keyboard enterable version of rli · web viewreport for any instances where the specific goals...

Broward County Purchasing Division 115 S. Andrews Avenue, Room 212

Fort Lauderdale, FL 33301(954) 357-6065 FAX (954) 357-8535

Request for Letters of Interest (RLI)RLI Number: V0998514R1

RLI Name: Computer-Aided Dispatch (CAD)/Automatic Vehicle Locator (AVL) System with Single Sign-On and Real-time Bus/Passenger Information

Procurement AuthorityUnchecked boxes do not apply to this solicitation.

Pursuant to the Broward County Procurement Code, the Broward County Commission invites qualified firms to submit Letters of Interest for consideration to provide services on the following project:

Standard Request for Letters of Interest

Construction General Contractor: Two-Step Process - (Step 1) Issue RLI to Short list firms - (Step 2) Issue Invitation for Bids to Shortlisted firms to obtain bids

Establish Library of Firms for Services

Pursuant to the Broward County Procurement Code, the Broward County Commission invites qualified firms to submit Letters of Interest for consideration to provide Construction Manager at Risk Services on the following project.

Standard Construction Manager at Risk

Construction Manager at Risk (Modified): Two Step Process - (Step 1) Issue RLI to Short list firms (Step 2) Issue Invitation for Bids to Shortlisted firms to obtain bids

Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations Act), the Broward County Commission invites qualified firms to submit Letters of Interest for consideration to provide Professional Consulting Services on the following project.

Non-Continuing Contract: (Check only one box)

Professional services needed for a construction project where the construction costs exceed $ 325,000

Professional services needed for a planning or study activity where the fee for the professional services exceed $ 35,000

Continuing Contract :( Check only one box)

Professional services needed for projects in which construction costs do not to exceed $2 million

Professional services needed for study activities when the fee for such professional service does not exceed $ 200,000

Professional services needed for work of a specified nature

Design-Build: (Check only one box)

Qualification - Based with a Guaranteed Maximum Price and a Guaranteed Completion Date

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Two-Step process - (Step 1) Issue RLI to Short list firms - (Step 2) Issue Request for Proposals to Shortlisted firms to obtain proposals

The scope of services shall include:The Broward County Transit (BCT) Division is seeking proposals for a system integrator to provide and implement the following solutions for BCT to operate, manage, and plan for fixed-route bus services:

A new Computer-Aided Dispatch/Automatic Vehicle Locator (CAD/AVL) system;

A single sign-on feature for the on-board subsystems including CAD/AVL, farebox, head sign and automatic vehicle announcement;

A new on-board Automatic Vehicle Announcement (AVA) system;

Provide real-time bus/passenger information via wayside passenger advisory signs (PAS), websites, text messaging and mobile phone apps; and

Integration and interface between the new system components and existing BCT systems.

The new Computer-Aided Dispatch/Automatic Vehicle Locator (CAD/AVL) system shall improve the ability of managers, supervisors and operators to manage the 300 plus fixed-route bus fleet, to track bus schedule and route adherence, to facilitate voice and data communication between the control center and the bus operators, to track and respond to incidents and accidents, and to provide data and reports that support various business processes to fulfill BCT’s needs of improving overall on-time performance and customer service.

The single sign-on feature shall allow the operators to log in simultaneously to the CAD/AVL system and other on-board devices requiring operator login, e.g., farebox, headsign and automatic vehicle announcement. The purpose is to replace the antiquated login method currently employed on a transit vehicle that requires an operator to log into each vehicle subsystem separately. Given that this method is prone to mistakes, this new single sign-on feature shall improve data collection and reporting.

This project will include a new on-board AVA system as well as a system to deliver vehicle arrival information and ad-hoc messages to wayside passenger advisory signs (PASs), websites and personal mobile devices. A major feature of interest for the new AVA system is direct interoperability with BCT’s existing scheduling software to ensure minimum amount of additional time and effort is required to create the announcements, perform future updates for each Pick, and the ability to automatically update the buses through wireless downloads.

The Real-Time Bus/Passenger Information System shall inform the riders of accurate bus arrival information and allow them to plan their travel more efficiently and accurately. In addition to providing real time information to transit riders, the system can also be used by BCT staff to support their operational activities. Expected benefits include increased user satisfaction, as this system provides accurate arrival/departure information; reduces the passengers’ anxiety of not knowing when the next vehicle will arrive at their stop; and assists the agency in building a more positive image.

The new system components proposed for this project shall replace outdated systems and must be able to integrate into the existing BCT on-board and central systems with the flexibility to be

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integrated into future systems. This project shall implement a single mobile data computer (MDC) unit that will interact with all critical onboard subsystems to promote the collection of accurate, cohesive data from the disparate systems onboard a transit bus. The data collected by these systems is critical in making good decisions related to resources, schedules, and staffing. In addition, the CAD/AVL system shall have the ability to interface with BCT’s existing scheduling, dispatching and Geographic Information System (GIS) software for data sharing and the ability to handle unique scheduling and dispatching requirements of BCT. The CAD/AVL system shall also be integrated with BCT’s existing systems for enterprise database management as well as data and voice communications. For integration with future systems, BCT will be in the process of implementing two new projects that are related to this project – the Ultra High Frequency (UHF) Narrow Banding project and the Fleet, Inventory, and Facilities Maintenance Asset Management System project. See Attachment A – Existing BCT Environment for Information on existing BCT environment and the two related projects.

The expected outcome is the delivery of effective and fully functional turn-key systems for Broward County Transit.

The required professional services are:

Business Consulting Services Project Management Services Training and Educational Services Installation, Implementation and On-going Support Services

The required key vendor deliverables are:

Existing BCT System Assessment Document Final Design Document System Implementation Plan System Hardware and Software components Documentation and Manuals for Users, System Administrators, and Operation and

Maintenance. Steady-state Operations and Support Plan

The expected project implementation timelines are:

Existing BCT System Assessment, Final Design Document and System Implementation Plan completed and approved within three months from issuance of Notice to Proceed (NTP)

Pilot project on selected fleet completed and accepted within three months from approval of Final Design Document and System Implementation Plan

System rollout on entire fleet, training for BCT staff, system documentation and manuals, and steady-state Operations and Support Plan completed and accepted within nine months from completion of pilot project.

Proposers shall have significant experience with system implementation in public transit agencies comparable to the size and complexity of the Broward County Transit. It is the intent of the County to enter into a single contract for all services.

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This project is partially funded with the United States Department of Transportation, Federal Transit Administration American Recovery and Reinvestment Act of 2009, Pub. L. 111-5 (“ARRA”) funds, and unique terms and conditions apply. Because there is high interest in the status of ARRA-funded projects and their impact on our economy, Broward County will be routinely reporting its progress to the Federal Transit Administration and to Congress. Broward County will therefore require information from responders regarding each firm’s progress, including the jobs your firm has created or retained with these projects. Broward County looks forward to partnering with your firm on this important project which is intended to improve transit service delivery to County residents and customers and assist with the economic recovery in Broward County. The status of all projects being funded in Broward County and across the United States of America will be available for viewing by the general public at www.recovery.gov. As used in this document, “Contractor” means the contractor receiving ARRA funds from Broward County under this agreement, and ”Subcontractor” means any entity or person that enters into a contractual agreement with the Contractor to perform a part of the work. See SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING ARRA FUNDS, attached hereto and incorporated herein by reference. All ARRA funds shall be expended by September 30, 2013.

Submittal InstructionsUnchecked boxes do not apply to this solicitation.

Only interested firms from the Sheltered Market may respond to this solicitation.

This solicitation is open to the general marketplace.

Interested firms may supply requested information in the “Evaluation Criteria” section by typing right into the document using Microsoft Word. Firms may also prepare responses and any requested ancillary forms using other means but following the same order as presented herein. Firms must provide, with RLI submittal, a completed Requirements Response (Attachment B) and 5-Year Projected Cost Model (Attachment D). See instructions of Attachments B and D, and complete Attachments using the Excel template provided. .

Submit eleven (11) CDs, containing the following files: CD or DVD discs included in the submittal must be finalized or closed so that no changes can be made to the contents of the discs.

IT IS IMPORTANT THAT EACH CD BE LABELED WITH THE COMPANY NAME, RLI NUMBER AND TITLE, AND THEN PLACED IN AN INDIVIDUAL DISC ENVELOPE.

1. A single PDF file that contains your entire response with each page of the response in the order as presented in the RFP/RLI document, including any attachments.

2. Responses to the Evaluation Criteria questions are to be provided in the following formats:a. Microsoft Word for any typed responses. b. Microsoft Excel for any spreadsheets, including Attachments B and D.

Submit five (5) total printed copies (hard copies) of your response. Rev 1.3.12 of 163

http://www.recovery.gov/



It is the responsibility of each firm to assure that the information submitted in both its written response and CDs are consistent and accurate. If there is a discrepancy, the information provided in the written response shall govern.

This is of particular importance in the implementation of the County's tiebreaker criteria. As set forth in Section 21.31.d of the Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the firm's response to the solicitation. Therefore, in order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the written submittal.

Send all requested materials to:

Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301RE: RLI Number: V0998514R1

The Purchasing Division must receive submittals no later than 5:00 pm on Monday, March 19, 2012. Purchasing will not accept electronically transmitted, late, or misdirected submittals. If fewer than three interested firms respond to this solicitation, the Director of Purchasing may extend the deadline for submittal by up to four (4) weeks. Submittals will only be opened following the final submittal due date.

For Additional Project Information Contact:

Project Manager: Lina Kulikowski, Broward County Transit DivisionPhone: 954-357-7712 Email: [email protected]

Selection ProcessA Selection Committee (SC) will be responsible for recommending the most qualified firms and ranking them for negotiation. The process for this procurement may proceed in the following manner:

Review ResponsesThe Purchasing Division delivers the submittals to agency staff for summarization for the Selection Committee members. The Office of Economic and Small Business Development staff evaluates submittals to determine compliance with the Office of Economic and Small Business Development Program requirements, if applicable. Agency staff will prepare an analysis report which includes a matrix of responses submitted by the firms. This may include a technical review, if applicable.

Staff will also identify any incomplete responses. The Director of Purchasing will review the information provided in the matrix and will make a recommendation to the Selection Committee as to each firm’s responsiveness to the requirements of the RLI. The final determination of responsiveness rests solely on the decision of the Selection Committee.

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mailto:[email protected]



Short ListingThe SC will meet to create a short list of the most qualified firms. The matrix and staff analysis report is a tool that the SC may use in its decision-making process. The County will not consider oral or written communications, prior to the conclusion of short-listing the firms, which may vary the terms of the submittals.

Cone of SilenceAt the time of the Selection Committee appointment (which is typically prior to the advertisement of the solicitation document) in this RLI process, a Cone of Silence will be imposed. Section 1-266, Broward County Code of Ordinances as revised, provides that after Selection Committee appointment, potential vendors and their representatives are substantially restricted from communicating regarding this RLI with the County Administrator, Deputy and Assistants to the County Administrator and their respective support staff, or any person appointed to evaluate or recommend selection in this RLI process. For communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the Shortlist Meeting of the Selection Committee. After the application of the Cone of Silence, inquiries regarding this RLI should be directed to the Director of Purchasing or designee.

The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.

Demonstrations If this box is checked, then this project may lend itself to an additional step where short-listed

firms demonstrate the nature of their offered solution. After the Short List Meeting, short-listed firms will be notified of the desired demonstration. A copy of the demonstration (hard copy, DVD, CD or a combination of both) should be given to the Purchasing Agent at the meeting to retain in the Purchasing files.

PricingUnchecked boxes do not apply to this solicitation.

Price may be considered in the final evaluation and ranking of the short-listed firms. If the SC will consider price, staff will provide each short-listed firm with a pricing submittal instrument and instructions for its preparation and delivery. A pricing submittal instrument (see 5-Year Projected Cost Model Response - Attachment D) is included in this solicitation. The responses to the pricing submittal instrument will be submitted to the SC in the review process for consideration prior to shortlisting determination.

Price will not be a factor in evaluating or ranking the interested firms.

County staff and the top ranked firm will negotiate fees for pre-construction services during the Negotiation Phase of this process. Generally, the Parties negotiate a Guaranteed Maximum Price (GMP) for construction services during the course of pre-construction services.

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Public Art and Design ProgramUnchecked boxes do not apply to this solicitation.

Section 1-88, as amended, of the Broward County Code (of Ordinances) contains the requirements for the Broward County’s Public Art and Design Program. It is the intent of Broward County to functionally integrate art, when applicable, into capital projects and integrate artists’ design concepts into this improvement project. The bidder may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. (For additional information contact Mary Becht at (954) 357-7456).

Presentations/Interviews/RankingEach of the short-listed firms will have an opportunity to make an oral presentation to the SC on the firm’s approach to this project and the firm’s ability to perform. The SC may provide a list of subject matter for the discussion. The firms will have equal time to present but the question-and-answer time may vary. A copy of the presentation (hard copy, DVD, CD or a combination of both) should be given to the Purchasing Agent at the meeting to retain in the Purchasing Division file. The SC will rank the firms and post its recommendation for three days as a “Proposed Recommendation of Ranking”. Following this three-day period, if no objections to the proposed ranking have been received in writing by the Director of Purchasing, a Final Recommendation of Ranking will be posted and presented to the Board for approval. At the discretion of the Board, presentations to the Board of County Commissioners by the ranked firms may be required.

Negotiation and AwardThe Purchasing Negotiator, assisted by County staff, will attempt to negotiate a contract with the first ranked firm. If an impasse occurs, the County ceases negotiation with the firm and begins negotiations with the next-ranked firm. The final negotiated contract will be forwarded by the Purchasing Negotiator to the Selection Committee for approval, if required by the committee, or to the awarding authority for approval.

Posting of Solicitation and Proposed Contract AwardsThe Broward County Purchasing Division's website is the official location for the County's posting of all solicitations and contract award results. It is the obligation of each vendor to monitor the website in order to obtain complete and timely information. The website is located athttp://www.broward.org/Purchasing/Pages/SolicitationResult.aspx

Vendor Protest

Sections 21.118 and 21.119 of the Broward County Procurement Code set forth procedural requirements that apply if a vendor intends to protest a solicitation or proposed award of a contract and state in part the following:

(a) Any protest concerning the bid or other solicitation specifications or requirements must be made and received by the County within seven (7) business days from the posting of the solicitation or Rev 1.3.12 of 163

http://www.broward.org/Purchasing/Pages/SolicitationResult.aspx



addendum on the Purchasing Division’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest bid specifications or requirements is a waiver of the ability to protest the specifications or requirements.

(b) Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the bid opening, shall be submitted in writing and received by the County within five (5) business days from the posting of the recommendation of award on the Purchasing Division's website.

(c) Any actual or prospective bidder or offeror who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award on the Purchasing Division's website.

(d) For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a solicitation or proposed contract award shall be a waiver of the vendor's right to protest.

(e) Protests arising from the decisions and votes of a Selection Committee or Evaluation Committee shall be limited to protests based upon the alleged deviations from established Committee procedures set forth in the Broward County Procurement Code and existing written Guidelines. Any allegations of misconduct or misrepresentation on the part of a competing vendor shall not be considered a protest.

(f) As a condition of initiating any RLI protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.

Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000

If no contract bid amount was submitted, the estimated contract amount shall be the County’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier’s check, payable to Broward County Board of Commissioners.

Employment Verification Program (E-Verify)Unchecked boxes do not apply to this solicitation.

This service is funded by the State of Florida. Therefore, you are required to complete and return the attached “Employment Eligibility Verification Program Contractor Certification”.

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Rejection of ResponsesThe Selection Committee may recommend to the Director of Purchasing the rejection of all responses to this solicitation.

Public Records and Exemptions

Upon receipt, all response submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Any firm that intends to assert any materials to be exempted from public disclosure under Chapter 119, Florida Statutes must submit the document(s) in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RLI# - Confidential Matter". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. CD or DVD discs included in the submittal must also comply with this requirement and separate any materials claimed to be confidential.

Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Director of Purchasing that the response is non-responsive.

Any claim of confidentiality on materials that the firm asserts to be exempt and placed elsewhere in the submittal will be considered waived by the firm upon submission, effective after opening. Please note that the financial statement exemption provided for in Section 119.071 (1) c, Florida Statutes only applies to submittals in response to a solicitation for a “Public Works” project.Please be aware that submitting confidential material may impact full discussion of your submittal by the Selection/Evaluation Committee because the Selection/Evaluation Committee will be unable to talk about the details of the confidential material(s) at the public Selection/Evaluation Committee meeting. Please note that the financial statement exemption provided for in Section 119.071(1) c, Florida Statutes only applies to submittals in response to a solicitation for a "public works" project.

Copyrighted MaterialsCopyrighted material will be accepted as part of a submittal only if accompanied by a waiver that will allow the County to make paper and electronic copies necessary for the use of County staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

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Lobbyist Registration - CertificationA vendor who has retained a lobbyist(s) to lobby in connection with a competitive solicitation shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies, see attached form, that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances. If, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the vendor, the County may, on that basis, exercise any contractual right to terminate the contract for convenience.

Remainder of page intentionally left blank.

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***NOTICE TO PROPOSERS***

Proposers are invited to pay strict attention to the following requirements of this RLI. The information being requested in this section is going to be used by the Selection Committee during the selection/evaluation process and further consideration for contract award. Please be aware that proposers have a continuing obligation to provide the County with any material changes to the information being requested in this RLI.

A. Definition of a Responsive Bidder:

In accordance with Broward County Procurement Code Section 21.8.b.66, a Responsive Bidder means a person who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the bid documents to be submitted at the time of bid opening.

Responsiveness CriteriaFailure to provide the information required below, at the time of submittal opening may result in a recommendation of non-responsive by the Director of Purchasing. The Selection Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.

1. Office of Economic and Small Business Development Program – (See Office of Economic and Small Business Development Program Requirements below).

Office of Economic and Small Business Development Program RequirementsThe Broward County Business Opportunity Act of 2004 and the County Business Enterprise (CBE) Act of 2009 establish the County’s policies for participation by small business enterprises, county business enterprises, and federal disadvantaged business enterprises in all County contracts and in other selected activities.

In accordance with the Acts, participation for this contract is as follows: DISADVANTAGED BUSINESS ENTERPRISE (DBE)This project is funded in part by a grant received from the United States Department of Transportation (USDOT), Federal Transait Administration (FTA). Projects receiving such funding must comply with USDOT Code of Federal Regulations (CFR) 49 Part 18, FTA Circular 4220.1F, as revised, the implementing rules of the above-noted agency, and with Broward County’s Disadvantaged Business Enterprise Plan and the Broward County Business Opportunity Act of 2004, Ordinance 2004-07. To the extent if any conflicts between the terms of a potential contract and the requirements of 49 CFR Part 18, the requirements of 49 CFR Part 18 will govern.

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Proposers and/or subcontractors, subconsultants agree that it shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 18 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of contract, which may result in the termination of this consultant or such other remedy as Broward County may deem appropriate.

Business Enterprise Category % of Participation GoalFederal Disadvantaged Business Enterprise (DBE)

5%

Overall Goal 5%

The County uses the interested firm’s submittal to this section of the RLI to determine the firm’s “responsive”. The County only considers “responsive” submittals for short-listing. To be considered responsive requires the following actions.Submit the forms and documentation detailed below and attached to this RLI, see FTA Funding Supplement, attached hereto and incorporated herein by reference.. Copies of each form are available on the Internet at: http://www.broward.org/ECONDEV/SMALLBUSINESS/Pages/compliance.aspx . If the firm does not have access to the Internet, contact the Project Manager to receive copies by mail or fax. To be considered responsive requires the following action.

Please note that Each DBE listed on the Schedule of DBE Participation must be certified by the time of submittal as DBE in order to be eligible for award.

Form ContentDBE Schedule ofParticipation

List each of the proposed Disadvantaged Business Enterprise certified subcontractors or subconsultants, the type of work each firm will perform, and the projected subcontract dollar amount and/or percentage of professional fees to be awarded, if selected.

DBE Letters of Intent

For each participating firm, indicate the agreed subcontract amount executed with the responding firm’s signature and countersigned by the proposed subcontractor or subconsultant listed on the DBE Schedule of Participation form.

DBE UnavailabilityReport

For any instances where the specific goals were not achieved, list the subcontractors or subconsultants formally contacted and the reason unavailable to perform or whose bid was not considered.

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http://www.broward.org/ECONDEV/SMALLBUSINESS/Pages/compliance.aspx



2. Federal Transit Administration Funding Supplement Refer to the Instructions to Bidders/Responders section of each Exhibit (1-12) of the FEDERAL TRANSIT ADMINISTRATION FUNDING SUPPLEMENT for specifics and submittal requirements.

JOINT VENTURE ENTERPRISESUnchecked boxes do not apply to this solicitation

Construction Licensing A Joint Venture is required to provide evidence with its response that the Joint Venture, or at least one of the Joint Venture partners, holds the specified Construction License issued either by the State of Florida or Broward County. If not with its response, the Joint Venture is required to provide evidence prior to contract execution that the Joint Venture holds the specified Construction License issued either by the State of Florida or Broward County. A Joint Venture is also required to provide with its response a Statement of Authority indicating that the individual submitting the Joint Venture’s proposal has the legal authority to bind the Joint Venture. Failure to provide any of this information to the County at the required time may be cause for the response to the solicitation to be deemed non-responsive.

Florida RegistrationA Joint Venture is required to provide evidence with its response that the Joint Venture, or at least one of the Joint Venture partners, holds a Certificate of Authority from the Florida Department of State, Division of Corporations to transact business in Florida. If not with its response, the Joint Venture is required to provide evidence prior to contract execution that the Joint Venture exists by providing the County with a copy of the Joint Venture Agreement. Failure to provide any of this information to the County at the required time may be cause for the response to the solicitation to be deemed non-responsive.

B. Definition of Responsible Bidder:In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsible Bidder or Offeror means an offeror who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.

Responsibility Criteria

The Selection Committee will recommend to the awarding authority a determination of a firm’s responsibility. At any time prior to award, the awarding authority may find that an offeror is not responsible to receive a particular award. The following criteria shall be evaluated in making a determination of responsibility:

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1. Financial Information - Although the review of a vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements as stated in the Evaluation Criteria and Public Record and Exemptions sections may result in a recommendation of non-responsive by the Director of Purchasing.

2. Litigation History - Although the review of a vendor's litigation history is an issue of responsibility, the failure to provide litigation history as required in the Evaluation Criteria may result in a recommendation of non-responsive by the Director of Purchasing.

Additionally, the awarding authority may consider the following factors, without limitation: debarment or removal from the authorized vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the offeror has breached or failed to perform a contract, claims history of the offeror, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of an offeror.

Right of AppealPursuant to Section 21.83 of the Broward County Procurement Code, any vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection Committee's determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Code. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection Committee to be deemed timely. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a person having standing to protest and must comply with all other requirements of this section. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.

Projected ScheduleProposer Questions deadline Date: February 24, 2012Submittal Deadline/Open Date: March 19, 2012Short list Date: April 26, 2012Demonstrations Date, if needed: starting May 7, 2012Presentations/Ranking Meeting Date: May 24, 2012First Negotiation Meeting: June 22, 2012Second Negotiation Meeting, if needed: June 27, 2012

If three (3) or fewer responses are received, a combination Short List and Presentation meeting may be held on (not applicable).

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Evaluation Criteria

With regard to the Evaluation criteria, each firm has a continuing obligation to provide the County with any material changes to the information requested. The County reserves the right to obtain additional information from interested firms.

Evaluation Criteria –

Project-Specific Criteria

Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable.

1. Provide an organizational chart indicating the members of the proposed Project Team.a. Include the structure of the proposed

Project Team, including the relationship of the Team, i.e., Prime with Sub-Contractors, Joint Venture, etc...

b. Identify the provider for each of the following: CAD/AVL system;

Single Sign-On system;

Automatic Vehicle Announcement (AVA) system;

Real-Time Bus/Passenger Information system;

System Integration/Interface.

2. For the proposed CAD/AVL system provider:a. Provide three (3) references (organization,

year(s) installed, contact name, title, role on project, e-mail, telephone) that meet the following criteria:

i. Implemented CAD/AVL systems,

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preferably one that replaced an older CAD/AVL system, single sign-on, automatic vehicle announcement system, and integration/interface with existing systems.

ii. Client references should be for sites at which the proposed systems have been fully implemented and is live. Provide evidence of satisfactory completion, both on time and within budget.

iii. Provide for each reference, documentation of downtime performance, technical support complaint history

iv. References must be for public transit agencies with fixed-route bus fleet of >= 300 vehicles.

b. Describe current projects similar to the proposed BCT CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information and estimated date of completion.

c. Include an overview section that introduces the proposing firm(s) and highlights any unique aspects of their skills, tools and/or implementation approaches

d. Provide an overall project implementation plan that includes:

i. Options to accommodate customer timelines and desired support

ii. Change management process to support the preparation and planning for system implementation and employee acceptance of new processes

iii. Training, system documentation and continued maintenance support.

e. Describe the qualifications and structure of your overall implementation team.

