsite reviews. b) Concurrently with the submission of the invoice or each request for a progress payment under this contract, the Contractor shall provide on the DBE Payment Compliance Report form (Enclosure B-5) a breakdown of the amounts paid to date to Inst. to Bidders 1-11 Rev. 3/07

17 DBEs identified by the Contractor to participate on this Contract. As provided elsewhere in this Contract, the Authority may withhold all or part of any progress payment otherwise due the Contractor if the Contractor fails to submit the DBE Payment Compliance Report form and/or make prompt payments according to RTA procurement procedures to its subcontractors, suppliers, materialmen or laborers Any award resulting from this procurement competition shall be and is conditioned upon the attainment of the aforesaid goals or the satisfactory showing of good faith efforts to attain said goals Where a Contractor is found by the Authority to have failed to comply with the requirements of the DBE Program or the Contractor s DBE Participation Plan, the Contractor will be required to take corrective action. If corrective action is not promptly taken by the offending Contractor, the following sanctions may be imposed (singly, in any combination, and in addition to any other remedies provided by law or equity): 1. The Authority may withhold all further payments under the contract. 2. The Contractor may be ordered to stop work 3. The contract may be terminated for breach. 4. Suspension or debarment proceedings may be commenced in accordance with 49 CFR, Part The Director of Procurement may find the defaulting contractor non-responsible in respect to other solicitations for a stated period of time. 6. The contract payments may be reduced by an amount equal to that designated in the DBE plan for DBE participation. 7. The relevant performance bond(s) may be enforced. Inst. to Bidders 1-12 Rev. 3/07

18 2 GENERAL TERMS AND CONDITIONS CONTENTS - ATTACHMENTS Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I REQUIREMENTS CONCERNING EEO AND AFFIRMATIVE ACTION ENCLOSURE A-1 ENCLOSURE A-2 ENCLOSURE A-3 ENCLOSURE A-4 ENCLOSURE A-5 DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION ENCLOSURE B-1 ENCLOSURE B-2 ENCLOSURE B-3 ENCLOSURE B-4 ENCLOSURE B-4A BIDDER S AFFIDAVIT DELINQUENT PERSONAL PROPERTY TAX STATEMENT BUY AMERICA CERTIFICATE CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY PROCUREMENT INTEGRITY CERTIFICATION RESTRICTIONS ON LOBBYING SECURITY CERTIFICATION

19 NON-CONSTRUCTION SMALL PURCHASE TERMS AND CONDITIONS These Terms and Conditions, specifically for Non-Construction Small Purchase procurements, are an essential part of this Purchase Order ( Order or Contract ). Acceptance of this Order is acceptance of these Terms and Conditions, which may supersede and replace any and all terms and conditions offered by Seller/Contractor, without exception. 1. Seller s Obligation. The general obligation of the Seller shall be to transfer and deliver the goods and services specified in accordance with the terms, conditions, and specifications of the solicitation. 2. Buyer s Obligation. The general obligation of the Greater Cleveland Regional Transit Authority ( GCRTA ) shall be to accept conforming delivery and conforming goods and services and to pay in accordance with the terms, conditions and specifications. 3. Indemnification. To the fullest extent permitted by law, the Seller shall, at his sole cost and expense indemnify, defend, and satisfy all judgments and hold harmless the GCRTA and its agents, representatives and employees from and against all claims, actions, judgments, costs, penalties, liabilities, damages, losses and expenses, including but not limited to attorney s fees and worker s compensation benefits arising out of or resulting from the performance of this Contract. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 4. Patents. Seller shall pay all royalties and license fees attributable to the use of goods, materials, equipment or processes used to perform its obligations hereunder and, if it cannot timely secure the right for GCRTA to use them, it shall provide GCRTA equivalent non-infringing replacements at no additional cost to GCRTA. Seller agrees to defend and hold harmless the GCRTA from and against all claims of infringement 5. Warranties. Seller warrants that for a period of one (1) year (or for such longer period as prescribed by the specifications or commercially offered by the manufacturer or Seller) following first use of the goods and services delivered hereunder, the goods and services are free of defects in materials and workmanship and further warrants that such goods and services are suited for the particular purpose(s) intended and are of merchantable quality. Seller further warrants that it holds good and marketable title in the goods delivered, and that such goods are free of all liens, security interests or other encumbrances. Seller agrees that in the event the goods or services are not as warranted, it will promptly cure the defect at Seller s sole cost and expense. Seller further agrees to indemnify GCRTA for all costs and damages, both incidental and consequential, resulting from the delivery of goods and services that fail to meet the aforesaid warranties. It is agreed that the goods and services provided hereunder are regarded as consumer goods and services. 6. Quantity and Quality. Seller agrees to deliver goods and services of the kind and quality specified and in the quantities specified. In the case of a requirements Contract, the solicitation specifies estimates of the GCRTA s needs for the Contract duration. It is agreed that such estimates are not to be considered firm requirements. Actual requirements may exceed or be less than these estimates. 7. Delivery. Seller shall tender delivery in the manner and at the place and time specified in the solicitation. All deliveries are to be F.O.B. destination, or as otherwise designated on the bid form by GCRTA. It is agreed that the bid prices include freight. 8. Debarment & Suspension. For any transaction of $25,000 and above, Seller must disclose to GCRTA any debarment and/or suspension. 9. Covenant Against Contingent Fees. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission or contingent fee, except a bona fide established commercial or selling agency maintained Non-ConstructionSmPur T&C s Page 1 of 5 Rev. May 2012