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CHARLES COUNTY, MARYLAND GOVERNMENT
REQUEST FOR PROPOSALS
VANGO TRANSIT OPERATIONS MANAGEMENT
RFP #13-01
May 08, 2012
Prepared For:
Charles County
Department of Community Services
Transportation Division
Table of Contents
PART I
INSTRUCTIONS TO OFFERORS
1. PREPARATION OF PROPOSAL ................................................................................................... I - 2
2. FLEET INSPECTION ................................................................................................................... I - 2
3. PRE-PROPOSAL MEETING ........................................................................................................ I - 2
4. ADDITIONAL INFORMATION .................................................................................................... I - 2
5. DUE DATE / SUBMISSION OF PROPOSAL .................................................................................. I - 3
6. ADDENDA AND SUPPLEMENTS ................................................................................................ I - 3
7. INCURRING COSTS ................................................................................................................... I - 3
8. NEWS RELEASE ........................................................................................................................ I - 3
9. PUBLIC INFORMATION ACT NOTICE ......................................................................................... I - 3
10. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM ...................................................... I - 4
11. SUBCONTRACTORS .................................................................................................................. I - 4
12. INDEMNIFICATION CLAUSE ...................................................................................................... I - 4
13. INSURANCE REQUIREMENTS ................................................................................................... I - 4
14. PROTESTS ................................................................................................................................ I - 5
15. REJECTION OF PROPOSALS ...................................................................................................... I - 5
16. AWARD OF CONTRACT ............................................................................................................ I - 6
17. PERFORMANCE AND PAYMENT BONDS ................................................................................... I - 6
18. TERM OF CONTRACT ............................................................................................................... I - 6
19. METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS RIDER CLAUSE ........................... I - 6
FORMS:
COST PROPOSAL “A” ..................................................................................................................... I - 8
COST PROPOSAL “B” ..................................................................................................................... I - 9
SAMPLE CONTRACT..................................................................................................................... I - 10
ADDENDUM CERTIFICATION ....................................................................................................... I - 12
OFFEROR’S EXPERIENCE .............................................................................................................. I - 13
INTENDED NON-MBE SUB-CONTRACTORS ................................................................................... I - 14
CHARLES COUNTY MBE UTILIZATION AFFIDAVIT .......................................................................... I - 15
PROPOSED MBE SUB CONTRACTORS ........................................................................................... I - 16
PERFORMANCE BOND ................................................................................................................. I - 17
LABOR AND MATERIALS (PAYMENT) BOND ................................................................................. I - 18
NON-COLLUSION AFFIDAVITS ...................................................................................................... I - 20
PART II
CHARLES COUNTY GENERAL CONTRACT PROVISIONS
1. DEFINITIONS .......................................................................................................................... II - 1
2. CHANGES ............................................................................................................................... II - 2
3. CHANGE ORDERS .................................................................................................................... II - 3
4. DIFFERING SITE CONDITIONS .................................................................................................. II - 4
5. TERMINATION OF CONTRACT FOR CONVENIENCE ................................................................... II - 4
6. TERMINATIONS FOR DEFAULT - DAMAGES FOR DELAY - TIME EXTENSIONS ............................. II - 5
7. PAYMENTS TO CONTRACTOR .................................................................................................. II - 6
8. MATERIAL AND WORKMANSHIP ............................................................................................. II - 7
9. SUPERINTENDENCY BY CONTRACTOR ..................................................................................... II - 7
10. PERMITS AND RESPONSIBILITIES ............................................................................................. II - 7
11. CONDITIONS AFFECTING THE WORK ....................................................................................... II - 8
12. OTHER CONTRACTS ................................................................................................................ II - 8
13. PATENT INDEMNITY ............................................................................................................... II - 8
14. COVENANT AGAINST CONTINGENT FEES ................................................................................. II - 8
15. EQUAL OPPORTUNITY ............................................................................................................ II - 8
16. SUSPENSION OF WORK ........................................................................................................... II - 9
17. SUBCONTRACTORS ............................................................................................................... II - 10
18. FAIR TREATMENT OF SUBCONTRACTORS AND VENDORS ...................................................... II - 10
19. SPECIFICATIONS, STANDARDS, AND FORMS .......................................................................... II - 10
20. WORKING HOURS PER DAY .................................................................................................. II - 10
21. SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK ......................................................... II - 10
22. CONTRACTOR RESPONSIBLE FOR OVERTIME COSTS .............................................................. II - 11
23. EMERGENCY WORK .............................................................................................................. II - 11
24. OPERATING AND RESTORATION ........................................................................................... II - 11
25. WORK STOPPAGE BY THE COUNTY ....................................................................................... II - 12
26. SAFETY AND HEALTH ............................................................................................................ II - 12
27. INSURANCE .......................................................................................................................... II - 12
28. ADVERTISING ....................................................................................................................... II - 13
29. FEDERAL, STATE, AND LOCAL TAXES ..................................................................................... II - 13
30. INSPECTION AND ACCEPTANCE OF WORK ............................................................................. II - 13
31. ERRORS AND OMISSIONS ..................................................................................................... II - 13
32. INTENT OF SPECIFICATIONS .................................................................................................. II - 13
33. DISPUTES ............................................................................................................................. II - 14
34. COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS .................................................. II - 14
APPENDICES
APPENDIX A – SCOPE OF WORK................................................................................................ APP - 1
APPENDIX B – ADMINISTRATIVE REQUIREMENTS ..................................................................... APP - 9
APPENDIX C – REGULATORY REQUIREMENTS ......................................................................... APP - 25
APPENDIX D – OFFEROR QUALIFICATIONS & REQUIRED PROPOSAL CONTENT ........................ APP - 36
APPENDIX E – FLEET VEHICLE LIST ........................................................................................... APP - 40
***** BALANCE OF PAGE INTENTIONALLY LEFT BLANK *****
PART I
INSTRUCTIONS TO OFFERORS
VanGo Transit Operations Management RFP #13-01
I - 2
INSTRUCTIONS TO OFFERORS
1. PREPARATION OF PROPOSAL:
Proposals must be responsive to the scope, specifications, and other criteria specified in APPENDICES
A-D. Cost proposals must be submitted on the "Cost Proposal Forms A & B", attached hereto. All
blank spaces of the form shall be fully completed. All required information must be provided. Proposed
fees shall include all work as stipulated in the Specifications and Scope of Work, contained in the
APPENDICES. Bidders are required to complete and submit the Bidders Experience Form, included
herewith. Both Cost Proposal Forms must be signed by an officer authorized to make a binding
commitment for the bidding firm. No exceptions may be taken to the requirements of this solicitation.
The Offeror’s proposed fee for each service shall be for the total cost of the specified service for the
base contract period of September 1, 2012–June 30, 2015. For each extension period subsequent to the
base Contract term, the fee for each specified service will be adjusted in accordance with Section 15.
“Term of Contract”, page I-6.
A complete bid package shall include a cover letter stating that the offeror is or will be licensed to do
business in the State of Maryland by August 1, 2012, and that the offeror has complied with and takes
no exceptions to all requirements of the RFP; and the following forms: Cost Proposal Forms A&B,
Addendum Certification, Bidder’s Experience form, Intended Non-MBE Subcontractors form, MBE
Utilization Affidavit, Proposed MBE Subcontractors form, and Non-Collusion Affidavit. Proposals
shall be sealed in an envelope marked “RFP No. 13-01, VANGO TRANSIT OPERATIONS
MANAGEMENT - DO NOT OPEN”. Offerors shall submit one (1) unbound original, which
contains Cost Proposal Forms A&B enclosed in a sealed envelope, separate from the rest of the
proposal, marked “Cost Proposal”, and seven (7) bound copies of the proposal package to:
Fred Shroyer, Chief of Purchasing
Charles County Government Building
Address for USPS Mail delivery: Physical address:
P.O. Box 2150 200 Baltimore Street
La Plata, MD 20646 La Plata, MD 20646
2. FLEET INSPECTION: A fleet inspection will be held at 10:00 A.M., on May 20, 2012, at the current
Contractor’s facility, located at 11-A Irongate Drive, Waldorf MD, 20602. Contact telephone number
for the inspection is 240-682-0170. Offerors’ mechanics will have the opportunity to conduct a limited
inspection of the entire fleet. The inspection must conducted on a Sunday, and this is the only
opportunity offerors will have to conduct an inspection.
3. PRE-PROPOSAL MEETING: A pre-proposal meeting will be held at 10:00 A.M., on May 23, 2012,
in the Main Conference Room of the Department of Community Services’ Building, 8190 Port Tobacco
Road, Port Tobacco, Maryland, 20677.
4. ADDITIONAL INFORMATION:
Inquiries concerning the procurement process/solicitation documents should be directed to Fred Shroyer,
Chief of Purchasing, Purchasing Office, Charles County Government at 301-645-0656. Questions of a
technical nature, should be directed, in writing only (via e-mail or fax) to:
VanGo Transit Operations Management RFP #13-01
I - 3
Jeffry Barnett , Chief of Transportation
Charles County Government Department of Community Services
Fax: 301-934-0107
BarnettJ@CharlesCounty.org
All questions must be received prior to the close of business fourteen (14) calendar days (June 6) prior to
the due date. A response to the inquiries will be provided within a minimum of seven (7) calendar days
(June 13) prior to the submission deadline.
5. DUE DATE / SUBMISSION OF PROPOSAL:
All proposals must be received before 3:00 P.M. on June 20, 2012, and shall be valid for a minimum of
one hundred-twenty (120) days. Proposals, proposal modifications, or attempts to withdraw proposals
received after the due date/time will NOT be considered.
6. ADDENDA AND SUPPLEMENTS TO THE SOLICITATION:
In the event that it becomes necessary to revise any part of this solicitation, or if additional information
is necessary to enable the Offeror to make an adequate interpretation of the provisions of this
solicitation, a supplement to the solicitation will be issued. The Offeror shall acknowledge in their
proposal, the receipt of all addenda, supplements, amendments, or changes to the solicitation that were
issued by the County. If any person contemplating submitting a proposal in response to this solicitation
is in doubt as to the true meaning of any part of the Specifications, he may submit to the County, a
minimum of fourteen (14) calendar days prior to the scheduled due date, a written request for an
interpretation or correction thereof. The person submitting the request will responsible for its prompt
delivery. Any interpretation, correction, changes to the solicitation will be made only by addendum
duly issued, and will be posted on the County Bid Board found at www.charlescounty.org – Click
on “Doing Business” and then “Bid Board”. Any and all addenda issued prior to the due date and
time of proposal submission shall become a part of the contract documents and shall be covered in the
Offeror’s proposal prices, unless an alternate proposal schedule is presented by addendum. It is the
responsibility of the Offeror to check the County Bid Board as frequently as necessary to obtain
all updates and addenda to the solicitation.
7. INCURRING COSTS:
The County is not liable for any costs incurred by the Offeror prior to issuance of contract.
8. NEWS RELEASE:
No news releases pertaining to this proposal request or the service, study, or project to which it relates
will be made without County approval.
9. PUBLIC INFORMATION ACT NOTICE:
Offerors should give specific attention and identification of those specific portions of their proposals
which they deem to contain confidential and/or proprietary information. Such information must be
individually noted as being confidential or proprietary, either at that location, or in a separate listing
contained within the proposal, and provide justification of why the material should not be subject to
disclosure by the County upon request under the Maryland Public Information Act. Offerors may not
declare their entire proposal package to be confidential or proprietary. Failure to provide specific
identification and justification may result in the County releasing the information if requested to do so.
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10. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM:
Offerors are advised that the Charles County Local Government has established a Disadvantaged
Business Enterprise (DBE) Program which applies to all formal solicitations. This is a voluntary goal-
oriented program with a 2.39% DBE participation goal for this project.
DBE is a federal program administered by the Maryland Department of Transportation (MDOT), and he
Maryland Transit Administration (MTA). The voluntary goal applies to subcontractors as well.
The County recognizes, as DBE, the following groups as defined in the MBE program and include:
African Americans; American Indians/Native Americans; Asians; Hispanics; Women; Physically or
Mentally Disabled persons and Disabled American Veterans. MDOT MBE certification is required
for this solicitation.
The proposal documents included herein contain a form entitled “Minority Business Enterprise
Utilization Affidavit”. This document indicates the MBE certification status of the offeror, as well as,
the level of MBE participation of any sub-contractors or suppliers. Offerors are required to complete the
form and submit it with their proposal.
11. SUBCONTRACTORS:
The Contractor shall not sublet any portion of this contract, or assign or transfer any interest in this
contract without receiving prior written approval from the County. Where two or more bidders desire to
submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather
than as a joint venture. Subcontracts for any portion of this contract must be clearly identified in the
offeror’s proposal. Subcontracts are subject to DBE requirements detailed herein.
12. INDEMNIFICATION CLAUSE:
The contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its
officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of
action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person
or damage to property of any kind, which injury, death or damage arises out of, or is any way connected
with the performance of the work under this contract. This agreement shall apply to any acts or
omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s
agents or employees; except that this agreement shall not be applicable to injury, death or damage to the
property arising from the sole negligence of Charles County, it’s officers, agents and employees.
13. INSURANCE REQUIREMENTS:
The Contractor shall provide, at his expense, the insurance as specified in APPENDIX B, on page APP-
17, and Workmans’ Compensation insurance as required by law. Certification insurance must be
provided before any contract or agreement with the County may be executed and any work for the
County performed.
If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered because of
such deductibles.
All insurance policies must remain in effect the full duration of the contract. Proof of Insurance will be
required.