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3. For the proposed Real-Time Bus/Passenger Information system provider:f. Provide three (3) references (organization,

year(s) installed, contact name, title, role on project, e-mail, telephone) that meet the following criteria:

i. Implemented real-time bus/passenger information delivery to wayside passenger advisory signs, web-sites and personal mobile devices. Client references should be for sites at which the proposed systems have been fully implemented and is live. Provide evidence of satisfactory completion, both on time and within budget.

ii. References must be for services that were performed within the past five years.

iii. Provide for each reference, documentation of downtime performance, technical support complaint history.

iv. References must be for public transit agencies with fixed-route bus fleet of >= 300 vehicles.

g. Describe current projects similar to the proposed BCT CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information and estimated date of completion.

h. Include an overview section that introduces the proposing firm(s) and highlights any unique aspects of their skills, tools and/or implementation approaches

i. Provide an overall project implementation plan that includes:

i. Options to accommodate customer timelines and desired support.

ii. Change management plan to support the preparation and planning for system implementation and employee acceptance of new processes.

iii. Training, system documentation and continued maintenance

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support. j. Describe the qualifications and

structure of your overall implementation team.

4. Project Manager requirementsa. Provide three (3) full-life-cycle references,

from the public transit sector (organization, year(s) services provided, contact name, title, role on project, e-mail, telephone) as a Project Manager. (Full-Life-Cycle is defined as planning to post implementation support for one or more phases for more than one module.)

b. Number of years working as an employee of your firm.

c. Number of years working as a Project Manager for implementing the software package proposed.

d. Project Manager must participate for the entire project from start to finish as proposed, as the Project Manager.

e. If your proposal is short-listed for presentations, the Project Manager should be a key presenter at the Selection Committee Presentation/Ranking Meeting.

5. BCT CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information requirements:

a. Provide the completed BCT CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information Requirements Response, see Attachment B – Requirements Response (Microsoft Excel template).

b. Each requirement in Attachment B – Requirements Response must be addressed and the cost provided by your response to Attachment D – 5 Year Projected Cost Model Response must ensure the implementation of all requirements.

c. Complete the Requirements Response and Questionnaire by indicating how you will implement the requirement that is required to fulfill each requirement. Where the requirement is not “out of the box”,

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please provide as much documentation as possible to support how you would implement that requirement.

d. To complete the Attachment B – Requirements Response for integration and interface with existing BCT systems, see Attachment A for existing BCT environment.

e. Sign Attachment C - Confirmations of RLI Requirements, signifying that the Proposers agree with the manner in which all requirements would be met and understand that your fixed price proposal must cover the costs associated with implementation of 100% of the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information Requirements.

6. 5-Year Projected Cost Model Responsea. Provide a completed 5 Year Projected

Cost Model Response, including notes, details and assumptions used in determining costs, using the provided Attachment D – 5-Year Projected Cost Model Response (Microsoft Excel template).

b. Information submitted on Attachment D will be used by the County to compare billing rates and levels of effort proposed by submitters.

c. Proposers must enter and submit pricing information on Attachment D.


Company Profile


1. Supply legal firm name, headquarters address, local office addresses, state of incorporation, and key firm contact names with their phone

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numbers and e-mail addresses.

2. Supply the interested firm’s federal ID number and Dun and Bradstreet number.

3. Is the interested firm legally authorized, pursuant to the requirements of the Florida Statutes, to do business in the State of Florida?

4. All firms are required to provide Broward County the firm's financial statements at the time of submittal in order to demonstrate the firm's financial capabilities. Failure to provide this information at the time of submittal may result in a recommendation by the Director of Purchasing that the response is non-responsive. Each firm shall submit its most recent two (2) years of financial statements for review. The financial statements are not required to be audited financial statements. With respect to the number of years of financial statements required by this RLI, the firm must fully disclose the information for all years available; provided, however, that if the firm has been in business for less than the required number of years, then the firm must disclose for all years of the required period that the firm has been in business, including any partial year-to-date financial statements. The County may consider the unavailability of the most recent year’s financial statements and whether the firm acted in good faith in disclosing the financial documents in its evaluation. Any claim of confidentiality on financial statements should be asserted at the time of submittal. (see below)

*****ONLY “IF” claiming Confidentiality*****

The financial statements should be submitted in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RLI# - Confidential Matter". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. CD or DVD discs included in the submittal must also comply with this requirement and

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separate any material claimed to be confidential.

Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Director of Purchasing that the response is non-responsive. Furthermore, proposer’s failure to provide the information as instructed may lead to the information becoming public.

Please note that the financial statement exemption provided for in Section 119.071(1) c, Florida Statutes only applies to submittals in response to a solicitation for a "public works" project.5. Litigation History Requirement:

The County will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the County all "material" cases pending, filed or resolved in the three (3) year period ending with the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly-formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a “case” includes lawsuits, administrative hearings and arbitrations. A case is considered to be "material" if it relates, in whole or in part, to any of the following:

1. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;2. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;

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3. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;4. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or5. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.

Notwithstanding the descriptions listed in paragraphs 1 – 5 above, a case is not considered to be "material" if the claims raised in the case involve only garnishment, auto negligence, personal injury, workers' compensation, foreclosure or a proof of claim filed by the vendor.

For each material case, the vendor is required to provide all information identified, on the attached “Litigation History” form.

Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed non-responsive. Prior to making such determination, the vendor will have the ability to clarify the submittal and to explain why an undisclosed case is not material.

6. Has the interested firm, its principals, officers, or predecessor organization(s) been debarred or suspended from bidding by any government during the last three (3) years? If yes, provide details.

7. Has your company ever failed to complete any work awarded to you? If so, where and why?

8. Has your company ever been terminated from a contract? If so, where and why?

9. Insurance Requirements: Attached is a sample Certificate of Insurance. It reflects the insurance requirements deemed necessary for this project. It is not necessary to have this

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level of insurance in effect at the time of submittal but it is necessary to submit certificates indicating that the firm currently carries the insurance or to submit a letter from the carrier indicating upgrade availability.


Legal Requirements


1. Standard Agreement Language: Identify any standard terms and conditions with which the interested firm cannot agree. The standard terms and conditions for the resulting contract can be located at:

http://www.broward.org/Purchasing/Documents/softwarelicagmt.pdf ;

http://www.broward.org/Purchasing/Documents/systemsvcsagmt.pdf

If you do not have computer access to the internet, call the Project Manager for this RLI to arrange for mailing, pick up, or facsimile transmission.

The additional Attachments also apply to this solicitation:

a. Federal Transit Administration (FTA) United States Department of Transportation (USDOT) Funding Supplement;

b. Supplemental Terms And Conditions For Contracts Using ARRA Funds

As geographical preferences are prohibited by the federal funding source, the following requirements, preferences, or tie-breaker

YES (Agree)

NOIf no, you need to specifically identify the terms and conditions with which you are taking exception

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http://www.broward.org/Purchasing/Documents/softwarelicagmt.pdf

http://www.broward.org/Purchasing/Documents/softwarelicagmt.pdf



criteria are not applicable to this solicitation:

a. Local Preferenceb. Domestic Partnership Benefit

2. Cone of Silence: This County’s ordinance prohibits certain communications among vendors, county staff, and selection committee members. Identify any violations of this ordinance by any members of the responding firm or its joint venturers. The firm(s) submitting is expected to sign and notarize the attached Cone of Silence Certification.

3. Public Entity Crimes Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer to perform work as a consultant or contract with a public entity, and may not transact business with Broward County for a period of 36 months from the date of being placed on the convicted vendor list. Submit a statement fully describing any violations of this statute by members of the interested firm or its joint venturers.

4. No Contingency Fees: By responding to this solicitation, each firm warrants that it has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. For Breach or violation of this provision, County shall have the right to reject the firm’s response or terminate any agreement awarded without liability at its discretion, or to deduct from the agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

Submit an attesting statement warranting that the Responder has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation.

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5. If this box is checked, then the provisions of the Broward County Living Wage Ordinance 2008-45, as amended, (“Living Wage Ordinance”) will apply to this agreement. in accordance with the living wage ordinance, certain employers who do business with the county shall pay a living wage to its employees who work on service contracts providing covered services identified under the living wage ordinance.

6. DRUG FREE WORKPLACE:1. Do you have a drug free workplace policy? 2. If so, please provide a copy of your drug free workplace policy in your proposal. 3. Does your drug free workplace policy comply with Section 287.087 of the Florida Statutes?4. If your drug free workplace policy complies with Section 287.087 of the Florida Statutes, please complete the attached Drug Free Workplace Policy Certification Form. 5. If your drug free workplace policy does not comply with Section 287.087of the Florida Statutes, does it comply with the drug free workplace requirements pursuant to Section 21.31.a.2 of the Broward County Procurement Code? 6. If so, please complete the attached Drug Free Workplace Policy Certification Form. 7. If your drug free workplace policy does not comply with Section 21.31.a.2 of the Broward County Procurement Code, are you willing to comply with the requirements Section 21.31.a.2 of the Broward County Procurement Code? 8. If so, please complete the attached Drug Free Workplace Policy Certification Form. Failure to provide a notarized Certification Form in your proposal indicating your compliance or willingness to comply with Broward County's Drug Free Workplace requirements as stated in Section 21.31.a.2 of the Broward County Procurement Code may result in your firm being ineligible to be awarded a contract pursuant to Broward County's Drug Free Workplace Ordinance and Procurement Code

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7. Non-Collusion Statement: By responding to this solicitation, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose on the attached “Non-Collusion Statement Form” to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (1989), who is an officer or director of, or had a material interest in, the vendor’s business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.

8. Scrutinized Companies List Certification: Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal or response to a solicitation must certify to the County that it is not on either list at the time of submitting a bid, proposal or response. The attached certification form is referenced as “Scrutinized Companies List Certification” and should be completed and submitted with your proposal but must be

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completed and submitted prior to award.

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Tiebreaker Criteria

Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. Furthermore, to receive credit for a tiebreaker criterion, each entity forming the joint venture must meet the tiebreaker criteria. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable.

VOLUME OF WORK OVER FIVE YEARS

Vendor that has the lowest dollar volume of work previously awarded by the County over a five (5) year period from the date of the submittal. The work shall include any amount awarded to any parent or subsidiary of the vendor, any predecessor organization and any company acquired by the vendor over the past five (5) years. If the vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.

If applicable complete the attached form. (Report only amounts awarded as Prime Vendor)

$

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BIDDER’S OPPORTUNITY LIST

Please complete and mail or fax to:Broward County Purchasing Division

115 S. Andrews AvenueFort Lauderdale, FL 33301-1801TELEPHONE: (954) 357-6065

FAX: (954) 357-8535

The purpose of this form is to obtain information to develop and maintain a list of all prime Vendors and subcontractors/subconsultants participating or attempting to participate in County sponsored DOT-assisted contracts. Broward County needs this information to maintain a bidders list as required by federal law. The information is not a matter of responsiveness and thus may be included either in your bid submittal package or after bid submission; however, the bidder must provide a completed copy of this form within five (5) business days after request by the Purchasing Agent.

Prime Vendor Information

1. Federal Tax ID Number: 7. Type of work bid on: 9. Annual Gross Receipts2. Firm Name: Less than $200,0003. Phone: $200,001 - $500,0004. Address: $500,001 – less than $1 million

(Please be specific in regard $1 million – less than $5 million to the type of work). $5 million – less than $10 million $10 million – less than $20 million

5. Year Firm Established: 8. Contract Amount or $20 million – less than $50 million6. DBE Percentage (%) $50 million – less than $100 million

Non-DBE $100 million – less than $500 million$500 million – less than $1 billionOver $1 billion

10. Ethnic Categories B (Black American) H (Hispanic American) NA (Native American) Subcont. Asian American Asian Pacific American Non- Minority Women Other (i.e., not of any other group listed above)

Form: Bidder’s Opportunity ListFebruary 2009, Rev: October 2010, Rev: January 2011

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Subcontractor/Subconsultant Information(Provide this information for any sub vendor(s) who provided the prime vendor with a bid or quote to perform

work on the project; or any sub vendor(s) solicited by the prime vendor to provide a bid or quote.)



5. Year Firm Established: 9. Subcontract Amount or $20 million – less than $50 million6. DBE Percentage (%) $50 million – less than $100 million

Non-DBE $100 million – less than $500 million7. Subcontractor $500 million – less than $1 billion

Subconsultant Over $1 billion









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Subcontractor/Subconsultant Information (continued)(Provide this information for any sub vendor(s) who provided the prime vendor with a bid or quote to perform

work on the project; or any sub vendor(s) solicited by the prime vendor to provide a bid or quote.)














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Tie Breaker CriteriaBroward County Projects

VOLUME OF WORK OVER FIVE YEARS

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

Item No. Project Title Awarded

Dollar Amount Date

Awarded

Grand Total

The work shall include any amount awarded to any parent or subsidiary of the vendor, any predecessor organization and any company acquired by the vendor over the past five (5) years. If the vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the

joint venture. (Report only amounts awarded as a Prime Vendor)Solicitation

Contract Number

Bid - Quote RLI - RFP

Broward County Department or

Division

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Drug Free Workplace Policy CertificationTHE UNDERSIGNED VENDOR HEREBY CERTIFIES THAT:

1. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY AS IDENTIFIED IN THE COMPANY POLICY ATTACHED TO THIS CERTIFICATION.

AND/OR

2. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY THAT IS IN COMPLIANCE WITH SECTION 287.087 OF THE FLORIDA STATUTES.

AND/OR

3. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY THAT IS IN COMPLIANCE WITH THE BROWARD COUNTY DRUG FREE WORKPLACE ORDINANCE # 1992-08, AS AMENDED, AND OUTLINED AS FOLLOWS:

(a) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;

(b) Establishing a continuing drug-free awareness program to inform its employees about:(i) The dangers of drug abuse in the workplace;(ii) The offeror's policy of maintaining a drug-free workplace;(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (a);(d) Notifying all employees, in writing, of the statement required by subparagraph (a), that as a condition of employment on a covered

contract, the employee shall:(i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter

893, Florida Statutes, or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five (5) days after such conviction.

(e) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (d) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(f) Within 30 calendar days after receiving notice under subparagraph (d) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:(i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such

purposes by a federal, state, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs (a) through (f).

OR

4.____ THE VENDOR DOES NOT CURRENTLY HAVE A DRUG FREE WORKPLACE POLICY BUT IS WILLING TO COMPLY WITH THE REQUIREMENTS AS SPECIFIED IN NO. 3

______________________________________(VENDOR SIGNATURE)

______________________________________(PRINT VENDOR NAME)

STATE OF __________________

COUNTY OF ________________

The foregoing instrument was acknowledged before me this ____day of ________________, 20___, by

_________________________________________________ as _________________________ of (Name of person who's signature is being notarized) (Title)

____________________________________________ known to me to be the person described herein, or who produced(Name of Corporation/Company)

____________________________________________ as identification, and who did/did not take an oath.(Type of Identification)

NOTARY PUBLIC:

________________________________(Signature)

________________________________ My commission expires: _______________________ (Print Name)

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Non-Collusion Statement Form

By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (1989), who is an officer or director of, or has a material interest in, the vendor’s business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor.

Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.

NAME RELATIONSHIP

____________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _____________________________ ____________________________ _________________________________________________________ _____________________________ ____________________________ _____________________________

_____________________________________(Vendor Signature)

_____________________________________(Print Vendor Name)

In the event the vendor does not indicate any names, the County shall interpret this to mean that the vendor has indicated that no such relationships exist.

(Form is to be signed even if no names are listed)

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SCRUTINIZED COMPANIES LIST CERTIFICATION

This certification form should be completed and submitted with your proposal but must be completed and submitted prior to award.

The Vendor, by virtue of the signature below, certifies that:a. The Vendor, owners, or principals are aware of the requirements of Section 287.135,

Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and

b. The Vendor, owners, or principals, are eligible to participate in this solicitation and not listed on either the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and

c. If awarded the Contract, the Vendor, owners, or principals will immediately notify the COUNTY in writing if any of its principals are placed on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

_________________________________________(Authorized Signature)

_________________________________________(Print Name and Title)

____________________________________________(Name of Firm)

STATE OF ___________________COUNTY OF _________________The foregoing instrument was acknowledged before me this day of ___________, 20___, by ____________________________ (name of person whose signature is being notarized) as ______________________________ (title) of ______________________ (name of corporation/entity), known to me to be the person described herein, or who produced _____________________________ (type of identification) as identification, and who did/did not take an oath.

NOTARY PUBLIC:

__________________________ State of ___________________ at Large (SEAL)(Signature)

__________________________ My commission expires: _______________(Print name)

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CONE OF SILENCE CERTIFICATION

The undersigned vendor hereby certifies that:

1. _____ the vendor has read Broward County's Cone of Silence Ordinance, Section 1-266, Article xiii, Chapter 1 as revised of the Broward County Code; and

2. _____ the vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning upon the appointment of the Evaluation Committee (for Requests for Proposals - RFPs) or Selection Committee (for Request for Letters of Interest - RLIs) for communication regarding this RFP/RLI with the County Administrator, Deputy and Assistants to the County Administrator and their respective support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.

3.______the vendor agrees to comply with the requirements of the Cone of Silence Ordinance.



STATE OF __________________

COUNTY OF ________________





NOTARY PUBLIC:

________________________________

(Signature)

_______________________________ My commission expires: _______________________ (Print Name)

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Litigation History

Party Vendor is Plaintiff Vendor is Defendant

Case Name

Case Number

Date Filed

Name of Court or other tribunal

Type of CaseCivil Administrative/Regulatory

Criminal Bankruptcy

Claim or Cause of Action and Brief description of

each CountBrief description of the

Subject Matter and Project Involved

Disposition of Case

(Attach copy of any applicable Judgment,

Settlement Agreement and Satisfaction of

Judgment.)

Pending Settled Dismissed

Judgment Vendor’s Favor

Judgment Against Vendor

If Judgment Against, is Judgment Satisfied? Yes No

Opposing Counsel

Name:

Email:

Phone number:

NAME OF COMPANY: ______________________________________________

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Lobbyist Registration – Certification

The Vendor, by virtue of the signature below, certifies that:

a. It understands if it has retained a lobbyist(s) to lobby in connection with a competitive solicitation, it shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances; and

b. It understands that if, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the vendor, the County may, on that basis, exercise any contractual right to terminate the contract for convenience.

Based upon these understandings, the vendor further certifies that:

(Check One)

1.______It has not retained a lobbyist(s) to lobby in connection with this competitive solicitation.

2.______It has retained a lobbyist(s) to lobby in connection with this competitive solicitation and certified that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances.



STATE OF __________________

COUNTY OF ________________





NOTARY PUBLIC:_______________________________

(Signature)

_______________________________ My commission expires: _______________________

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RLI No. V0998514R1Federal Transit Administration Funding Supplement

08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163

Broward County Board of County CommissionersTRANSPORTATION DEPARTMENT – TRANSIT DIVISION

Federal Transit Administration (FTA)United States Department of Transportation

(USDOT) Funding Supplement


TABLE OF CONTENTS

AUTHORITY, DEFINITIONS, FURTHER INFORMATION......................................46PART A - GENERAL CONDITIONS – APPLICABLE TO ALL CONTRACTS ............47

1. No Federal Government Obligation to Third Parties........................472. Program Fraud and False or Fraudulent Statements or Related Acts473. Federal Changes.............................................................................484. Incorporation of Federal Transit Administration (FTA) Terms..........485. Access to Records and Reports.......................................................486. Civil Rights Requirements...............................................................497. Disadvantaged Business Enterprise (DBE)......................................508. Contract Compliance Monitoring.....................................................559. Energy Conservation.......................................................................5610. Termination...................................................................................56

PART B- ADDITIONAL REQUIREMENTS - CONDITIONAL..................................5811. Recycled Products.........................................................................5812. Government-Wide Debarment and Suspension............................5813. Buy America ................................................................................ 5814. Resolution of Disputes...................................................................5915. Lobbying........................................................................................5916. Clean Air........................................................................................60 17. Clean Water Requirements..........................................................60 18. Bonding Requirements.................................................................60 19. Davis-Bacon and Copeland Anti-Kickback Acts............................61 20. Contract Work Hours and Safety Standards Act...........................68 21. Transit Employee Protective Contracts........................................69 22. Fly America..................................................................................70 23. Cargo Preference..........................................................................7024. Drug and Alcohol Testing..............................................................71



TABLE OF CONTENTS - Continued 25. Patent and Rights In Data............................................................72 26. Privacy Act...................................................................................75 27. Charter Bus..................................................................................7528. School Bus Requirements..............................................................75 29. Bus Testing...................................................................................75 30. Pre-Award and Post-Delivery Audit Requirements.......................76 31. Seismic Safety..............................................................................77 32. Transit Vehicle Manufacturer (TVM) Certification.........................7733. National ITS Architecture...............................................................77

EXHIBITS

1. Letter of Intent to Utilize a DBE SUBCONTRACTOR/Subconsultant............792. Schedule of DBE Participation..................................................................803. DBE Unavailability Report.........................................................................804. Monthly DBE Utilization Report.................................................................825. Final Monthly DBE Utilization Report

………………………………………………………………………836. Government-Wide Debarment & Suspension (Nonprocurement) Certification...................................................................................................847. Buy America Certification........................................................................858. Restrictions on Lobbying Certification......................................................879. Drug & Alcohol Testing Program Compliance Certification.......................8810. Bus Testing Compliance Certification.....................................................9011. Pre-Award & Post-Delivery Audit Requirements Certification.................9112. Transit Vehicle Manufacturer (TVM) Certification of Compliance............92



AUTHORITY This solicitation, purchase order, or Contract (all of which shall be referred to hereinafter as the "Contract" or "underlying Contract") is funded in part by funds received from the Federal Transit Administration (FTA) of the United States Department of Transportation. The award of this Contract is subject to the requirements of financial assistance agreements between Broward County, a political subdivision of the state of Florida (hereinafter referred to as “COUNTY”), and the United States Department of Transportation (USDOT). This Contract is subject to the conditions herein and which are set forth in greater detail in 49 CFR Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”; Federal Transit Administration (FTA) Circular 4220.1F, “Third Party Contracting Guidance,” as may be amended from time to time; and other laws and regulations governing procurement activities for Broward County programs and projects. Conditions imposed by the FTA are also described in Appendix A to FTA’s “Best Practices Procurement Manual,” available at: http://www.fta.dot.gov/funding/thirdpartyprocurement/bppm/grants_financing_6195.html. References to the Code of Federal Regulations (CFR) website are available at: http://www.gpoaccess.gov/cfr/index.html.

DEFINITIONSAs used in this document, "Board" means the Broward County Board of County Commissioners. “Contract" means any binding agreement, regardless of how called, for the procurement or disposal of supplies, services, or construction awarded by any officer or agency of COUNTY. “CONTRACTOR" means the person, firm, or corporation or business entity that enters into a Contract with COUNTY. and includes all partners and all joint ventures of such person with whom COUNTY has contracted and who is responsible for the acceptable performance of the work and for the payment of all legal debts pertaining to the work. "Subcontractor" means a person, firm or corporation or combination thereof having a direct Contract with CONTRACTOR for all or any portion of the work or who furnishes material worked into a special design according to the plans and specifications for such work, but not those who merely furnish equipment or materials required by the plans and specifications.

FURTHER INFORMATIONIf you have any questions or need clarification as to the applicability of any term, condition, or requirement as contained in Part A, General Conditions – Applicable to All Contracts, and Part B, Additional Requirements – Conditional, of this Contract, contact Dianne DeLyons Shuler, Compliance Manager, Broward County Transit Division, at 954-357-8481, or by email: [email protected] .


mailto:[email protected]

http://www.gpoaccess.gov/cfr/index.html

http://www.fta.dot.gov/funding/thirdpartyprocurement/bppm/grants_financing_6195.html


PART A

GENERAL CONDITIONS – APPLICABLE TO ALL CONTRACTS

1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES. a. COUNTY and CONTRACTOR acknowledge and agree that, notwithstanding any

concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to COUNTY, CONTRACTOR, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.

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

2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. a. CONTRACTOR acknowledges that the provisions of the Program Fraud Civil

Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. 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, CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract or the FTA-assisted project for which this Contract work is being performed. In addition to other penalties that may be applicable, CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on CONTRACTOR to the extent the Federal Government deems appropriate.

b. CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a Contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on CONTRACTOR, to the extent the Federal Government deems appropriate.

c. CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further



agreed that the clauses shall not be modified, except to identify the Subcontractor who will be subject to the provisions.

3. FEDERAL CHANGES. CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in the Master Agreement between COUNTY and the FTA, as they may be amended or promulgated from time to time during the term of this Contract. CONTRACTOR’s failure to so comply shall constitute a material breach of this Contract. CONTRACTOR agrees to include this language in each Subcontract financed in whole or in part with Federal assistance provided by FTA.

4. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS. The provisions contained in this FTA/USDOT Funding Supplement include, in part, standard terms and conditions required by the U.S. Department of Transportation (USDOT), whether or not expressly set forth in the Contract provisions. All contractual provisions required by USDOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, and as may be amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any Broward County requests which would cause the COUNTY to be in violation of the FTA terms and conditions. CONTRACTOR agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA.

