San Luis Obispo Regional Transit Authority

Transcription

1 San Luis Obispo Regional Transit Authority REQUEST FOR PROPOSALS Purchase and Installation of Transit Ticket Vending Machines ISSUING OFFICE: San Luis Obispo Regional Transit Authority 179 Cross Street San Luis Obispo, CA Release Request for Proposals (RFP) January 27, 2016 Pre-Proposal Conference (2:00 p.m. PST) February 5, 2016 Submit Questions & Clarifications (4:00 p.m. PST) February 16, 2016 Proposals Due (4:00 p.m. PST) February 29, 2016 Pre-Award Survey and Screening March 4, 2016 Selection of Proposer March 8, 2016

2 Table of Contents PUBLIC NOTICE 1 PROPOSERS CHECK LIST 2 SECTION 1 4 INSTRUCTIONS AND CONDITIONS INSTRUCTIONS AND CONDITIONS FOR THE REQUEST FOR PURCHASE AND INSTALLATION OF TRANSIT TICKET VENDING MACHINES PURPOSE AND SCHEDULE PURPOSE SCHEDULE EXISTING CONDITIONS GENERAL DESCRIPTION VEHICLE FLEET FACILITIES TECHNOLOGY AND INFRASTRUCTURE ELECTRONIC FARE EQUIPMENT CONDITIONS SINGLE PROPOSER REQUIREMENTS ADHERENCE TO PROPOSAL FORM COMPENSATION PROJECT COORDINATION AND KEY PERSONNEL QUALIFICATIONS REQUIRED SUBMITTAL REQUIRED CONTENTS OPERATIONAL COST ANALYSIS AWARD PRE-CONTRACTUAL EXPENSES VERBAL AGREEMENT OR CONVERSATION SPECIAL FUNDING CONSIDERATIONS ALTERNATIVES AND EXCEPTIONS NON-EXCLUSIVITY OF CONTRACT RESERVED ISSUING OFFICE AND POINT OF CONTACT CONTRACT 14

3 PROPOSAL DUE DATE DISCLOSURE OF OWNERSHIP REQUIRED FEDERAL CLAUSES ENERGY CONSERVATION RESTRICTIONS ON LOBBYING ACCESS TO AND INSPECTION TO RECORDS FEDERAL CHANGES RECYCLED PRODUCTS NO OBLIGATION BY THE FEDERAL GOVERNMENT PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS TERMINATION NON-COLLUSION GOVERNMENT-WIDE DEBARMENT AND SUSPENSION COMPLIANCE WITH THE PRIVACY ACT CIVIL RIGHTS REQUIREMENTS PROTEST AND DISPUTE DISADVANTAGE BUSINESS ENTERPRISE (DBE) ADVISORY FEDERAL TRANSIT ADMINISTRATION TERMS LIQUIDATED DAMAGES PROGRESS PAYMENTS PROHIBITIVE INTERESTS FINANCIAL STATEMENTS CONFLICT OF INTERESTS BUY AMERICA OTHER REQUIRED CLAUSES: PROPOSER S REPRESENTATION CERTIFICATION OF ELIGIBILITY PROPOSAL ACCEPTANCE AND REJECTION SINGLE PROPOSAL GOVERNING LAW TERM OF CONTRACT INSURANCE SELECTION CRITERIA SELECTION PROCESS 31

4 SECTION 2 DRAFT AGREEMENT PURPOSE SCOPE-OF-WORK TERM OF CONTRACT COMPENSATION AND METHOD OF PAYMENT CONTROL INTEGRATION/MODIFICATIONS OF AGREEMENT CONTRACT ASSIGNMENTS COMMUNICATIONS OWNERSHIP OF DOCUMENTS WORKER S COMPENSATION CONTRACTOR S EMPLOYEE RESPONSIBILITIES INSURANCE PRIME CONTRACTOR RESPONSIBILITIES HEADINGS RETENTION OF RECORDS INDEMNIFICATION ADDITIONAL SERVICES CHANGES IN SCOPE-OF-WORK CONFLICTING USE LIAISON LIQUIDATED DAMAGES WAIVERS SEVERABILITY ENERGY CONSERVATION RESTRICTIONS ON LOBBYING ACCESS TO AND INSPECTION TO RECORDS FEDERAL CHANGES RECYCLED PRODUCTS NO OBLIGATION BY THE FEDERAL GOVERNMENT PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS TERMINATION 44