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14. PROPOSAL/BID/AWARD PROTESTS:
All protests made pursuant to this solicitation must be in writing and delivered to the Chief of
Purchasing: (a) within ten (10) calendar days after the Purchasing Office has publicly posted the
proposed contract award, if the bidder seeks as a remedy the award of the contract, or (b) before the
submission date for bids, if the bidder seeks as a remedy the cancellation or amendment of the
solicitation. Each protest must contain a protest filing fee in the amount of $500 (US currency); if
the fee is paid by check, then the check must be made out to “Charles County Government”. The
Chief of Purchasing, may, at his sole election, return the filing fee to the protesting offeror/bidder, if the
protest is sustained. Filing fees for unsustained protests shall not be returned. The Chief of Purchasing
must dismiss any protest not timely received.
Only an offeror/bidder who is “aggrieved” is eligible to file a protest. Aggrieved means that the
offeror/bidder who is filing the protest is susceptible for an award of the contract if the protest is
sustained (e.g., a fourth ranked bidder is not aggrieved unless the grounds for a protest, if sustained,
would disqualify the top three ranked offerors/bidders or would require that the solicitation be reissued).
Each protest must contain the following: identification of the solicitation; the name, address and
telephone number of the protesting offeror/bidder; a statement supporting that the offeror/bidder is
aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all
relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and,
all other matters which the offeror/bidder contends supports the protest. The burden of production of all
relevant evidence, data and documents, and the burden of persuasive argument to support the protest is
on the offeror/bidder making the protest.
The Chief of Purchasing shall forward to the County Attorney, all protests timely received, and
appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also
forward for the County Attorney’s information, all protests not timely received and/or otherwise
ineligible, that were dismissed by the Chief of Purchasing. The Chief of Purchasing, after consultation
with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide
written notice of his determination to the offeror/bidder making the protest, and to the County Attorney.
In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney,
shall determine what remedy shall be taken to redress the protest. All decisions of the Chief of
Purchasing shall be final, and not subject to appeal.
15. REJECTION OF PROPOSALS:
Although not intended to be an exhaustive list of causes for disqualification, any one or more of the
following causes, among others, may be sufficient for the disqualification of a bidder rejection of its bid:
Evidence of collusion among bidders.
Lack of competency revealed by financial statements, experience, equipment statements, or other
factors.
Lack of responsibility as shown by past work, judged from the standpoint of workmanship as
submitted or from previous experience with the Contractor.
Default on a previous similar contract for failure to perform.
The County reserves the right to reject any/all bids, to waive irregularities and/or informalities in any
bid, and to make award in any manner, consistent with law, deemed in the best interest of the County.
VanGo Transit Operations Management RFP #13-01
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16. AWARD OF CONTRACT:
The County intends to award this contract on the basis of a combination of the evaluation of both
offerors’ experience and qualifications, as well as the fees proposed. Award will not be based upon cost
alone. The evaluation criteria will include: the offeror’s demonstration of their understanding of the
work to be performed, past experience, technical ability, financial and other resources, qualifications of
personnel, results of reference checks, and record of similar work performed satisfactorily. The contract
entered into with the successful bidder sh13-01all meet all standard provisions required by the County
and by any involved government agencies.
The County intends to contract with a single firm and not with multiple firms doing business as a joint
venture. Subcontractors may not be used in the conduct of this contract without express written approval
of the County. The County reserves the right to reject any subcontracted relationship if changes or
additions of subcontractors are necessary during the life of the contract. The Contract documents will
consist of the Contract, this Solicitation, the Offeror’s proposal, and any addenda or other modifications
to the solicitation.
17. PERFORMANCE AND PAYMENT BONDS:
A. Performance Bond and a Labor & Materials Payment Bond, each in the following amounts based
upon the estimated contract amount will be required for this Contract, from sureties licensed to do
business in the State of Maryland and satisfactory to the County (See pages I-17 to I-19). Bonds will be
required and must be submitted to the County and the time of execution of the Contract.
Contract Year: One Two Three Option Years
Bonds Amount (Each bond): 100% 75% 50% 50%
18. TERM OF CONTRACT:
The base term of the Contract shall be for thirty-four (34) months, from September 1, 2012, through
June 30, 2015. Additionally, there shall be three (3) two-year extensions at the sole option of the
County, upon approval by the Maryland Transit Administration. Each two-year extension term shall
commence on July 1, and expire on June 30.
Pricing Adjustment for Extension Years:
Upon expiration of the base Contact term, rates for contract extensions shall be determined the May
prior to the beginning of each extension. The unit rate for the extension year shall be the bid rate of year
three of the initial contract adjusted by 75% of the increase or decrease in the Consumer Price Index
(CPI) during the previous year. For the purposes of this Contract, the CPI is defined as the Consumer
Price Index for all Transportation Services, as published by the United States Department of Labor,
Bureau of Labor Statistics. For purposes of adjustment, the CPI (75%) used for each extension year shall
be that published in approximately April of the year prior to the extension year rates calculated.
19. METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS RIDER CLAUSE: Use of
contract(s) by members comprising the Metropolitan Washington Council of Governments Purchasing
Officers’ Committee.
Extension to Other Jurisdictions Charles County Government extends the resultant contract (s), including pricing, terms and conditions to
the members of the Chief Purchasing Officers Committee of the Metropolitan Washington Council of
Governments, the members of the Baltimore Regional Cooperative Purchasing Council, as well as all
other public entities under the jurisdiction of the United States and its territories.
VanGo Transit Operations Management RFP #13-01
I - 7
Inclusion of Governmental & Nonprofit Participants This shall include but not be limited to private schools, Parochial schools, non-public schools such as
charter schools, special districts, intermediate units, non-profit agencies providing services on behalf of
government, and/or state, community and/or private colleges/universities that required these goods,
commodities and/or services.
Notification and Reporting
The Contractor agrees to notify the issuing jurisdiction of those entities that wish to use any contract
resulting from this solicitation and will also provide usage information, which may be requested. The
Contractor will provide the copy of the solicitation and resultant contract documents to any requesting
jurisdiction or entity.
Contract Agreement Any jurisdiction or entity using the resultant contract (s) may enter into its own contract with the
successful Contractor (s). There shall be no obligation on the party of any participating jurisdiction to
use the resultant contract (s). Contracts entered into with a participating jurisdiction may contain general
terms and conditions unique to that jurisdiction Including, by way of illustration and not limitation,
clauses covering minority participation, non-discrimination, indemnification, naming the jurisdiction as
an additional insured under any required Comprehensive General Liability policies, and venue.
Chief Purchasing Officers Committee & Baltimore Regional Cooperative Purchasing Council
Members: ___ Alexandria, Virginia
___ Alexandria Public Schools
___ Alexandria Sanitation Authority
___ Arlington County, Virginia
___ Arlington County Public Schools
___ Bladensburg, Maryland
___ Bowie, Maryland
___ BRCPC
___ Charles County Public Schools
___ College Park, Maryland
___ Culpeper County, Virginia
___ District of Columbia Government
___ District of Columbia Public Schools
___ Dist. of Columbia Water & Sewer Auth.
___ Fairfax, Virginia
___ Fairfax County, Virginia
___ Fairfax County Water Authority
___ Falls Church, Virginia
___ Fauquier County Schools & Government
___ Frederick, Maryland
___ Frederick County, Maryland
___ Gaithersburg, Maryland
___ Greenbelt, Maryland
___ Herndon, Virginia
___ Leesburg, Virginia
___ Loudoun County, Virginia
___ Loudoun County Public Schools
___ Loudoun County Water Authority
___ Manassas, Virginia
___ City of Manassas Public Schools
___ Manassas Park, Virginia
___ Maryland-National Capital Park & Planning Comm.
___ Maryland Department of Transportation
___ Metropolitan Washington Airports Authority
___ Metropolitan Washington Council of Governments
___ Montgomery College
___ Montgomery County, Maryland
___ Montgomery County Public Schools
___ Northern Virginia Community College
___ OmniRide/Potomac & Rapp. Trans. Comm.
___ Prince George's Community College
___ Prince George's County, Maryland
___ Prince George's Public Schools
___ Prince William County, Virginia
___ Prince William County Public Schools
___ Prince William County Service Authority
___ Rockville, Maryland
___ Spotsylvania County
___ Spotsylvania County Government & Schools
___ Stafford County, Virginia
___ Takoma Park, Maryland
___ Upper Occoquan Service Authority
___ Vienna, Virginia
___ Washington Metropolitan Area Transit Authority
___ Washington Suburban Sanitary Commission
___ Winchester, Virginia
___ Winchester Public Schools
VanGo Transit Operations Management RFP #13-01
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Offeror Cost Proposal "A" - Fuel Provided by the Contractor
The Offeror must complete each Bid line , and furnish any narrative necessary to explain/qualify the costs proposed. Offerors must submit bids for all Bid items. The Cost Proposal must be signed by a Principal Officer of the firm or other person authorized to commit to the offering firm to the costs proposed. The quantities provided are estimates for evaluation purposes only, and actual service required may be greater or less, dependent upon public need, rates, and availability of funding.
Year One Year Two Year Three
Total Contract Cost Total
of Columns A, B, C
Quantity Unit
Bid Rate Cost
Bid Rate Cost
Bid Rate Cost
Bid #A1
Public Transit 58,354 Hrs $ $ $ $ $ $ $
Note: Hours of service begin at the first scheduled stop and end at the last scheduled stop. Hours of service of routes that do not run continuously begin on the first stop and end on the last stop of each loop. Approved hours of service will be provided to Contractor prior to initiation of service.
Bid #A2
Specialized Transport 12,288 Trips $ $ $ $ $ $ $
Note: Includes Demand Response and ADA.
Bid #A3
Out of County Med Asst. 1,872 Hrs $ $ $ $ $ $ $
* Two days to Wash., DC, & two days to Baltimore.
Note: Revenue service hours (Billable) begin with first pick-up and ends at last drop-off.
Bid #A4
Subscription Services 6,000 Hrs $ $ $ $ $ $ $
Note: Revenue service hours (Billable) begin with first pick-up and ends at last drop-off.
Contract Cost (Total of Bids 1, 2, 3, and 4, for years 1 thru 3) $
Signature of Official Authorized to Sign for Offering Firm
Date
Witness
Date
VanGo Transit Operations Management RFP #13-01
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Offeror Cost Proposal "B" - Fuel Provided by the County
The Offeror must complete each Bid line , and furnish any narrative necessary to explain/qualify the costs proposed. Offerors must submit bids for all Bid items. The Cost Proposal must be signed by a Principal Officer of the firm or other person authorized to commit to the offering firm to the costs proposed. The quantities provided are estimates for evaluation purposes only, and actual service required may be greater or less, dependent upon public need, rates, and availability of funding.
Year One Year Two Year Three
Total Contract Cost Total
of Columns A, B, C
Quantity Unit
Bid Rate Cost
Bid Rate Cost
Bid Rate Cost
Bid #A1
Public Transit 58,354 Hrs $ $ $ $ $ $ $
Note: Hours of service begin at the first scheduled stop and end at the last scheduled stop. Hours of service of routes that do not run continuously begin on the first stop and end on the last stop of each loop. Approved hours of service will be provided to Contractor prior to initiation of service.
Bid #A2
Specialized Transport 12,288 Trips $ $ $ $ $ $ $
Note: Includes Demand Response and ADA.
Bid #A3
Out of County Med Asst. 1,872 Hrs $ $ $ $ $ $ $
* Two days to Wash., DC, & two days to Baltimore.
Note: Revenue service hours (Billable) begin with first pick-up and ends at last drop-off.
Bid #A4
Subscription Services 6,000 Hrs $ $ $ $ $ $ $
Note: Revenue service hours (Billable) begin with first pick-up and ends at last drop-off.
Contract Cost (Total of Bids 1, 2, 3, and 4, for years 1 thru 3) $
Signature of Official Authorized to Sign for Offering Firm
Date
Witness
Date
VanGo Transit Operations Management RFP #13-01
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SAMPLE CONTRACT
This CONTRACT made this day of , in the year Two Thousand Twelve,
by and between Xxxxxxxxxxxx Xxxxxxxxxxxx hereinafter called the CONTRACTOR and the
CHARLES COUNTY COMMISSIONERS, hereinafter called the COUNTY.
WHEREAS, the CONTRACTOR will provide the necessary services for RFP No. 13-01,
VanGo Transit Operations Management, in CHARLES County, MARYLAND subject to all
conditions, covenants, stipulations, terms and provisions contained in the General Provisions and
Special Provisions being in all respect made a part hereof, at and for a sum equal to the aggregate cost of
the services, materials, and supplies done or furnished, at the prices and rates respectively named
therefor in the proposal, attached hereto;
NOW, THEREFORE, THIS CONTRACT WITNESSES, that the CONTRACTOR hereby
covenants and agrees with the COUNTY that he will well and faithfully provide said necessary services
for the rates proposed in the CONTRACTOR’S proposal dated in accordance with
each and every one of the above-mentioned General Provisions and Special Provisions, at and for a sum
equal to the aggregate cost of the services, materials, and supplies done and furnished at the prices and
rates respectively named therefor in the proposal attached hereto and will well and faithfully comply
with and perform each and every obligation imposed upon him by said General Provisions and Special
Provisions.
The term of the contract shall be September 1, 2012 through June 30, 2015, subject to funding
availability, with three (3) additional two-year extensions, that may be granted at the sole option of the
COUNTY.