5. ACCESS TO RECORDS AND REPORTS. a. CONTRACTOR agrees to provide COUNTY, 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 CONTRACTOR which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. CONTRACTOR also agrees, pursuant to 49 C.F.R. 633.17, to provide the FTA Administrator or his authorized representatives including any Project Management Oversight ("PMO") CONTRACTOR access to CONTRACTOR’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

b. In the event that COUNTY, which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a), enters into a Contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, CONTRACTOR shall make available records related to the Contract to COUNTY, the Secretary of Transportation and the Comptroller General or any authorized officer, agent, or employee of any of them for the purposes of conducting an audit and inspection.



c. CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

d. CONTRACTOR agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case CONTRACTOR agrees to maintain same until COUNTY, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

6. CIVIL RIGHTS REQUIREMENTS. a. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as

amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, CONTRACTOR agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

b. Equal Employment Opportunity

(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, CONTRACTOR agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq. (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, CONTRACTOR agrees to comply with any implementing requirements FTA may issue.



(2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, CONTRACTOR agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, CONTRACTOR agrees to comply with any implementing requirements FTA may issue.

(3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, CONTRACTOR agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, CONTRACTOR agrees to comply with any implementing requirements FTA may issue.

c. CONTRACTOR also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

7. DISADVANTAGED BUSINESS ENTERPRISE (DBE).a. This Contract is subject to the requirements of Title 49, Code of Federal

Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation (DOT) Financial Assistance Programs.

b. The CONTRACTOR agrees that it shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of Contract, which may result in the termination of the Contract or such other remedy as COUNTY may deem appropriate. Each subcontract the CONTRACTOR signs with a Subcontractor must include the assurance in this paragraph.

c. The Disadvantaged Business Enterprise (DBE) regulation (49 CFR Part 26) establishes requirements for setting an overall goal for DBE participation in federally-funded contracts. This rule requires recipients of federal funds to use a methodology based on demonstrable data of relevant market conditions and is designed to reach a goal COUNTY would expect DBEs to achieve in the absence of discrimination.

d. Since this project is funded in part using federal funds, it is the policy of the Broward County Office of Economic and Small Business Development to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, are afforded maximum opportunity to receive and participate as Subcontractors and suppliers on all Contracts awarded by COUNTY; therefore, good-faith efforts



must be made to provide DBEs an opportunity to participate in the project in accordance with the DBE Program Plan.

e. COUNTY fully supports the Federal government’s Disadvantaged Business Enterprises Program.

The overall goal setting provisions of 49 CFR Part 26 require that the COUNTY, as a recipient of federal funds, set overall goals based on demonstrable evidence of the relative availability of ready, willing and able DBEs in the areas from which the COUNTY obtains contractors. In this regard, the COUNTY has established DBE participation goals, and said goals have been established based primarily on the availability of certified DBE firms that are ready, willing, and able to participate in the project. INSTRUCTION TO BIDDERS/RESPONDERSTo be considered responsive, if this Contract has been assigned a DBE Numerical Participation Goal, each bidder/responder must submit with each bid, offer, or proposal, a completed and executed Schedule of DBE Participation Form (Exhibit 1), executed Letters of Intent (Exhibit 2), or the DBE Unavailability Report (Exhibit 3) with good faith documentation with each bid, offer, or proposal.

The Office of Economic and Small Business Development will review all forms to determine their responsiveness:

1. Letter of Intent to Utilize a DBE Subcontractor/Subconsultant – Exhibit 1.

2. Schedule of DBE Participation – Exhibit 2.3. DBE Unavailability Report, only required if goals were not met – Exhibit 3.

These forms are included herein as Exhibits 1, 2, and 3. All forms may be downloaded from the Small Business Development Division website. http://www.broward.org/ECONDEV/SMALLBUSINESS/Pages/compliance.aspx

IF DBE PARTICIPATION HAS BEEN TARGETED THROUGH RACE-NEUTRAL MEANS (NO DBE NUMERICAL PARTICIPATION GOAL), THE FORMS SET FORTH ABOVE NEED NOT BE SUBMITTED WITH YOUR BID, OFFER, OR PROPOSAL.

Letter of Intent (Exhibit 1): Letter of Intent must be executed by the Bidder and countersigned by all DBE Subcontractors listed in the Schedule of DBE Participation form. The information contained in the Letter of Intent and the Schedule of DBE Participation with regard to the proposed level of DBE participation should be the same as to content.

Each DBE listed on the Schedule of DBE Participation must be certified prior to bid opening as DBE in order to be eligible for award.



For further information regarding DBE submittals, contact the Office of Economic and Small Business Development Division at (954) 357-6400.

Schedule of DBE Participation (Exhibit 2): Bidder must list the proposed Subcontractors in the Schedule of DBE Participation form indicating the type of work to be performed and a projection of Subcontract amount or percentage of fees to be awarded, if selected.

DBE Unavailability Report (Exhibit 3): Bidder that submits a DBE Unavailability Report, Exhibit 3, must be able to demonstrate through proper documentation its reasonable good-faith efforts to meet the goal, if Bidder wishes to remain eligible for award.

Reasonable efforts as determined by the Office of Economic and Small Business Development to meet the DBE Participation goals may include, but are not limited to:

Attendance at any scheduled pre-bid meeting concerning DBE participation.

Timely advertisement in general circulation media, trade association publications, and minority-focus media.

Timely notification of minority business or CONTRACTOR groups and associations of solicitation for specific sub-bids.

Proof of written solicitations to DBE firms. Efforts to select portions of the work proposed to be performed by DBE in

order to increase the likelihood of achieving the stated goal. Efforts to provide DBEs that need assistance in obtaining bonding or

insurance required by the Bidder or COUNTY. A report submitted by the Bidder to the Small Business Development

Division prior to award explaining the Bidder’s efforts to obtain DBE participation. The report shall include the following:

-- A detailed statement of the timely efforts made to negotiate with DBEs including, at a minimum, the names, addresses and telephone numbers of DBEs who were invited to bid or otherwise contacted;

-- A description of the information provided to DBE regarding the plans and specifications for portions of the work to be performed; and a detailed statement of the reasons why additional Contracts with DBE, if needed to meet the stated goal, were not reached.

-- A detailed statement of the efforts made to select portions of the work proposed to be performed by DBE in order to increase the likelihood of achieving the stated goal.

-- As to each DBE that bids on a subcontract but declared “unqualified” by the Bidder, a detailed statement of the reasons for the Bidder’s conclusion.



-- As to each DBE invited to bid, but the Bidder considers to be unavailable because of a lack of bid response or submission of a bid which was not the low responsive bid, an Unavailability of DBE Certificate signed by the Bidder.

For the purposes of goal achievement, the COUNTY requires the successful Bidder to use firms certified as DBEs in accordance with Federal Guidelines. The State of Florida Department of Transportation (FDOT) and the Office of Economic and Small Business Development maintain a directory of certified DBE firms which is available to Bidders.

The directory mentioned above is available for use by vendors on-line through the Broward County Office of Economic and Small Business Development at:

http://www.broward.org/econdev/SmallBusiness/Pages/dbe_program.aspx

Contact the Office of Economic and Small Business Development at (954) 357-6400 for more information.

A listing of certified DBEs by Florida Department of Transportation (FDOT) can be viewed at the following Unified Certification Program (UCP) Website: https://www3.dot.state.fl.us/EqualOpportunityOffice/biznet/mainmenu.asp.

IF DBE PARTICIPATION HAS BEEN TARGETED THROUGH RACE-NEUTRAL MEANS, THE FORMS SET FORTH ABOVE NEED NOT BE SUBMITTED.

For purposes of this section, the term, “DBE Race-Neutral Participation,” means the Office of Economic and Small Business Development Division (OESBD) has determined that because federal funds are available for this project, DBE participation has been targeted through the use of RACE-NEUTRAL means. Race-Neutral does not mean that no efforts are made to facilitate DBE participation. Race-Neutral DBE participation occurs when a DBE wins a contract or subcontract that was not assigned numerical DBE goals, or when the DBE status was not considered in making the award. Some Race-Neutral means include but are not limited to: Making RFP or bids attractive to DBE’s, simplifying or reducing bonding requirements; making DBE’s aware of opportunities and distributing DBE directories to prime contractors.

Although there are no numerical goals assigned to this project, bidders/responders are highly encouraged to utilize the services of DBE-certified firms as much as possible.

f. CONTRACTOR agrees that throughout the term of this Contract, the services as

provided by the firms listed on Exhibit 1 (Letter of Intent) and Exhibit 2


http://www.broward.org/econdev/SmallBusiness/Pages/dbe_program.aspx


(Schedule of Participation) shall remain at least at the percentage levels set forth therein.

g. CONTRACTOR shall pay its Subcontractors and suppliers within ten (10) days for a construction Contract or within thirty (30) days for a non-construction Contract following receipt of payment from the COUNTY for such subcontracted work or supplies. CONTRACTOR agrees that if it withholds an amount as retainage from its Subcontractors or suppliers, that it will release such retainage and pay same within ten (10) days for a construction Contract or within thirty (30) days for a non-construction Contract following receipt of payment of retained amounts from COUNTY, or within ten (10) days for a construction Contract or within thirty (30) days for a non-construction Contract after the Subcontractor has satisfactorily completed its work, whichever shall first occur.

h. CONTRACTOR agrees that nonpayment of a Subcontractor or supplier shall be a material breach of this Contract and that COUNTY may, at its option, increase allowable retainage or withhold progress payments unless and until CONTRACTOR demonstrates timely payments of sums due to such Subcontractors or suppliers. CONTRACTOR agrees that the presence of a "pay when paid" provision in a subcontract shall not preclude COUNTY’s inquiry into allegations of nonpayment. The foregoing remedies shall not be employed when CONTRACTOR demonstrates that failure to pay results from a bona fide dispute with its Subcontractor or supplier.

i. CONTRACTOR agrees to complete and submit a monthly report to the Office of Economic and Small Business Development, with copy to the using department project manager, on DBE participation, which should contain a record of payments made to its DBE Subcontractors during the current reporting period. CONTRACTOR shall utilize the form attached as Exhibit 4 – Monthly DBE Utilization Report.

INSTRUCTION TO BIDDERS/RESPONDERSIf applicable to your Contract, Exhibit 4, Monthly DBE Utilization Report, is not required to be submitted with each bid, offer, or proposal. Exhibit 4 should be submitted to OESBD, with a copy to the using department project manager, on a monthly basis following commencement of services under this Contract.

j. CONTRACTOR agrees to complete and submit a Final Monthly DBE Participation Report containing the total amount paid to its DBE Subcontractors. This report must be submitted with the CONTRACTOR’s request for final payment and release of retainage, if applicable. CONTRACTOR shall utilize the form attached as Exhibit 5 - Final Monthly DBE Utilization Report.

INSTRUCTION TO BIDDERS/RESPONDERSExhibit 5, Final Monthly DBE Utilization Report, is not required to be submitted with each bid, offer, or proposal. Exhibit 5 should be submitted



with the CONTRACTOR’S request for final payment and release of retainage.

k. CONTRACTOR shall certify to COUNTY the amounts paid to each DBE involved in the project as either a joint venture partner or pursuant to a subcontract with the disadvantaged businesses. All such certifications shall be signed by both CONTRACTOR and DBEs. One of the main purposes of these provisions is to make sure that DBEs actually perform work committed to them at Contract award.

l. CONTRACTOR agrees that failure to provide appropriate certification as to the payment of DBEs and participants in the Contract, and provide certification in a form acceptable to COUNTY that disadvantaged business participation requirements of the Contract have been met, notwithstanding any other provisions of this Contract, shall be cause for COUNTY to withhold further payments under the Contract until such time as such certification is received and accepted by COUNTY, and shall not entitle CONTRACTOR to terminate the Contract, to cease work to be performed, or to be entitled to any damages or extensions of time, whatsoever, due to such withholding of payment or delay in work associated thereto.

If CONTRACTOR fails to comply with the requirements herein, COUNTY shall have the right to exercise any right or remedy provided in the Contract or under applicable law, with all such rights and remedies being cumulative.

m. CONTRACTOR shall not terminate a DBE subcontract for convenience and then perform the work with its own forces or its affiliate without the COUNTY's prior written consent. CONTRACTOR shall inform COUNTY immediately when a DBE firm is not able to perform or if CONTRACTOR believes the DBE firm should be replaced for any other reason, so that the Office of Economic and Small Business Development may review and verify the good faith efforts of CONTRACTOR to substitute the DBE firm with another DBE firm. Whenever a DBE firm is terminated for any reason, including cause, CONTRACTOR shall make good faith efforts to find another DBE firm to perform the work required of the original DBE firm.

8. CONTRACT COMPLIANCE MONITORING.a. Compliance monitoring is conducted to determine if CONTRACTOR and/or

Subcontractors are complying with the requirements of the DBE Program. Failure of the CONTRACTOR to comply with this provision may result in the COUNTY imposing penalties or sanctions pursuant to the provisions of the DBE regulation, 49 CFR Part 26.

b. Contract compliance will encompass monitoring for Contract dollar achievement and DBE CONTRACTOR utilization. The Office of Economic and Small Business Development staff will have the authority to audit and monitor all



Contracts and Contract-related documents related to COUNTY projects. The requirements of the DBE Program are applicable to all CONTRACTORS, general CONTRACTORS, and Subcontractors.

c. CONTRACTOR shall be responsible for ensuring proper documentation with regard to its utilization and payment of DBE Subcontractors.

9. ENERGY CONSERVATION. CONTRACTOR agrees to comply with mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. CONTRACTOR further agrees to include this provision in each subcontract financed in whole or in part with federal assistance provided by FTA.

10. TERMINATION. This Contract may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. This Contract may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by COUNTY, which termination date shall be not less than thirty (30) days after the date of such written notice. This Contract may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. The parties agree that if COUNTY erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided.

This Contract may be terminated for cause for reasons including, but not limited to, CONTRACTOR’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Contract. This Contract may also be terminated by the Board:

Upon the disqualification of CONTRACTOR as a DBE by COUNTY’s Director of the Office of Economic and Small Business Development Division if CONTRACTOR’s status as a DBE was a factor in the award of this Agreement and such status was misrepresented by CONTRACTOR;

Upon the disqualification of CONTRACTOR by COUNTY’s Director of the Office of Economic and Small Business Development due to fraud, misrepresentation, or material misstatement by CONTRACTOR in the course of obtaining this Contract or attempting to meet the DBE contractual obligations;

Upon the disqualification of one or more of CONTRACTOR’s DBE participants by COUNTY’s Director of the Office of Economic and Small Business Development



if any such participant’s status as a DBE firm was a factor in the award of this Contract and such status was misrepresented by CONTRACTOR or such participant;

a. Upon the disqualification of one or more of CONTRACTOR’s DBE participants by COUNTY’s Director of the Office of Economic and Small Business Development if such DBE participant attempted to meet its DBE contractual obligations through fraud, misrepresentation, or material misstatement; or

b. If CONTRACTOR is determined by COUNTY’s Director the Office of Economic and Small Business Development to have been knowingly involved in any fraud, misrepresentation, or material misstatement concerning the DBE status of its disqualified DBE participant.

Notice of termination shall be provided in writing except that notice of termination by the County Administrator, which the County Administrator deems necessary to protect the public health, safety, or welfare, may be verbal notice that shall be promptly confirmed in writing.

In the event this Contract is terminated for convenience, CONTRACTOR shall be paid for any services properly performed under the Contract through the termination date specified in the written notice of termination. CONTRACTOR acknowledges and agrees that it has received good, valuable and sufficient consideration from COUNTY, the receipt and adequacy of which are hereby acknowledged by CONTRACTOR, for COUNTY’s right to terminate this Agreement for convenience.

In the event that the underlying Contract contains a termination provision which conflicts with the termination provision above, the termination provisions set forth in the underlying Contract shall prevail over the termination provision set forth in this FTA/USDOT Funding Supplement.



PART B

ADDITIONAL REQUIREMENTS – CONDITIONAL(Please read each qualifying condition carefully.)

11. RECYCLED PRODUCTS. If this Contract is for items designated in Subpart B, 40 CFR Part 247 by the EPA, and COUNTY or CONTRACTOR procures $10,000 or more of one of these items during the fiscal year or has procured $10,000 or more of such items in the previous fiscal year using federal funds, the CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 USC 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

12. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION. If this Contract has a value of $25,000 or more, this procurement is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTORS, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The CONTRACTOR agrees to comply with 49 CFR 29, Subpart C, and must include the requirement to comply 49 CFR 29, Subpart C, in each Subcontract financed in whole or in part with federal assistance provided by FTA. (The form for certifying compliance, Government-wide Debarment and Suspension, is attached as Exhibit 6.)

INSTRUCTION TO BIDDERS/RESPONDERSIf applicable to your Contract, Exhibit 6, Government-Wide Debarment and Suspension (Non-procurement) Certification, should be executed and submitted with each bid, offer, or proposal of $25,000 or more, but must be submitted prior to award of Contract.

If Exhibit 6 is not applicable to your Contract, then mark it as “N/A” (Not Applicable).

13. BUY AMERICA. If this Contract exceeds $100,000, the CONTRACTOR agrees to comply with 49 USC §5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j) (2) (C) and 49 CFR 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

A Bidder or offeror must submit to COUNTY the appropriate Buy America certification, the certification form is attached as Exhibit 7, with all bids or proposals on FTA-08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


funded Contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America Certification must be rejected as nonresponsive.

INSTRUCTION TO BIDDERS/RESPONDERS If applicable to your Contract, Exhibit 7, Buy America Certificate, must be executed and submitted with each bid, offer, or proposal exceeding $100,000 (involving a rolling stock purchase, construction contracts, or procurement of steel, iron, or manufactured products).


14. RESOLUTION OF DISPUTES. Disputes – Unless the Contract provides otherwise, disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the COUNTY Project Manager for the Contract. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the CONTRACTOR mails or otherwise furnishes a written appeal to the COUNTY Contract Administrator. In connections with any such appeal, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of its position.

The decision of the Contract Administrator shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision.

Performance During Dispute – Unless otherwise directed by COUNTY, CONTRACTOR shall perform under the Contract while matters in dispute are being resolved.

Unless the Contract provides otherwise, jurisdiction of any controversies or legal problems arising out of this Contract, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Contract shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.

15. LOBBYING. CONTRACTORS who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with 08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


obtaining any federal award. Such disclosures are forwarded from tier to tier up to the COUNTY. A Restrictions on Lobbying Certification is attached as Exhibit 8.

INSTRUCTION TO BIDDERS/RESPONDERSIf applicable to your Contract, Exhibit 8, Restrictions on Lobbying Certification, should be executed and submitted with each bid, offer, or proposal exceeding $100,000, but must be submitted prior to award of Contract.


16. CLEAN AIR. The Clean Air requirements apply to all Contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year.

a. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §7401, et seq. CONTRACTOR agrees to report each violation to Broward County and agrees that COUNTY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

b. CONTRACTOR further agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA.

17. CLEAN WATER REQUIREMENTS. If this Contract is valued at $100,000 or more, CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.

a. CONTRACTOR agrees to report each violation to COUNTY and agrees that COUNTY will, in turn, report each violation as required to assure notification to the FTA and the appropriate EPA Regional Office.

b. CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA.

18. BONDING REQUIREMENTS. CONTRACTOR agrees to comply with the terms and conditions relating to bid guaranty, performance bond and payment bond (“Bonding Requirements”) as set forth in the underlying Contract to which this FTA/USDOT Funding Supplement is attached. In the event that the underlying Contract involves a construction or facility improvement exceeding $100,000, and the underlying Contract: (1) does not contain specific Bonding Requirements, or (2) the Bonding Requirements do meet the minimum requirements set forth below, the following Bonding Requirements shall apply:08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


CONTRACTOR shall provide a bid guarantee from each Bidder equivalent to five percent (5%) of the bid price, a performance bond on the part of the CONTRACTOR for 100 percent (100%) of the Contract price and a payment bond on the part of the CONTRACTOR for 100 percent (100%) of the Contract price in the form and of a type acceptable by COUNTY.

19. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS. If this purchase order or Contract involves a construction project over $2,000, the CONTRACTOR agrees to comply with Davis-Bacon and Copeland Act requirements at 40 USC 3141, et seq., and 18 USC 874. The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) and are set forth in 29 CFR 5.5(a). Section 29 CFR 5.5(a) is reproduced in its entirety below:

(a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in §5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency; provided, that such modifications are first approved by the Department of Labor):

1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any Contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such



laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its Subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary.

(C) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of



receipt and so advise the Contracting Officer, or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. COUNTY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Contract or any other Federal Contract with the same prime CONTRACTOR, or any other federally-assisted Contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime CONTRACTOR, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the CONTRACTOR or any Subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract, Broward County may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs 08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORS employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)(A) The CONTRACTOR shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to COUNTY if the agency is a party to the Contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all Subcontractors. CONTRACTORS and Subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Transit Administration if the agency is a party to the Contract, but if the agency is not such a party, the CONTRACTOR will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the COUNTY, the CONTRACTOR, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime CONTRACTOR to require a Subcontractor to provide addresses and social security numbers to the prime CONTRACTOR for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the CONTRACTOR or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following:



(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the CONTRACTOR or Subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The CONTRACTOR or Subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of COUNTY or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or Subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and Trainees--

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first ninety (90) days of probationary 08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163

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employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a CONTRACTOR is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the CONTRACTOR’s or Subcontractor 's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate, who is not registered and participating in a training plan approved by the 08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163



Employment and Training Administration, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30.

(5) Compliance with Copeland Act requirements. The CONTRACTOR shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract.

(6) Subcontracts. The CONTRACTOR or Subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any Subcontractors or lower tier Subcontractor with all the Contract clauses in 29 CFR 5.5.

(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a CONTRACTOR and a Subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its Subcontractors) and the Contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility.

(i) By entering into this Contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR’s firm is a person or firm ineligible to be awarded Government Contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163

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(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government Contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. If this purchase order or Contract involves a construction project in excess of $100,000 or more, the CONTRACTOR shall comply with the Contract and Work Hours Safety Act, 40 USC 3701 and 29 CFR 5.5 (b) are reproduced below.

As used in the paragraphs below, the terms laborers and mechanics include watchmen and guards.

(a) Overtime requirements. No CONTRACTOR or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times (1½) the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section, the CONTRACTOR and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and Subcontractor shall be liable to the United States (in the case of work done under Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.

(c) Withholding for unpaid wages and liquidated damages. COUNTY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or Subcontractor under any such Contract or any other Federal Contract with the same prime CONTRACTOR, or any other federally-assisted Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or Subcontractor for unpaid







wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.

(d) Subcontracts. The CONTRACTOR or Subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.

21. TRANSIT EMPLOYEE PROTECTIVE CONTRACTS. If this Contract involves transit operations performed by employees of a CONTRACTOR recognized by FTA to be a transit operator:

a. CONTRACTOR agrees to comply with the applicable transit employee protective requirements, as follows:

1. General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, CONTRACTOR agrees to carry out the transit operations work on the underlying Contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying Contract. CONTRACTOR agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements this subsection 1., however, do not apply to any Contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections 2. and 3. of this clause.

2. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying Contract, CONTRACTOR agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms



and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth in the Grant Contract or Cooperative Contract with the state. CONTRACTOR agrees to perform transit operations in connection with the underlying Contract in compliance with the conditions stated in that U.S. DOL letter.

3. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, CONTRACTOR agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.

b. CONTRACTOR also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA.

22. FLY AMERICA. CONTRACTOR agrees to comply with 49 USC 40118 (the “Fly America” Act) in accordance with the General Services Administration regulations at 41 CFR part 301-10, which provide that recipients and subrecipients of federal funds and their CONTRACTORs are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. CONTRACTOR shall submit, if a foreign air carrier is used, an appropriate certification or memorandum adequately explaining why service by a U.S. Flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. CONTRACTOR agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

23. CARGO PREFERENCE. The Cargo Preference requirements apply to all Contracts and subcontracts involving equipment, materials, or commodities which may be transported by ocean vessels.

Cargo Preference - Use of United States-Flag Vessels - CONTRACTOR agrees:

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

b. to furnish within twenty (20) working days following the date of loading for shipments originating within the United States or within thirty (30) working days



following the date of leading for shipments originating outside the United States, a legible copy of a rated, "onboard" commercial ocean bill of lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the COUNTY (through CONTRACTOR in the case of a Subcontractor’s bill of lading.);

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

24. DRUG AND ALCOHOL TESTING. If this Contract involves a safety-sensitive function on behalf of COUNTY, the CONTRACTOR agrees to participate in Broward County Transit Division’s drug and alcohol testing program or agrees to establish and implement its own drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the USDOT or its operating administrations, the State Oversight Agency, or COUNTY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing process.

In the event CONTRACTOR subcontracts all or part of the transit service to a third party, a similar requirement including review and approval by the COUNTY’s Contract Administrator must be included in any Contract.

CONTRACTOR further agrees to certify, prior to the commencement of services under this Contract or purchase order and annually thereafter, compliance with current FTA regulations, and to submit the Management Information System (MIS) reports before March 15 to the Director, Transit Division (a model form for certifying compliance, Drug and Alcohol Testing Program Compliance Certification, is attached as Exhibit 9). To certify annual compliance, CONTRACTOR shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Contracts,” which is published annually in the Federal Register.

INSTRUCTION TO BIDDERS/RESPONDERSIf applicable to your Contract, Exhibit 9, Drug and Alcohol Testing Program Compliance Certification, should be executed and submitted with each bid, offer, or proposal for Transit Operational Services, but must be submitted prior to award of Contract. The term “Transit Operational Services” refers to services for the operation and maintenance of public transit vehicles.