5 32. NON-COLLUSION GOVERNMENT-WIDE DEBARMENT AND SUSPENSION COMPLIANCE TO THE PRIVACY ACT CIVIL RIGHTS REQUIREMENTS DISPUTE DISADVANTAGE BUSINESS ENTERPRISE (DBE) ADVISORY FEDERAL TRANSIT ADMINISTRATION TERMS CONTRACTOR S REPRESENTATION CERTIFICATION OF ELIGIBILITY GOVERNING LAW INTEREST OF MEMBERS OF, OR DELEGATES TO CONGRESS PROHIBITIVE INTERESTS CONFLICT OF INTERESTS FLY AMERICA CARGO PREFERENCE CLEAN WATER CLEAN AIR BUY AMERICA 50 SECTION QUANTITY AND LOCATION REQUIREMENTS & DELIVERABLES OPERATIONAL COST ANALYSIS DATA SYSTEM REQUIREMENTS INSTALLATION COMPLETE SYSTEM CONDITION OF PROPOSED EQUIPMENT DOCUMENTATION, TECHNICAL ASSISTANCE, AND MAINTENANCE SYSTEM HELP CORRECTIVE MAINTENANCE DRAWINGS, OPERATIONAL INSTRUCTIONS & MANUALS TRAINING WARRANTY WARRANTY SCOPE OF WARRANTY REPAIRS 69

6 EXTENSION OF WARRANTY LICENSING AND OWNERSHIP SOFTWARE LICENSES DELIVERY AND IMPLEMENTATION SCHEDULE BRANDING 73 SECTION 4 75 FORMS 75 PROPOSAL FORM 1 77 PROPOSAL FORM 2 78 ADDENDUM RECEIPT 78 SECTION 5 - REQUIRED CERTIFICATIONS 79 CERTIFICATION OF RESTRICTIONS ON LOBBYING 81 CERTIFICATION OF NON-COLLUSION 83 ELIGIBILITY 85 AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND NON-COMPETITIVE PRACTICES 87 CERTIFICATION CONCERNING CONTROL OF PROPOSER S EMPLOYEE 89 LOCATION INFORMATION 95 FUNCTIONAL MATRIX/TECH SPECS 97

7 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 1 PUBLIC NOTICE REQUEST FOR PROPOSAL FOR PURCHASE AND INSTALLATION OF TRANSIT TICKET VENDING MACHINES The San Luis Obispo Regional Transit Authority (RTA), located on the California central coast, operates a public bus fixed route service and complementary paratransit services within and adjacent to San Luis Obispo County. RTA invites proposals for purchase and installation of one (1) transit ticket vending machine system, with the option of up to six (6) additional ticket vending machines. RTA seeks proposals from qualified firms with strong experience in all aspects of electronic revenue collection and management systems for public transit operations, fare revenue collection best practices, fare revenue security, etc. Proposal packages may be obtained by ing your request to the project manager listed below. Please include your company name, street address, phone, fax, and address, along with the name of the RFP you are requesting. For additional information, please contact Michael Seden-Hansen, Special Projects Coordinator, at (805) X1147 or via at mseden-hansen@slorta.org. All prospective proposers are invited to attend a non-mandatory pre-proposal meeting to be held on Friday, February 5, 2016, at 2:00 p.m. PST, in the upstairs conference room of the RTA operations facility located at 179 Cross Street, San Luis Obispo, CA. ALL PROPOSALS MUST BE RECEIVED BY RTA 4:00 P.M. PST, ON MONDAY, FEBRUARY 29, 2016 NO PROPOSALS WILL BE ACCEPTED AFTER THIS TIME AND DATE. PROPOSALS WILL REMAIN SEALED AND UNOPENED. PROPOSALS WILL NOT BE PUBLICLY OPENED. Proposing firms must not be on the Comptroller General s list of ineligible proposers. The Proposer will be required to comply with all applicable Equal Employment Opportunity Laws and Regulations. Disadvantaged Business Enterprises will be afforded full opportunity to submit proposals in response to this Request for Proposals and will not be subjected to discrimination on the basis of race, color, sex, or national origin in consideration for an award. All correspondence shall be in writing and directed to: Michael Seden-Hansen San Luis Obispo Regional Transit 179 Cross Street, Suite A San Luis Obispo, CA (805) mseden-hansen@slorta.org