And the COUNTY hereby covenants and agrees with the CONTRACTOR that it will pay to the
CONTRACTOR when due and payable under the terms of said General Provisions and Special
Provisions, the above-mentioned fees; and it will well and faithfully comply with and perform each and
VanGo Transit Operations Management RFP #13-01
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every obligation imposed upon it by said General Provisions and Special Provisions of the terms of said
award. In witness whereof, said CONTRACTOR and the COUNTY have caused these presents to be
executed in the year and day first above mentioned.
County Commissioners of Charles County,
Maryland
(Name of Firm)
BY:
By:
Candice Quinn Kelly, President
(Title) (Date)
(Date) Approved as to Form:
(Address)
(City and Zip Code) (County Attorney)
(Witness) (Witness)
(Date) (Date)
(Secretary)
(SEAL)
NOTE: IF CONTRACTOR IS A CORPORATION, SECRETARY SHOULD ATTEST.
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ADDENDUM CERTIFICATION
The undersigned acknowledges that he/she received the following Addenda to the Specification for the above-
identified proposal, and that this proposal was prepared in accordance with said Addenda.
Addendum Number: Date of Addendum:
Signature Date Offeror
Address
PROJECT LEAD
Please indicate below how you first
Learned of this project.
o Charles County Website
o E-Maryland Marketplace
o Charles County Channel 95
o Newspaper
o Other .
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OFFEROR’S EXPERIENCE/REFERENCES
Name of Offeror/Company:
Each Offeror must submit below a minimum of five (5) references from projects similar in character and scope to the work specified under
this project which have been successfully completed by the Offeror in the last six years. This information must be furnished by each Offeror.
The term “completed” means original contract term was performed and final payment received from the owner or authorized representative.
Complete contact information for each reference, including name, telephone number, and mail address, must be included with the proposal.
An Offeror, which, in the sole judgment of the County, lacks sufficient specific experience, may be deemed non-responsible, and will not be
considered for this project. Use additional pages if necessary.
PROJECT NAME/LOCATION/
DATEs of SERVICE
OWNERS NAME &
ADDRESS
CONTACT NAME/
Fax No./Phone No.
% OF
WORK (FIRM WAS/IS
RESPONSIBLE)
CONTRACT
PRICE
This form may be duplicated if additional space is required.
VanGo Transit Operations Management RFP #13-01
I - 14
INTENDED NON-MBE SUB-CONTRACTORS
(Include and Mark N/A if Not Applicable)
Note: Any MBE sub-contractors intended for this project shall be identified on page following MBE Utilization
forms.
Sub-contractor
(Name and Address) Work to be performed
Bidder:
Address:
Signature: Date:
All Bidders are requested to complete this form and submit it with their proposal.
VanGo Transit Operations Management RFP #13-01
I - 15
CHARLES COUNTY MBE UTILIZATION AFFIDAVIT
MDOT MBE/DBE Certification is Required for this Solicitation.
Name of Bidder/Proposer:
Please respond to the following questions: Check One
Yes N o
1. Certified Minority Business Enterprise?
a. Certified by: State of Maryland?
b. Federal 8-A Registration?
c. Charles County Local Government?
d. Other (please list)
Principle Owner’s Minority Class (please check):
African American Asian American Hispanic American
Native American Women Other (please list)
2. If the response to Question 1 is no, has any Minority Business Enterprises provided services, or supplied
any items associated with your response to this Request for Proposal or Invitation to Bid?
Yes No
NOTE: If the response to Question 2 is yes, please include a list on the following page of all MBE subcontractors,
names and addresses, the nature of the services or supplies being furnished, percentage of the overall contract
amount and complete the remainder of this form. If the response to Question 2 is no, please provide signature and
title at bottom of form.
Total Proposal $
Total Minority Business Enterprise Bid/Proposal $
Percent of Total Minority Business Enterprise Contract $
Signature Title Date
VanGo Transit Operations Management RFP #13-01
I - 16
PROPOSED MBE SUB CONTRACTORS
(Include and Mark N/A if Not Applicable)
MDOT Certification is Required for this Solicitation.
COMPANY NAME & ADDRESS: __________________________________________________
(Include City, State, Zip Code
and County) __________________________________________________
__________________________________________________
PRODUCT/SERVICES __________________________________________________
________________________________________________________________________________
* MINORITY CLASS ______________________ PERCENT OF PARTICIPATION _______
═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═
COMPANY NAME & ADDRESS: __________________________________________________
(Include City, State, Zip Code
and County) __________________________________________________
__________________________________________________
PRODUCT/SERVICES
________________________________________________________________________________
* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______
═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═
COMPANY NAME & ADDRESS: __________________________________________________
(Include City, State, Zip Code
and County) __________________________________________________
__________________________________________________
PRODUCT/SERVICES __________________________________________________
________________________________________________________________________________
* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______
═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ If additional space is needed, please submit information on a separate sheet and attach hereto
* See Charles County MBE Utilization Affidavit for MBE classifications.
VanGo Transit Operations Management RFP #13-01
I - 17
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, ___________________________________________________________________ AS
PRINCIPAL, HEREINAFTER CALLED PRINCIPAL, AND
__________________________________________________ AS SURETY, HEREINAFTER CALLED
SURETY, ARE HELD FIRMLY BOUND UNTO CHARLES COUNTY, MARYLAND, A MUNICIPAL CORPORATION,
HEREINAFTER CALLED THE COUNTY, IN THE AMOUNT OF WORDS
DOLLARS, AND IN FIGURES $ .00, FOR THE PAYMENT
WHEREOF PRINCIPAL AND SURETY BIND THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS,
SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS.
WHEREAS, THE PRINCIPAL HAS ENTERED INTO A WRITTEN CONTRACT DATED
, 2012 WITH THE COUNTY FOR BID NUMBER: 13-01, VANGO TRANSIT OPERATIONS
MANAGEMENT, WHICH CONTRACT BY REFERENCE MADE PART THEREOF AND HEREINAFTER REFERRED TO
AS THE CONTRACT.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT THE PRINCIPAL SHALL WELL,
TRULY AND PROPERLY PERFORM AND FULFILL ALL OF THE UNDERTAKINGS, COVENANTS, TERMS,
CONDITIONS AND AGREEMENTS OF SAID CONTRACT AND OF ALL SUCH ALTERATIONS AND MODIFICATIONS,
DURING THE ORIGINAL TERMS OF SAID CONTRACT AND ANY EXTENSIONS THEREOF WHICH MAY BE GRANTED
BY THE COUNTY AND AGREED UPON BY THE PRINCIPAL; AND IF THE PRINCIPAL SHALL INDEMNIFY AND SAVE
HARMLESS THE COUNTY FROM ALL LOSS, COST OR DAMAGE ARISING OUT OF A DEFAULT HEREUNDER OR
UNDER SAID CONTRACT, THEN THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL BE AND
REMAIN IN FULL FORCE AND EFFECT.
THE SURETY EXPRESSLY WAIVES ANY RIGHT TO RECEIVE NOTICE OF EXTENSIONS OF TIME, OR ALTERATIONS
OR MODIFICATIONS OF THE CONTRACT WHICH ARE PROVIDED FOR AND MADE PURSUANT TO THE TERMS OF
SAID CONTRACT.
PROVIDED, HOWEVER, NO RIGHT OF ACTION SHALL ACCRUE ON THIS BOND TO OR FOR THE USE OF ANY
PERSON, FIRM OR CORPORATION WHATEVER OTHER THAN THE COUNTY NAMED HEREIN, OR ITS SUCCESSORS
IN OFFICE.
SIGNED AND SEALED THIS DAY OF ___________________________________, 2012.
IN THE PRESENCE OF: (SEAL)
PRINCIPAL: (SEAL)
SURETY: (SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY: _________________________
VanGo Transit Operations Management RFP #13-01
I - 18
CONTRACTOR’S LABOR AND MATERIAL (PAYMENT) BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, AS PRINCIPAL,
HEREINAFTER CALLED PRINCIPAL, AND AS SURETY,
HEREINAFTER CALLED SURETY, ARE HELD FIRMLY BOUND UNTO CHARLES COUNTY,
MARYLAND, A MUNICIPAL CORPORATION, HEREINAFTER CALLED THE COUNTY, IN THE
AMOUNT OF IN WORDS .00 DOLLARS, AND IN FIGURES
$ .00, FOR THE PAYMENT WHEREOF PRINCIPAL AND SURETY BIND
THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS,
JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS.
WHEREAS, THE PRINCIPAL HAS ENTERED INTO A WRITTEN CONTRACT DATED
WITH THE COUNTY FOR BID NO. 13-01, VANGO TRANSIT OPERATIONS MANAGEMENT, WHICH
CONTRACT BY REFERENCE MADE PART THEREOF AND HEREINAFTER REFERRED TO AS THE
CONTRACT.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT THE PRINCIPAL SHALL
MAKE PAYMENT TO EACH AND EVERY CLAIMANT, AS HEREINAFTER DEFINED, FOR ALL
LABOR, MATERIALS, SUPPLIES AND RENTAL OF EQUIPMENT REASONABLY REQUIRED AND
USED OR CONSUMED IN THE PERFORMANCE OF THE CONTRACT AND OF ALL SUCH
ALTERATIONS AND MODIFICATIONS OF SAID CONTRACT AS MAY HEREAFTER BE MADE
THEREIN, IN THE MANNER AND TO THE EXTENT WHICH SAID CONTRACT PROVIDES FOR SUCH
ALTERATIONS AND MODIFICATIONS, DURING THE ORIGINAL TERMS OF SAID CONTRACT AND
ANY EXTENSIONS THEREOF WHICH MAY BE GRANTED BY THE COUNTY AND AGREED UPON BY
THE PRINCIPAL; THEN THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL BE
AND REMAIN IN FULL FORCE AND EFFECT.
THE SURETY EXPRESSLY WAIVES ANY RIGHT TO RECEIVE NOTICE OF EXTENSIONS OF TIME,
OR ALTERATIONS OR MODIFICATIONS OF THE CONTRACT WHICH ARE PROVIDED FOR AND
MADE PURSUANT TO THE TERMS OF SAID CONTRACT.
PROVIDED, HOWEVER, ANYTHING IN SAID CONTRACT TO THE CONTRARY
NOTWITHSTANDING, THIS BOND IS EXECUTED UPON AND SUBJECT TO THE EXPRESS
CONDITIONS AND LIMITATIONS OF ARTICLE 90, SECTION 11 OF THE CODE OF MARYLAND (1957
EDITION, AS AMENDED), AS OF THE DATE OF THE CONTRACT WHEREIN IT IS SET FORTH AS
FOLLOWS:
SUITS ON PAYMENT BONDS – RIGHT TO INSTITUTE – EVERY PERSON WHO HAS FURNISHED
LABOR OR MATERIAL IN THE PROSECUTION OF THE WORK PROVIDED FOR IN SUCH CONTRACT,
IN RESPECT OF WHICH A PAYMENT BOND IS FURNISHED UNDER THIS SECTION AND WHO HAS
NOT BEEN PAID IN FULL THEREFOR BEFORE THE EXPIRATION OF A PERIOD OF NINETY DAYS
AFTER THE DAY ON WHICH THE LAST OF THE LABOR WAS DONE OR PERFORMED BY HIM OR
MATERIAL WAS FURNISHED OR SUPPLIED BY HIM FOR WHICH SUCH CLAIM IS MADE, SHALL
HAVE THE RIGHT TO SUE ON THE PAYMENT BOND FOR THE AMOUNT, OR THE BALANCE
THEREOF, UNPAID AT THE TIME OF INSTITUTION OF SUCH SUIT AND TO PROSECUTE SAID
ACTION TO FINAL JUDGMENT AND EXECUTION FOR SUM OR SUMS JUSTLY DUE HIM;
PROVIDED, HOWEVER, THAT ANY PERSON HAVING DIRECT CONTRACTUAL RELATIONSHIP
WITH A SUB-CONTRACTOR OF THE CONTRACTOR, OR WITH ANY SUB-CONTRACTOR OF THE
VanGo Transit Operations Management RFP #13-01
I - 19
CONTRACTOR BUT NO CONTRACTUAL RELATIONSHIP EXPRESS OR IMPLIED WITH THE
CONTRACTOR FURNISHING SAID PAYMENT BOND, SHALL HAVE THE RIGHT OF ACTION UPON
THE PAYMENT UPON GIVING WRITTEN NOTICE TO THE CONTRACTOR WITHIN NINETY (90)
DAYS FROM THE DATE ON WHICH THE PERSON DID, OR PERFORMED THE LAST OF THE LABOR
OR FURNISHED OR SUPPLIED THE LAST OF THE MATERIAL FOR WHICH SUCH CLAIM IS MADE,
STATING WITH SUBSTANTIAL ACCURACY THE AMOUNT CLAIMED AND THE NAME OF
THE PARTY TO WHOM THE MATERIAL WAS FURNISHED OR SUPPLIED OR FOR WHOM THE
LABOR WAS DONE OR PERFORMED. SUCH NOTICE SHALL BE SERVED BY MAILING THE SAME
BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, IN AN ENVELOPE ADDRESSED TO THE
CONTRACTOR AT ANY PLACE HE MAINTAINS AN OFFICE OR CONDUCTS HIS BUSINESS, OR HIS
RESIDENCE.”
SAME – WHERE AND WHEN BROUGHT; LIABILITY FOR COSTS – EVERY SUIT INSTITUTED UNDER
THIS SECTION SHALL BE BROUGHT IN THE APPROPRIATE COURT IN THE POLITICAL
SUBDIVISION IN WHICH THE CONTRACT WAS PERFORMED AND EXECUTED OR IN THE
POLITICAL SUBDIVISION WHERE THE CONTRACTOR HAS HIS PRINCIPAL PLACE OF BUSINESS
AND NOT ELSEWHERE, BUT NO SUCH SUIT SHALL BE COMMENCED AFTER THE TERM OF ONE
YEAR AFTER THE DATE OF FINAL ACCEPTANCE OF THE WORK PERFORMED. THE OBLIGEE
NAMED IN THE BOND OR THE TRUSTEE FOR ANY OTHER SECURITY SHALL NOT BE LIABLE FOR
THE PAYMENT OF ANY COST OR EXPENSE OF ANY SUCH SUIT.”