25. PATENT AND RIGHTS IN DATA. If this Contract involves patent and rights in data requirements for federally-assisted research projects in which FTA finances in whole or in part the development of a product or information, CONTRACTOR agrees to be bound by the terms and conditions specified below. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.

a. Rights in Data - This following requirements apply to each Contract involving experimental, developmental or research work:

(1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration.

(2) The following restrictions apply to all subject data first produced in the performance of the Contract to which this Attachment has been added:

(a) Except for its own internal use, CONTRACTOR may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the CONTRACTOR authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any Contract with an academic institution.

(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party.

1. Any subject data developed under that Contract, whether or not a copyright has been obtained; and



2. Any rights of copyright purchased by the COUNTY or CONTRACTOR using Federal assistance in whole or in part provided by FTA.

(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the COUNTY and CONTRACTOR performing experimental, developmental, or research work required by the underlying Contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying Contract, is not completed for any reason whatsoever, all data developed under that Contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c), however, does not apply to adaptations of automatic data processing equipment or programs for the COUNTY or CONTRACTOR’s use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects.

(d) CONTRACTOR agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by CONTRACTOR of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that Contract. CONTRACTOR shall not be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.

(e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.

(f) Data developed by the COUNTY or CONTRACTOR and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause,



provided that the COUNTY or CONTRACTOR identifies that data in writing at the time of delivery of the Contract work.

(g) Unless FTA determines otherwise, CONTRACTOR agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.

(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of CONTRACTOR’s status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), CONTRACTOR agrees to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Contracts," 37 C.F.R. Part 401.

(4) CONTRACTOR also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.

b. Patent Rights - The following requirements apply to each Contract involving experimental, developmental, or research work:

(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the underlying Contract, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the COUNTY and CONTRACTOR agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.

(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of CONTRACTOR’s status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the COUNTY and CONTRACTOR agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Contracts," 37 C.F.R. Part 401.

(3) CONTRACTOR also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.



26. PRIVACY ACT. The following requirements apply to the CONTRACTOR and its employees that administer any system of records on behalf of the Federal Government under any Contract:

a. CONTRACTOR agrees to comply with, and assures the compliance of its employees with, information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC 552a.

Among other things, CONTRACTOR agrees to obtain the express consent of the Federal Government before CONTRACTOR or its employees operate a system of records on behalf of the Federal Government. CONTRACTOR understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of the 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. CONTRACTOR also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with federal assistance provided by FTA.

27. CHARTER BUS. If this is an Operational Service Contract, CONTRACTOR agrees to comply with 49 USC 5323(d) and 49 CFR Part 604, which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally-funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR Part 604.

28. SCHOOL BUS REQUIREMENTS. If this is an Operational Service Contract, pursuant to 49 USC 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally-funded equipment, vehicles, or facilities.

29. BUS TESTING. The Bus Testing requirements pertain only to the acquisition of Rolling Stock/Turnkey. If this Contract pertains to the acquisition of rolling stock/turnkey, the CONTRACTOR manufacturer agrees to certify, prior to commencement of services under this Contract, to comply with 49 USC A5323(c) and FTA’s implementing regulations at 49 CFR Part 665, and shall perform the following:

a. A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to COUNTY at a point in the procurement process specified by COUNTY which will be prior to COUNTY's final acceptance of the first vehicle.



b. A manufacturer who releases a report under paragraph a. above shall provide notice to the operator of the testing facility that the report is available to the public.

c. If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to COUNTY prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing.

d. If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components.

A Bus Testing Compliance Certification is attached as Exhibit 10.

INSTRUCTION TO BIDDERS/RESPONDERSIf applicable to your Contract, Exhibit 10, Bus Testing Compliance Certification, should be executed and submitted with each bid, offer, or proposal, but must be submitted prior to award of Contract.


30. PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS. If this Contract pertains to the acquisition of rolling stock, the CONTRACTOR agrees to comply with 49 USC §5323(m) and FTA’s implementing regulation at 49 CFR Part 663 and to submit the following certifications:

a. Buy America Requirements. The CONTRACTOR shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists: 1) component and subcomponent parts of the rolling stock to be purchased, identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

b. Solicitation Specification Requirements. CONTRACTOR shall submit evidence that it will be capable of meeting the bid specifications.



c. Federal Motor Vehicle Safety Standards (FMVSS). CONTRACTOR shall submit: 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS; or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.

A Pre-Award and Post-Delivery Audit Requirements Certification is attached as Exhibit 11.

INSTRUCTION TO BIDDERS/RESPONDERSIf applicable to your Contract, Exhibit 11, Pre-Award and Post-Delivery Audit Requirements Certification, must be executed and submitted with each bid, offer, or proposal exceeding $100,000.

If this Exhibit 11 is not applicable to your Contract, then mark it as “N/A” (Not Applicable).

31. SEISMIC SAFETY. If this Contract pertains to the construction of new buildings or additions to existing buildings, CONTRACTOR agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations at 49 CFR Part 41, and will certify compliance to the extent required by the regulation. CONTRACTOR also agrees to ensure that all work performed under this Contract, including work performed by a Subcontractor, is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

32. TRANSIT VEHICLE MANUFACTURER (TVM) CERTIFICATION. If this Contract involves the procurement of transit vehicles, the CONTRACTOR must obtain from each Transit Vehicle Manufacturer (TVM), distributor, or dealer, and submit with its bid, a TVM certification stating that, as a condition of being authorized to bid on transit vehicle procurements funded by FTA, the TMV certifies that it has complied with the requirements of 49 CFR 26.49, by submitting a current annual DBE Goal to the FTA. A Transit Vehicle Manufacturer (TVM) Certification of Compliance is attached as Exhibit 12.

INSTRUCTION TO BIDDERS/RESPONDERSIf applicable to your Contract, Exhibit 12, Transit Vehicle Manufacturer (TVM) Certification of Compliance, should be executed and submitted with each bid, offer, or proposal, but must be submitted prior to award of Contract.


33. NATIONAL ITS ARCHITECTURE. If this Contract involves an Intelligent Transportation System project (ITS), CONTRACTOR agrees to conform, to the extent applicable, to the National Intelligent Transportation Systems (ITS) Architecture and 08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


Standards as required by SAFETEA LU Section 5307, Chapter, 23 U.S.C. section 512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects, " 66 Fed. Reg. 1455 et seq., January 8, 2001, and to any subsequent further implementing directives, except to the extent FTA determines otherwise in writing.

DDS/SVT/dacDBE/FTAFundingSupplement10.04.11



INSTRUCTION TO BIDDERS/RESPONDERS: If applicable to your Contract, Exhibit 1, Letter of Intent, must be executed and submitted with each bid, offer, or proposal.



EXHIBIT 1


EXHIBIT 2

INSTRUCTION TO BIDDERS/RESPONDERS:If applicable to your Contract, Exhibit 2, Schedule of DBE Participation, must be executed and submitted with each bid, offer, or proposal.

If this Exhibit 2 is not applicable to your Contract, then mark it as “N/A” (Not Applicable).



EXHIBIT 3

INSTRUCTION TO BIDDERS/RESPONDERS: If applicable to your Contract, Exhibit 3, DBE Unavailability Report, must be executed and submitted with each bid, offer, or proposal.




EXHIBIT 4

INSTRUCTION TO BIDDERS/RESPONDERS: If applicable to your Contract, Exhibit 4, DBE Monthly Utilization Report, should be executed and submitted by Contractor to OESBD, with a copy to the using department project manager, on a monthly basis following commencement of services under this Contract.




EXHIBIT 5

INSTRUCTION TO BIDDERS/RESPONDERS : If applicable to your Contract, Exhibit 5, Final Monthly DBE Utilization Report, should be executed and submitted by Contractor with the Contractor’s request for final payment and release of retainage.




EXHIBIT 6GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

CERTIFICATION

IF THIS CONTRACT OR PURCHASE ORDER HAS A VALUE OF $25,000 OR MORE, THIS PROCUREMENT IS A COVERED TRANSACTION FOR

PURPOSES OF 49 CFR PART 29.

This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The CONTRACTOR is required to comply with 49 CFR 29, Subpart 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 bid or proposal, the Bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by COUNTY. If it is later determined that the Bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C, while this offer is valid and throughout the period of any Contract that may arise from this offer. The Bidder or proposer further agrees to include a provision requiring such compliance in its lower tier-covered transactions.

____________________ _________________________________ (Date) (Signature)

_________________________________ (CONTRACTOR)

_________________________________ (Title)

INSTRUCTION TO BIDDERS/RESPONDERS:If applicable to your Contract, Exhibit 6, Government-Wide Debarment and Suspension (Non-procurement) Certification, should be executed and submitted with each bid, offer, or proposal of $25,000 or more, but must be submitted prior to award of Contract. If Exhibit 6 is not applicable to your Contract, then mark it as “N/A” (Not Applicable).08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


EXHIBIT 7BUY AMERICA CERTIFICATION

FOR PROCUREMENTS OF STEEL, IRON, AND MANUFACTURED PRODUCTS (INCLUDING CONSTRUCTION CONTRACTS, MATERIALS

AND SUPPLIES, AND ROLLING STOCK ) OVER $100,000

If this Contract or purchase order is valued in excess of $100,000 and involves the procurement of steel, iron, or manufactured products, the Bidder or offeror hereby certifies that it:

□ Will meet the requirements of 49 USC 5323(j)(1) and the applicable regulations in 49 CFR part 661.5.

□ Cannot meet the requirements of 49 USC 5323(j)(1) and 49 CFR part 661.5, but it may qualify for an exception pursuant to 49 USC 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.

If this Contract or purchase order is valued in excess of $100,000 and involves the procurement ofbuses, other rolling stock, and associated equipment, the Bidder or offeror certifies that it:

□ Will comply with the requirements of 49 USC 5323(j)(2)(C) and the regulations at 49 CFR part 661.11.

□ Cannot comply with the requirements of 49 USC 5323(j)(2)(C) and 49 CFR 661.11, but may qualify for an exception pursuant to 49 USC 5323(j)(2)(A), 5323(j) (2)(B), or 5323(j)(2)(D), and 49 CFR 661.7. ____________________ __________________________________________________ (Date) (Signature)

__________________________________________________ (CONTRACTOR)

__________________________________________________ (Title)

Note: This Buy America certification must be submitted to Broward County with all bids or offers on FTA-funded Contracts involving construction or the acquisition of goods or rolling stock, except those subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds.

INSTRUCTION TO BIDDERS/RESPONDERS:If applicable to your Contract, Exhibit 7, Buy America Certification, must be executed and submitted with each bid, offer, or proposal exceeding $100,000.08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


EXHIBIT 8RESTRICTIONS ON LOBBYING CERTIFICATION

FOR ALL PROCUREMENTS OVER $100,000 INVOLVING CONSTRUCTION/ARCHITECTURAL AND ENGINEERING/ACQUISITION OF ROLLING STOCK/PROFESSIONAL SERVICE CONTRACTS/OPERATIONAL

SERVICE CONTRACTS/ TURNKEY CONTRACTS

The undersigned certifies, to the best of his or her knowledge and belief, that:1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal Contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal Contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence to an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions [as amended by “Government-wide Guidance for New Restrictions on Lobbying,”

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

The undersigned certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the undersigned understands and agrees that the provisions of 31 USC A3801, et seq., apply to this certification and disclosure, if any.

__________________________ ___________________________________________________ (Date) (Signature)

_________________________ ___________________________________________________(Title) (CONTRACTOR)

INSTRUCTION TO BIDDERS/RESPONDERS: If applicable to your Contract, Exhibit 8, Restrictions on Lobbying Certification, should be executed and submitted with each bid, offer, or proposal, exceeding $100,000, but must be submitted prior to award of Contract. 08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


EXHIBIT 9DRUG AND ALCOHOL TESTING PROGRAM COMPLIANCE CERTIFICATION

FOR TRANSIT OPERATIONAL SERVICE CONTRACTS INVOLVING THE OPERATION OF A TRANSIT SERVICE OR PROVIDING TRANSIT VEHICLE MAINTENANCE, REPAIR, OVERHAUL, AND/OR REBUILT VEHICLES, ENGINES, AND PARTS, OR CONTRACTS FOR SECURITY PERSONNEL THAT CARRY FIREARMS.

The undersigned certifies that CONTRACTOR, and its SUBCONTRACTORS as required, has established and implemented an anti-drug and alcohol prevention program in accordance with 49 CFR Part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.”1.

The undersigned further agrees to produce any documentation necessary to establish its compliance with 49 CFR Part 655, and to permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency (the Florida Department of Transportation), or COUNTY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and to review the testing process.

The undersigned further agrees to certify annually its compliance with Part 655 before March 15 and to submit the Management Information System (MIS) reports no later than February 15) to COUNTY.

To certify compliance, CONTRACTOR shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” which is published annually in the Federal Register.

____________________ __________________________________________________ (Date) (Signature)

__________________________________________________ (CONTRACTOR)

__________________________________________________ (Title)

1. The Federal Transit Administration (FTA) – mandated drug and alcohol testing program is separate from and in addition to the provisions of the Drug-Free Workplace Act (DFWA).

INSTRUCTION TO BIDDERS/RESPONDERS: If applicable to your Contract, Exhibit 9, Drug and Alcohol Testing Program Compliance Certification, should be executed and submitted with each bid, offer, or proposal, but must be submitted prior to award of Contract.

If Exhibit 9 is not applicable to your Contract, then mark it as “N/A” (Not Applicable).08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


EXHIBIT 10BUS TESTING COMPLIANCE CERTIFICATION

FOR ALL PROCUREMENTS OF BUSES/ROLLING STOCK/TURNKEY

The undersigned (CONTRACTOR/manufacturer) certifies that the vehicle offered in this procurement complies with 49 USC A5323(c) and FTA’s implementing regulation at 49 CFR Part 665.

The undersigned understands that misrepresenting the testing status of a vehicle acquired with federal financial assistance may subject the undersigned to civil penalties as outlined in the U.S. Department of Transportation’s regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29.

____________________ __________________________________________________ (Date) (Signature)

__________________________________________________ (CONTRACTOR)

__________________________________________________ (Title)

INSTRUCTION TO BIDDERS/RESPONDERS:If applicable to your Contract, Exhibit 10, Bus Testing Compliance Certification, should be executed and submitted with each bid, offer, or proposal, but must be submitted prior to award of Contract.

If Exhibit 10 is not applicable to your Contract, then mark it as “N/A” (Not Applicable)



EXHIBIT 11PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS CERTIFICATION

FOR PROCUREMENTS OF BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT OVER $100,000

Check one:

□ The Bidder hereby certifies that it will comply with the requirements of 49 USC 5323(j)

(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 CFR 661.11.

□ The Bidder hereby certifies that it cannot comply with the requirements of 49 USC 5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 USC Sections 5323(j)(2)(B) or 5323(j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act of 1982 as amended, and regulations in 49 CFR 661.7.

____________________ __________________________________________________ (Date) (Signature)

__________________________________________________ (CONTRACTOR)

__________________________________________________ (Title)

Note: This certification must be submitted with each bid or offer exceeding the small purchase threshold for federal assistance programs, currently set at $100,000.

INSTRUCTION TO BIDDERS/RESPONDERS: If applicable to your Contract, Exhibit 11, Pre-Award and Post-Delivery Audit Requirements Certification, must be executed and submitted with each bid, offer, or proposal exceeding $100,000.

If Exhibit 11 is not applicable to your Contract, then mark it as “N/A” (Not Applicable).08/24/2007 Revision 02/26/2009, Revision 08/15/2011, Revision 10/04/2011Rev 1.3.12 of 163


EXHIBIT 12TRANSIT VEHICLE MANUFACTURER (TVM)

CERTIFICATION OF COMPLIANCE WITH SUB PART D, PART 26

FOR ALL BUSES/ROLLING STOCK PROCUREMENTS

This procurement is subject to the provisions of Section 26.49 of 49 CFR Part 26. Accordingly, as a condition of permission to bid, the following certification must be completed and submitted with the bid. A bid which does not include the certification will not be considered.

TRANSIT VEHICLE MANUFACTURER (TVM) CERTIFICATION

__________________________________________, a TVM, herby certifies that it has complied with the

(Name of Firm)

requirements of Section 26.49 of 49 CFR Part 26 by submitting a current DBE Goal to the FTA. The

goals apply to fiscal year _____________________ and have been approved or not disapproved by the FTA. (Date of Fiscal Year)

___________________________________,hereby certifies that the manufacturer of the transit vehicle

(Name of Firm)

to be supplied ___________________________________ has complied with the above- referenced (Name of Manufacturer)

requirements of Section 26.49 of 49 CFR Part 26. __________________________________________________ ____________________________

(Signature) (Date)

Title: ______________________________________________

Company: __________________________________________

Telephone No.:______________________________________

Fax No.:____________________________________________

INSTRUCTION TO BIDDERS/RESPONDERS: If applicable to your Contract, Exhibit 12, Transit Vehicle Manufacturer (TVM) Certification, should be executed and submitted with each bid, offer, or proposal, but must be submitted prior to award of Contract.



RLI No. V0998514R1SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING ARRA FUNDS

INSTRUCTIONS TO BIDDERS: This project is being funded with American Recovery and Reinvestment Act of 2009, Pub. L. 111-5 (“ARRA”) funds, and unique terms and conditions apply. Because there is high interest in the status of ARRA-funded projects and their impact on our economy, Broward County will be routinely reporting its progress to the Federal Transit Administration and to Congress. Broward County will therefore require information from Bidders regarding each Bidder’s progress, including the jobs your firm has created or retained with these projects. Broward County looks forward to partnering with your firm on this important project which is intended to improve transit service delivery to County residents and customers and assist with the economic recovery in Broward County. The status of all projects being funded in Broward County and across the United States of America will be available for viewing by the general public at www.recovery.gov. As used in this document, “Contractor” means the contractor receiving ARRA funds from Broward County under this agreement, and ”Subcontractor” means any entity or person that enters into a contractual agreement with the Contractor to perform a part of the work.

1. This contract is governed by the provisions of the ARRA and Federal Regulations and other guidance from the Federal government implementing the ARRA. The Contractor agrees that it will comply with all ARRA requirements applicable to this contract. The Contractor acknowledges that these Supplemental Terms and Conditions may require changes due to future revisions of the ARRA requirements, and Contractor agrees that it shall comply with any such changes upon receipt of written notification from Broward County of such changes. Such changes shall become a material part of the contract without the necessity of either party executing an amendment to this contract. The Contractor specifically agrees to comply with each of the terms and conditions contained herein.

2. INTEGRITY: The contractor agrees that information provided to Broward County in compliance with ARRA requirements will be accurate, objective, and of the highest integrity.

3. DUNS NUMBER: All Contractors are required to register and provide Broward County with their unique Dun and Bradstreet Data Universal Numbering System (DUNS) Number within five (5) calendar days prior to award.

4. AVAILABILITY OF FUNDING: Contractor agrees that programs supported with temporary federal funds made available by the ARRA will not be continued with federal or county financed appropriations once the temporary federal funds are expended.

5. BUY AMERICAN REQUIREMENT: Contractor agrees that in accordance with ARRA, Section 1605, neither Contractor nor its Subcontractors will use ARRA funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel and manufactured goods used in the project are produced in the United States in a manner consistent with United States obligations under international agreements. The Contractor understands that this requirement may only be waived by the head of the applicable federal agency in limited situations as set out in ARRA, Section 1605.

6. CONFLICTING REQUIREMENTS: Contractor agrees that, in the event of a conflict between the terms of this contract and the ARRA requirements, the provisions of the ARRA shall be controlling.

7. FALSE CLAIMS ACT: Contractor agrees that it shall promptly refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, Subcontractor or other person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Reference 31 U.S.C. 3729.

8. ENFORCEABILITY: Contractor agrees that if Contractor or one of its Subcontractors fails to comply with all applicable federal and state requirements governing the use of ARRA funds, Broward County may withhold or suspend, in whole or in part, funds awarded under the program, or recover misspent funds following an audit. This provision is in addition to all other remedies available to Broward County under all applicable federal, state and county laws.

ARRA Revised 10-26-10

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9. SUBCONTRACTOR FLOW-DOWN REQUIREMENTS: Contractor agrees that it shall include these supplemental terms and conditions, including this requirement, in any of its subcontracts in connection with projects funded in whole or in part with funds available under the ARRA.

10. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE. The Comptroller General and his representative are authorized (1) to examine any records of the Contractor or any of its Subcontractors, that directly pertain to, and involve transactions relating to this Contract; and (2) to interview any officer or employee of the Contractor or any of its Subcontractors regarding transaction.

11. ACCESS OF OFFICES OF INSPECTOR GENERAL TO CERTAIN RECORDS AND EMPLOYEES. Any representative or an appropriate inspection general appointed under section 3 or 8G of the Inspector General Act of 1978 (U.S.C App.) is authorized: (1) to examine any records of the Contractor, any of its Subcontractors that pertain to, and involve transactions relating to this contract; and (2) to interview any officer or employee of the Contractor regarding such transactions. Nothing herein shall be interpreted to limit or restrict in any way any exisiting authority of an inspection general. Reference ARRA, Section 901 and 1515.

12. PROHIBITION ON USE OF ARRA FUNDS: Contractor agrees that none of the funds made available under this contract may be used for any casino or other gambling establishment, aquarium, zoo, golf course, swimming pools, or similar projects. Reference ARRA, Section 1604.

13. PUBLICATION: Contractor shall include the ARRA emblem and Transportation Investment Generating Economic Recovery (TIGER) program emblem to identify projects(s) financed with Recovery Act funds in a manner consistent with federal guidance on all project signage, and is encouraged, to the maximum extent possible, to use the logo on all other publications in connection with the activities funded by Broward County that use ARRA funds.

14. REPORTING REQUIREMENTS: a. Pursuant to Section 1512 of the ARRA, primary recipients of ARRA funds must submit a report to the

federal government no later than ten (10) calendar days after the end of each calendar quarter. Accordingly, Contractor agrees to provide Broward County with the required information no later than five (5) calendar days before the end of each calendar quarter. A model form for this report is attached as Exhibit A and must contain the information outlined below:

i. The total amount of ARRA funds received by Contractor during the Reporting Period;ii. The amount of ARRA funds that were expended during the Reporting Period;

iii. A detailed list of all projects or activities for which ARRA funds were expended or obligated, including:

1. the name of the project or activity; 2. a description of the project or activity; 3. an evaluation of the completion status of the project or activity;

iv. Number of new positions created and filled, positions retained, or previously existing unfilled positions that are filled or retained as a result of this Contract. The estimated number shall be expressed as full-time equivalent (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the Contractor; and

v. a brief description of the types of jobs created or jobs retained in the United States and outlying areas. This description may rely on job titles, broader labor categories, or the Contractor’s existing practice for describing jobs provided the terms are widely understood and describe the general nature of the work.

vi. For any contracts equal to or greater than $25,000, a model form for this report is attached as Exhibit B, which should be submitted in addition to Exhibit A, and must include the following:

1. The name of the entity receiving the contract;


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2. The amount of the contract;3. The transaction type;4. The North American Industry Classification System (NAICS) code or Catalog of Federal

Domestic Assistance (CFDA) number; source;5. An award title descriptive of the purpose of each funding action;6. The location of the entity receiving the contract;7. The primary location of the contract, including the city, state, congressional district and

county; 8. A unique identifier of the entity receiving the contract and the parent entity of

Contractor, should the entity be owned by another; and9. The names and total compensation of the five most highly compensated officers of the

company if it received: 1) 80% or more of its annual gross revenues in Federal awards; and 2) $25M or more in annual gross revenue from Federal awards.

vii. For any subcontracts of less than $25,000 or to individuals, the information required above may be reported in the aggregate using the model form attached as Exhibit A and requires the certification of an authorized officer of Contractor that the information contained in the report is accurate.

viii. Any other information, including certified payroll, reasonably requested by Broward County or required by county or federal law or regulation. Standard data elements and federal instructions for use in complying with reporting requirements under Section 1512 of the ARRA were published in the Federal Register on April 1, 2009 [74 FR 14824], and are provided online at www.FederalReporting.gov.

b. The Committee on Transportation and Infrastructure (T&I) has authority over Governmental Responses to Transparency and Accountability as it relates to the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). Pursuant to this T&I Committee, primary recipients of ARRA funds must submit a report to Congress no later than 30 calendar days before the end of each month. Accordingly, Contractor agrees to provide Broward County with the required information no later than the fifteenth (15th) day of each month. A model form for this report is attached as Exhibit D and must contain the information outlined below:

i. Number of Projects under contract, Recovery Act funds associated with projects under contract, Number of projects in which work has begun, Recovery Act funds associated with projects in which work has begun, Number of projects in which work has been completed, Recovery Act funds associated with completed projects, Number of direct, on-project jobs created or sustained by Recovery Act funds, Total job hours created or sustained by Recovery Act funds, and Total payroll of job hours created or sustained by Recovery Act funds.

ii. Only report on what actually occurred during the reporting period. Do not report on projected, anticipated, or estimated information.

iii. Data in all categories should be cumulative. Include not only what actually occurred during the current reporting period, but also add that information to what was previous reported, and actually occurred, during previous periods. For example, a May report, due no later than June 15th, would include information from contract start date through May 31st.