8 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 2 PROPOSERS CHECK LIST Instructions. Each proposal submitted shall include the items listed below. The following list is for convenience ONLY. Proposers are entirely responsible for the submission of a properly executed proposal, and should carefully read the entire specification package in order to be fully aware of all requirements. Failure to comply in all respects may result in rejection of a proposal as non-responsive. SUBMITTED YES NO PROPOSER S CHECK LIST Organization Information Background, References, and Similar Projects Statement of Qualifications Performance Monitoring and Quality Control Work and Implementation Plan Product and Solution Project Schedule Signature Authority Personnel Pricing Proposal per Form 1 Insurance Coverage Insurance Certificate RFP Addenda Financial Statements Form 1: Pricing Proposal Form 2: Addendum Receipt Certification 2.1: Restrictions on Lobbying Certification 2.2: Non-Collusion Certification 2.3: Eligibility Certification 2.4: Conflict of Interests Certification 2.5: Control of Proposer s Employees Certification 2.6: Buy America Certification 2.7: DBE

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10 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 4 SECTION 1 INSTRUCTIONS AND CONDITIONS

11 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e INSTRUCTIONS AND CONDITIONS FOR THE REQUEST FOR PURCHASE AND INSTALLATION OF TRANSIT TICKET VENDING MACHINES. 1.1 Purpose and Schedule Purpose The San Luis Obispo Regional Transit Authority (referred as RTA hereinafter), located on the California Central Coast, provides intracity and intercity fixed route, as well as demand response services, within and adjacent to San Luis Obispo County. This request for proposals describes the responsibilities of the Proposer for the purchase and installation of Transit Ticket Vending Machines Schedule The tentative procurement schedule is illustrated below: Task Date Release Request for Proposals (RFP) January 25, 2016 Pre-Proposal Conference (2:00 p.m. PST) February 5, 2016 Submit Questions & Clarifications (4:00 p.m. PST) February 16, 2016 Proposals Due (4:00 p.m. PST) February 29, 2016 Pre-Award Survey and Screening March 4, 2016 Selection of Proposer March 8, Existing Conditions General Description RTA was created in 1989 through creation of a Joint Powers Authority, to provide regional management for fixed-route transportation services, as well as the regional paratransit service (Runabout). Runabout, although established in 1977, became the sole Americans with Disabilities Act (ADA) complementary paratransit provider in 2001 for all fixed route services in San Luis Obispo County. RTA s service area includes all of San Luis Obispo County and extends into the northern part of Santa Barbara County (Santa Maria). The RTA Board of Directors consists of a representative from all of the cities in which transportation services are provided, as well as all five San Luis Obispo County Supervisors. These cities consist of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo. In August 2009, RTA assumed direct operation and maintenance of all fixed route and Runabout services; prior to then, RTA contracted with private companies for services. RTA provides administration and vehicle maintenance for South County Transit, which operates local fixed-route services in the cities of Pismo Beach, Grover Beach and Arroyo Grande, as well as the nearby unincorporated area. Similarly, Paso Express local fixed-route services are fully-operated, administered and maintained by RTA. Both South County Transit s and Paso Express fare systems are fully-integrated into RTA s.

12 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 6 RTA s intercity service operates out of four transfer facilities: a. San Luis Obispo Government Center, RTA s primary passenger facility. This location provides RTA Route 9, Route 10, Route 12 and Route 14 connections to SLO Transit local fixed-route services. b. Pismo Premium Outlets transfer facility, with hourly RTA Route 10 connections to South County Transit local fixed-route services (Routes 21, 24 and Avila Beach Trolley). c. Morro Bay transit center, with RTA Route 12 and Route 15 connections to Morro Bay Transit local deviated fixed-route services. d. Paso Robles Train Station transfer facility, with hourly RTA Route 9 connections to Paso Express local fixed-route services and Monterey-Salinas Transit Route 83 intercity services. In addition, South County Transit operates out of a passenger facility at Ramona Garden Park in Grover Beach. All three SCT fixed-route serve this facility hourly, while only SCT Routes 21 and 24 serve the Pismo Premium Outlets facility mentioned above. In FY , RTA boarded 765,559 passengers on its fixed-route services, while the Paso Express boarded 105,483 passengers and South County Transit boarded 232,708 passengers. In total, all of the fixed-route services managed my RTA boarded 1,103,750 passengers last year, representing the primary target market for the TVM project. SLO Transit, which operates seven fixed-routes and a downtown Trolley, carried 1,028,538 passengers in FY , although approximately 60% are provided prepaid fare-free access through SLO Transit s funding agreement with the Cal Poly campus and those riders would not likely use TVMs unless those passenger choose to ride on RTA or other transit vehicles in the county, which are not included in the Cal Poly fare-free funding agreement.