SIGNED AND SEALED THIS DAY OF ___________________________________, 2012.
IN THE PRESENCE OF: (SEAL)
PRINCIPAL: (SEAL)
SURETY: (SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY: _________________________
VanGo Transit Operations Management RFP #13-01
I - 20
NON-COLLUSION AFFIDAVIT
I do solemnly declare and affirm, under the penalties of perjury, the following:
1. That neither I, nor the best of my knowledge, information and belief, the Bidder / Offeror, nor
any officer, director, partner, member, associate or employee of the Bidder / Offeror, nor any person in
his behalf, has in any way agreed, connived or colluded with any one for and on behalf of the Bidder /
Offeror, to obtain information that would give the Bidder / Offeror an unfair advantage over others, nor
gain any favoritism in the award of this contract, nor in any way to produce a deceptive show of
competition in the matter of bidding or award of this contract.
2. That neither I, nor the best of my knowledge, information and belief, the Bidder / Offeror, nor
any officer, director, partner, member, associate of the Bidder / Offeror, nor any of its employees
directly involved in obtaining contracts with the State of Maryland or any County or any subdivision of
the State has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any
State or Federal Government of acts or omissions committed after July 1, 1977, except as noted below:
All pursuant to Article 78A, Section 16D of the Annotated Code of Maryland.
3. That said bidder has carefully examined the area to be served, and from said bidder's own
investigations, has satisfied itself as to the nature and character of the location, the equipment and
manpower requirements to perform the specified work, and all other items which may, in any way,
affect the work or its performance.
4. That said bidder is not in arrears upon debt or contract to the County or any other government
jurisdiction and is not a defaulter, as surety or otherwise, upon obligation to any government
jurisdiction, is not suspended or debarred from doing business with any government entity, and is duly
licensed to do business in the State of Maryland.
5. On acceptance of this bid for the specified work the undersigned does bind the person or persons
to provide services to the County as specified in the Invitation for Bids and Specifications.
Signature Date
Name and Title of Signer Company
Subscribed to and sworn to before me, a Notary Public of the State of County
or City of this year and date first written above.
Notary Public My Commission Expires
PART II
CHARLES COUNTY GENERAL CONTRACT PROVISIONS
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 1
GENERAL PROVISIONS
1. DEFINITIONS:
BID The fee proposal submitted for the work
contemplated.
BIDDER The person or persons, partnership, firm or
corporation submitting a fee proposal for the work
contemplated.
COMMISSIONERS The County Commissioners of Charles County.
COUNTY The County Commissioners of Charles County.
CONTRACT The written agreement executed by the County
Commissioners of Charles County and the
successful bidder, covering the performance of the
work and the furnishing of materials required in the
construction of the project. The contract shall
include: A conventional contract or award letter,
instructions to bidders, solicitation, specifications
and scope of work, special provisions, general
provisions, any other addenda or written
instructions pertaining to the method and manner of
performing the work, and the offeror’s bid/proposal.
CONTRACTING OFFICER The Chief of Transportation of the Department of
Community Services, and includes a duly appointed
successor or authorized representative.
CONTRACTOR The person or persons, partnership, firm or
corporation who enters into a contract awarded to
him by the COUNTY.
DEPARTMENT The authorized division or agency of Charles
County government responsible for the service or
work for which the contract will be written.
DAYS Calendar Days
EXTRA WORK A written order to the CONTRACTOR and signed
by the CONTRACTING OFFICER, ordering a
change in or an addition to the work from that
originally shown in the specifications.
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 2
GENERAL PROVISIONS All requirements and provisions contained in this
document.
INSTRUCTIONS TO BIDDERS Information explaining the procurement process,
significant dates, and bidding requirements.
OWNER The entity holding title or having vested interest in
the property and rights associated with the property.
SPECIAL PROVISIONS Statements modifying or changing the requirements
or provisions of the General Specifications or
adding new requirements or provisions thereto.
SPECIFICATIONS/SCOPE OF WORK The written or printed agreements and instructions
pertaining to the performance of the work to be
performed, and/or the quantity and quality of the
work/materials to be furnished under the contract.
2. CHANGES:
A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by
written order designated or indicated to be a change order, make any change in the work
within the general scope of the contract, including but not limited to changes:
(1) In the specifications (including drawings and design);
(2) In the method or manner of performance of the work;
(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or
(4) Directing acceleration in the performance of the work.
Any other written order or an oral order (which terms as used in this paragraph (B.) shall
include direction, instruction, interpretation, or determination) from the
CONTRACTING OFFICER, which causes any such change, shall be treated as a change
order under this article, provided that the CONTRACTOR gives the CONTRACTING
OFFICER written notice stating the date, circumstances, and source of the order and that
the CONTRACTOR regards the order as a change order.
B. Except as herein provided, no order, statement, or conduct of the CONTRACTING
OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to
an equitable adjustment hereunder.
C. If any change under this article causes an increase or decrease in the CONTRACTOR'S
cost of, or the time required for, the performance of any part of the work under this
contract, whether or not changed by any order, an equitable adjustment shall be made and
the contract modified in writing accordingly; provided, however, that except for claims
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 3
based on defective specifications, no claim for any change under paragraph (B.) above
shall be allowed for any costs incurred more than twenty (20) days before the
CONTRACTOR gives written notice as therein required; and provided further, that in the
case of defective specifications for which the COUNTY is responsible, the equitable
adjustment shall include any increased cost reasonably incurred by the CONTRACTOR
in attempting to comply with such defective specifications.
D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this
article, he must, within thirty (30) days after receipt of a written change order under
paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above,
submit to the CONTRACTING OFFICER a written statement setting forth the general
nature and monetary extent of such claim, unless this period is extended by the
COUNTY. The statement of claim hereunder may be included in the notice under
paragraph (B.) above.
F. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed
if asserted after final payment under this contract.
3. CHANGE ORDERS:
A. Additional Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which
results in an increase in the contract price will be determined by one or the other of the
following methods, at the election of the CONTRACTING OFFICER.
(1) On the basis of a stated lump sum price, or other consideration fixed and agreed
upon by negotiation between the CONTRACTING OFFICER and the
CONTRACTOR in advance, or if this procedure is impractical because of the
nature of the work or for any reason,
(2) On the basis of the actual necessary cost as determined by the CONTRACTING
OFFICER, plus a fixed fee to cover general supervisory and office expense and
profit. The fixed fee shall not exceed fifteen percent (15%) of the actual
necessary costs. The actual necessary cost will include all reasonable
expenditures for material, labor, and supplies furnished by the CONTRACTOR
and a reasonable allowance for the use of his plant and equipment where required,
but will in no case include any allowance for general superintendent, office
expense, or other general expense not directly attributable to the extra work. In
addition to the foregoing, the following will be allowed: the actual payment by the
CONTRACTOR for workmen's compensation and public liability insurance;
performance and payment bonds (if any); and all unemployment and other social
security contributions (if any) made by the CONTRACTOR pursuant to Federal
or State statutes; when such additional payments are necessitated by such extra
work. An appropriate extension of the working time, if such be necessary, also
will be fixed and agreed upon, and stated in the written order.
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 4
B. Reduced Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which
results in a decrease in the contract price will be determined in a manner conformable
with paragraph A.2 under Additional Costs.
4. DIFFERING SITE CONDITIONS: (NOT APPLICABLE TO RFP 13-01)
A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the
CONTRACTING OFFICER in writing of:
(1) Subsurface or latent physical conditions at the site differing materially from those
indicated in this contract, or
(2) Unknown physical conditions at the site, of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inhering in work
of the character provided for in this contract.
The CONTRACTING OFFICER shall promptly investigate the condition(s), and if he
finds that such conditions do materially differ and cause an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, performance of any part of the work
under this contract, whether or not changed as a result of such conditions, an equitable
adjustment shall be made and the contract modified in writing accordingly.
B. No claim of the CONTRACTOR under this article shall be allowed unless the
CONTRACTOR has given the notice required in paragraph (A.) above; provided,
however, the time prescribed therefore may be extended by the County.
C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed
if asserted after final payment under this contract.
5. TERMINATION OF CONTRACT FOR CONVENIENCE:
A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in
whole or in part at any time, either for the COUNTY'S convenience or because of the
failure of the CONTRACTOR to fulfill his obligations under this contract.
Upon receipt of such notice, the CONTRACTOR shall:
(1) Immediately discontinue any part or all services as directed by the County’s
authorized representative, and
(2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by the CONTRACTOR in performing under this contract, whether
completed or in process.
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 5
B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the
contract price shall be made but no amount shall be allowed for anticipated profit on
unperformed services.
C. If the termination is due to the failure of the CONTRACTOR to fulfill his obligations
under this contract, the COUNTY may take over the work and prosecute the same to
completion by contract or otherwise. In such case, the CONTRACTOR shall be liable to
the COUNTY for any additional cost occasioned to the COUNTY.
D. If, after notice of termination for failure to fulfill obligations, it is determined that the
CONTRACTOR had not so failed, the termination shall be deemed to have been effected
for the convenience of the COUNTY. In such event, adjustment in the contract price
shall be made as provided in Paragraph B of this clause.
E. The rights and remedies of the COUNTY provided in this clause are in addition to any
other rights and remedies provided by law or under this contract.
6. TERMINATIONS FOR DEFAULT - DAMAGES FOR DELAY - TIME EXTENSIONS:
(DAMAGES FOR DELAY AND TIME EXTENSIONS NOT APPLICABLE TO RFP 13-01)
A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part
thereof, with such diligence as will insure its completion within the time specified in this
contract, or any extension thereof, or fails to complete said work within such time, the
COUNTY may, by written notice to the CONTRACTOR, terminate his right to proceed
with the work or such part of the work as to which there has been delay. In such event,
the COUNTY may take over the work and prosecute the same to completion, by contract
or otherwise, and may take possession of and utilize in completing the work such
materials, appliances, and plant as may be on site of the work and necessary therefore.
Whether or not the CONTRACTOR'S right to proceed with the work is terminated, he
and his sureties shall be liable for any damage to the COUNTY resulting from this refusal
or failure to complete the work within the specified time.
B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY
so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of
such liquidated damages until such reasonable time as may be required for final
completion and acceptance of the work together with any increased costs occasioned the
COUNTY in completing the work.
C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY
does not so terminate the CONTRACTOR'S right to proceed, the resulting damage will
consist of such liquidated damages until the work is completed and accepted.
D. The CONTRACTOR'S right to proceed shall not be so terminated nor the
CONTRACTOR charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond
the control and without the fault or negligence of the CONTRACTOR, including
but not restricted to, acts of God, acts of the COUNTY in its contractual capacity,
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 6
acts of another Contractor in the performance of a contract with the COUNTY,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
unusually severe weather, or delays of subcontractors or supplies arising from
unforeseeable causes beyond the control and without the fault or negligence of
both the CONTRACTOR and such subcontractors or suppliers; and
(2) The CONTRACTOR, within ten (10) days from the beginning of any such delay
(unless the CONTRACTING OFFICER grants a further period of time before the
date of final payment under the contract), notifies the CONTRACTING
OFFICER in writing of the causes of delay.
The CONTRACTING OFFICER shall ascertain the facts and the extent of the
delay and extend the time for completing the work when, in his judgment, the
findings of fact justify such an extension, and his findings of fact shall be final
and conclusive on the parties, subject only to appeal as provided in the article of
these General Provisions entitled Disputes.
E. If, after notice of termination of the CONTRACTOR'S right to proceed under the
provisions of this article, it is determined for any reason that the CONTRACTOR was not
in default under the provisions of this article, or that the delay was excusable under the
provisions of this article, the rights and obligations of the parties shall, if the contract
contains an article providing for termination for convenience of the COUNTY, be the
same as if the notice of termination had been issued pursuant to such article. If, in the
foregoing circumstances, this contract does not contain an article providing for
termination for convenience of the COUNTY, the contract shall be equitably adjusted to
compensate for such termination and the contract modified accordingly; failure to agree
to any such adjustment shall be a dispute concerning a question of fact within the
meaning of the article of these General Provisions entitled Disputes.
F. In the event the construction of this project is interrupted, halted or discontinued by the
order of a Court of competent jurisdiction or the order of a supervening appropriate
government authority over which the COUNTY has no control, then in that event, it is
the intention of these specifications that the COUNTY'S liability shall be limited only to
the actual value of the work already performed and materials already purchased, with no
allowance permitted for loss of profits that would have ultimately accrued to the
CONTRACTOR had the CONTRACTOR completed the contract.
G. The rights and remedies of the COUNTY provided in this article are in addition to any
other rights and remedies provided by law or under this contract.
H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means
subcontractors or suppliers at any tier.
7. PAYMENTS TO CONTRACTOR: (NOT APPLICABLE TO RFP 13-01)
A. The COUNTY will pay the contract price, less all costs for overtime superintendence and
inspection, as herein-after provided.