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iv. Only direct, on-project job and job hours should be reported. These on-project jobs and job hours include contractors and sub-contractors, and are defined as "all jobs billed directly to the projects. Jobs not billed directly to the projects, such as those associated with the off-site production of equipment, vehicles, or construction materials should not be considered."

v. Jobs created is defined as "those new positions created or fulfilled, or previously existing unfilled positions that are filled, as a result of Recovery Act funding". Jobs retained is defined as "those previously existing filled positions that are retained as a result of Recovery Act funding". Office of Management and Budget's April 2009 guidance has additional information.

vi. Reporting must be completed in "xls" format. Excel "xlsx" format is not permitted. vii. When reporting dollar amounts, only report in dollars and do not use characters, such as dollar

sign ($), comma (,), decimal points, (.), etc. viii. Forms may be downloaded from http://transportation.house.gov/singlepages/singlepages.aspx?

NewsID=852 Only Table 1 is required of the Contractor.15. CERTIFICATION STATEMENT ON INVOICES: Contractor agrees to include the following certification on all invoices

submitted to Broward County for payment: “I certify that to the best of my knowledge and belief the data above are correct and that all outlays were made in accordance with the grant conditions or other agreement and that payment is due and has not been previously requested”.

16. WAGE REQUIREMENTS: Contractor agrees that, in accordance with Section 1606 of the ARRA, both it and its Subcontractors shall fully comply with this section in that, notwithstanding any other provision of law, and in a manner consistent with the other provisions of the ARRA, all laborers and mechanics employed by contractors and subcontractors on projects funded in whole or in part with funds available under the ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the United States Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40 of the United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in the Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App) and section 3145 of title 40 United States Code.

17. WHISTLEBLOWER PROTECTION Contractor agrees that it shall comply with the provision of Section 1553 of ARRA. The requirements of Section 1553 of the Act are summarized and include, but are not limted to: Contractor shall not discharge, demote or otherwise discriminate against an employee as a reprisal for disclosures by the employee of information that the employee reasonably believe is evidence of: (a) gross mismanagement of a contract or grant relating to ARRA funds; (b) a gross waste of ARRA funds; (c) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (d) an abuse of authority related to implementation or use of ARRA funds; or (e) a violation of law, rule, or regulation related to a contract, including the competition for or negotiation of a contract or grant, awarded or issued relating to ARRA funds. Contractor shall post a notice of the rights and remedies available to employees under ARRA Section 1553 in all workplaces where employees perform work that is funded in whole or in part by money authorized under the ARRA. A copy of this poster is attached as Exhibit C. Refer to section 1553 ARRA for specific requirements of this section and prescribed language for the notices.

18. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT: All agencies, Contractors and Subcontractors must comply with any applicable environmental impact requirements of the National Environmental Policy Act of 1970, (NEPA). Reference ARRA, Section 1609.

19. JOB POSTING: Contractors are strongly encouraged to post all recruitments for ARRA jobs on the Employ Florida Marketplace at (https://www.employflorida.com/). The Department of Labor and workforce boards statewide have


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received ARRA funds to assist employers to find qualified applicants. This is not intended to prevent Contractor from seeking needed employees by other means including industry-specific programs.

PLEASE NOTE THAT COMPLIANCE WITH APPLICABLE SECTIONS OF ARRA WILL BE STRICTLY ENFORCED BY THE FEDERAL, STATE AND COUNTY GOVERNMENT. THEREFORE, ALL CONTRACTORS AND SUBCONTRACTORS SHOULD BECOME FAMILIAR WITH THE SPECIFIC TERMS AND REPORTING REQUIREMENTS OF ARRA AS MAY BE APPLICABLE TO ARRA FUNDS RELATED TO THIS CONTRACT. ADDITIONAL RESOURCES ARE AVAILABLE AT http://www.fta.dot.gov/index_9440.html; http://www.recovery.gov.


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Exhibit AReporting Form for All Contractors Receiving ARRA FundsGrant: Contractor Name:

Name of Project or Activity: Total ARRA funds received by Contractor during reporting period $

Amount of ARRA funds expended during reporting period $

Number of positions created and filled, retained, or existing unfilled positions filled/retained as a result of this Contract, in total hours and full-time equivalent (FTE), calculated cumulatively as all hours worked divided by total number of hours in full-time schedule.

Total Hours

FTE

Description of jobs created or retained

DETAILED LIST OF PROJECTS/ACTIVITIES for which ARRA funds were expended or obligatedNAME

Description of project or activity

Evaluation of completion status, description of progress

NAME



NAME



Additional sheets may be attached as necessary.Submitted by: (name and title)

Signature / Date /


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Exhibit BReporting Form for All Contracts/Subcontracts Greater than or Equal to $25,000

Grant: Contractor Name: Name of Project or Activity: Amount of Contract:Transaction TypeAward title descriptive of the purpose of each funding actionNAICS code CFDA

NumberUnique identifier of the entity receiving the contract and the parent entity of Contractor should the entity be owned by another.Contractor Address (with zip+4):

Telephone:

Primary location of contract

City State Congressional District

County

The names and total compensation of the five most highly compensated officers of the company if it received: 1) 80% or more of its annual gross revenues in Federal awards; and 2) $25M or more in annual gross revenue from Federal awards.

1. $2. $

3. $

4. $

5. $Additional sheets may be attached as necessary.

Submitted by: (name and title)

Signature / Date


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Exhibit CWhistleblower Notice of Rights and Remedies


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RLI No. V0998514R1ATTACHMENT A

EXISTING BCT ENVIRONMENT

BCT provides fixed-route, community feeder and paratransit bus services to residents and visitors of Broward County. While the fixed-route bus services are directly operated and managed by BCT. BCT has partnered with 18 municipalities to operate the community feeder bus services. The paratransit services are provided through contracted private providers. This project will address the needs of the fixed-route bus fleet as well as supervisor and maintenance/service vehicles that support the fixed-route bus fleet.

The following information highlights BCT’s bus operations:• Service area:

o 410 square miles within Broward County. Total County area is approximately 1,200 square mile with 790 square miles of conservation area.

o Population is 1,748,066 – 2nd largest in Floridao Population density per square mile is 4,264.o BCT buses connect to Palm Beach and Miami-Dade transit systems and to Tri-Rail.

• Administration offices and Bus Depots:o Administration offices - 1 N. University Drive, Plantation, FL 33324o Copans bus depot where the Communications Center is located - 3201 W. Copans

Road, Pompano Beach, FL 33069 o Ravenswood bus depot - 5440 Ravenswood Road, Fort Lauderdale, FL 33312

• Total Active Fleet:o 322 fixed-route buses. 192 at Copans and 130 at Ravenswood.o 250 fixed-route buses are in service during peak periods.o All fixed-route buses are wheelchair accessible.o 72 community buses (not in scope of this project)o Paratransit service (not in scope of this project)o 11 supervisor vehicleso 8 maintenance/service vehicles

• Routes:o 33 on Weekdays, 30 on Saturdays, 28 on Sundayso 3 limited stop Breeze routes along SR 7, US 1 and University Drive.o 2 express bus routes on the I-95 corridor to downtown Miamio New express bus service on the I-595 corridor is expected to start in spring of 2012.

• Designated bus stops: 4,498• Bus shelters: 497• Service hours: 7 days a week from 4:00 a.m. to 1:00 a.m. the next day.• Annual service hours: 987,314• Passenger: 117,796 trips daily – 35.9 million trips annually• Annual service mileage: 13.5 million passenger miles• Telephone Requests: 1.3 million annually

Existing FleetBCT has a total of 322 buses in the fixed-route fleet as listed in Table 1 below. Supervisor and Maintenance/Service vehicles are listed in Table 2 below.

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Table 1. Fixed-Route Fleet Summary

Manufacturer Year Length NumberGilling 1999 40’ 35Gilling 2000 40’ 5Gilling 2001 40’ 22Gilling 2002 40’ 30Gilling 2003 40’ 25NABI 2005 40’ 25New Flyer 2006 60’ 6NABI 2007 40’ 48NABI 2008 40’ 42New Flyer 2009 60’ 15NABI 2009 40’ 5NABI 2011 40’ 40NABI 2011 60’ 10NABI 2011 42’ 14

Table 2. Supervisor and Maintenance/Service Vehicle List

Veh # Make Model Year Use Location3102 Ford Crown Victoria 2004 Supervisor Copans3105 Ford Taurus 2005 Supervisor Ravenswood3141 Ford Crown Victoria 2005 Supervisor Copans3158 Ford Crown Victoria 2006 Supervisor Copans341 Chevrolet Impala 2008 Supervisor Copans342 Chevrolet Impala 2008 Supervisor Ravenswood343 Chevrolet Impala 2008 Supervisor Copans344 Chevrolet Impala 2008 Supervisor Copans345 Chevrolet Impala 2008 Supervisor Ravenswood

3104 Ford Taurus 2005 Supervisor Ravenswood3155 Ford Crown Victoria 2006 Supervisor Ravenswood3112 Ford F350 2004 Maintenance/Service Ravenswood3144 Chevy 3500 XCAB DU 2005 Maintenance/Service Ravenswood1323 Dodge Ram 2500 CGO 2003 Farebox Service Van Ravenswood338 Ford F550 SD UTIL 2011 Maintenance/Service Ravenswood

3108 Ford F350 2004 Maintenance/Service Copans1300 Ford F350 2007 Maintenance/Service Copans3111 Chevy 2500 Van 2004 Farebox Service Van Copans3157 Ford F350 2007 Maintenance/Service Copans

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Computer Aided Dispatch (CAD) and Automatic Vehicle Location (AVL) SystemsCurrently, two CAD/AVL systems, by ACS (Orbital SmartTrack) and Digital Recorder Inc. (DRI), are installed on the fixed-route buses as the primary voice and data communication link between the Communications Center and the bus operators. Both systems are utilized for transmitting bus location data, schedule adherence status, radio checks, incident/emergency notifications, detour management and text messages. The CAD/AVL systems are also used to generate reports on schedule adherence, incident management, route adherence, and electrical or mechanical breakdowns. AVL information is displayed real-time on computer screens from both systems. However, the DRI CAD/AVL system has an additional feature of generating real-time prediction of bus arrival time and transmits the information to Passenger Advisory Signs (PASs) at selected stops along SR 7 / US 441.

For buses equipped with the ACS (Orbital) CAD/AVL system, both voice and data communication is done through a Broward County owned UHF radio frequency. For buses equipped with the DRI AVL systems, both voice and data communication is done through a third-party cellular network.

The ACS (Orbital) CAD/AVL system polls vehicle locations from the buses at two minute intervals and the DRI AVL system polls vehicle locations from the buses at an average interval of 30 seconds.

Other Existing On-Board Technologies• DRI DR500 and DR600 vehicle logic units (VLUs) with Type N and Type Q mobile data

terminals with touchscreen interface. The vehicle logic unit is integrated with the destination sign, automatic vehicle announcement (AVA) system, VoIP for voice communication and automatic passenger counter (APC) system but not with the farebox, the video and audio surveillance system nor the Transit Signal Priority (TSP) equipment.

• Exterior destination signs and interior dynamic message signs by Twin Vision on all buses. There are five types of signs including Flip-dot, Chroma 4,Tri color LED, All LED and Smart Series.

• GFI Odyssey fareboxes for magnetic-stripe card and cash payments on all buses.• Gemalto Prox-C2 contactless readers on 213 buses (not enabled).• UTC Mobile View 8 on-board video surveillance system includes cameras, microphones and

digital video recorders on all buses. Data are retrieved from the recorders by downloading at BCT’s bus depots through WiMax WLAN and viewed on networked computers with UTC’s Mobile View Video manager software or via direct connection to the on board DVR’s USB port.

• Doorway Automatic Passenger Counter sensors by InfoDev on 161 buses. Data are stored on the DR500 and DR600 VLUs and retrieved at BCT’s bus depots through Wi-Fi WLAN.

• Transit Signal Priority by GTT on 142 buses. (Through RF communication with the 3M Opticom field TSP equipment operated and maintained by the Broward County Traffic Engineering Division)

• On-board public Wi-Fi access for passengers on 37 buses. Service enabled through subscriptions to third-party cellular network.

• On-board sensors for power train equipment.

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Central Scheduling and Dispatching ProgramsBCT updates its fixed-route bus schedules once every four months using Hastus 2010. The schedules are normally updated in January, May and September each year.

Schedule creation is done in the Hastus “Vehicle” module. After all the trips are created and blocked and pulled in “Vehicle”, the information is automatically sent to the “Crew” module where the blocks will be cut into duties (runs) and then numbered. Also created in “Crew” are the Relief/Taxi trips that are used by the operators to make their reliefs, and to return to the garage after they have been relived. These reliefs are usually done in compact style cars, but occasionally a van is used to make reliefs when there are too many operators going to and coming from the same relief location. These van assignments are also created in “Crew” and are performed by a dedicated van operator.

Some terminologies used in BCT scheduling are as follows:

Route – A route is a defined series of stops along one or more streets between two endpoints, designated by a number and/or a name for identification internally and to the public.

Variant – A variant identifies the sequence of timing points on a specific route. Together with associated run times, Hastus uses variants to establish trip paths and times. Each route will have at least one and as many variants required to differentiate different paths that the bus will take along the route (if more than one path is required).

Stop – A stop is a location along the route where passengers can get on or off a vehicle. They can also be used for the position of vehicle – location beacons.

Timepoint – A timepoint is a designated location on a route used to control the spacing of vehicles along the route. As a rule, vehicles should not pass through a timepoint either before or after the specific time on a schedule. A route may contain several timepoints depending on its overall length. Timepoints are usually designated at major intersections, trip generators and key destinations.

Trip – A trip is the one-way operation of a vehicle between two points on a route (timepoint A to Z). Trips are usually noted as inbound, outbound eastbound, westbound, etc., to identify directionality.

Trip Pattern – trip patterns are unique sequences of timing points used by one or more trips. (It is an established trip path defined by the Route Variant)

Block – A block is a series of trip operated by each vehicle from the time it pulls out until the time it pulls into the garage. Each block is ‘cut’ into ‘pieces’ to be assigned to runs/duties.

Run/Duty - A run or a duty may consist of all or part of a vehicle block and may have single or multiple pieces. A run or a duty can contain pieces from different vehicles. Most run cuts are created as to create an 8h00 duty (or as close as possible) so that theses straight 8h00 duties can be rostered for Monday through Friday work (8h00 x 5 days = 40h00).

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Rostering – Rostering is the process of grouping daily run assignments into packages of weekly work assignments. Weekly work assignments typically include five daily runs, each close to eight hours. Broward County Transit also uses 10 hour daily runs in which case the roster would also include duties with four daily 10 hour duties. Operators are given the opportunity based on their order of seniority, to pick their work for the next period of time. At Broward County run selections are dictated by the contract with the Amalgamated Transit Union, Local 1267 as “once every four months, or at such other times as the Employer may deem necessary.”

Other requirements of the labor agreement with the the Amalgamated Transit Union, Local 1267: (All are contained within the working parameters of Hastus).

• All assigned runs shall be constructed as to contain at least forty (40) hours pay per week, either on a four day or five day basis. Runs shall be constructed to include all scheduled pay times including travel time, report and spread time.

• All regular runs including any new schedules or changes in schedule shall be posted at the time of the general selection and assignments of regular runs.

• Regular runs will be posted on the bulletin board from Thursday through Sunday on the fourth week before the effective date so that the operators may familiarize themselves with the changes in runs

• The selection of runs will take place from Monday through Friday of the two succeeding weeks, and the assignments will be posted for one week before the new schedule goes into effect. The period of posting and effective date will be twenty five days.

• At each general selection and assignment of runs, vehicle numbers (except pm pullouts) will be identified for each run and will remain with the run unless unforeseen circumstances or vehicle maintenance requires a change.

• At least sixty-five percent (65%) of all regular runs at each work site will be straight. Runs with a spread of one hour or less will be considered straight.

• At least sixty-eight (68%) of all operators at each work site will have two consecutive days off.

Upon completion of each schedule update, a new Pick is created in Trapeze BD (MIDAS) for each garage – Copans and Ravenswood. The scheduling data files are exported from Hastus and imported into Trapeze BD (MIDAS) and the new Pick information is checked against the Run Guides. The dispatchers create the Extraboard standby times and the Crew Van Schedules for drivers pick. Pick choices are entered into Trapeze BD (MIDAS) by the scheduling staff and the information is verified by both the Service and Capital Planning staff and the ATU 1267 staff. Upon verification, the Pick is locked and the new Pick begins.

All fixed-route buses are dispatched from, and maintained at the Copans and Ravenswood bus depots. During the AM and PM peak hours, a Transit Supervisor performs window dispatch functions, including run/vehicle assignments and Operator check-in. Operator absence is recorded on a BC-112 form or called into Dispatch. The open work is assigned to an Extraboard or overtime operator based on the availability of operators. Operators are required to sign the Turn-in sheet at the end of their shift. If anything happened outside of a normal shift (before, during, or after) the operator must fill out a trip sheet (NO EXCEPTIONS). Additional time on the trip sheet is added by the Dispatchers.

BCT currently uses the Trapeze-BD Dispatch v.56.8.2.49.

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UHF Radio Communication SystemBCT currently uses UHF wideband radio channels (25KHz) to send data and voice information between buses and the Communications Center. The data channel supports the ACS (Orbital) CAD/AVL system which displays the location of buses on a map in real time (AVL), and enables CAD dispatch of buses in the Communications Center. The voice channel enables voice communication between the Communications Center, bus operators, supervisors, operations and maintenance personnel.

The BCT radio system currently uses three UHF wideband radio channels to communicate. One channel is used for data communication (CAD/AVL), and two channels are used for voice communication. The radio system consists of the following equipment:• Communications Center with console equipment which is used by dispatch personnel to

communicate with buses. The CAD/AVL Datacomm Terminal Controller (DTC) is located at the Communications Center and is connected to the Data Channel Controller (DCC) equipment at the tower site via modems and T1/network.

• Tower site (Core Site) with base station and antenna equipment. DCC equipment is connected to and controls the base stations at the tower site.

• Buses have mobile radios installed on board. The mobile radios on the bus are connected to an ACS (Orbital) Advanced Mobile Data Terminal (AMDT) which provides GPS location information, processes CAD information and controls the mobile radio.

• Supervisor cars have mobile radios for voice communication.• Maintenance shops have mobile and portable radios for voice communication.

The Federal Communications Commission (FCC) has mandated that all UHF Licensees convert their existing UHF wideband radio systems (25KHz) to UHF narrowband radio systems (12.5KHz equivalent efficiency) by January 1, 2013. The purpose of the narrowband mandate is to promote more efficient use of the UHF land mobile frequency bands. Today, UHF frequency bands are extremely congested making it difficult for Licensees to expand their existing systems or implement new systems. Requiring Licensees to convert their existing radio systems to operate more efficiently on narrow channel bandwidths will allow creation of additional channels within the same spectrum. BCT is an existing UHF Licensee and must comply with this FCC mandate.

BCT has begun the process to upgrade the UHF radio communication system to meet the FCC ‘narrow-banding’ requirement by January 1, 2013. The new system will employ Motorola XPRTM

4350 digital two-way radio.

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Cellular Wide Area Communication SystemBCT currently subscribes to the SprintTM wireless services for wide area data and voice communication.

Wireless LAN Communication SystemBCT has implemented wireless LAN communication network at both bus depots using Wi-Fi and WiMax standards. WiMax communication is used solely for transfer of the on-board video and audio surveillance recordings on a ‘by request’ base. Wi-Fi communication is used for other data download and upload between the central system and the bus fleet. GFI farebox data are uploaded through Inferred (IR) probes at both depots.

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Wayside Passenger Advisory SignsBCT has installed twelve TwinVision Passenger Advisory Signs along SR 7 / US 441 for testing purposes.

Other Central Office Software Programs• Oracle Enterprise Database 9i and 11gR2• Microsoft SQL 2008 Enterprise Edition R2 SP1• GFI Genfare for farebox management• APC 500 and APC 600 for APC data management• DVSS FleetManager System for surveillance video management• Fleetwatch for fuel management• Business Objects Enterprise 11.5/Crystal Reports Server Xi• Windows Server 2008• ArcGIS and ArcGIS Server 10 with Oracle and SDE for enterprise database• Microsoft suite of Office productsRev 1.3.12 of 163



Asset Management System – Transit and Fleet ServicesIn addition to the central office software programs listed above, Broward County has issued a Request for Letters of Interest (RLI) solicitation in December 2011 to engage the services of a qualified firm to provide a comprehensive centralized fleet, inventory, and facilities maintenance asset management system for the Transportation Department. This project will provide a comprehensive web based Asset Management System (AMS) for the Transportation Department's Transit and Fleet Services Divisions. The AMS will enable Transit and Fleet managers to track and control equipment, parts and other supplies to maintain the Broward County Bus System and Fleet. The system will be required to link to Broward County’s current and future computerized information systems including Financial, Human Resources, and the ERP.

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RLI No. V0998514R1ATTACHMENT B

Requirements Response

Each requirement listed in this attachment must be addressed because the proposed cost provided by your proposal team must include implementation of all requirements. Please complete the template by placing an X in the applicable Vendor Fit-Gap Response Code column for each requirement. Where the requirement is not "out of the box", please provide as much documentation as possible to support how you would implement that requirement. Firms are instructed to include, in the response to Attachment D - 5-Year Projected Cost Model, all costs required to implement all requirements in Attachment B.

Vendor Fit-Gap Response Codes:F = Fully Provided "Out-of-the-Box"C = Configuration (no changes to underlying source code)M = Modification/Customization (changes to source code)TP = Third Party Software RequiredU = Unable to Meet Requirement

Item Requirements F C M TP U CommentsA.0 General requirements for all proposed

systems

A.0.1 Data must reside within BCT. A.0.2 The contractor shall supply all hardware,

software, spare parts, and services necessary to accomplish the supply, installation, testing, documentation, training, and startup of a complete, fully integrated and functional system. This shall include central system computers and network equipment, data communications equipment for mobile data communications and on-board vehicle equipment.

A.0.3 The proposed systems shall be highly reliable, fault tolerant that will meet current needs and provide a growth path for future expansion. The systems are expected to serve BCT for at least 10 years and shall be scalable to accommodate up to 500 vehicles.

A.0.4 The same type of hardware and hardware peripherals for all buses.

A.0.5 The same type of hardware and hardware peripherals for all supervisor vehicles.

A.0.6 The same type of hardware and hardware peripherals for all maintenance/service vehicles.

A.0.7 If any hardware or hardware peripherals should fail, the device shall be able to be removed from the vehicle and replaced with a fully functional unit. (The intention is to reduce vehicle down-time and increase the options in keeping vehicles fully operational.)

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Item Requirements F C M TP U CommentsA.0.8 The proposed systems shall utilize Windows

servers with Web-based thin or Ultra-thin clients on a TCP/IP Ethernet compliant network.

A.0.9 The server operating system shall be Windows 2008 Enterprise edition or greater.

A.0.10 The client operating system shall be Windows 7 enterprise edition or greater.

A.0.11 The proposed systems shall be compatible with servers running virtualization technology preferably by VMware vSphere 5 Enterprise Plus edition, or greater, with clustered host servers with iSCSI/SAN centralize storage array which is Broward County standard architecture.

A.0.12 The CAD/AVL system shall support one of the two County-standard Relational Database Management Systems (RBMS): Microsoft SQL 2008 Enterprise Edition R2 SP1 or Oracle 11g R2 Enterprise Edition, or the most current version.

A.0.13 The system shall have a replication environment that can be used for fault-tolerance. The System shall also support a test environment for use by BCT system administration Staff.

A.0.14 The system shall support industry standards set by the National Transportation Communications for ITS Protocol (NTCIP), the Transit Communications Interface Profiles (TCIP) Standard Development Program of the American Public Transportation Association (APTA), Standard Interface for Real-Time Information (SIRI), General Transit Feed Specification (GTFS-Live), and the Society of Automobile Engineers (SAE).

A.0.15 The ability to support open standards/open architecture such as interface with common technologies (SOAP or REST web services, Java, .NET, etc.) and messaging specifications (such as XML, csv, etc.) to enable modularity and flexibility.

B.0 CAD/AVL system general requirements B.0.1 The proposed solution is configurable;

consumer off-the-shelf (COTS) software solution.

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Item Requirements F C M TP U CommentsB.0.2 The CAD/AVL software shall be installed on

dispatch stations, Communications Center stations, system administrator’s stations and other work stations selected by BCT.

B.0.3 The CAD/AVL software shall provide a modern, state-of-the-art User Interface (UI) for supporting all fixed-end and mobile users. The UI shall be convenient to use and be responsive to user requests.

B.1 On-board requirements for fixed-route fleet B.1.1 A single vehicle operator terminal connected with

or integrated into a vehicle logic unit, and the combination will be subsequently referred to as the mobile data computer.

B.1.2 The mobile data computer shall automatically turn on when a vehicle is turned on, and shall shut down at a time configurable by BCT after the vehicle’s power is turned off. Allowances shall be made for vehicle lay-over in the field and before entering the BCT bus depots.

B.1.3 The mobile data computer shall have a power (battery) backup system that can operate independently from the vehicles’ electrical system for graceful shutdown.

B.1.4 The vehicle logic unit, which serve as the controlling computing device for the overall mobile data computer, shall be capable of being configured, diagnosed and maintained locally using a laptop computer or other portable programming device (e.g., via a Universal Serial Bus [USB] port, the operator terminal or an RS-232 console port) and remotely using wireless network resources.