13 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e Vehicle Fleet RTA s fixed-route fleet (including South County Transit s and Paso Express subfleets) use GFI Odyssey electronic fareboxes. The combined 38 fixed-route vehicles are summarized in the table below. Body Style 1 # of Vehicles Size Year Mfr Fuel Seats Service Fixed Gillig Diesel 37 L Route 8 Fixed 35* 2015 Gillig Diesel 32 L Route 1 Fixed Gillig Diesel 38 L Route 7 Fixed 35* 2013 Gillig Diesel 32 L Route 3 Fixed 32* 2013 Eldorado Diesel 29 H Route 6 Fixed Eldorado Diesel 37 L Route 1 Fixed Starcraft Gas 20 C Route 2 Fixed 35* 2010 Eldorado Diesel 34 L Route Gillig Diesel 43 H Fixed Route 2 Fixed Gillig Diesel 43 H Route 6 Fixed 35* 2003 Gillig Diesel 35 H Route 2 TOTAL 40 1 C=Cutaway, H=High Floor, L=Low Floor, *=Operated by SCT or Paso Express SLO Transit s 16 fixed-route buses also use GFI Odyssey fareboxes Facilities RTA s Bus Operations and Maintenance Facility is located at 179 Cross Street in San Luis Obispo. This facility was constructed in This facility is composed of operations offices, maintenance bays and bus staging, parking, and dispatching for most RTA vehicles and employees, and other amenities. RTA operates a park-out facility at the Paso Train Station, including offices and restrooms for on-site employees. In addition, RTA partners with South County Transit for a park-out facility in Arroyo Grande Technology and Infrastructure RTA contracts with Mustang Computers for desktop services and other technology needs. Mustang Computers will be available to RTA as a Contractor for this RFP. RTA is in the process of installing a comprehensive GPS-based computer aided scheduling and arrival prediction system for fixed-route operated/managed by

14 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 8 RTA. This system is being implemented by Connexionz and should be ready for beta testing by the end of summer 2015 on all RTA, SCT and Paso Express services. This system will be hosted in the cloud by Connexionz. RTA currently utilizes RouteMatch version for computer aided scheduling for its demand response services (including the Route 15 route-deviation service operated along the North Coast between Morro Bay and San Simeon). Mobile data terminals are used for dispatching and manifesting trips. This system is hosted in the cloud by RouteMatch. RTA s server infrastructure is located at RTA s operating facility at 179 Cross Street in San Luis Obispo. The GFI infrastructure consists of the Main GFI server Running Windows 7 64Bit on a standalone machine Electronic Fare Equipment RTA uses General Farebox (GFI) Odyssey fareboxes, and the GFI Data System 7 (version ) for centralized data management and transaction storage. RTA also uses the mobile cash vaults that are manufactured by GFI. 1.3 General Scope of Work Refer to Section Conditions Single Proposer Requirements RTA desires to contract with one independent Proposer. The Proposer shall not assign or transfer any portion of this contract to an agent or third party without prior written consent of RTA Adherence to Proposal Form All proposals are to be prepared in strict conformity with these instructions and submitted on the forms requested. Unacceptable conditions, limitations, provisos, or failure to respond to specific instructions or information requested in the RFP may result in rejection of the proposal. RTA also reserves the right to: accept any proposals; reject any or all proposals; negotiate with all proposers whose proposals are considered to be within the competitive range ; reject proposals which are not considered to be within the competitive range, or which show evidence of poor past performance, or which have major deviations from RTA s specifications; and accept a proposal which has only minor deviations; postpone the proposal due date and/or cancel the solicitation; or to contract on such basis as it deems to be in the best interest of RTA, including splitting the award between two or more proposers. In particular, proposers, by submitting a proposal agree to any and all terms of the draft agreement in Section Compensation In no event shall the total compensation and reimbursement for expenses to be paid to Proposer exceed the sum of the amount awarded to the successful Proposer.