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 7
B. The COUNTY will make progress payments monthly as the work proceeds, or at more
frequent intervals as determined by the CONTRACTING OFFICER, on estimates
approved by the CONTRACTING OFFICER. Progress payments will be due and
payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. If
requested by the CONTRACTING OFFICER, the CONTRACTOR shall furnish a
breakdown of the total contract price showing the amount included therein for each
principal category of the work, in such detail as requested, to provide a basis for
determining progress payments. In the preparation of estimates, the CONTRACTING
OFFICER, at his discretion, may authorize material delivered on the site and preparatory
work done to be taken into consideration. Material delivered to the CONTRACTOR at
locations other than the site may also be taken into consideration (1) if such consideration
is specifically authorized by the contract and (2) if the CONTRACTOR furnishes
satisfactory evidence that he has acquired title to such material and that it will be utilized
on the work covered by this contract. Such payments shall be conditioned upon
submission by the CONTRACTOR of bills of sale or such other procedures satisfactory
to the COUNTY to establish the COUNTY'S title to such materials or equipment or
otherwise protect the COUNTY'S interest, including applicable insurance and
transportation to the site.
C. All material and work covered by progress payments made shall thereupon become the
sole property of the COUNTY but this provision shall not be construed as relieving the
CONTRACTOR from sole responsibility for all material and work upon which payments
have been made or the restoration of any damaged work, or as waiving the right of the
COUNTY to require the fulfillment of all of the terms of the contract.
8. MATERIAL AND WORKMANSHIP:
A. All work under this contract shall be performed in a skillful and workmanlike manner.
The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove
from the work any employee the CONTRACTING OFFICER deems incompetent,
careless, or otherwise objectionable.
9. SUPERINTENDENCY BY CONTRACTOR:
The CONTRACTOR shall give his personal superintendence to the work or have a competent
foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all
times during progress, with authority to act for him.
10. PERMITS AND RESPONSIBILITIES:
The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for
obtaining any necessary licenses and permits, and for complying with any applicable Federal,
State, and Municipal laws, codes, and regulations in connection with the prosecution of the work.
He shall be similarly responsible for all damages to persons or property that occurs as a result of
his fault or negligence. He shall take proper safety and health precautions to protect the work,
the workers, the public, and the property of others. He shall also be responsible for all materials
delivered and work performed until completion and acceptance of the entire construction work,
except for any complete unit of construction thereof which theretofore may have been accepted.
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GENERAL PROVISIONS II - 8
11. CONDITIONS AFFECTING THE WORK:
The CONTRACTOR shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the work, and the general and local conditions which can
affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve
him from responsibility for successfully performing the work without additional expense to the
COUNTY. The COUNTY assumes no responsibility for any understanding or representations
concerning conditions made by any of its officers or agents prior to the execution of this
contract, unless such understanding or representations by the COUNTY are expressly stated in
the contract.
12. OTHER CONTRACTS:
The COUNTY may undertake or award other contracts for additional work excluded from this
contract, and the CONTRACTOR shall fully cooperate with such other Contractors and
COUNTY employees and carefully fit his own work to such additional work as may be directed
by the CONTRACTING OFFICER. The COUNTY'S separate contractors will coordinate their
work with the CONTRACTOR. The CONTRACTOR shall not commit or permit any act which
will interfere with the performance of work by any other CONTRACTOR or by employees.
13. PATENT INDEMNITY:
Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its
officers, agents, and employees against liability, including costs and expenses, for infringement
upon any Letters, Patents of the United States arising out of the performance of this contract or
out of the use or disposal by or for the account of the COUNTY of supplies furnished or
construction work performed hereunder.
14. COVENANT AGAINST CONTINGENT FEES:
The CONTRACTOR warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For
breach or violation of this warranty the COUNTY shall have the right to annul this contract
without liability or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
15. EQUAL OPPORTUNITY:
During the performance of this contract, the CONTRACTOR agrees as follows:
A. The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
CONTRACTOR will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 9
advertising; layoff or termination; rates or pay or other forms of compensation; and
selection for training, including apprenticeship.
B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by
or on behalf of the CONTRACTOR, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national
origin.
C. The CONTRACTOR will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice, to be provided by the CONTRACTING OFFICER advising the labor union or
worker's representative of the CONTRACTOR'S commitments under this Equal
Opportunity article, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article
of this contract or with any of the said rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended, in whole or in part.
16. SUSPENSION OF WORK: (NOT APPLICABLE TO RFP 13-01)
A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to suspend,
delay, or interrupt all or any part of the work for such period of time as he may determine
to be appropriate for the convenience of the public.
B. If the performance of all or any part of the work is, for an unreasonable period of time,
suspended, delayed, or interrupted by an act of the CONTRACTING OFFICER in the
administration of this contract, or by his failure to act within the time specified in this
contract (or, if no time is specified, within a reasonable time), an adjustment shall be
made for any increase in the cost of performance of this contract (excluding profit)
necessarily caused by such unreasonable suspension, delay, or interruption and the
contract modified in writing accordingly. However, no adjustment shall be made under
this article for any suspension, delay, or interruption to the extent (1) that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the CONTRACTOR or (2) for which an equitable adjustment is
provided for or excluded under any other provision of this contract.
C. No claim under this article shall be allowed (1) for any costs incurred more than twenty
(20) days before the CONTRACTOR shall have notified the CONTRACTING
OFFICER in writing of the act or failure to act involved (but this requirement shall not
apply as to a claim resulting from a suspension order), and (2) unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of such
suspension, delay, or interruption, but not later than the date of final payment under the
contract.
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 10
17. SUBCONTRACTORS:
Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of
subcontractors who will be engaged by him in the execution of the work. After the list of
subcontractors has been approved, no changes shall be made in it without the permission and
approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however,
permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors
and complete it himself if for any reason it becomes necessary or desirable for him to do so.
That portion of the specifications beginning with the CONSTRUCTION SPECIFICATIONS, if
included in these documents, is arranged for editorial convenience only, the divisions thereof are
not to be construed in the whole as the complete representation of the work, nor individually as
authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities
into subcontracts related to such division. Nothing contained in the contract documents shall
create any contractual relationship between any subcontractor and the COUNTY.
18. FAIR TREATMENT OF SUBCONTRACTORS AND VENDORS:
The CONTRACTOR must make payment to any sub-contractor or vendor within 15 business
days of receiving payment from the County for a Contractor invoice submitted to the County that
billed for services or commodities provided by that sub-contractor or vendor. Contractors may
not impose retainage rates upon sub-contractors that are higher than those imposed upon the
Contractor by the County.
19. SPECIFICATIONS, STANDARDS, AND FORMS: (NOT APPLICABLE TO RFP 13-01)
Specifications and also standards of associations, societies, and laboratories referred to in these
specifications shall become a part of this contract and shall be considered as though incorporated
herein. The latest edition or amendment of supplement thereto in effect on the latest bid
invitation shall apply. Standards of associations, societies, and laboratories referred to in the
specifications may be obtained directly from such organizations.
The COUNTY shall not be responsible for furnishing any drawing, specification, or published
material not specifically identified in the Special Provisions of these specifications.
20. WORKING HOURS PER DAY: (NOT APPLICABLE TO RFP 13-01)
The normal number of working hours per day on this contract will be limited to eight (8), unless
otherwise authorized by the CONTRACTING OFFICER.
21. SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK: (NOT APPLICABLE TO
RFP 13-01)
The CONTRACTOR will not be permitted to do any work which requires the services of the
COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise
authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with
verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays
and holidays, clean-up and such other items for which no specific payment are involved. In
cases of bona fide emergencies, sound judgment shall be exercised.
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GENERAL PROVISIONS II - 11
22. CONTRACTOR RESPONSIBLE FOR OVERTIME COST: (NOT APPLICABLE TO RFP
13-01)
In cases where the CONTRACTOR desires to work in excess of the normal number of working
hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the
CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least three (3)
days in advance of the requested extended working hour period. The CONTRACTOR shall
include with the request the specific tasks or operations to be performed during the proposed
period of extended working hours. The CONTRACTOR shall be responsible for all costs
incurred by the COUNTY in providing superintendence and inspection services to accommodate
the CONTRACTOR in working extended hours including premium time, quality control testing,
per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the
said monies for superintendence and inspection of the CONTRACTOR's work outside the
normal working hours from payments due the CONTRACTOR. Said requested deductions shall
not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to
the deductions from payments due in accordance with the following fee schedule for those
services as deemed necessary by the COUNTY:
COUNTY Staff ................... Actual Cost of Staff
Miscellaneous........................Actual Cost of Staff
Other ...................................Actual Cost of Staff
23. EMERGENCY WORK: (NOT APPLICABLE TO RFP 13-01)
In case of an emergency, when work requiring supervision by the COUNTY or the
CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8)
hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER
to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, he
will grant permission to the CONTRACTOR to work such hours as may be necessary. Also if,
in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, he may direct
the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR
requests permission to do so or not.
24. OPERATING AND RESTORATION: (NOT APPLICABLE TO RFP 13-01)
The CONTRACTOR shall so conduct his operation as not to interfere with or endanger the
ordinary use of existing structures, roads, utilities, and other facilities. The CONTRACTOR
shall provide and maintain all temporary roadways which may be authorized and all control and
safety devices necessary to maintain traffic, safety and the optimum normal use thereof.
Equipment, operations, and materials shall be confined to the limits defined by the
CONTRACTING OFFICER.
The site of the work and facilities required to be constructed under the contract shall be
maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess
equipment shall not be permitted to accumulate during the progress of the work.
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 12
After each facility is completed and after all the work under the contract has been completed, the
structure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean
and in a condition satisfactory to the CONTRACTING OFFICER.
The CONTRACTOR shall restore at his expense any damage to any property, including damage
to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold
the COUNTY free from all claims for damages or injury to all persons or property caused or
alleged to have been caused by the CONTRACTOR, his agents, employees, workmen, and
subcontractors in the execution of this contract.
25. WORK STOPPAGE BY THE COUNTY: (NOT APPLICABLE TO RFP 13-01)
The CONTRACTING OFFICER, by issuance of a stop work order, may direct the
CONTRACTOR to suspend any work that may be subject to damage because of weather
conditions.
26. SAFETY AND HEALTH:
The CONTRACTOR shall conduct his operations, including those involving machinery and self-
propelled vehicles and equipment in order to protect the lives and health of employees and other
persons; prevent damage to property, materials, supplies, and equipment; and to avoid work
interruptions; and the CONTRACTOR shall, in the performance of this contract, comply with
the applicable provisions of Federal, State and Municipal safety, health and sanitation laws and
codes, and shall otherwise furnish and employ such additional safeguards, safety devices,
protective equipment and measures, and fire preventive and suppressive measures and equipment
as shall be necessary for the protection of property and for the life and health of personnel. The
CONTRACTOR shall, after receipt of notice of deficiencies, immediately correct the conditions
to which attention has been directed. Such notice when served on the CONTRACTOR or his
representative at the site of work shall be deemed sufficient.
If the CONTRACTOR fails or refuses to comply promptly with requirements, the
CONTRACTING OFFICER may issue an order to suspend all or any part of the work. When
satisfactory corrective action is taken, an order to resume work will be issued. No part of the
time lost due to any such suspension order shall entitle the CONTRACTOR to any extension of
time for the performance of the contract or to excess costs or damages.
The CONTRACTOR shall maintain an accurate record of and shall report to the
CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING
OFFICER, all cases of death, occupational disease or traumatic injury requiring medical
attention or causing loss of time from work, or loss of or damage to property of the
CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or
employment incident to performance of work under this contract.
27. INSURANCE:
A. Workman’s Compensation:
Prior to executing the CONTRACT, the CONTRACTOR shall furnish compensation
insurance for employees engaged in this work, shall comply with the Workmen's
Compensation Laws of the State of Maryland and shall give proof of such insurance
satisfactory to the CONTRACTING OFFICER.
VanGo Transit Operations Management RFP #13-01
GENERAL PROVISIONS II - 13
B. Liability:
Insurance provided shall be in accordance with the requirements specified in
APPENDIX B, page APP-18
28. ADVERTISING: (NOT APPLICABLE TO RFP 13-01)
No signs or advertisements shall be displayed on the work site except with the prior approval of
the CONTRACTING OFFICER.
29. FEDERAL, STATE, AND LOCAL TAXES:
Except as may be otherwise provided in this contract, the contract price includes all applicable
Federal, State, and Local taxes, and duties.
30. INSPECTION AND ACCEPTANCE OF WORK:
All work on improvements shall be subject to inspection by the CONTRACTING OFFICER
during and upon completion of construction and to approval and acceptance by such
representative on behalf of the COUNTY, if said work is found to be in accordance with the
CONTRACT.
When all work comprised in this contract has been completed, including cleanup and restoration,
the CONTRACTOR shall so notify the CONTRACTING OFFICER in writing; the
CONTRACTING OFFICER will then make a final inspection. When defects, errors, and
omissions disclosed by the final inspection have been corrected, acceptance will be given in
writing, but until such acceptance, the CONTRACTOR shall be responsible for the work covered
by this contract.
31. ERRORS AND OMISSIONS:
The CONTRACTOR shall, immediately upon his discovery of any statement or detail which is
discrepant or which otherwise appears to be in error, bring the same to the attention of the
CONTRACTING OFFICER for decision or correction. Full instructions will always be given if
such error or omission is discovered.
32. INTENT OF SPECIFICATIONS:
It is the spirit and intent of these documents, specifications, and of any drawings forming part of
them, to provide that the work and all parts thereof shall be fully completed and suitable in every
way for the purpose for which designed, and that all parts of the work shall be of a quality be of a
quality comparable and consistent with the general quality of the facility being constructed. The
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GENERAL PROVISIONS II - 14
CONTRACTOR shall supply all materials and do all work which reasonably may be implied as
being incidental to the work of this contract.