B.1.5 The operator terminal shall use a color backlit display, readable by the vehicle operator from the seated position under the full range of ambient illumination conditions. The vehicle operator must be able to read the screen while wearing standard sunglasses or polarized sunglasses. The color combination used on the terminal shall provide legibility for the color blind. The operator shall not be able to turn off the display or to alter it in any way as to make the display unreadable.

B.1.6 The operator terminal shall allow the user to adjust the mobile data computer speaker volume

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Item Requirements F C M TP U Commentsat any time while the mobile data computer is on. The user shall not be allowed to turn the volume off.

B.1.7 The operator terminal shall be operated using either programmable function keys with tactile and audible feedback, or touchscreen programmable buttons with visual and audible feedback. The mobile data computer speaker shall provide audible feedback when a function key or on-screen key is pressed.

B.1.8 The operator shall not be able to manually shut off or disconnect the operator’s terminal power

B.1.9 The mobile data computer shall automatically log-on a vehicle through real-time interface with Trapeze BD (MIDAS) and will allow vehicle operator log-on override using operator ID and numeric run ID entry. There shall be separate log-on IDs for technical personnel for testing and various diagnostic tools shall be available only to technicians logged in as such.

B.1.10 The system shall support the use of BCT's employee identification number for operator sign-ons. The system shall also support unique identification numbers for the vendor and BCT technical support staff sign-ons for troubleshooting purposes.

B.1.11 The ability to accept operator sign-on through detection of an ID card.

B.1.12 The system shall allow remote log-on and log-out and remote lock and unlock for authorized BCT users.

B.1.13 Authorized, remote BCT users shall be able to change the operator ID and numeric run ID.

B.1.14 The mobile data computer shall check with the central system to validate that the operator and run ID are valid and that another vehicle has not already logged on using either of these IDs. The system shall receive and validate a log-on request from a mobile data computer, if the operator ID and run ID are valid and not already logged in on another mobile data computer (and otherwise respond that it is an invalid login attempt).

B.1.15 The mobile data computers shall send the operator ID information to the central system. The system shall, upon receive of a log-on request from a mobile data computer, exchange

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Item Requirements F C M TP U Commentsdata with Trapeze BD (MIDAS) to retrieve log-on data and send it to the mobile data computer to allow it to log-on.

B.1.16 The vehicle operator shall be able to override the vehicle mismatch if a vehicle operator logs onto a different vehicle than setup in Trapeze BD. However, the dispatcher shall be automatically notified if this situation exists.

B.1.17 After fixed-route log-on, the operator terminal shall display BCT defined information which may include the current block, run, route, trip, next time-point, and operator ID.

B.1.18 The mobile data computer shall be integrated with the CAD/AVL, farebox, head signs, and automatic vehicle announcement controller for single sign-on. Once the mobile data computer log-on is completed, the mobile data computers shall use the log-on data to log onto the farebox (even if currently logged on to ensure consistency), provide run/block data to next stop announcement equipment, and begin the process of automatically sending display commands to the destination signs based on vehicle location.

B.1.19 Upon successful log-on, the mobile data computer software shall display a pre-trip inspection screen that shall be filled in by the vehicle operator after conducting a pre-trip inspection of the vehicle. At least ten (10) different pre-trip inspection screens shall be available; input screens shall be designed for different types of inspection and vehicles. BCT shall be able to redesign the input screens. If inspection reports are not submitted, the system shall notify the dispatchers.

B.1.20 The ability to complete the pre-trip/post-trip inspection using a handheld device.

B.1.21 The mobile data computer shall track whether or not the wheelchair lift was cycled before the vehicle has moved a distance configurable by BCT after the log-on, and report to central system if it was not cycled.

B.1.22 The mobile data computer shall allow the vehicle operator to log-off by selecting a single log-off key which shall include logging off the farebox. The operator shall be asked to confirm log-off. The system shall receive and immediately

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Item Requirements F C M TP U Commentsprocess a log-off message from a mobile data computer.

B.1.23 The mobile data computer shall automatically send a message to the Communications Center as a confirmation of the vehicle operator log-off and log-on.

B.1.24 A post-trip inspection screen shall be available before the operator logs off.

B.1.25 The mobile data computer shall periodically attempt to send a log-on or log-off message until it receives an acknowledgement message from the central system, or if no response is received from the central system within an agency configurable time the mobile data computer shall provide the vehicle operator with a “no log-on response” message.

B.1.26 Both pre-trip and post-trip inspection reports shall be automatically sent to the central system for use by dispatch and maintenance personnel

B.1.27 In the event communication is not available to automatically generate and verify login data at the time of the sign-on, the operator can enter the remaining information manually, however, the mobile data computer shall continue to check for communication and send updates when the communication is reestablished with the central system.

B.1.28 The mobile data computer shall notify the vehicle operator about the loss of data communication through a distinct symbol on the operator terminal

B.1.29 The mobile data computer shall incorporate an integrated GPS receiver

B.1.30 GPS receivers shall report latitude, longitude, speed, time, direction of travel and whether or not the receiver has a GPS position lock.

B.1.31 The GPS receivers shall be parallel tracking receivers, capable of simultaneously tracking at least four GPS satellites in the best available geometry, while also tracking at least the four next best and/or upcoming (rising) satellites.

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Item Requirements F C M TP U CommentsB.1.32 On-board GPS receivers must be Wide Area

Augmentation System (WAAS)-capable, providing position accuracy within ten feet (or three meters) 99 percent of the up time of the GPS receiver, when located outdoors.

B.1.33 The GPS receiver shall have a cold start solution time of two minutes or less and a re-acquisition time of 15 seconds or less.

B.1.34 The GPS equipment shall include multi-path rejection capabilities to help eliminate spurious signals caused by reflections of buildings or other structures

B.1.35 Velocity measurements provided by the GPS equipment shall be accurate to within 0.1 meters per second.

B.1.36 Mobile data computers shall send a location report to the central system immediately when polled by the central system, a timepoint is encountered, schedule or route adherence thresholds are exceeded, any vehicle alarm is transmitted, or automatically once a programmable number of seconds or minutes have passed since the previous location report. The mobile data computers shall have the capability of automatically send a location report to the central system as frequently as every 15 seconds. The mobile data computers shall send location reports while vehicles are in operation regardless of whether the vehicles are moving, on-route, off-route, have no assigned route, and whether or not the vehicles are logged in.

B.1.37 All transmitted data shall be stamped with following information: date and time, “GPS lock” status, GPS location latitude and longitude, heading, vehicle ID, operator ID, run ID, pattern ID, schedule adherence and current passenger count

B.1.38 The mobile data computer shall store the most recent location received from the GPS receiver. In the event when GPS receiver is not able to report the location, the mobile data computer shall continue to track vehicle location using a back up method, e.g., dead reckoning inputs.

B.1.39 When a vehicle operator is logged in, the mobile data computer operator terminal shall provide

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Item Requirements F C M TP U Commentscontinuous feedback on current schedule adherence status, updated every second based on the estimated on-schedule time for the current location (not just the schedule adherence as of the previous time-point), and displayed to the operator with an accuracy of one second. (real time) The estimated on-schedule time between time-points shall be based on the typical link operating speeds. The scheduling adherence status display shall not obstruct other critical MDT displays.

B.1.40 Based on BCT configurable thresholds, the system shall compute whether a fixed-route vehicle is running on-route or off-route. The mobile data computers shall send a message to the central software when a vehicle is designated as having gone off-route or as having become back on-route.

B.1.41 The mobile data computer shall periodically attempt to send an off-route message until it receives an acknowledgement message from the Communications Center.

B.1.42 When a vehicle is designated as having gone off-route, the operator terminal shall provide continuous feedback on off-route status, updated every second, and displayed to the operator. The off-route status display shall not obstruct other critical MDT displays.

B.1.43 The mobile data computer operator terminal shall provide Request to Talk (RTT) and Priority Request to Talk (PRTT) buttons, to allow the operator to request that Communications Center personnel to initiate a voice call.

B.1.44 When the Communications Center enables a one-way voice call to the vehicle, the mobile data computer shall provide a distinct audible alert tone. The audio will be routed through the hands-free speaker/microphone and if the operator picks up the handset, audio shall instead be routed through the handset. If the handset is hung up, the audio routing will return to the operator hands-free speaker/microphone.

B.1.45 When the Communications Center enables a two-way voice call to the vehicle the mobile data computer shall provide a distinct audible alert tone. The audio will be routed through the hands-free speaker/microphone or the handset once

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Item Requirements F C M TP U Commentsthe operator picks up the handset audio, until the end of the timed voice call after which the mobile data computer shall automatically end the voice call.

B.1.46 When the operator disconnects the hands-free speaker/microphone or hangs up the handset during a two-way voice call, this shall be detected by the mobile data computer and the voice call shall end. The mobile data computer shall send a data message to notify the Communications Center that the voice call has ended.

B.1.47 This process shall not interfere with the Communications Center’s ability to establish a two-way voice call without the use of the mobile data computer system.

B.1.48 The mobile data computer shall operate in conjunction with the CAD/AVL system to provide transfer connection protection (TCP).

B.1.49 The transfer connection protection shall be triggered when the vehicle operator of an incoming vehicle makes a transfer request. The incoming vehicle’s operator shall be able to use the mobile data computer to enter the outgoing route, by selecting from a predefined BCT configurable list.

B.1.50 The mobile data computer shall periodically send a transfer connection protection request until it receives an acknowledgement message from the Communications Center.

B.1.51 The central system will notify the incoming vehicle’s operator via the mobile data computer whether or not the outgoing vehicle will be held. The central system will also notify the outgoing vehicle’s operator via the mobile data computer if it is to hold, until what time and for what route

B.1.52 A covert alarm switch mounted in a location that can be easily pressed by the operator in a discreet manner to allow the operator to covertly send an emergency alarm data message to the Communications Center

B.1.53 The covert alarm switch shall not be activated by vehicle vibration or other accidental external interference.

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Item Requirements F C M TP U CommentsB.1.54 A covert microphone that has adjustable

orientation and sensitivity

B.1.55 The mobile data computer shall detect if the covert alarm switch circuit is closed for at least two second. It shall automatically send an alarm message to the Communications Center and place the mobile data computer into the covert alarm mode.

B.1.56 The mobile data computer shall allow the Communications Center to activate audio transmission from the covert microphone when the covert alarm has been activated by the operator as well as during other events as defined by BCT.

B.1.57 The system shall send signals back to the mobile data computer that generated the alarm when Communications Center personnel has selected the event, when covert microphone monitoring has started or ended, and when the event has been ended.

B.1.58 The system shall be able to be configured so that a vehicle in covert alarm mode sends updated location reports at a more frequent polling interval.

B.1.59 The mobile data computer shall disable the receipt of voice calls or the sending/receiving of text messages while in the covert alarm state, but shall leave the Request to Talk (RTT) and Priority Request to Talk (PRTT) functionality activated.

B.1.60 The mobile data computer shall periodically attempt to send the covert alarm message until it receives an acknowledgement message from the central system.

B.1.61 When the mobile data computer is in the covert alarm mode, there shall be no indication on the display other than subtle symbols or icons approved by BCT, signifying that the covert alarm has been accepted by Communications Center personnel and that the covert microphone is being monitored.

B.1.62 The mobile data computer shall allow the operator to send a text message to the central system by selecting from a set of pre-defined messages. All pre-defined messages to the Communications Center shall include the date, time, location and odometer value.

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Item Requirements F C M TP U CommentsB.1.63 The mobile data computer shall signal with a

distinct audible alert tone when a text message is received from Communications Center and is available for viewing.

B.1.64 The mobile data computer shall be capable of storing up to 100 text messages received from the Communications Center, indicate to vehicle operators when there are unread text messages, and allow stored text messages to be viewed or deleted. The mobile data computer shall allow the vehicle operator to view received text messages that are longer than those that can fit on one line of the display.

B.1.65 BCT shall be able to modify, add, and delete pre-defined messages as deemed necessary.

B.1.66 The mobile data computer shall also allow the operator to send an acknowledgement or Yes/No response to certain text messages received from the central system.

B.1.67 The mobile data computer shall signal with a distinct audible alert tone at a pre-defined interval until an acknowledgement or Yes/No response is sent to the central system when requested by certain text messages.

B.1.68 The mobile data computer shall periodically attempt to send a pre-defined text message or response until it receives an acknowledgement message from the central system.

B.1.69 All pre-defined messages shall also be available as audio messages. If the audio option is selected, the text message shall be available for viewing by the operator.

B.1.70 The Mobile Data Computer shall be capable of displaying turn-by-turn directions/instructions in the GUI, used to display a navigational guide of operator Duty/Workpiece itinerary.

B.2 On-board requirements for supervisor and maintenance/service vehicles

B.2.1 Determine location in real time B.2.2 Navigation assistance

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Item Requirements F C M TP U CommentsB.2.3 All street supervisor vehicles shall be equipped

with laptops provided by BCT. The laptops shall remotely access the central CAD/AVL software over a secure VPN connection via wireless data connection approved by BCT.

B.2.4 The remote access for street supervisors to the CAD/AVL software via the vehicle mobile workstation shall allow supervisors the ability to set up a voice call with one or more operators as well as sending pre-defined text messages.

B.2.5 The ability to monitor all voice calls from supervisor and maintenance/service vehicles.

B.2.6 The ability to initiate voice calls to the Communications Center, to operators as well as to other supervisor and maintenance/service vehicles.

B.2.7 The ability to monitor the covert microphone audio from the supervisor vehicles.

B.2.8 The ability to allow login to the CAD/AVL system from the supervisor vehicles using Active Directory credentials.

B.3 Communications Center requirements B.3.1 The ability to allow login using Active Directory

credentials

B.3.2 The dispatch center and Communications Center shall have video display terminals capable to displaying the status of buses on a map. This display shall be capable of displaying buses on various map segments.

B.3.3 Ability to support display configuration of a minimum of 4 monitors at each console for a total of 6 consoles.

B.3.4 The system shall show real-time current fleet vehicle locations and highlight to the Communications Center personnel the vehicle IDs of those vehicles that are operating early, late, or off-route, using tabular and map displays to indicate their current schedule and route adherence status. The tabular display entries and the map display symbols for these vehicles shall use distinct and BCT configurable color codes for early, late, and off-route status. The system shall allow sorting by any columns in the tabular display.

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Item Requirements F C M TP U CommentsB.3.5 The ability to disable route and schedule

adherence violation events for selected vehicles,for all vehicles on selected routes, for all vehicles while they are located within a specified geographic area, and for all vehicles. For example when vehicles are detoured or are delayed due to a known traffic problem. These disabled conditions shall be identified in a list available for review and for the re-enabling of the RSA violation events. All disabling and enabling of RSA violation events shall be logged.

B.3.6 The system shall allow the option to view real-time current locations as well as scheduled locations of selected buses for comparison and assessment of schedule adherence.

B.3.7 The system shall show real-time current locations of the supervisor and maintenance/service vehicles.

B.3.8 The system shall allow tracking of a selected individual vehicle, a group of vehicles or all vehicles.

B.3.9 The system shall allow map display of landmarks, city limits and street labels using alias for street segments that have multiple names.

B.3.10 The map display icon for the vehicle location shall be configurable to provide the individual choice for each workstation of whether to display as the label the vehicle, block, route or operator.

B.3.11 The display shall provide an indication if the last reported location being displayed is older than the reporting interval.

B.3.12 The ability to “play back” the movements and status of a selected vehicle over a given time period including all detailed route and driver information. The ability to "play back" the same information available during a live session

B.3.13 Provide the ability to manage the work assignments of multiple dispatchers and to support a strategy of particular dispatchers managing given vehicles, routes, or zones

B.3.14 The system shall allow Communications Center personnel and supervisors to view Request to Talk (RTT) and Priority Request to Talk (PRTT) messages received from mobile data computers

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Item Requirements F C M TP U Commentson a tabular display, together with the time received.

B.3.15 The voice call functionality shall allow Communications Center personnel or supervisors to set up a voice call in response to the initiating vehicle operator by first selecting Request to Talk or Priority Request to Talk messages from the tabular display.

B.3.16 The system shall allow set up of a one-way broadcast voice call to a single vehicle, all vehicles or a group of vehicles.

B.3.17 The system shall provide the capability to set up a voice call with an individual vehicle, individual operator, all vehicles in a fleet group, and all vehicles on a route or set of routes, all vehicles in a selected group or all vehicles within a selected geographic area on the map.

B.3.18 The system shall provide the ability to set up stored sets of vehicle groups using the above criteria, to use for setting up voice calls.

B.3.19 The voice call timeout setting shall offer a default interval and alternative intervals determined and configurable by BCT.

B.3.20 Receive Transfer Connection Protection (TCP) requests from inbound fixed-route vehicles, provide feedback on the status of these requests, and issue hold instructions to outbound vehicles when needed

B.3.21 When a covert alarm signal is received from a vehicle, the system shall display the event in the performance queue to all Communications Center personnel, using BCT configurable visual and audio alerting methods.

B.3.22 The system shall notify the Communications Center personnel in the performance queue that a silent alarm message has been received using a BCT approved visual interface. There shall also be a BCT approved audio notification method, which BCT shall be able to configure as on or off.

B.3.23 Once Communications Center personnel selects the covert alarm event, this shall be so indicated to the Communications Center personnel and all others.

B.3.24 Once Communications Center personnel has selected the covert alarm event, the

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Item Requirements F C M TP U CommentsCommunications Center personnel shall be able to opt whether or not to monitor the covert microphone audio. Once the covert microphone is active, the audio shall be capable of being recorded on the planned voice recording system at BCT.

B.3.25 Communications Center personnel can opt at any time to end the covert microphone monitoring or the overall covert alarm event.

B.3.26 The priority ordering of the displayed vehicle event list (e.g., covert alarm, Priority Request to Talk, Request to Talk, logon, logoff, and maintenance critical alert) shall be configurable by BCT.

B.3.27 The displayed vehicle status list (e.g., schedule adherence, route adherence) shall be capable of being sorted on any data field by the Communications Center personnel.

B.3.28 The system shall allow Communications Center personnel to view received text messages in a tabular display that also indicates the vehicle ID and the time of the message, and to prioritize by the type of text message.

B.3.29 The system shall allow Communications Center personnel to send a text message to a single mobile data computer, a pre-defined group of mobile data computers, all mobile data computers within an area selected on the map display or all mobile data computers operating on the same route.

B.3.30 The system shall allow Communications Center personnel to select one of a set of predefined text messages or enter a custom text message.

B.3.31 The system shall allow BCT’s authorized staff to add, edit, delete, or reorder the listing of pre-defined messages on mobile data computer systems.

B.3.32 The system shall allow BCT's authorized staff to configure the allowable size of text messages.

B.3.33 The system shall allow for any message sent by the Communications Center to be flagged as requiring vehicle operator acknowledgement, a yes/no response and shall allow the Communications Center personnel to view a list of such messages that have not yet been acknowledged.

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Item Requirements F C M TP U CommentsB.3.34 The ability to send turn-by-turn instructions,

including detour information, to operators through text messaging.

B.3.35 Text messages shall be able to be received by the operators and Communications Center in an audio format.

B.3.36 Communications Center personnel shall be able to select an event to form the basis for an incident/accident report, with the incident/accident report form auto-populated with all information already known in the system about the event. An Accident is unforeseen event or occurrence that results in an injury, facility or property damage. An Incident is an unforeseen event or occurrence with the potential to cause injury or property damage including maintenance problems.

B.3.37 There shall be one central report for each incident/accident accessible from a network server so everyone sees the same current report information, but only one instance of the report can be open at a time.

B.3.38 The system shall allow a selected report from a list of available incident/accident reports to be emailed to a desired mailing list in portable document format (PDF) immediately upon the filing of the report.

B.3.39 The system shall allow authorized users to append to an existing open incident/accident report, with other system users limited to read-only access.

B.3.40 The user shall be able to select from a list of currently open incident/accident reports that can be sorted by date/time, incident type, status, priority or initiating Communications Center personnel. The list shall be displayed in a separate window. The open incident/accident report shall be repeatedly accessed and modified, until it is marked closed after which further modifications shall not be permitted.

B.3.41 The selected incident/accident report shall appear in a separate window, and shall be available for editing.

B.3.42 The system shall be able to set limits on which users can open, modify or close incident/accident reports. The system shall track the user and date/time when the

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Item Requirements F C M TP U Commentsincident/accident report is opened, modified or closed.

B.3.43 The system shall allow authorized users to close an existing open incident/accident report. The user shall be able to select from a list of currently open incident/accident reports, which can be sorted by date/time, incident/accident type or initiating Communications Center personnel. The user shall be asked to confirm the selected incident/accident report before the incident/accident is closed.

B.3.44 The incident/accident report database shall indicate, for each incident/accident report, the date/time of opening the report, the incident type, the initial incident/accident text, the initiating Communications Center personnel, the date/time of each subsequent modification, each modified version of the text, the modifying staff member, the date/time the incident/accident was closed and the closing staff member.

B.3.45 The system shall display all device alarm and maintenance critical alert messages received from the mobile data computer to Communications Center personnel using a tabular display, and shall display a modified vehicle icon on the map display when an alarm condition is in effect

B.3.46 The ability to direct road call vehicles to the locations of buses requiring service

B.4 Central system requirements B.4.1 Access to system shall be strictly limited to

authorized users only. The ability to allow logins with Active Directory credentials for CAD/AVL system administration and other desktop users.

B.4.2 In addition to log-on requests and log-off messages, the system shall receive other incoming message types including location reports, schedule/route adherence reports, covert alarm messages, device alarm messages, maintenance critical alert messages and text messages. The system shall have the capability to handle all data communication from the entire fleet of 300 vehicles in real-time and the capability to expand to accommodate up to 500 vehicle.

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Item Requirements F C M TP U CommentsB.4.3 Support mobile workstations in non-revenue

vehicles that can provide a limited functional version of dispatcher software, supporting fleet monitoring, voice calls, text messaging, logging incident reports, and playback.

B.4.4 Provide information for customer service agents to help address customer questions and concerns, including the ability to “play back” the movements and status of a selected vehicle over a given period

B.4.5 The ability for maintenance supervisors to review pre-trip and post-trip inspection reports to generate maintenance work orders

B.4.6 The ability for maintenance superintendents and supervisors to review maintenance related reports.

B.4.7 A “thin client” program shall be provided to allow remote access to the CAD/AVL software on workstations for personnel identified by BCT.

B.4.8 Software functions, views and data access rights shall be configurable, by authorized BCT staff, to meet the needs of different access levels such as read-only, general users, managers, system administrators, etc.

B.4.9 The system shall provide an Access Control Enforcement Graphical User Interface (GUI) that will allow the Systems Administrator to define security policies.

B.4.10 The system shall enable System Administrators to review and modify system configuration and parameters. The ability to monitor the status of all system components shall also be provided.

B.4.11 The ability to configure incident/accident types and subtypes as well as the ability to define the trigger events and default forms associated with each incident/accident type. The ability to configure default form format, data content and auto-fill data fields. The ability to link multiple events to one incident/accident.

B.4.12 The system shall poll buses for a location report whenever a configurable time has passed since the most recent location report was received. The system shall have the ability to poll buses for a location report at a frequency of once every 15 seconds and other longer intervals.

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Item Requirements F C M TP U CommentsB.4.13 The system shall receive and store “GPS lock”

status, GPS location latitude and longitude information stamped with date, time, vehicle ID, operator ID, run/duty ID, route ID, trip/pattern ID and odometer readings from mobile data computers.

B.4.14 The system shall track the times when buses arrive at each designated time point, even if the door doesn’t open, and store the associated schedule adherence data along with date, time, stop, vehicle, block, operator, run, route, trip direction, and odometer.

B.4.15 Based on BCT configurable thresholds, the system shall use the reported schedule adherence data to designate when vehicles are early, late, or on time.

B.4.16 The system shall provide a real-time output of the current location and schedule adherence for all fleet vehicles, for use by the prediction software. The Contractor shall document and provide to BCT the communications protocols, command sets and message formats used in this interface

B.4.17 Based on thresholds configurable by BCT staff, the system shall designate when vehicles are deemed off-route.

B.4.18 The ability to monitor pull-in/pull-out activities. B.4.19 The ability to monitor the status of scheduled

reliefs for fixed-route vehicle operators. A complete schedule of reliefs for the current service day shall be provided that shows the status of each scheduled relief. Possible status indications for reliefs shall include whether the relief has started, is completed, and has been missed.

B.4.20 The ability to detect and adjust for fixed-route vehicle turn-back within an assigned block. The system shall issue a specific turn-back event when a vehicle has turned-back before the end of its current trip and proceeds along the route in the opposite direction for a subsequent trip within the same block. Following the turn-back, the system shall automatically determine which trip within the assigned block the vehicle has jumped to based on the current time, the vehicle's new geographic location, the vehicle's direction, and the vehicle's schedule. The system shall then

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Item Requirements F C M TP U Commentsresume RSA monitoring for the vehicle based on the new trip assignment. Missed trips and partially missed trips shall be identified and presented to system users in associated schedule-related displays, and recorded for reporting purposes.

B.4.21 The ability to properly handle interlined routes including standard interlining and when a vehicle is interlined on two separate routes simultaneously such that the vehicle is operating on overlapping trips for the two routes.