15 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e Project Coordination and Key Personnel The selected firm (hereinafter referred to as Contractor ) will report to the Special Projects Coordinator. RTA may convene a working group to provide input in the development of the Ticket Vending Machines system Qualifications Respondents to this Request for Proposal should possess the qualifications listed below as a minimum: a. Prior experience in installing transit ticket vending machines for similar transit operations. b. Prior experience in coordinating with transit agency technology departments with similar infrastructure including hardware and software at multiple locations. c. Knowledge of current and emerging technologies compatible to the scope of work and RTA s infrastructure. d. Ability to complete the scope of work within budget. e. Knowledge of electronic revenue collection and management systems. f. Knowledge of fare revenue collection best practices. g. Knowledge of fare security and audit systems. h. Effective internal management with standard practices for assuring quality control, and meeting deadlines. i. Ability to communicate effectively with elected officials, staffs from multiple public jurisdictions, business community, and the public Required Submittal Proposers are required to submit one original and seven (7) copies of the proposal to: Ticket Vending Machine Procurement San Luis Obispo Regional Transit Authority 179 Cross Street, Suite A San Luis Obispo, CA In addition, a non-password protected PDF of the proposal document shall be submitted on a CD-ROM

16 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 10 All signatures received by RTA associated to this RFP and Contract shall be in BLUE INK on original submittal, forms, certifications, communications, and associated documents and correspondence. PROPOSERS ARE REQUIRED TO LIMIT THEIR PROPOSAL PACKAGE TO NO MORE THAN 40 PAGES Required Contents Organization Information Proposers shall include a description of the following: name of firm; business address, telephone numbers, and names titles of responsible parties who may be contacted by RTA during evaluation period; year business was established; firm s organizational structure; experience; history; legal status (i.e., partnership, corporation, etc.); capabilities; financial solvency; list of owners and officers, and management philosophy. Particular attention to management philosophy is very important since we are interested in how you intend to manage and interact with RTA staff Background, References, and Similar Projects List all of the contract services of similar operation that your firm has provided during the preceding five (5) years, including the name of the agency, company or entity, contact person and phone number(s) Statement of Qualifications Submit the qualifications, background and availability of key management personnel. Describe Proposer s approach and philosophy to minimize employee turnover and to maintain a stable work force. Describe any other management personnel and supervisory positions, including an organization chart that will participate in the performance of this contract Cost Proposal A cost proposal for each phase of the Scope of Work shall be submitted, showing how contractual costs, including labor, materials, and time would be allocated, indicating task, the individual personnel costs and hourly rate, travel, printing, and other expenses. A fixed price contract shall be used. Such cost proposal shall be presented on Form 1 in Section Performance Monitoring and Quality Control A task summary indicating how the Contractor plans to perform the project is required. Completion of work shall be on time and according to the project schedule. The schedule should provide specific milestones for the project. In addition, the Proposer shall submit a Quality Control Program describing how your firm intends to meet the requirements. Proposers should describe the procedures for testing the system during each phase of the implementation, including the test documentation to be provided to RTA. The Proposer will provide on-site testing during and after the completion of the installation of the system. Reports of the

17 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 11 testing will include a description of all tests performed, the results obtained, and any required modification required as a result of the testing. The Proposer will provide on-site technical support during the installation process as well as during the time period that RTA will implement live with the new system. The Proposer should describe the support that will be provided to RTA for the first year of operation of the system (from the date of full implementation). Proposers should describe, in detail, the installation/start-up and post-implementation support to be provided to RTA. At a minimum, the following performance requirements should be described and any variables affecting performance should be explained. As a part of the evaluation, RTA may require the Proposer to demonstrate its TVM s performance. a. Ability to receive payment in the form of cash, coin, credit card, and debit card. b. Dispense passes, tokens, smart cards, and change. c. Issue receipts. d. User-friendly. e. Provide instruction in both English and Spanish. The Proposer should also include a description of the system redundancy features to ensure system availability and prevent a system shut down from a single point of failure. System availability should be at least 99.95% Work and Implementation Plan and Project Schedule Submit a Detailed Work Plan describing how your firm intends to provide the services Paragraph 1.3. Describe the technical approach to be taken for the work required. Provide a clear explanation of how the work will be organized, including a block diagram showing the name of the committed team members, how they will interact, and the intended level of involvement for each team member. The Work Plan shall include a schedule of deliverables. The firm s qualifications, including a resume of the firm(s) experience on related or similar projects shall be included, and names and telephone numbers of client references. Brief resumes of experience of key personnel should be included in the proposal. If sub-contractors, joint ventures or both are contemplated, identify and describe the entire team, including qualifications, experience and references and specifically identify the intended lead of prime Proposer.