33. DISPUTES:
A. Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement shall be decided by the
CONTRACTING OFFICER who shall reduce his decision to writing and mail or
otherwise furnish a copy thereof to the CONTRACTOR.
The decision of the CONTRACTING OFFICER shall be final and conclusive unless,
within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails
or otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed to
the COUNTY. The decision of the COUNTY for determination of such appeals shall be
final and conclusive. In connection with any appeal proceeding under this article, the
CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in
support of his appeal. Pending final decision of a dispute hereunder, the CONTRACTOR
shall proceed diligently with the performance of the contract and in accordance with the
CONTRACTING OFFICER'S decision.
B. This DISPUTES article does not preclude consideration of questions of law in connection
with decisions provided for in Paragraph A above. Nothing in this contract, however,
shall be construed as making final the decision of any administrative, official,
representative, or board on a question of law.
34. COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS:
A. Federal law requires that employers must verify that an individual whom they plan to
employ or continue to employ in the United States is authorized to accept employment in
the United States.
B. By submitting a bid/proposal in response to this solicitation, the bidder/Contractor
certifies that no person will be employed on this project in any manner, including sub-
contractors and suppliers, that is not eligible to work in the United States, or whose
employment is in violation of State or federal law. The Contractor has sole responsible
for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty of
$1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the
appropriate authorities.
* * * * * END OF GENERAL PROVISIONS * * * * *
APPENDICES
VanGo Transit Operations Management RFP #13-01
APP – 1
APPENDIX A
SCOPE OF WORK
1. SERVICES TO BE PROVIDED
A. Public Transit
B. Specialized Services
C. Out of County Medical Assistance Services
All services to be rendered by the Contractor under this Agreement shall be specified by the County.
Contractor shall advise the County of matters of importance and make recommendations when
appropriate; however, final authorization concerning service parameters shall rest with the County.
Other service requirements include having a person available to answer the telephone and relay
information to the drivers during all hours when a vehicle is on the road, with no exceptions.
The County reserves the right to revise any service parameters as needed, in order to meet service
requirements and regulations.
The Contractor may solicit ridership with County approval.
All passengers, including those requesting Specialized Services, are expected to utilize the public transit
deviated-fixed and fixed routes whenever possible. Medical documentation verifying why a person is
unable to use the public transportation will be required in instances where a person lives on or can
access a route but is requesting specialized transportation services, such as Medical Assistance
Transportation or Demand Response service.
The following sections detail the service as it currently exists (with known expansions). While it is
anticipated that service will continue initially as described below and may continue to grow over the
course of this contract, the County will modify the service – either increase or decrease – based on bid
responses. It is our intent to use the bid provided for planning new services as funding becomes
available. As such, it is expected that the proposed bid will apply to the cost of any future services for
the program.
2. PUBLIC TRANSIT
Contractor shall provide public transit services according to published schedules for established routes.
Hours of service are based on published start and end times of routes. Stops along the route will be curb-
to-curb whenever possible or otherwise as close to a destination as possible, with safety considerations
given top priority.
Bus stops along the route will direct the flow of the route, act as timing points, and act as areas for
passengers to board or disembark the bus. Passengers board and disembark at bus stop locations as well
as anywhere along the route in residential areas, as long as it is safe to do so. These are called “flag
stops” which allow a passenger to be picked up or dropped off anywhere along the route and not be
VanGo Transit Operations Management RFP #13-01
APP – 2
restricted to published stops, only. (Flag stops are not permitted along Route 301 or
Route5/Leonardtown Road.) The County will work closely with the Contractor to encourage passengers
to come to bus stop locations and to other pick-up locations along the route.
Unless otherwise noted, vehicles must have a minimum seating capacity of 16 ambulatory and 2
wheelchair positions with expandable ambulatory seating. All vehicles used in service must be lift
equipped.
3. FIXED ROUTE
The public transit fixed routes operate Monday through Saturday, 6:30 A.M. -- approximately 10:30 P.M.
The routes adhere strictly to published schedules and are operated according to published route details,
which are provided by the County and describe in detail the manner in which each route is to be
completed. Schedules list each stop on the route and the time the bus will arrive while the route details
dictate where the bus will turn and how the bus will travel to complete the stops listed on the schedule.
Operating schedules as of January 2012 are attached, with the general description of each route detailed
below.
Services run continuously throughout the day. As a result, the Contractor will have to provide adequate
staffing to allow for required breaks (lunch, dinner, etc.) for employees while continuing to operate the
service without interruption. These routes are VanGO’s primary routes, representing the most passenger
trips and covering the largest geographical area.
All deviated-fixed and fixed route services are timed to allow for transfers at various transfer points. The
main transfer point is currently the 301/Smallwood Drive park & ride lot. Additional transfer points
include, the La Plata Wal*Mart, Food Lion in St. Mary’s County, and Bryans Road Shopping Center.
A. St. Charles East A & B – Two buses operate two distinct 22 – 27 minute loops which run
simultaneously in the Eastern St. Charles community. Transfer points affected: 301 park & ride.
B. Pinefield – One bus runs 50-minute loops covering the Pinefield neighborhood and
surrounding areas and returns to the main transfer point, via traveling South on Route 301. Stops
along Route 925 are made while traveling North to Pinefield and stops along Route 301 are made
while traveling South towards the transfer point. Transfer points affected: 301 Park & Ride.
C. St. Charles C – One bus runs 45-minute loops covering communities located in St. Charles
West behind the St. Charles Towne Center Mall. Transfer points affected: 301 park & ride.
D. 301 Connector – 301 Connector acts as a shuttle between the main transfer point, and the La
Plata Village Center, where passengers can connect to the La Plata Route. 301 Connector
provides service to the College of Southern Maryland La Plata campus and the Charles County
Health Department. One complete round trip takes 51 minutes. Transfer points affected: 301
park & ride, La Plata Wal*Mart. Two buses are operated on this route from 7:30 AM until 5:51
PM then one bus operates until the end of service at 9:51 PM.
E. La Plata – La Plata operates two 25 minute loops in La Plata, only, with passengers
transferring to or from La Plata at the La Plata Village Center. Service on this route is to the
residential and business areas of La Plata including the local hospital, library, and Department of
Social Services. Transfer points affected: La Plata Wal*Mart.
VanGo Transit Operations Management RFP #13-01
APP – 3
F. Indian Head – One bus operates from the 301 park and ride throughout the day in 1.5 hour
loops. Transfer point affected: La Plata Wal*Mart and Bryans Road Shopping Center.
G. Berry Road – One bus operates from the 301 Park & Ride down the Berry Road corridor,
servicing the North Point Complex. The 50-min loop runs continuously throughout the day.
Transfer point affected: 301 park & ride.
H. Business A & B – Each loop operates in the Waldorf business community on and around
Route 301, as well as in residential neighborhoods along the routes. Medical offices, shopping
centers, grocery stores, and the Waldorf Jaycees are serviced with the Business routes. Business
A & B are each operated on approximately 45 minute loops.
I. Charlotte Hall – This route runs a 50-minute loop between Waldorf and Charlotte Hall daily
and offers connections to the St. Mary’s Transit System by connecting with STS at the Food
Lion shopping center in Charlotte Hall. Transfer points affected: Food Lion shopping center.
J. Newburg/Bryans Road – The Newburg route operates on a 55 minute loop every other hour.
On the opposing hour, the Bryans Road route operates on a 41 minute loop. One bus is required
to operate both routes.
K. Nanjemoy – Nanjemoy operates four trips as fixed route, three as a subscription and the last
trip at 7:30 PM on request from the La Plata Wal*Mart. Subscription trips are available to the
general public and that component of service is considered fixed route. Bidders should include
that in their fixed route pricing. County staff provides the contractor with subscription lists on a
daily basis.
L. Estimated passenger trips, miles, and hours per month. (This estimate is from the last
completed fiscal year, except Berry Road which is entirely estimated.) The expectation is that
passenger trips will continue to increase.
Avg. Passenger Average Miles Average Hours
Service Area Trips Per Month Per Month Per Month
St. Charles East A 5,116 5,866 397
St. Charles East B 6,963 6,130 399
Pinefield 5,193 6,251 403
St. Charles C 5,391 6,717 351
301 Connector 9,207 12,176 642
La Plata 4,775 5,988 371
Indian Head 5,073 10,778 397
Berry Road 2,870 7,576 348
Business A 4,466 5,834 337
Business B 3,322 3,821 300
Charlotte Hall 2,924 10,872 337
Newburg/Bryans Road 3,419 9,711 320
Nanjemoy 3,300 12,164 387
VanGo Transit Operations Management RFP #13-01
APP – 4
4. DEVIATED-FIXED ROUTE
These public transit routes also operate according to published schedules and route details but will
deviate from the route when necessary to provide additional service to passengers. Deviations may be
authorized up to ¾ of a mile for compliance with complementary ADA service.
Deviations must be approved by the County in advance and will be available only to eligible elderly and
disabled persons on the primary routes. Once approved, eligible persons must call in at least the day
prior in advance to request the deviated service. Drivers return to following published schedules and
route details once a deviation is completed and the bus returns to the route.
5. SPECIALIZED SERVICES
The Contractor shall provide specialized transportation services according to the guidelines outlined
below. Although it is preferred, and will be recommended to the public, that requests for services are
made within established time frames for route planning and efficient operations, attempts will be made
to accommodate any request for service regardless of when that request is made. This is in keeping with
the County’s strong emphasis on customer service. When any request cannot be accommodated, the
Contractor’s staff will remind customers of our recommended time frames for trip requests and
customers will be assured that attempts were made to meet their request but that resources were not
available to do so. Additionally, the Contractor shall keep a log of all trip denials (for all services) and
the reason for denials and shall provide this log to the County on a monthly basis with other required
reports.
The names of all passengers must be provided when making reservations for any specialized services
Persons other than the patient/passenger and required assistants or guardians will be provided
transportation on a space available basis only and will be charged a fare equivalent to the cost of
providing the service. The County determines this fare yearly. Staff must be sure to gather all
information on the number of passengers and advise passengers of space restrictions on the vehicle as
well as the requirement that passengers must provide their own car seats for children and that all
children under 4 years old or weighing less than 40 pounds must be secured in a child safety seat. All
other passengers are required to wear seat belts. Staff must also relay to customers that passengers other
than the customer/patient and required attendants could be displaced due to last minute transportation
requests. Drivers must be diligent in requiring that all passengers wear seatbelts and ensuring that all
children are secured in child safety seats when required.
When appointments are made for specialized services, Contractor staff must also remind customers that
they are to be ready to go any time within a half-hour pick-up window and that the drivers are not able
to wait more than five minutes before proceeding to their next pick-up. The Contractor will be required
to call all specialized service customers the day before a scheduled trip to remind the customer of the
scheduled trip. The County may require that the Contractor make such calls with a cell phone and
provide copies of the call details to the County.
All vehicles used for specialized transportation services will be equipped with foot stools to help
passengers board and disembark the vehicles. Stools should be durable and capable of being used safely
for the intended purpose.
It is the County’s policy that all persons on a VanGO Public Transit route will be required to use the
public transit unless they are physically or mentally unable to do so. Documentation of such conditions
VanGo Transit Operations Management RFP #13-01
APP – 5
may be required and will be confirmed by the County with the professional providing the information.
The County will make a decision as to a person’s eligibility for specialized services based on the
information provided.
Although each service described is administered separately, the Contractor is encouraged to consolidate
trips wherever practical, and need not separate passengers requiring trips under the different service
requirements by vehicle.
6. DEMAND-RESPONSE This service provides door-to-door general purpose transportation for eligible elderly and disabled
persons within Charles County. Trips shall be scheduled on an advance reservations basis (up to 14 days
in advance until 3:00 P.M. the day before) and will be based on availability.
Drivers will provide assistance to passengers to enable them to reach the vehicle when necessary but
under no circumstances will drivers be required to carry passengers. Assistance may include carrying
packages or equipment that weighs less than ten pounds.
Service is to be provided to passengers within a 30-minute window. Passengers will be expected to be
ready to go anytime within the window. The driver must knock on the door of the designated pick up
location. Drivers will wait five minutes after arrival and after knocking, provided they arrive within the
30-minute window. If a customer does not come to the vehicle or answer the door, drivers must receive
permission from the dispatcher prior to leaving and must leave a VanGO door hanger as provided by the
County.
Only those persons scheduled for service through the dispatch office will be eligible to ride. (If
additional people request service during a pick-up, the Contractor should contact County staff to
determine whether service may be provided.) Certified attendants and children under age 6 ride for free.
All other passengers must submit a VanGO coupon or the exact fare. The Contractor will be required to
adhere to and track any special arrangements related to fares payment for Demand Response passengers
(such as paying round trip instead of one-way fares) when the County approves to facilitate VanGO use.
Only those persons pre-approved by the County will be eligible for Demand-Response transportation.
Before scheduling a trip, Contractor staff will check records provided by the County to determine
whether a customer has been approved for service. If not approved, the trip will not be scheduled and the
customer will be advised to call the County to complete an application for the service or to discuss
alternative means of transit, such as the public transit routes if they are available in the customer’s area.
The Contractor will help ensure that the fixed- and deviated-fixed routes will be utilized by all
passengers who are on a VanGO public transportation route regardless of their eligibility for other
services, unless specified by the County.
Estimated passenger trips and hours per month.