B.4.22 The software shall provide the capability to review on the map display the chronological sequence of reported locations for a specific vehicle over a specific time period

B.4.23 The software shall provide controls to view the entire sequence of reported locations from the beginning of the time period or to step through the sequence incrementally forwards or backwards.

B.4.24 The system shall allow replay for a single vehicle, selected set of vehicles or all vehicles on the selected map view for selected time period.

B.4.25 The system shall allow selection of any time period for the historical data.

B.4.26 The replay data shall include location reports, schedule adherence data and on-route status.

B.4.27 All users accessing the CAD/AVL software including workstation users, remote access users and mobile access users shall be able to access the playback function.

B.4.28 The system shall allow the ability to use playback without exiting from the current CAD/AVL operational view.

B.4.29 The system shall be able to store a playback in a format that can be exported for viewing on any computer.

B.4.30 The ability to expand the location tracking function for supervisor and maintenance/service vehicles to include additional vehicle types.

B.4.31 The system shall check data for reasonableness in order to prevent invalid and unreasonable data from having a harmful effect on the BCT operations. All input data and parameters, whether collected automatically or manually

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Item Requirements F C M TP U Commentsentered by end users, shall be checked for reasonableness before allowing the data to be processed or used. When invalid and/or unreasonable data are detected, diagnostic messages clearly describing the problem shall be generated and prompt for user action where applicable.

B.4.32 The system shall have built-in functions that protect data integrity in a multi-user and multi-processing environment.

B.4.33 The system shall encrypt confidential information (e.g. passwords, personal information, etc.)

B.5 Data logging and retrieval B.5.1 All user actions, including system administrators,

shall be stored in an activity log. The activity log shall be real-time and accessible on-line. Each action shall result in the log which shall include, at a minimum, user ID, workstation ID, record/file ID(s), date/time, module/function ID(s), and other pertinent data associated with the action. The maximum size of activity log storage shall be configurable by the system administrator in order to conserve storage capacity for critical system functions.

B.5.2 The system shall retain a log of all system transactions, including software and hardware, for auditing, operational, and troubleshooting purposes. The maximum size of activity log storage shall be configurable by the system administrator in order to conserve storage capacity for critical system functions.

B.5.3 All incoming and outgoing data shall be stored for retrieval, analysis, display and printing. Audio data (e.g., voice transmission and covert microphone audio) shall be available for storage on a voice recording system at BCT.

B.5.4 This historical information shall include all outgoing and received data (e.g., location data, route/schedule adherence data, log-on/log-off data, covert alarms, odometer data, device alarms, maintenance critical alerts, text messages) APC data and all central software user log-ons and log-offs.

B.5.5 The data storage system shall ensure data integrity in the event of a computer disk drive failure.

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Item Requirements F C M TP U CommentsB.5.6 In addition, the system shall include a means of

archiving transaction data, or restoring data from an archive, while the system is in operation. It shall not be necessary to shut down the database to perform a successful backup or restore operation.

B.5.7 The stored data shall be time and date stamped, and shall contain sufficient information to enable selective sorting and retrieval based on user-specified selection criteria. At a minimum, the following sorting and selection criteria shall be supported for accessing the historical data from both the online and the archived storage: date and time, GPS latitude/longitude, vehicle number, operator number, Communications Center personnel number, run number, odometer reading, and incident/accident type (where needed).

B.5.8 Historical data shall be read-only with modification only permitted to individual pre-defined fields.

B.5.9 Historical data shall be available in a format that is directly accessible by or importable into common database management and analysis tools (e.g., ASCII, csv, XML and Excel)

B.5.10 The system shall allow all historical data to be retrieved, even if it has been archived.

B.5.11 All communications and CAD/AVL data shall be stored in a manner that allows direct access by the software for at least six months. Utilities shall be provided to support archive and restore functions for older data.

B.5.12 The system shall store CAD/AVL time-related data with a resolution of seconds.

B.5.13 BCT shall determine and describe the need and procedure for an incremental, daily or other time frame-based backup of data. Other needs related to the archiving of intelligent transportation system data, such hardware and software, shall also be determined and described by the BCT.

B.6 Reports B.6.1 A centralized reporting database (also known as

datamart) shall be developed to support an integrated reporting interface for all business function users at BCT.

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Item Requirements F C M TP U CommentsB.6.2 The datamart shall be developed by performing

extract, transform and load (ETL) processes on multiple data sources.

B.6.3 The extract, transform and load process will be automated and will not require the day-to-day involvement of BCT staff.

B.6.4 The extract, transform and load process will generate a daily log of data upload activities and will alert BCT staff in the event of a database upload failure.

B.6.5 The extract, transform and load logic shall have exception handling built-in to avoid the upload of any unwarranted data.

B.6.6 The extract, transform and load program shall provide a web-based system administration dashboard to monitor the current attributes of the database. The system administration tool shall also allow management of user roles and privileges for accessing reports.

B.6.7 The database backup and restore program must be foolproof so that the entire database can be restored in the event of a database crash

B.6.8 The ability to generate a variety of stand reports periodically.

B.6.9 BCT shall have access to table view of database and the ability to independently produce additional custom standard reports or ad hoc reports.

B.6.10 The software shall have the capability of generating reports based on exceptions as per thresholds set and configurable by BCT staff for various CAD/AVL components.

B.6.11 Reporting shall be available on actual revenue-hours, revenue-miles, layover-hours, deadhead-hours, deadhead-miles, actual-hours, and actual-miles. Deadhead should breakdown between to/from maintenance facility and interline types.

B.6.12 All reports must use standard reporting tools (e.g., Crystal Reports) and shall have the ability to export data into file formats that can be viewed and edited with standard office software (e.g., Microsoft Word and Excel).

B.6.13 All reports must use BCT data for route IDs, stop IDs, operator IDs, vehicle IDs, etc.

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Item Requirements F C M TP U CommentsB.6.14 Planning and Scheduling: B.6.15 Line run time detailed report. The run-time

analysis is a report that displays the average actual leave and/or arrival times and dwell times from time point to time point throughout a sequence of trips in a route.Parameter: ROUTE, DIRECTION, DATE SPAN,TIME SPAN,START LOCATION,END LOCATION,SPECIFY LATE AND EARLY FLAG,HIGHLIGHT LATE OVER (?) MINUTES (Highlight records equal to or greater than a specified minute red),HIGHLIGHT EARLY OVER (?) MINUTES (Highlight records equal to or greater than a specified minute yellow)Group by: booking, route ID, trip ID, Trip pattern, run numberOrder by: operational day, route, time point sequence, trip sequence, direction, and trip pattern.

B.6.16 On-time performance by routes/directions, time of day, time points and operators to support adjust schedules and improve operator behavior.- Use BCT data for route IDs and stop IDs- Can filter by time points identified by BCT- The ability to aggregate/merge reporting for stops that are represented by multiple stop IDs in the system.- Reporting of on-time performance based on departure time as well as arrival time.- Present results by route and stops ordered by location (not by ID numbers), first stop to second to last (does not care about departure for the last stop)

B.6.17 On-time performance by operator reportParameters: operator ID, date span, time span, arrival or departure, on time status of on-time, early, very early, late or very late, and top and bottom percentageGroup by: operator IDOrder by: on-time %

B.6.18 Schedule adherence using specified parameters that can be adjusted over time by BCT staff, for very early, early, on-time, late and very late bus arrival or departure from designated stops or time points along a route.

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Item Requirements F C M TP U CommentsB.6.19 Schedule adherence statistics by median,

average, standard deviation, percentiles, etc.

B.6.20 Headway reliability summary B.6.21 Passenger load profiles by time of day B.6.22 Boardings/alightings and ridership distribution

including by route segment and bus

B.6.23 National transit database report - defined by Title 49 USC 5335

B.6.24 Operations: B.6.25 Line run time detailed report (see above) B.6.26 On-time performance (see above) B.6.27 Schedule adherence and statistics (see above) B.6.28 Headway reliability summary (see above) B.6.29 Dwell time summary B.6.30 Deadhead running time summary B.6.31 Log-on/log-off summary B.6.32 Incidents and accidents summaries by types,

geographic locations, and time interval.

B.6.33 Added trips (to meet rush hour demand) – miles and hours related to revenue and deadheads

B.6.34 Dropped and missed trips summary – miles and hours related to revenue and deadheads

B.6.35 Voice and data communication (or event log) summary including response times. Summarized by Communications Center Personnel for work load assignments and balance.

B.6.36 Off route summary B.6.37 Road call summary B.6.38 Relief summary report that shows the status of

each scheduled relief as completed, late, or has been missed.

B.6.39 Summary report of pre-trip/post-trip inspections.

B.6.40 ADA: B.6.41 Time used in wheelchair lift operation (i.e.

lowering, raising, and total time)

B.6.42 Wheelchair lift usage by route by day and direction of travel

B.6.43 Listing of vehicles with defective wheelchair lifts on a daily, weekly and/or monthly base. Listing of when wheelchair lifts were reported as defective to the time it was reported as in

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Item Requirements F C M TP U Commentsworking order for a configurable length of time such as six months or a year.

B.6.44 Maintenance: B.6.45 Vehicle pullout and pullback summary B.6.46 Real-time vehicle availability B.6.47 Maintenance work summary identifying

problem, resolution and cause for ITS and non-ITS maintenance works

B.6.48 Repeat failures summary B.6.49 Incidents and accidents summary (same as

above)

B.6.50 System health summary for on-board equipment

B.6.51 Pre-trip and post-trip inspection reports and summary

B.6.52 System administration and alarm/failure monitoring:

B.6.53 On-board equipment status(e.g., MDC software version, route version, farebox software version, destination sign software version)

B.6.54 Vehicle upload and download summary B.6.55 Wayside equipment status (e.g., software

version and alarm status for Passenger Advisory Signs)

B.6.56 Real-time information accuracy B.6.57 Communication failure log:

The reporting interface shall provide spatial or temporal segmentation of summary data “on the fly” (if applicable) by the following parameters:Route and direction; Variation/Pattern; Stop and timepoint; Communication type (applicable only to communication reports, for example, RTT, PRTT, covert microphone event); Trip; Run; Block; Vehicle; and Time of day, day of week, month, rating, fiscal year, calendar year

C.0 Automatic Vehicle Announcement (AVA) system general requirements

C.0.1 The system shall provide an integrated software package for preparing all information to be

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Item Requirements F C M TP U Commentsuploaded to the fleet, including the interior/exterior announcements, dynamic message sign text messages, announcement trigger locations, trip starts, and destination signs trigger locations

C.0.2 On-board announcement compliant with ADA regulations shall be made in English, Creole and Spanish languages. Also, Proposers shall describe the ability of their systems to make announcements in other languages

C.0.3 The system shall be interfaced with BCT's scheduling system to guarantee that the AVA system is always kept up to date with the current schedule patterns

C.0.4 The system shall be interfaced with the bulk data transfer support software, to provide a mechanism to upload automatic vehicle announcement data and trigger locations updates to buses

C.1 AVA announcement creation requirements C.1.1 The system shall provide a text-to-speech

generator for English, Creole and Spanish.

C.1.2 The system shall provide software to create recorded message files in-house by BCT.

C.1.3 The system shall be able to use professionally recorded messages that use a designated file format. The system shall provide the ability to create announcement messages that combine selected portions of recorded message files with timed pauses and text-to-speech segments.

C.1.4 The system shall provide the ability to create the dynamic message sign text associated with each announcement message.

C.1.5 The system shall allow the announcement message files and associated dynamic message sign text files to be linked with individual announcement trigger locations.

C.1.6 An announcement trigger location is a BCT-defined area located just prior to a stop location. The system shall provide a utility that allows BCT to configure announcement trigger locations on a global basis (e.g., 800 feet before) and to set or adjust announcement trigger locations individually.

C.1.7 A destination sign trigger location is a BCT-

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Item Requirements F C M TP U Commentsdefined area approaching the start of a trip or deadhead segment. The system shall provide a utility that allows BCT to configure destination sign trigger locations on a global basis (e.g., 800 feet before) and to set or adjust destination sign trigger locations individually.

C.2 On-board AVA requirements C.2.1 The automatic vehicle announcement controller

shall provide audio and visual announcements to riders inside the bus, and to those outside the bus. As each BCT vehicle approaches a stop or other designated location, a digitally-recorded announcement shall be made automatically over the existing on-board public address (PA) system speakers and be displayed on the existing dynamic messaging signs inside the vehicle to inform passengers about upcoming stops, major transfer points and intersections and landmarks.

C.2.2 The automatic vehicle announcement controller shall make an exterior announcement of the current route number and destination when doors open at a stop. At other locations (e.g., major intersections), the controller shall have the ability to make preset location-based interior announcements.

C.2.3 Vehicle operators shall be able to make audio announcements over the public address system using the vehicle’s hand-free speaker/microphone device.

C.2.4 The volume of the internal announcements shall be automatically adjusted according to the noise level on the vehicle at the time, and the vehicle operator shall not be able to adjust the announcement volume.

C.2.5 The automatic vehicle announcement shall make ambient external noise measurements to provide independent, automatic volume control for external announcements.

C.2.6 The automatic vehicle announcement shall be capable of adjusting the minimum and maximum volume levels separately for interior and exterior announcements.

C.2.7 No vehicle operator interaction shall be required for operation of the automatic vehicle announcement.

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Item Requirements F C M TP U CommentsC.2.8 The vehicle operator shall have the ability to

manually trigger the activation of any pre-recorded announcements.

C.2.9 The location information announced/displayed shall provide the stop name and transfer opportunities.

C.2.10 The automatic vehicle announcement shall not interfere with any existing public address system capabilities.

C.2.11 Vehicle operators will be allowed to override automatic vehicle announcement announcements for manual public address announcements for BCT configurable time durations. The controller shall revert to automated announcements after the time limit expires.

C.2.12 The vehicle operator or Communications Center personnel shall be able to activate a stored announcement on demand. Communications Center personnel shall be able to activate the announcements simultaneously on multiple buses.

C.2.13 The automatic vehicle announcement controller shall use the vehicle location information from the automatic vehicle location system to trigger the appropriate announcements on-board the vehicle whenever the vehicle enters a “trigger zone.” A trigger zone is a BCT defined and configurable area that is located just prior to each stop location. Trigger zones will be pre-defined by the central system and uploaded to the controller.

C.2.14 The controller shall be capable of making time-based, location-based and vehicle operator-initiated announcements/displays.

C.2.15 Time-based announcements/displays shall be programmed to be made on-board the vehicle at specific times of the day or at a BCT defined and configurable frequency within specified time periods, on specific days of the week.

C.2.16 Location-based announcements/displays shall be programmed to be made on-board the vehicle when that vehicle passes any designated location(s). In the event a GPS signal is unavailable, drivers shall be able to trigger stop announcements manually by selecting stop

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Item Requirements F C M TP U Commentslocations on the mobile data computer.

C.2.17 Vehicle operator-initiated announcements/displays (e.g., safety-related announcements) shall be available for use at the vehicle operator’s discretion.

C.2.18 Automated announcements shall continue to operate normally when the mobile data computer is in silent alarm mode.

C.2.19 In the event that a vehicle goes off-route, the automated announcements/displays shall not be made. Once the route is reacquired, the system shall automatically determine and announce the next valid bus stop or other designated location. Off-route and on-route detection and recovery shall be automatic and not require vehicle operator intervention or action.

C.2.20 The system shall be able to store up to 5,000 announcements/displays on the mobile data computer, based on announcements of up to 20 seconds in duration.

C.2.21 In the event the AVA is not functioning, there shall be a message display to remind the operator that, in accordance to the ADA, they are required to call out bus stops, major transfer points and intersections.

D.0 Real-Time Bus/Passenger Information System general requirements

D.0.1 Real-time bus information system is part of the proposed CAD/AVL system

D.0.2 Provide bus arrival/departure time at a particular bus station or stop including arrival status (late, on-time, or early), minutes to arrive/depart, bus number, route number and current passenger loads.

D.0.3 The ability to update real-time bus information every 15 seconds for the entire fleet at every bus stop.

D.1 Central Control software requirements D.1.1 The system shall have the ability to provide

current next vehicle arrival information to the wayside passenger advisory signs and other dissemination media (e.g., websites, cell phones, smart phones, personal computers, and other data processing devices) through an automated process.

D.1.2 Multiple sign rows shall be used to display arrival

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Item Requirements F C M TP U Commentsprediction messages when there are multiple routes at a stop or additional text messages are to be displayed.

D.1.3 The system shall allow authorized BCT personnel to construct and display one or more text messages (e.g., real-time information messages regarding service disruptions, road construction, emergencies and route changes). These messages shall be displayed on a separate row from the predicted arrival times.

D.1.4 The system shall allow control software users to review messages.

D.1.5 The system shall allow users of the central control software to configure the amount of time that a message is shown. This capability will enable users to display different messages for specific periods of time.

D.1.6 The system shall notify Communications Center personnel via tabular display if an alarm is received from the passenger advisory signs.

D.1.7 The web service system shall provide system administration functions to BCT in order to sufficiently to manage the required functionality. The Contractor shall provide sample screen shots and a high-level diagram of major menu options and administrative tools provided as part of the proposed web service system.

D.1.8 The appropriate security shall be in place to manage access to the system, including the following: Support for multiple security and access levels; and Applying different security levels to specific users.

D.1.9 Functions for editing, similar to those found in most Windows applications, shall be provided. These functions include drop down, fast-key, and “right click” selections for cut, copy, paste, find, replace, delete and other often-used functions.

D.1.10 The web service system shall collect all customer query data and provide reports for administrative purposes.

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Item Requirements F C M TP U CommentsD.1.11 The proposed system shall allow a system

administrator to generate reports for specific time periods, including number of total incoming queries, by route, direction and stop; Web analytics data for each web service visit, including the sequence of web pages retrieved and queries submitted, query data, and the time spent on each web page.

D.1.12 The proposed web service support tools shall allow the system administrator the capability to generate the above reports by the following selectable periods: hourly, daily, range of days, weekly, monthly and yearly.

D.2 Prediction software requirements D.2.1 The system shall use the real-time location and

schedule adherence data to create a continuously updated table of next arrival predictions for all stops.

D.2.2 The prediction shall provide estimated vehicle arrival times within a 60 minute window. Within the 30 minute window prior to actual vehicle arrival, Estimated Time of Arrival (ETA) shall be accurate within one minute 90% of the time and within three minutes 95% of the time.

D.2.3 The system shall provide the prediction data such that BCT and designated third parties have the right to perpetual and royalty-free access, for the purposes of integration with Passenger Advisory Signs (PAS) (or other public information methods) and importing data into the long term database, including a data dictionary and Entity Relationship Diagram for these data tables.

D.2.4 The information required by the algorithm(s) shall be manually entered into a prediction support database by the Contractor, as required. The system shall allow the user to configure the prediction support database values.

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Item Requirements F C M TP U CommentsD.2.5 The Contractor shall collect data on the accuracy

of the predictions relative to the actual arrival time on a minute by minute basis for at least 30 minutes prior to each sampled vehicle arrival (i.e., the accuracy for prediction 30 minutes in advance, for 29 minutes in advance, and so on down to those for 1 minute in advance). This data collection shall be done for one hour at each PAS location, and also for one hour for a random sample of at least one percent of all other system stops. Based on this data, the Contractor shall calibrate the prediction algorithm and collect additional prediction accuracy data for the affected stops to assess the extent to which the adjustments improved the accuracy.

D.2.6 A system report providing accuracy predictions stratified by minutes in advance of the arrival, filtered on a stop and timer period basis, is a desirable alternative since it would enable accuracy assessment during and after the implementation with less need for field data collection. With such a report, the Contractor shall still be required to assist with sufficient field data collection to validate the system prediction accuracy report, as well as with efforts to use the report data to maximize the accuracy of the arrival predictions.

D.2.7 The ability to display scheduled arrival time instead of predicted arrival time in the event when the prediction cannot be made, e.g., when a bus is not logged in, the GPS is not working, etc.

D.3 Real-Time Bus/Passenger Information delivered to wayside Passenger Advisory Signs (PAS)

D.3.1 The ability to provided real-time bus arrival prediction information to the existing TwinVision PASs at BCT.

D.4 Real-Time Bus/Passenger Information access through Website

D.4.1 The Contractor shall provide all web pages, data feeds and scripts needed to enable BCT or another vendor to host this web service on the existing BCT website.

D.4.2 BCT shall be able to modify and change the content of the website.

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Item Requirements F C M TP U CommentsD.4.3 BCT shall be able to modify and change the

graphical output of the website

D.4.4 BCT shall be able to set up predefined parameters for viewing the website.

D.4.5 The system shall allow a person using a personal computer, or web-enabled personal mobile device to visit a publicly accessible web address to select a route, direction and stop, or enter an intersection to select a nearby stop and in response receive the current predicted arrival time from the prediction software at the initiating device.

D.4.6 The response web page shall be continuously updated (whenever a new estimated time of arrival [ETA] is determined), until the user closes the web page.

D.4.7 The web page will be designed to be clear and provide ease of use by the end-users.

D.4.8 The system shall respond to a customer request with the real-time arrival information for the next three buses at a specific stop on the requested route and direction.

D.4.9 Include a mobile web site with the design suitable for access from personal mobile devices that have limited viewing screen size.

D.4.10 Allow users to access information through a map display environment. The ability to display only one route, selected few routes or all routes. Hover cursor over a stop to see bus arrival/departure information.

D.4.11 Allow users to access information through a text-only environment

D.4.12 Automatically detect user's location if access device is GPS enabled and display nearby bus stops

D.4.13 The ability to customize different views for different audiences such as BCT managers, operators and the general public

D.5 Real-Time Bus/Passenger Information access through e-mail and text messaging

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Item Requirements F C M TP U CommentsD.5.1 Customers shall be able to establish accounts

on-line to set parameters for the time and route information that will be sent to them. The customer input requirements shall be presented in a clear, understandable format and shall require a minimum amount of customer effort. When appropriated, data can be selected using pull down menus or other user friendly means. The intent is to gather accurate data in a customer friendly manner.

D.5.2 The system shall provide real-time information alerts to BCT customers based on their preferences. Customers shall be able to subscribe or unsubscribe to this service as desired. Also, the system shall allow them to configure their preferences for the content and time interval for receiving real-time information alerts.

D.5.3 The system shall automatically notify customers of the real-time status of buses at a specific stop on a requested route and direction. The notification will be made in the form of an email or SMS message (text message).

D.5.4 The notification service shall alert customers about real-time status of the last bus of the day, if their preference indicates interest in this information.

D.5.5 The notification output will be designed to clear and easy to understand by the end-users

D.6 Real-Time Bus/Passenger Information access through mobile phone apps

E.0 Integration/Interface with existing systems E.0.1 The Contractor shall provide, license, install and

integrate all upgrades needed to the existing software, including providing subcontracted support services from respective software vendors as needed.

E.1 Interface between the proposed mobile data computer with on-board subsystems to collect and report data

E.1.1 The same mobile data computer proposed for the CAD/AVL system and single sign-on will Interface with existing on-board subsystems through communications cabling and connections compliant with the Society of Automobile Engineers (SAE) J1708/1587, J1939,

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Item Requirements F C M TP U Commentsor other acceptable network standard, to form an open standard vehicle area network

E.1.2 On-board interfaces shall be combined into one display screen in order to increase the ease of use for the operator.

E.1.3 The mobile data computer shall constantly synchronize the farebox, dynamic messaging sign controller, destination sign controller, automatic passenger counting controller, automatic vehicle announcement controller, and vehicle component monitoring system date/time information with the central system date/time

E.1.4 Interface with the existing odometer to receive the signal and determining the distance traveled since the mobile data computer was logged on, including the ability for the agency to adjust the odometer calibration.

E.1.5 The accumulated mileage data collected shall be calibrated to be within 1% or less of observed mileage.

E.1.6 Interface with the existing GFI Odyssey farebox to provide GPS location data, run data and end of each trip of a run to the farebox. Upon request from the farebox system, the mobile data computer shall send the current location, including the bus stop number.

E.1.7 The mobile data computer shall update the farebox data when there is a change to the run, route, trip, or operator.

E.1.8 The mobile data computer shall be able to send all farebox alarms data to the central system. Alarms could be turned off remotely from central system.

E.1.9 Integrate with the existing GFI Odyssey farebox to share a single operator terminal for sign-on. The operator shall continue to be able to use all farebox OCU features, regardless of whether or not the operator has logged into a run using the mobile data computer or whether or not the mobile data computer is operational

E.1.10 Interface with the existing headsign to control the destination text to be displayed including automatically change the headsign destination at the end of trips

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Item Requirements F C M TP U CommentsE.1.11 At a BCT configurable distance, before the start

of each trip, the mobile data computer shall change the destination sign message to display a message that can be configured by BCT.

E.1.12 When the vehicle is logged into a run using the mobile data computer, but operating on deadhead from the maintenance facility to the first trip of the run, the mobile data computer shall automatically command the destination sign to display a message that can be configured by BCT. (This message could be “NOT IN SERVICE,” “FROM GARAGE” or the message that will be displayed during the first trip [e.g., origin or destination of the first trip]).

E.1.13 When the vehicle is logged into a run using the mobile data computer, but operating on deadhead for interlining between trips in the course of a run, the mobile data computer shall automatically command the destination sign to display a message that can be configured by BCT. (This message could be “NOT IN SERVICE” or the message displayed during either the previous or upcoming trip.)