18 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e Proposed Solution and Product The Proposer shall also describe in detail of its solution and strategy to meet the requirements and conditions in the scope of work. The Proposer shall submit the product, list and description of the equipment, hardware, software of its solution, and other necessary requirements Insurance Coverage Proposer must submit insurance coverage that complies with the requirement Paragraph Signature Authority Proposals shall be signed by an officer authorized to bind the proposer and shall contain a statement to the effect that the proposal constitutes a firm offer for at least (90) days from the last day of receipt of proposals set forth herein Required Forms and Certifications Submit all required forms and certifications in Section Insurance Certificate A certification of the required insurance indicated in the contract RFP Addenda Any changes to the Request for Proposals (RFP) requirements will be made by addenda. All addenda shall be signed and attached to the respective Proposal Form. Failure to attach any addenda and a complete Form 2 in Section 4 shall cause the proposal to be considered nonresponsive. Such proposals will be rejected Financial Statements and Status Last three (3) years audited financial statements. Failure to include financial statements may result in rejection of proposal. If proposer wishes this information not be shared under a public document request, the proposer should clearly mark each page CONFIDENTIAL Payment Schedule At its sole discretion, RTA may issue progress payments to the vendor based on successful accomplishment of major milestones. Proposers shall indicate a proposed schedule for payments, linking payment milestones to specific elements contained in the implementation section of their proposal. This payment schedule must be part of the proposal submittal for RTA to consider Operational Cost Analysis Proposers shall submit analysis detailing the costs associated with operating and maintaining the proposed system. Analysis shall include the following: annual cost of maintaining software (i.e., including updates and upgrades), annual cost of maintaining hardware (include hardware upgrades), initial training costs, annual training costs, annual costs of option maintenance agreements, etc. Analysis shall include labor hours,

19 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 13 hourly costs, travel expenses, full time equivalent personnel, etc. The analysis shall include staffing and expertise requirements of maintaining the system and the associated costs. Proposers shall also provide a matrix consisting of analysis comparing RTA with other organizations or transit agencies of comparable size and structure. Proposers shall also provide three (3) hard copies of hard documentation of system and CD of documents of system in PDF format. The documentation shall also suggest the level of expertise required for maintaining the system Award RTA reserves the right to withdraw this RFP at any time without notice. Further, RTA makes no presentations that any agreement will be awarded to any proposer responding to this RFP Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by proposers and selected Proposer in: a. Preparing proposal in response to this RFP. b. Submitting proposal to RTA. c. Negotiations with RTA on any matter related to proposal. d. Other expenses incurred by Proposer prior to date of award for any agreement, and/or to the notice to proceed. In any event, RTA shall not be liable for any pre-contractual expenses incurred by any proposer or selected Proposer. Proposers shall not include any such expenses as part of the price proposed in response to this RFP. RTA shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by or on behalf of any person or organization responding to this RFP Verbal Agreement or Conversation No prior, current, or post award verbal agreement(s) with any officer, agent or employee of RTA shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement Special Funding Considerations Any contract resulting from this RFP will be financed primarily with funds available under Articles 4.0 of the California Transportation Development Act (TDA), State of California Proposition 1B, Federal Transit Administration Section 5307 and/or Section The contract for this service is contingent upon the receipt of these funds. In the event that funding from this source is eliminated or decreased, RTA reserves the right to terminate any contract or modify it accordingly.

20 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e Alternatives and Exceptions Except where clearly identified in this RFP as an option, Proposers may not submit alternative proposals other than provided for in this RFP, or take exception or make alterations to any requirements of the RFP. If more than one complete proposal is received from one organization or alterations made thereto, all proposals from that organization will be rejected as non-responsive. Since RTA desires to enter into one contract to provide all services, only those proposals to provide all services will be considered responsive Non-Exclusivity of Contract It shall in no way be construed that any contract to be awarded hereby is or shall be the sole or exclusive contract for transit service into which RTA may enter. The Proposer has no exclusive rights granted per a contract Reserved Issuing Office and Point of Contact The issuing office of this RFP is: San Luis Obispo Regional Transit Authority 179 Cross Street San Luis Obispo, CA Please address questions and request for clarification in writing by TUESDAY, FEBRUARY 16, 2016, 4:00 p.m. PST. Any verbal communication and/or conversation shall not be deemed official and shall not be considered. Any question or request for clarification received after this deadline shall be return unopened to proposer and shall not be considered Contract A sample contract is provided in Section 2 of the procurement document Proposal Due Date All proposals must be received by 4:00 p.m., PST, on MONDAY, FEBRUARY 29, 2016 in accordance to the instructions and conditions of the request for proposals. No proposals will be accepted after this time and date Disclosure of Ownership All proposals and related information submitted to RTA by any Proposer, including the selected Proposer, will become the property of the San Luis Obispo Regional Transit Authority and shall be subject to public records requests. None of the material submitted will be returned to any Proposer.