Average Passenger Average Miles Average Hours
Service Type Trips Per Month Per Month Per Month
Demand Response 323 2,009 160
VanGo Transit Operations Management RFP #13-01
APP – 6
7. SUBSCRIPTION ROUTES
A. Indian Head Senior Center – Up to 16 ambulatory and 2 wheelchair passengers may
subscribe to this service. The County works in conjunction with staff at the Indian Head Senior
Center to identify passengers and coordinate scheduling. The designated service area is western
Charles County. Residents outside the service area are not eligible for subscription service.
The route provides service to the Indian Head Senior Center Monday through Friday.
B. Dialysis/Senior Center Plus Subscriptions – A minimum of two 10-ambulatory and 4-
wheelchair position buses are required to operate this subscription only service which provides
transportation to two county dialysis centers and several senior centers throughout the county.
The service operates in designated areas of the county on set days, providing service a total of six
days a week. Requests for dialysis and senior center transportation will be accommodated based
on the provided schedule and customers will be asked to make arrangements accordingly. The
County staff approve passengers and establish the basic route.
All Subscription
Average Passenger Average Miles Average Hours
Service Area Trips Per Month Per Month Per Month
County wide 1,280 9,319 786
Due to fluctuations in ridership levels and fixed route nature of subscription services, bids for
this component of service will be cost per revenue service hour.
8. MEDICAL ASSISTANCE
Medical Assistance Agreements: The bidder will work with all current human service providers who
have Medical Assistance Transportation subcontracts to provide transportation to their existing clients.
The contractor will also be required to continue current arrangements with other local jurisdictions for
coordinated trip arrangements outside of their local area. These arrangements are subject to the approval
of the County. Transportation will be provided only for Medicaid covered, medically necessary
treatment provided by a medical provider.
Demand Response (DR) Medical Assistance transportation is primarily intra county, and is integrated
with existing DR and Americans with Disabilities Act (ADA) services. However, there is a regular need
for medical trips to Baltimore and Washington. Currently, trips to Washington are operated on
Mondays and Wednesdays and to Baltimore on Tuesdays and Thursdays. These trips may serve any of
the medical facilities in each city and are generally assumed to consume approximately nine (9) hours of
revenue service. There are occasional requirements to provide out of county transportation to such
destinations as St. Mary’s County or Southern Maryland Hospitals. Given large fluctuations in
ridership, as referenced later in this RFP, bids for this component of service will be cost per revenue
service hour.
When a request for this service is made, in addition to verifying eligibility through the EVS, Contractor
staff must also complete a Medical Assistance Screening form for each person each time they request
transportation. This form ensures that the person has no other means of transportation available to them,
since Medical Assistance Transportation is a transportation of “last resort” and funds are reserved only
for those persons who have no other means of reaching their medically necessary appointments.
VanGo Transit Operations Management RFP #13-01
APP – 7
The Contractor will also support and encourage local efforts to consolidate Medical Assistance
transportation by providing passenger trips for clients in adjoining counties who are traveling in the
same out-of-county direction on the same day. These counties will be billed for the trips directly by the
Contractor. These trips average fewer than five per month
In accordance with COMAR regulations which dictate the Medical Assistance Transportation service
requirements, all Medical Assistance trips requested 24 hours in advance must be accommodated. This
applies whether the trip is to be in-county or out-of-county. For out-of-county trips, however, any
required paperwork must also be submitted at least 24 hours in advance to ensure service. 24 hours
advance notice is determined by the time of the requested appointment (e.g.: a request for a 3:00 P.M.
appointment the following day may be made as late as 3:00 P.M.); however, the County will work with
MA recipients to adhere to a 12:00 noon prior day cut off.
If the customer is on a VanGO public transit route that will allow them to reach their destination without
substantial inconvenience or delay, they will be required to use that means of transportation and
Contractor staff will be required to advise customers of this requirement. If the customer has any
questions regarding this requirement or is otherwise not satisfied with the Contractor’s explanation, they
may be referred to the County. Should Contractor staff have a question regarding whether it is
reasonable to require a Medical Assistance customer to use the Public Transit routes to reach their
medically necessary appointment, they may contact the County for guidance.
When a medical assistance recipient uses public transit to go to a medically necessary appointment, they
may not be charged a fare if lack of finances would otherwise prevent use of public transit and thus
require specialized services. In such instances, the MA recipient must coordinate with the dispatch
office, and must be identified on the particular route driver’s manifest, and then the display of their
Medical Assistance card will allow waiver of the fare.. Such individuals must be identified on driver
manifests to ensure that fares are charged, that the passengers are tracked, and that only otherwise MA-
eligible trips are provided without fare.
Estimated passenger trips and hours per month.
Average Passenger Average Miles Average Hours
Service Type Trips Per Month Per Month Per Month
Medical Assistance* 383 4,717 364
*Includes out of County trips to Baltimore and Washington
9. ADA SERVICE
The County provides complimentary para-transit service to meet the requirements of the Americans
With Disabilities Act. The Contractor is required to operate ADA service in accordance with all federal
and state guidelines. Generally, any individual with a disability who could otherwise access the fixed-
route public transit system but is unable to do so because of the disability is to be provided para-transit
service. The County will determine eligibility of such individuals. ADA service is limited to serving
those individuals who reside within ¾ of a mile from the designated fixed routes. ADA passengers will
be requested to schedule trips in advance; however, the Contractor will be obligated to provide same day
response as required under federal regulations.
VanGo Transit Operations Management RFP #13-01
APP – 8
Estimated passenger trips and hours per month.
Average Passenger Average Miles Average Hours
Service Type Trips Per Month Per Month Per Month
ADA 318 3,903 301
Note: All mileage and service hour values reflected above include non billable deadhead.
***** END OF APPENDIX A *****
VanGo Transit Operations Management RFP #13-01
APP – 9
APPENDIX B
ADMINISTRATIVE REQUIREMENTS
1. GENERAL INFORMATION
Offerors should be aware that this Project is funded at approximately 50% by the Federal Transit
Administration (FTA). The Maryland Transit Administration (MTA) acts on behalf the FTA, and
provides monitoring and oversight of the Project.
The Contractor shall provide the operational management of VanGO which includes but is not limited
to: day to day operation, maintenance management, receiving and scheduling transportation requests,
collecting fares, responding to customer information and requests, recommending routes and schedules
and preparing notification to customers concerning VanGO services (such as route revisions).
The Contractor will be required to establish at least four dedicated telephone lines with the current
exchange of 301-609-7917 offering the opportunity for all county residents to call without charge. The
Contractor is responsible for all telephone expenses. At contract end the telephone number will be
considered the property of the County and shall not be used by the Contractor thereafter.
This telephone number will be advertised as the VanGO service number. The Contractor will receive
requests and schedule trips and provide general information to callers regarding services as well as
specific schedules and fare information.
The Contractor shall provide telephone coverage from 5:00 A.M. - 10:30 P.M., Monday through Saturday.
A system for providing general information to callers must be established for all non-business hours. In
addition, a system must be in place to accommodate persons with disabilities (e.g., TTY, TTD). The
County could assist the Contractor regarding options for this.
2. PAYMENT TERMS
It is anticipated that the agreements resulting from this solicitation, if awarded, will be for a fixed
revenue vehicle-hour (RVH) rate for public transit, a per passenger trip rate for specialized demand
response services, a fixed revenue vehicle-hour rate for out of county medical trips and a fixed revenue
vehicle –hourly rate for subscription services. Additional hours of service due to delays, vehicle
breakdowns, and other matters outside of the County's control are the responsibility of the Contractor.
Additional hours of service will only be paid when pre-approved by the County.
The Contractor shall invoice the County for services on a monthly basis. Invoices will not be paid until
all required program and financial reports, and and/or other deliverables have been received, determined
to be complete and accurate.
3. DEVIATIONS FROM SCHEDULED OPERATIONS
A. VanGO will not operate on the following holidays:
(1) Thanksgiving Day
(2) Christmas Day
VanGo Transit Operations Management RFP #13-01
APP – 10
(3) Memorial Day (Observed)
(4) New Year’s Day
Note: From year to year there may be adjustments to holidays not operated,
at the discretion of the County.
B. Limited Service Days. Specialized transportation services to specific nutrition sites/senior
centers will not be provided when County Government offices or sites/centers are closed. These
days include:
(1) Martin Luther King's Birthday
(2) Washington's Birthday
(3) Good Friday
(4) Columbus Day
(5) Veteran's Day
(6) Thanksgiving Day and the following day
(7) Four In-Service days annually
(8) One week between Christmas and New Years Day
Note: Periodically there may be adjustments to limited service days
at the discretion of the County.
Current sites include the Richard R. Clark Senior Center in La Plata, the Jaycees Community
Center in Waldorf, the Indian Head Senior Center in Indian Head, and the Nanjemoy Community
Center in Nanjemoy. Limited service days apply only to Senior Centers and do not affect other
operations.
C. Inclement Weather Conditions. The Charles County Transportation Service will not operate
when conditions are deemed unsafe for driving, as determined by the Contractor in consultation
with the County. The Contractor will make recommendations to the County based on the
Contractor's perception of road conditions. In making the decision to delay or cancel services,
every effort will be made by the County to do so prior to the drivers' scheduled departure times.
County Senior Centers follow the public school system for inclement weather cancellations.
4. TWO-WAY RADIO COMMUNICATION
The Contractor is required to have two-way radio communication between vehicles and the base station.
The County will provide to the Contractor access to the county’s two-way radio frequency. The
Contractor will be responsible for procuring necessary/compatible equipment for all vehicles. The
County may lease such equipment, if available, to the Contractor.
5. CANNIBALIZATION
Cannibalization of parts from out of service vehicles will not be permitted without the express written
approval of the County.
VanGo Transit Operations Management RFP #13-01
APP – 11
6. FACILITIES
The Contractor will be required to procure its own office and maintenance facilities and to provide
suitable workspace for county staff – including at least one desk, chair, phone and active extension – at
the office location.
7. STAFFING
The Contractor must ensure that adequate, appropriate staff exist to fully implement all services
simultaneously and without interruption, including staffing a sufficient number of on-call or “extra
board” drivers. Additionally, the Contractor must ensure that a manager is available daily Monday
through Saturday during all hours of operation to properly address any issues that may arise.
The Contractor is responsible for employment and supervision of all employees needed to perform the
services provided for herein. Such responsibilities shall include employee recruitment, screening,
selection, training, supervision, employee relations, evaluations, retraining and termination. The County
shall not interfere with management of Contractor's normal internal business affairs and shall not
attempt to directly discipline or terminate Contractor's employees. However, the County will advise
Contractor of any employee's inadequate performance which has a negative effect on the service being
provided. Any Contractor employee determined by the County to be unacceptable must be removed
from VanGO operations within 10 days – or sooner if determined necessary by the County – of the
County’s notification to the Contractor.
In the hiring process, the Contractor will seek experienced managers, dispatchers, reservation staff,
mechanics and drivers, all of which should have at least two years’ experience in a field equivalent to
that for which they are being considered.
The CONTRACTING OFFICER shall have the absolute right to deduct from payments to the
Contractor, the salary cost of any vacant positions, whether required herein or established by practice.
8. MANAGEMENT STAFF
Contractor shall provide the services of a Site Manager or designated manager who will be on site and
will have the responsibility for the daily operation of the service. The Site Manager must have at least
five years of experience in managing transportation services similar to that provided pursuant to this
Agreement. In the absence of the Site Manager, a designated manager shall be fully responsible for the
performance of Contractor duties and shall be authorized to take all necessary actions on behalf of the
Contractor regarding management of services. The Contractor must ensure that either the Site Manager
or the designated backup manager be available locally at all times. The Site Manager or designated
manager will not assume other positions within the system, such as driver, for any reason but will
remain available to the County at all times as manager of the operation.
The Contractor shall submit resumes of selected candidates or current employees for Site Manager and
Back-up Site Manager to the County prior to the Contract beginning. The County will participate in the
interview of candidates and make recommendations of an acceptable candidate. Any candidate deemed
unacceptable by the County will not be considered for employment.
In the event that the Site Manager or another key manager responsible for service is relocated,
terminates employment, or otherwise becomes unavailable to the Contractor, the Contractor
immediately shall reassign another company manager to serve as Site Manager until the position is
VanGo Transit Operations Management RFP #13-01
APP – 12
restaffed. Additionally, the Contractor shall submit the resume of a replacement candidate to the County.
If the candidate is unacceptable to the County, the Contractor shall seek another candidate for the
position, again subject to County approval. The County will again participate in the interview of
candidates and make recommendations. Any candidate deemed unacceptable by the County will not be
considered for employment.
Competitive pay for employees is critical to the success of the Contractor. For this reason, the County
strongly encourages that all positions have a salary range that will ensure the attraction of experienced
staff, minimally commensurate with that of similar systems in similar geographic areas.
The County reserves the right to approve any changes to management staff prior to their being
hired by the Contractor throughout the life of this contract.
In developing a staffing plan, emphasis should be placed on hiring persons with local service
experience. That is, persons familiar with the county. Drivers and staff currently working with or who
have worked with the system in the past may be hired with County approval only. The Contractor must
submit a list of current employees they plan to retain under the new contract for the County’s review.
Care must be taken to ensure that existing operations are not damaged by the new Contractor employing
current operator staff before the contract is terminated.
9. ROAD SUPERVISOR
The Contractor shall ensure that at least one road supervisor is present at all times that revenue service
vehicles are in operation.
10. MINIMUM STAFFING REQUIREMENTS
In addition to the above staffing, the Contractor shall ensure that at a minimum the following employees
are in place:
A. One maintenance manager. This may be a working manager who also performs hands on
mechanical service
B. Two dispatchers whenever both fixed route and paratransit operations are in service;
C. One dispatcher at all other times. Under both conditions, these personnel will provide
telephone information to the general public and field “where’s my ride” calls.