E.1.14 When the vehicle is logged into a “special” run using the mobile data computer, the mobile data computer shall automatically command the destination sign to display a message that can be configured by BCT for that run (e.g., “NOT IN SERVICE,” “IN TRAINING”).

E.1.15 When the vehicle is logged into any run using the mobile data computer, the operator shall be able to manually command the destination sign to display one of a set of pre-configured messages that can be configured by BCT (e.g., “NOT IN SERVICE,” “IN TRAINING”).

E.1.16 The operator shall continue to be able to use all features of the existing destination sign controller, regardless of whether or not the operator has logged into a run using the mobile data computer or whether or not the mobile data computer is operational

E.1.17 Interface with the existing headsign to receive alarm status data from the headsign

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Item Requirements F C M TP U CommentsE.1.18 Interface with the existing interior and exterior

next stop announcement dynamic message sign and public address system speakers to deliver automatic vehicle announcements

E.1.19 Interface with the existing APC gateway and sensors to collect APC data, recording the number of passengers boarding and alighting through each door at each stop

E.1.20 The ability to communicate with central CAD/AVL system and provide real-time on-board passenger loads on all buses. Reset bus load at the end of each trip.

E.1.21 Interface with the existing GTT Transit Signal Priority (TSP) unit and use schedule adherence status to request TSP only when the vehicle is running late

E.1.22 Minimize the number of antennas and GPS receivers required for the on-board subsystems including CAD/AVL, GFI farebox, APC, TSP and Video and Audio Surveillance System.

E.1.23 The mobile data computer shall be integrated with J1939 network to collect codes from the Engine Control Module, Transmission Control Module and Automatic Braking System. The mobile data computer shall immediately report alarms detected through monitoring of vehicle components associated with these modules, and other on-board ITS equipment (e.g., mobile data computer, digital video recording device and cameras, farebox, and destination sign) as device alarm data messages to the central system.

E.1.24 The mobile data computer shall have the ability to monitor other onboard sensors and multiplex systems for at minimum: pressures – oil, hydraulic; Braking events - hard braking events; Temperatures – engine oil, engine coolant, transmission fluid; Fluid levels – engine oil, engine coolant, Automatic Transmission Fluid, fuel; Generator Output Voltage – 12V and 24V; Heating, ventilation and air-conditioning (HVAC); Other circuits such as wheelchair ramp deploy, bus kneel activation, bike rack deploy, and door open/closed; back up mobile data computer power system; and digital video recording equipment.

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Item Requirements F C M TP U CommentsE.1.25 The mobile data computer shall have the ability

to use BCT configurable frequency and duration thresholds for sensor data, to determine which shall be stored in the mobile data computer as warnings for bulk data transfer to the central system using the maintenance facility wireless LAN.

E.1.26 The mobile data computer shall have the ability to use a separate set of BCT configurable frequency and duration thresholds for sensor data, to determine which shall be sent immediately to the central software as critical alerts data messages. These thresholds shall be initially configured by the Contractor at the time of vehicle installations. Authorized BCT users shall be able to reconfigure thresholds at will.

E.1.27 The mobile data computer shall periodically attempt to send device alarm and critical alert data messages until it receives an acknowledgement message from the central system.

E.2 On-board Event Data Recording System (EDRS)

E.2.1 The event data recording system shall provide a continuous log of vehicle activity using the interfaces with engine, transmission and braking control systems. Speed history, odometer, excessive RPM, heavy braking, and fast acceleration exceptions shall automatically be recorded by exception.

E.2.2 The Contractor shall provide all software and hardware that comprise the event data recording system. The software for user configuration and data logging shall be Microsoft Windows-based or compatible system.

E.2.3 In addition to event-based data logging, the event data recording system shall have a three-axis accelerometer to sense and log excessive movement in any direction. The event data recording system shall be capable of measuring longitudinal, lateral and vertical g-forces on the vehicle. Accelerometers shall have an accuracy of 0.01g.

E.2.4 In the event of an accident, all data shall be permanently captured on a storage device onboard the vehicle. The storage device shall be tamperproof.

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Item Requirements F C M TP U CommentsE.2.5 Data captured due to an incident/accident, shall

be captured in time intervals configurable by BCT after the incident/accident at a minimum interval of 25 milliseconds.

E.2.6 All recorded data shall be automatically date and time stamped.

E.2.7 A “tag-button” shall be provided that allows the operator to manually tag accidents, incidents and vehicle fault conditions.

E.2.8 The “tag-button” shall be integrated with the “tag button” on the digital video recording equipment and shall not be a separate “tag button”.

E.2.9 In the event the “tag-button” is pressed, the event data recording system shall capture data for a BCT configurable number of seconds/minutes prior to the button being pressed and a BCT configurable number of seconds/minutes after the button has been pressed. Data shall be captured at least every 25 milliseconds during this period.

E.2.10 The location of the “tag-button” shall be determined by the Contractor and BCT staff.

E.2.11 All data shall be the exclusive property of BCT and shall be immediately available.

E.2.12 The on-board event data recording system units shall be securely mounted in the interior of the vehicle, clear of obstructions and interference-generating devices. The location of the onboard units shall be determined in collaboration with BCT’s staff.

E.3 Interface between the CAD/AVL and AVA systems and the central Scheduling and Dispatching software programs

E.3.1 The ability to interface with the existing modules of HASTUS software so as to accomplish the required system functionality.

E.3.2 The ability to directly import fixed-route schedule data exported from Hastus. Fixed-route schedule data include route definitions and shapes, timepoints, arrival and departure times, blocks, trips, runs and other schedule-related data.

E.3.3 The contractor shall supply all functions, software, scripts, procedures, and training necessary for successful import of fixed-route

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Item Requirements F C M TP U Commentsschedule data from HASTUS into the CAD/AVL system so that BCT can perform similar imports for data updates without assistance from the contractor.

E.3.4 The ability to import fixed-route schedule data directly via the Information Server rather than through manual handling of physical media.

E.3.5 The ability to enable system administrators to validate, test, repair and, if necessary, discard an imported data set prior to its cutover to online operation.

E.3.6 The ability to import data without interfering with online operation of the CAD/AVL system using the currently active data set

E.3.7 The ability to synchronize schedule data between the fixed-end servers and the vehicles during each cutover of imported and validated schedule data to online operations

E.3.8 The ability to enable system administrators to manually initiate the import of all schedule data required for the proper operation of the CAD/AVL system

E.3.9 The ability to interface with Trapeze BD (MIDAS) software for real-time updates of vehicle/operator assignment information

E.3.10 The system data content shall provide traceability back to the original data sources in both Hastus and Trapeze BD (MIDAS) for seamless data exchange and quality assurance.

E.4 Integration between the CAD/AVL System and the existing and future communication systems

E.4.1 Mobile communication system shall be established to enable the central system to exchange data messages with vehicles, dynamic message signs and other data devices over a wide area wireless communication network approved by BCT.

E.4.2 Mobile communication system shall be established to enable voice communication between the Communications Center, the fixed-route fleet and the supervisor and maintenance/service vehicles over a wide area wireless communication network approved by BCT.

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Item Requirements F C M TP U CommentsE.4.3 The protocol used for data transmission shall

accommodate the required functionality for 300 vehicles at a 15 second polling interval for vehicle location reporting and the capability to expand to accommodate up to 500 vehicle. BCT shall be able to adjust the polling intervals.

E.4.4 The system shall allow set up of text messaging, one-way broadcast voice calls and two-way voice calls to a single vehicle, all vehicles or a group of vehicles as specified under Section B.3. Communications Center Requirements.

E.4.5 A fallback mode of operation using the existing BCT UHF radio system shall be established for voice/data communication in the event that the proposed CAD/AVL mobile communication system should fail.

E.4.6 The contractor shall present and have approved, by Broward County Enterprise Technology Services (ETS), a network security plan that demonstrates due diligence in providing industry standard techniques for protecting the security of Broward County's internal network from unauthorized access via the WAN and LAN systems.

E.5 Bulk data transfer at bus depots E.5.1 The system shall be interfaced with the Bulk

Data Transfer Support Software, to allow the system to exchange data over the wireless LAN with vehicles.

E.5.2 The system shall allow files to be set up so that they will be automatically uploaded to vehicles when they connect with the wireless LAN, including a mechanism to avoid repeating an upload to a vehicle that has already previously received it as well as to determine once all vehicles have received the upload.

E.5.3 The system shall automatically receive from vehicles once they connect to the wireless LAN any files they have ready for upload, including a mechanism to avoid repeating an upload from a vehicle that has already previously provided it.

E.5.4 A database shall be maintained detailing which vehicles have received which data, software, and firmware updates.

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Item Requirements F C M TP U CommentsE.5.5 The mobile data computer shall automatically

connect to and authenticate the bus depot wireless LAN once in the coverage area.

E.5.6 The mobile data computer shall start bulk data transfer through the wireless LAN once the vehicle is authenticated.

E.5.7 The mobile data computer software shall automatically implement any on-board device software or firmware upgrades/patches or configuration data uploaded by the bulk data transfer server.

E.5.8 The mobile data computer shall upload vehicle mileage data over the wireless LAN on a daily base.

E.5.9 The mobile data computer shall upload the data captured by the Event Data Recording System over the wireless LAN on a daily base.

E.5.10 The schedule data required by the vehicles shall be transferred to the vehicles over the wireless LAN. The bulk data transfer shall permit all updates to occur over a predefined period of time prior to the effective date of the new data and without disrupting current operations using the existing data. In addition, the system shall provide the ability to download short-term changes to the route definition data (e.g., re-route) to vehicles operating in the field.

E.5.11 The mobile data computer shall download next stop announcement and destination sign files over wireless LAN.

E.5.12 The mobile data computer shall transmit APC data over the wireless LAN.

E.5.13 The mobile data computer shall provide an automated power off override feature in order to ensure complete download/upload of files before the vehicle shuts down.

E.6 Interface with County GIS E.6.1 Spatial data generated by the CAD/AVL system

shall be compatible with the County's GIS system

E.6.2 The Contractor shall import ESRI geographic information system (GIS) shape files, required to support the CAD/AVL system, from BCT’s GIS database.

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Item Requirements F C M TP U CommentsE.6.3 If the Contractor system uses a GIS shape file

format different than ESRI’s, it should provide a utility to convert the file to its CAD/AVL system map format for ongoing map maintenance.

E.6.4 The Contractor shall supply all functions, software, scripts, procedures, and training necessary for successful import of the BCT GIS data into the CAD/AVL system so that BCT can perform similar imports in the future without assistance from the Contractor.

E.6.5 The system shall enable System Administrators to manually initiate the import of base map data, including addition of map layers, without affecting current system operation and, once complete, shall permit a controlled and rapid switchover to the new data. The import process shall enable input, validation, and correction of new and updated map data without requiring extensive or complex manual operating procedures and without requiring significant manual data entry.

E.6.6 The system shall enable System Administrators to make corrections and additions to the map. The system shall store these corrections and additions so they can be re-applied on subsequent retrievals of newer versions of the base map without requiring re-entry of any of the changed data. A simple means of reverting to a prior map shall also be provided.

E.6.7 BCT shall be able to develop additional overlay map layers to the external source map that can include lines (e.g., route traces), points (e.g., landmarks, transfer locations, timepoints, stops) and route detours, with the color, shape and thickness being selectable.

E.7 Integration between the CAD/AVL and the future Asset Management System

E.7.1 The ability to integrate with asset management system, such as IBM MAXIMO or AssetWorks FA Suite, to feed vehicle component diagnostics and alerts related data.

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RLI No. V0998514R1ATTACHMENT B -1

Requirements Response - Proposer Questionnaire

In addition to completing the Requirements Response table above, the proposer shall answer the questions listed below and submit as part of the Attachment B response Firms are instructed to include, in the response to Attachment D - 5-Year Projected Cost Model, all costs required to implement all requirements in Attachment B.

In responding to the following questions, the Proposer shall maintain the question numbers and shall repeat the question with the response. Technical Specification references are included with the questions, where applicable. A question may be answered by a specific reference (document title, volume, section, page, and paragraph number) to the proposal or accompanying documentation.

1. Single Sign-On – Describe the approach proposed to enable the Single Sign-on feature for on-board subsystems to ensure sign-on conformity and accuracy.

2. Power Source and Power Backup System - Describe the power source and uninterruptible power backup system for the proposed on-board equipment.

3. Vehicle Location Reporting – Describe the proposed method to validate and back up the GPS for vehicle location reporting. Describe the proposed approach to ensure reliable location coverage of the entire BCT service area including portions of Miami-Dade and Palm Beach counties. Describe how the 15-second pulling interval can be achieved and how the pulling interval can be configured to meet different needs.

4. Additional Navigation Equipment – Identify and describe all navigation equipment that is included in the offering as a supplement or backup to GPS.

5. Covert Alarm Monitoring – Describe the proposed method of providing the covert alarm monitoring function including the microphone location(s) and quality of audio produced. Also describe the advantages and disadvantages of integrating the security camera audio for use by the covert monitoring function.

6. Voice Calls - Describe the proposed approach for handing voice calls among the Communications Centers, the bus fleet and the supervisor/maintenance/service vehicles.

7. Data Messaging – Store and Forward - Describe the proposed approach for handling store and forward messages and any capacity limitations.

8. Incident/Accident Management – Describe the proposed implementation of the incident/accident forms function, including Dispatcher and Road Supervisor functions, and linking multiple events to an incident report.

9. CAD/AVL User Interface and Map Displays – Describe the methods used to ensure the user interface and map displays are responsive to user requests.

10. User Guidance – Provide a description of user guidance features (help screens, user prompt messages, etc.) included in the proposed systems.

11. CAD/AVL System Administration – Describe the tools available for CAD/AVL system administration.

12. Data Quality Assurance and Data integrity – Provide examples for how the proposed systems check for data reasonableness and report abnormalities to system administrators for troubleshooting. Describe the mechanism used to protect data integrity in a multi-user and multi-processing environment.

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13. Report Generation Software – Describe the capability of the proposed report generation / editing tool.

14. Automatic Vehicle Announcement (AVA) System – Describe the features of the audio and visual announcement system, including voice options and the ability to edit the audio output. Describe the process for how audio and visual announcements are generated (e.g., proper pronunciation of unusual proper names) and maintained to reflect service changes. Distinguish those automated processes from those that are manual. Identify where an interface to scheduling system, interior/exterior message signs and public address system, of the same types at BCT, has been implemented with the proposed AVA system.

15. Real-Time Bus/Passenger Information System – Describe the proposed method to deliver real-time bus/passenger information to wayside passenger advisory signs. Describe the proposed mechanism to supply vehicle location and schedule adherence data to the prediction software. Describe the algorithm/parameters and/or data required to predict arrival information. Describe the proposed method to make prediction data accessible in support of open source public information development. Describe the tools available for system administration. Describe the proposed process to demonstrate the accuracy of the prediction. Provide a list of supported operating systems for mobile phone apps. Describe features/benefits of providing real-time bus/passenger information through mobile phone apps rather than through mobile websites.

16. Integration and Interface with on-board subsystems – Describe how existing on-board subsystems will be integrated and/or interfaced with the proposed CAD/AVL and AVA systems.

17. Fixed-route Scheduling and Dispatching System Interface – Identify where an interface to HASTUS and Trapeze DB (MIDAS) has been implemented with the proposed CAD/AVL software, whether the standard interface format and protocol was used, and any additions or modifications to the scheduling and dispatching system data that may be required to support the fixed-route scheduling and dispatching system interface. Also indicate the features and capabilities of the proposed interface software to support future upgrades to the Hastus and Trapeze DB (MIDAS) scheduling and dispatching system software.

18. Fixed-route Schedule Data Import - Describe the import and cutover process for a new set of data, including any and all impact to online operations and whether system downtime is required. If system downtime is required, the description shall state the maximum downtime that will occur for the initial and ultimate configuration of the proposed CAD/AVL and AVA systems.

19. Interlining – Describe, in detail, how the proposed system handles interlining. Discussion should include but not be limited to voice calls, data messaging, RSA and APC reporting, and AVL map displays.

20. Mobile Communication System and Fallback Operation – Describe the proposed mobile communication system and how the existing BCT UHF radio system can be integrated. Describe the proposed fallback mode of operation. Describe the proposed approach to ensure reliable and uninterrupted voice and data communication coverage

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of the entire BCT service area including portions of Miami-Dade and Palm Beach counties.

21. Bulk Data Transfer – Describe the mechanisms proposed for bulk data transfer between the central system and the vehicles including communication diagnostic tools to support network tracking, monitoring, and control.

22. Security – Describe mechanisms that will be applied to prevent unauthorized users from accessing the proposed systems and the Broward County internal network. Describe communication diagnostic tools that support network tracking, monitoring, and control.

23. GIS Data Import and Maintenance – Describe the import and cutover process for incorporation of new GIS data for the AVL map data and define all impact to online operations, including whether system downtime is required. If system downtime is required, the description shall state the maximum downtime that will occur for the initial and ultimate configuration of the proposed CAD/AVL system.

24. Interface with Asset Management System – Provide examples for how the proposed CAD/AVL system can integrate/interface with Asset Management Systems.

25. Industry Standards and Open Standard/Open Architecture – Provide examples of how industry standards and open standard/open architecture are supported by the proposed systems.

26. Standard Offering – Describe the standard features of the proposed systems that exceed those specified in the Requirements Response table.

27. Progress Reports – Provide a sample of a progress report from a project similar in scope.

28. Factory Acceptance Test – Provide a sample of a Factory Acceptance Test Plan from a project similar in scope.

29. Installation and Cutover Plan – Provide an overview of how the Proposer intends to accomplish the system installation, field testing, vehicle installations, and cutover without adversely impacting transit service. It is the responsibility of the Contractor to conduct any site visits that may be necessary to ensure a complete understanding of BCT facilities, existing equipment, and systems.

30. New Bus Buys – Describe the Proposer’s experience and approach for the installation of vehicle equipment on new vehicles both after and prior to the OEM’s delivery of the vehicles to BCT..

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RLI No. V0998514R1ATTACHMENT C

Confirmations of RLI Requirements

This solicitation contains numerous requests for proposers to confirm the Requirements contained herein. These requests are consolidated in this attachment. Each proposing firm should sign and submit a copy of this Attachment indicating their confirmation of the items below.

Software and Functional Requirements1) Confirm that:

a) The provider(s) has provided the completed CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information requirements form Attachment B: Requirements Response and verified the responses.

b) The Proposer(s) agrees with the manner in which all requirements would be met and understand that their fixed price proposal must cover the costs associated with implementation of 100% of the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information Requirements in Attachment B.

Integration Services2) Confirm that your firm will plan, develop, test and implement all necessary work efforts to

fully integrate the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information with Broward County’s Transit systems.

Application Development Maintenance (ADM) Services3) Confirm that your firm will:

a) Perform all steps and work efforts necessary of maintaining the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information.

b) Provide tiered support for ADM support and maintenance services.c) Provide the defined hardware, connectivity and technical architecture required to meet

the Environment requirements of the ADM.Pre-Project Training4) Confirm that:

a) Your firm will be fully responsible for Pre-Project Training.b) The firm or persons proposed to provide pre-project training are certified as a training

partner(s) with the proposed software.

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RLI No. V0998514R1ATTACHMENT C

Confirmations of RLI Requirements

The undersigned is submitting this proposal as (check all that apply)

_____ CAD/AVL system provider

_____ Single Sign-On provider

_____ Automatic Vehicle Announcement (AVA) system provider

_____ Real-Time Bus/Passenger Information System provider

_____ System Integration/Interface provider

The undersigned agrees with the applicable statements above and further certifies that all information provided herein is true and correct.

_____________________________________________________Name of Proposing Firm

_____________________________________________________Signature of Authorized Representative

_____________________________________________________Print Name of Authorized Representative

_____________________________________________________Title of Authorized Representative

_____________________________________________________Date

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RLI No. V0998514R1ATTACHMENT D

5-YEAR PROJECTED COST MODEL RESPONSE

General Instructions

Information submitted in this 5-Year Projected Cost Model Response, will be used by the County to compare billing rates and levels of effort proposed by submitters. Proposers should enter and submit pricing information into the 5-Year Projected Cost Model Response template, as instructed below. Firms are instructed to include, in the response to Attachment D - 5-Year Projected Cost Model, all costs required to implement all requirements in Attachment B.

Project Services: Project Services required to implement and support the operating environment for the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information. Please provide the list of Project Services including, but not limited to, project management, system design, implementation and testing, documentation and training and the associated costs. Include the costs for an on-site project manager during project implemtation and a full-time on-site technical support person for system support after the implementation. Please project the costs across the 5-Year time horizon as they will be charged for implementation and continued system support.

Software Licensing: Software, both core and bolt-on, that are required to implement the scope of requirements for the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information. Please provide the list of software modules and the associated costs. Please provide your assumptions regarding discounts to your software costs and project the costs across the 5-Year time horizon as they will be charged for implementation.

Software Maintenance: Software, both core and bolt-on, that are required to implement the scope of requirements for the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information. Please provide the list of software modules and the association maintenance costs. Please provide your assumptions regarding the maintenance percentage charged against software costs and any adjustments to that percentage over time. Please project the costs of Software Maintenance across the 5-Year time horizon as they will be charged after final system acceptance.

ADM Services: Application Development, Maintenance and Support Services required to implement and support the operating environment for the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information. Please provide your assumptions regarding the ADM fees for services. Please provide your preferred approach or approaches and project the costs across the 5-Year time horizon as they will be charged for implementation.

Integration/Interface Services: Integration and Interface Services required to implement and support the operating environment for the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information with the existing and future BCT systems. Please describe your proposed approach to provide Integration and Interface Services and project the costs of these services across the 5-Year time horizon as they will be charged for implementation.

Operating Environment/Hardware: Any hardware, hardware peripherals or hardware related services that are required to implement the CAD/AVL System with Single Sign-On and Real-Rev 1.3.12 of 163



Time Bus/Passenger Information. Including a 20% spare ratio, please provide the list of hardware, hardware peripherals or hardware related services with associated costs. Please provide your assumptions regarding any discounts and project the costs across the 5-Year time horizon as they will be charged for implementation.

Operating Environment/Hardware Maintenance: Any hardware, hardware peripherals or hardware related services that are required to implement the CAD/AVL System with Single Sign-On and Real-Time Bus/Passenger Information. Please provide the list of hardware, hardware peripherals with associated warranty periods and project the replacement costs, after the end of the proposed warranty periods across the 5-Year time horizon.

Other Project Expenses: Any other project expenses not already captured in the categories above. Please provide the list of project expenses and associated costs. If travel expenses are anticipated for this project, proposers are advised that the provisions of Florida Statutes Chapter 112.061 will apply as to allowable expenses. Note that the per diem option includes meals and lodging.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=112.061&URL=0100-0199/0112/Sections/0112.061.html

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Firms are instructed to include, in the response to Attachment D - 5-Year Projected Cost Model, all costs required to implement all requirements in Attachment B. Cost Elements Year 1 Year 2 Year 3 Year 4 Year 5 TotalTotal Cost by Fiscal Year Project Services Software Licensing Software Maintenance Application Development, Maintenance and Support Operating Environment/Hardware Operating Environment/Hardware Maintenance Systems Integration/Interface Services Project Expenses Project Services

Project Management Project Manager On-site Project Manager Technical Team

Technical Leader Team Resources

System Design System Implementation System TestingDocumentation Training List other project services here

Software Licensing List software solutions here including third-party/Bolt-in solutions

Software Maintenance List Software Here

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Firms are instructed to include, in the response to Attachment D - 5-Year Projected Cost Model, all costs required to implement all requirements in Attachment B. Cost Elements Year 1 Year 2 Year 3 Year 4 Year 5 TotalApplication Development, Maintenance and Support

Application Development (implementation) Application Maintenance Application Support post Implementation

Operating Evnironment/Hardware List required operating environment hardware List required operating environment services List other operating environment costs including installation

Operating Evnironment/Hardware Maintenance List required operating environment hardware

System Integration /Interface Services Project Manager Technical Team

Technical Leader Team Resources (Should not overlap App Development)

Interfaces Project Expenses

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5-YEAR PROJECTED COST MODEL RESPONSENARRATIVE DETAIL

This worksheet should be used to provide notes, details and assumptions used in determining costs listed in the 5-Year Cost Model on the primary worksheet, and will be considered as part of the Attachment D response. Firms are instructed to include, in the response to Attachment D - 5-Year Projected Cost Model, all costs required to implement all requirements in Attachment B.Project Services

Notes / Details / AssumptionsNotes / Details / AssumptionsNotes / Details / Assumptions

Software LicensingNotes / Details / AssumptionsNotes / Details / Assumptions

Software MaintenanceNotes / Details / AssumptionsNotes / Details / Assumptions

Application Development, Maintenance and SupportNotes / Details / AssumptionsNotes / Details / AssumptionsNotes / Details / Assumptions

Operating Evnironment/HardwareNotes / Details / AssumptionsNotes / Details / AssumptionsNotes / Details / Assumptions

Operating Evnironment/Hardware MaintenanceNotes / Details / AssumptionsNotes / Details / Assumptions

System Integration /Interface ServicesNotes / Details / AssumptionsNotes / Details / AssumptionsNotes / Details / Assumptions

Project ExpensesNotes / Details / AssumptionsNotes / Details / AssumptionsNotes / Details / Assumptions

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