21 1.5 Required Federal Clauses San Luis Obispo Regional Transit Authority RFP Purchase and Installation of Transit Ticket Vending Machines P a g e Energy Conservation The Proposer agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act Restrictions on Lobbying Proposers who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, New Restrictions on Lobbying. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C Such disclosures are forwarded from tier to tier up to the recipient. A certificate must be completed and submitted with the bid (Refer to Certification 2.1 in Section 5) Access to and Inspection to Records RTA is a local Joint Powers Authority and is the FTA Recipient in accordance with 49 C.F.R (i). The Proposer agrees to provide RTA, the FTA Administrator, the Comptroller General of the United States, or any of their authorized representatives, access to any books, documents, papers, and records of the Proposer which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Proposer also agrees, pursuant to 49 C.F.R to provide the FTA Administrator or his authorized representatives including any PMO Proposer access to Proposer s records and construction sites pertaining to this project or contract, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or The Proposer agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Proposer agrees to maintain all books, records, accounts, and reports required under this contract for a period of not less than THIRTY-FIVE (35) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Proposer agrees to maintain same until RTA, the FTA Administrator, the Comptroller General, State of California, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

22 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e Federal Changes Proposer shall, at all times, comply with all applicable FTA regulations, policies, procedures, and directives, including, without limitation, those listed directly or by reference in the Master Agreement between RTA and FTA, as they may be amended or promulgated from time to time during the term of this contract. Proposer s failure to comply shall constitute a material breach of this contract Recycled Products The Proposer agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part No Obligation by the Federal Government a. RTA and Proposer acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to RTA, Proposer, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. b. The Proposer agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub Contractor who will be subject to its provisions Program Fraud and False or Fraudulent Statements and Related Acts The Proposer acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C et seq. and U.S. DOT regulations, Program Fraud Civil Remedies, 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Proposer certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Proposer further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Proposer to the extent the Federal Government deems appropriate. The Proposer also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in

23 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 17 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 Proposer, to the extent the Federal Government deems appropriate. The Proposer agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the sub Contractor who will be subject to the provisions Termination The contract may be terminated for reasons of RTA s convenience or Proposer s breach or insolvency. Notice of termination shall be accomplished by registered, certified, or express mail. a. Termination for Convenience. RTA may terminate this contract, in whole or in part, at any time by written notice to the Proposer when it is in RTA s best interest. RTA shall be liable only for payment under the payment provisions of the contract for services rendered before the effective date of termination. b. Termination for Default, Breach, or Cause. If the Proposer does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Proposer fails to perform in the manner called for in the contract, or if the Proposer fails to comply with any other provisions of the contract, RTA may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Proposer, setting forth the manner in which the Proposer is in default. The Proposer will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by RTA that the Proposer had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Proposer, RTA, after setting up a new delivery of performance schedule, may allow the Proposer to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure. RTA in its sole discretion may, in the case of a termination for breach or default, allow the Proposer an appropriately short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Proposer fails to remedy to RTA s satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten days after receipt by Proposer or written notice from RTA setting forth the nature of said breach or default, RTA shall have the right to terminate the Contract without any further obligation to Proposer. Any such termination for default shall not in any way

24 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 18 operate to preclude RTA from also pursuing all available remedies against Proposer and its sureties for said breach or default. d. Waiver of Remedies for any Breach. In the event that RTA elects to waive its remedies for any breach by Proposer of any covenant, term or condition of this Contract, such waiver by RTA shall not limit RTA s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract Non-Collusion By submitting a proposal, the prospective Proposer represents and warrants that such a proposal is genuine and not a sham, collusive, or made in the interest or in behalf of any person or party not therein named and that the prospective Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham bid, or any other person, firm or corporation to refrain from presenting a proposal and that the prospective Proposer has not in any manner sought by collusion to secure an advantage. If it is found that collusion exists, proposals will be rejected and contract awards shall be null and void. A certificate must be completed and submitted with the proposal (Refer to Certification 2.2 in Section 5) Government-Wide Debarment and Suspension The Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Proposer is required to verify that none of the Proposer, its principals, as defined at 49 CFR , or affiliates, as defined at 49 CFR , are excluded or disqualified as defined at 49 CFR and The Proposer is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its proposal, proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the San Luis Obispo Regional Transit Authority. If it is later determined that the proposer knowingly rendered an erroneous certification, in addition to remedies available to San Luis Obispo Regional Transit Authority, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

25 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e Compliance with the Privacy Act The following requirements apply to the Proposer and its employees that administer any system of records on behalf of the Federal Government under any contract: a. The Proposer agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552a. Among other things, the Proposer agrees to obtain the express consent of the Federal Government before the Proposer or its employees operate a system of records on behalf of the Federal Government. The Proposer understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. b. The Proposer also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA Civil Rights Requirements The following requirements apply to the underlying contract: a. Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C , and Federal transit law at 49 U.S.C. 5332, the Proposer agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Proposer agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. b. Equal Employment Opportunity The following equal employment opportunity requirements apply to the underlying contract: 1. Race, Color, Creed, National Origin, Sex In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Proposer agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 C.F.R. Parts 60 et seq., (which implement Executive Order No , Equal Employment Opportunity, as amended by Executive Order No.

26 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e , 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 Proposer agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Proposer agrees to comply with any implementing requirements FTA may issue. 2. Age In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Proposer agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Proposer agrees to comply with any implementing requirements FTA may issue. 3. Disabilities In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C , the Proposer agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Proposer agrees to comply with any implementing requirements FTA may issue. a. The Proposer also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties Protest and Dispute RTA will make every effort to award the Contract in compliance with relevant federal state, and local law and regulations. If it is the Proposer s opinion that contract has been or may be improperly awarded, a Proposer may protest the contract award in compliance with relevant local, state, and federal law and regulations. Pre-Award. Protests must be filed no later than ten (10) business days prior to proposal submittal date. The most common types of protest that might be filed before a bid opening would include one based upon restrictive specifications, or

27 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 21 alleged improprieties in any type of solicitation that is apparent prior to the schedule bid opening. RTA will grant the protesting firm a fair review, and allow up to 10 working days to review or appeal a decision provided no state or federal law or regulation has been violated. It is the intent of RTA to resolve all protests at the local level. When a protest is filed before a scheduled bid opening certain steps will be followed: a. The protest must be submitted in writing within the specified time frame and sent to the Executive Director for determination (10 working days) at the following address: Executive Director Regional Transit Authority 179 Cross Street Suite A San Luis Obispo, CA b. The protest must contain the reason(s) for the protest and should recommend a remedy. c. Where appropriate, RTA will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all bidders/offerors and subcontractors or suppliers provided they have a substantial economic interest in a portion of the RFP. d. All potential bidders will be advised of a pending protest. e. RTA shall not open bids prior to the resolution of the protest, unless it is determined that: 1. The items to be procured are urgently required, or; 2. Delivery or performance will be unduly delayed by failure to make the award promptly, or; 3. Failure to make prompt award will otherwise cause undue harm to RTA or the Federal Government. f. RTA will respond in writing within 10 working days after receipt of a properly filed protest. The response will be provided by the Finance Department and will include a response to each substantive issue raised in the protest.

28 RFP Purchase and Installation of Transit Ticket Vending Machines P a g e 22 g. After the exhaustion of administrative remedies the protesting party will be given our final decision. The CFO/Director of Administration/Admin has the authority to make the final determination regarding all protests. If the protest is not resolved, and if FTA funded, a protest may then be filed with FTA within 5 working days after receipt of our final decision. Note that FTA will only entertain a protest that the grantee failed to have or follow their protest procedures. A protest to FTA must be filed in accordance with FTA Circular F. Post Award. A protest filed after a bid opening or post award must be filed within 5 working days after the bid opening or notice of award. The types of protests most commonly filed after bid openings are varied, e.g., one in which the award is made to other than the low bidder, changes to the criteria during bid evaluation, bid compliance, etc. RTA will grant the protesting firm a fair review, and allow up to 10 working days to review or appeal a decision provided no state or federal law has been violated. It is the intent of RTA to resolve all protests at the local level. All protests, including FTA funded projects, must follow certain guidelines. a. The protest must be submitted in writing within the specified time frame and sent to the RTA for determination (unless otherwise specified, five working days). Executive Director Regional Transit Authority 179 Cross Street Suite A San Luis Obispo, CA a. The protest must contain the reason(s) for the protest and recommend a remedy. b. Where appropriate, RTA will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all bidders/offerors and subcontractors or suppliers provided they have a substantial economic interest in a portion of the RFP. c. RTA will respond in writing within 10 working days after receipt of the protest. The response will be provided by the CFO/Director of Administration will include a response to each substantive issue raised in the protest. d. After exhaustion of administrative remedies the protesting party will be given our final decision. The Executive Director has the authority