D. One Operations Manager.
E. Three qualified mechanics.
F. One Safety/Training Manager
G. Two utility workers to be assigned to bus cleaning.
11. UNIFORM SET OF POLICIES AND PROCEDURES
VanGo Transit Operations Management RFP #13-01
APP – 13
The Contractor will be required to develop a full set of policies and procedures – including issues
designated by the County – for all staff involved in the program. These policies and procedures will be
subject to The County's review.
A. Establish and implement policies and procedures for all operations staff including drivers,
office staff, managers, and mechanics.
B. Establish and implement drug and alcohol testing procedures for the service program that are
fully compatible with local, State, and Federal Transit Administration regulations. The
successful bidder must submit a Substance Abuse Plan to the County which meets all
requirements of the Federal Transit Administration and must substantiate that the plan has
received FTA approval or otherwise meets FTA requirements.
12. PERSONNEL TRAINING/QUALIFICATIONS
The Contractor will be responsible for training all office staff and personnel who will carry out the
responsibilities of operating service vehicles. All vehicles must be operated by certified, qualified, and
appropriately licensed and trained drivers. All drivers must be certified and have appropriate
endorsements for all vehicles planned to be used in VanGO service.
The Contractor will develop a full driver, reservation/scheduler, and dispatch training program, using
generally accepted approaches used in the industry. The Contractor will be responsible for paying the
drivers for their time in training and ensuring that the drivers attend the training. The Contractor will be
responsible for (but not limited to) the following training:
A. Customer service & County expectations
B. Comprehensive public transit route detail for all routes
C. Defensive driving
D. Emergency procedures
E. System safety and security
F. First Aid and CPR
G. Passenger assistance methods (including proper operation of all lifts/mobility aid tie-downs)
H. On board training
I. The proper operation of the two-way radio system
J. Daily vehicle inspections
All drivers will be required to complete all training and one week of on-board training prior to
transporting passengers. All drivers must be able to speak, read, and write English clearly.
VanGo Transit Operations Management RFP #13-01
APP – 14
Drivers will not be permitted in revenue service until they have satisfactorily completed all required
training and have demonstrated their understanding of their responsibilities. A waiver of some or all of
the training requirements will be permitted for all current drivers who have been trained, as described
above, and in service for six consecutive months. The County strongly encourages the hiring of current
experienced drivers.
Although the Contractor is responsible for all training, the County will participate specifically in the
training regarding Customer Service & County expectations and specific route training, which is to
occur for all new hires as well as be included in the refresher training. The Contractor must coordinate
with the County regarding the scheduling and content of these trainings.
Refresher training will be required for all drivers on a bi-annual basis and on an as needed basis.
The Contractor will provide to the County certification by employee of any trainings completed,
including the initially required training. The County will ensure confidentiality of all records.
13. RESERVATIONS, SCHEDULING, & DISPATCHING The Contractor will be responsible for all reservation, scheduling, and dispatch functions, which are all
to be performed at the same location. This includes adhering to all ADA service criteria requirements
and VanGO service parameters. These functions will be accomplished with an automated industry
recognized automation system.
All calls must be answered in a timely manner, using enough personnel to ensure that passengers are not
put on hold on a regular basis.
The Contractor staff must be able to communicate effectively with all passengers in an accessible
format. A telecommunications device – or access to one – for the deaf (TDD) will be required.
Passenger pickup time (within the 30-minute pickup window for demand response, ADA, and medical
assistance services) will be confirmed while the passenger is on the telephone. The Contractor must
ensure that this process does not take an extended period of time. The Contractor must ensure that the
staff performing these functions have the knowledge and skills necessary to take reservations and
schedule trips.
Specialized Services clients will be called the day before their scheduled trips to remind them of their
trip and their pick-up time. The calls will be made after 2:00P.M. each day. Documentation will be kept
verifying what calls were made and the outcome. These logs will be provided to the County monthly,
along with data reports.
High productivity without compromising service quality is considered extremely important to the
County. To help achieve this, performance measures have been developed and are outlined in
subsequent pages of this document.
The Contractor will be required to plan driver and vehicle schedules to maximize performance and
productivity.
VanGo Transit Operations Management RFP #13-01
APP – 15
The Contractor must ensure that maximum trip grouping is achieved in order to realize the highest
possible operating efficiency. The County will work closely with the Contractor to develop strategies for
managing demand.
Dispatchers will manage the work of drivers while on the road. It will be the responsibility of the
Contractor to ensure this control. Quality dispatchers are critical to the success of this service.
Courtesy and quality service are of the utmost importance in this program. The Contractor must have in
place policies, supervision, and training programs to ensure this level of service quality.
14. OPERATING RECORDS
The Contractor shall be responsible for providing computers and software to meet all reporting,
scheduling and dispatching requirements. In the event that the MTA shall designate specific software
and hardware to be used for Locally Operated Transit Systems, the Contractor shall convert over to the
new system at their own expense and use the required hardware and software within 60 days of the
equipment being delivered/provided/made available to the Contractor.
Contractor shall maintain complete computerized operating records for the duration of this Agreement,
including, but not limited to, the following:
A. Telephone/dispatch logs showing the time the call was received, the name and address of the
passenger, and the promised and actual pick-up times.
B. A vehicle log showing vehicle pull-out and pull-in times, driver breaks, and total revenue
vehicle hours, deadhead hours, fuel usage, and revenue mileage and deadhead mileage for each
vehicle by day.
C. A daily computerized trip sheet for each driver filled out completely and correctly.
D. Complete records of passengers transported, hours and miles of service and fares collected,
by route, by day, by month, and by year for each service.
E. A complete record of all accidents and incidents involving a vehicle that is in service.
F. All other reports as may be required by the County, including any financial reports required to
comply with NTD reporting.
G. Vehicle cleaning records.
H. Drive cam-initiated records (weekly viewing by County staff; on-going log for the duration of
the contract).
All passenger trip records shall be available to the County for immediate inspection upon request.
The Contractor shall submit to the County on or before the 10th day of each month, a report showing the
number of revenue vehicle hours, revenue vehicle miles, on-time performance, passenger trips, no-
shows, cancellations, road calls, accidents, number of calls received, number of trip requests received,
VanGo Transit Operations Management RFP #13-01
APP – 16
daily and weekly driver sheets, trip denials, fares and tickets collected and books sold by route and
service, a report showing name, address, medical assistance number (if applicable) and telephone
number of passengers on demand response and medical assistance separated by service type.
15. FARE COLLECTION
Fare collection will be responsibility of the Contractor. All County fixed-rate buses are equipped with
GFI Genfare electronic fareboxes. Passengers are required to have a VanGO ticket, VanGO All Day
Pass, Agency Bucks, or the exact fare for each one-way trip. A fare will be required for all passengers
except those serving as attendants. Drivers do not make change. Special arrangements may be made for
Demand Response passengers.
Tickets and cash fares will be collected, counted, and secured by the Contractor and will be compared
with each daily driver log or manifest, as proof that each passenger had a ticket. The fares will be
retained by the Contractor, and will be offset against the Contractor's invoice for services each month. If
sufficient discrepancy exists between what should have been collected (based on passenger reports) and
what is reported, the County may offset the anticipated amount instead of the reported amount.
All Day Passes will also be collected and counted and will be compared with each daily driver log or
manifest to account for all passes. Any unused passes are to be returned to the County at the end of
each month and credit will be given for unused passes. Any passes not accounted for as returns or on
drivers’ sheets will be counted against the bill for that month, with the amount of missing passes being
deducted ($2 per pass).
The county will produce ticket books. Ticket books will be offered by vehicle drivers on a daily basis.
Any unused ticket books not returned to the County at the end of each month, less a predetermined
outstanding number presumed to be on vehicles for sale, will be deducted from the Contractor’s monthly
bill in an amount equal to the retail value of the ticket books.
16. FLEET MANAGEMENT - VEHICLES
The Contractor will supply and/or maintain all revenue vehicles, a radio system, and all on-board radios
for use in service. The Contractor will be required to provide a high-quality, local maintenance facility,
and program.
The Contractor will also be required to provide drive cam (or approved equal), GPS, MDT and AVL
equipment, route signage, brochure holders, and any other items not currently on vehicles that the
County determines necessary to adequately equip and identify the vehicles for service. Vehicles that are
used exclusively for specialized services may be exempt from some of these requirements; however,
those vehicles would then be excluded from operating any public transit routes if not appropriately
equipped.
The County owned fleet is included as Appendix E. Vehicles are leased to the Contractor for $1 per
year for each vehicle, to be deducted each July from the Contractor’s invoice
All vehicles used in service for fixed, deviated-fixed, and ADA specialized services must be lift-
equipped. Additionally, lift-equipped vehicles must be used to accommodate subscription services,
specialized services, and special event transportation as needed.
VanGo Transit Operations Management RFP #13-01
APP – 17
All vehicles are equipped for radio/dispatch communications on the County’s 800mhz system. The
County will coordinate with the Contractor to install such radio equipment as units are replaced.
The Contractor must provide a vehicle utilization plan. The plan must also address how the Contractor
handles breakdowns of in-service vehicles, including:
A. How the Contractor will address on-board passengers
B. The notification process for potential passengers that will be missed
C. Expectations for service continuance
The Contractor will be responsible for ensuring that all vehicles used in service are “branded”
appropriately: painted according to VanGO scheme and identified with appropriate logos. The
Contractor is also responsible for the purchase, repair, installation, replacement, and maintenance of
vehicle signage (identifying vehicles as VanGO service vehicles), fare boxes, brochure display holders,
and route identification for each service vehicle. The route identification must be present at all times on
the front and left side of the vehicle. When vehicles are equipped with route identifier rollers, the rollers
must include all possible routes and services and must be on the correct setting at all times.
Identification on vehicles must be limited to VanGO and State requirements; no contractor identification
may exist.
The Contractor will be responsible for any loss or damage to vehicles, vehicle signage, fare boxes, ad
frames, brochure display holders, and route signs.
17. MAINTENANCE
All maintenance must be performed in accordance with industry accepted procedures and the
manufacturers recommendations. Preventive maintenance efforts will be monitored by the County and
must adhere to the manufacturers requirements. Specific emphasis on safety is required. Maintenance is
the sole responsibility of the Contractor and will be performed by mechanics licensed under all
applicable state and local standards at a local facility in the service area. The Contractor will provide
monthly reports on each vehicle detailing at what mileage preventive maintenance is due for each
vehicle, the vehicle’s current mileage, and when preventive maintenance was last completed (date and
mileage). The Contractor will also provide the following fleet maintenance reports on a monthly basis
for all vehicles that includes:
A. Road call report
B. Vehicle cleaning reports
C. Repair orders
D. Vehicle repair records
E. Fleet inventory
F. Mileage reports
VanGo Transit Operations Management RFP #13-01
APP – 18
The Contractor will develop all forms and procedures to properly track maintenance and files for each
vehicle. At a minimum the file for each vehicle will include:
A. Vehicle identification number, license number, and funding source.
B. Vehicle maintenance and repair history, including description of maintenance and repair
performance, all work orders for each vehicle, vendor or facility doing the work, cost, date, and
mileage.
C. Vehicle equipment check log verifying that special equipment has been checked according to
the manufacturer's suggested schedule or semi-annually, whichever comes first.
D. Documentation that preventative maintenance was performed according to the schedule
established by the Contractor and approved by the County.
E. Vehicle maintenance requests submitted by drivers, including what action taken and when.
F. Vehicle pre-trip inspection log, signed by driver.
G. Fuel and fluid usage by month.
The Contractor must provide an adequate timeline for all repairs to ensure an acceptable supply of
vehicles is available to operate service.
In addition to adhering to regular preventive maintenance, the Contractor should have a plan for long-
term maintenance or replacement of vehicles as they age.
The Contractor should never miss a vehicle revenue run due to a maintenance problem.
Describe how you will accomplish these goals.
18. SAFETY, RISK MANAGEMENT, AND INSURANCE Safety and risk management functions are considered by the County to be essential to the system's
success. The Contractor will be responsible for oversight of risk management functions, including
training.
The Contractor shall be required to purchase and maintain, during the life of the contract, Worker's
Compensation, Comprehensive General Liability, Automobile Liability, Uninsured/ Underinsured
Motorist, Collision and Comprehensive and Medical Payments, Insurance with limits of not less than
those set forth below:
A. Comprehensive General Liability (including Contractual Liability and Independent
Contractors)
Bodily Injury Liability: Each Person $5,000,000
Bodily Injury Liability: Each Accident $15,000,000
Property Damage Liability: Each Accident $5,000,000
VanGo Transit Operations Management RFP #13-01
APP – 19
B. Automobile Liability
Bodily Injury Liability: Each Person $5,000,000
Bodily Injury Liability: Each Accident $15,000,000
Property Damage Liability: Each Accident $5,000,000
Property Damage Liability: Or Combined Single Limit $15,000,000
C. Uninsured/Underinsured Motorist $1,000,000
D. Collision and Comprehensive Kelly Bluebook value of fleet
E. Medical Payments Each Person $10,000
Failure to provide and continue in force such insurance as required above shall be deemed a material
breach of the contract and shall operate as an immediate termination thereof.
The successful bidder shall provide the County with Certificates of Insurance evidencing the coverage
required above. Such certificates shall name County Commissioners of Charles County (or other name
as directed by the County) as additional insured and shall provide that the County be given at least
ninety (90) days prior written notice of any cancellation of, intention to not renew, or material change in
such coverage. Successful bidder must provide Certificates of Insurance within thirty (30) days of
receipt of the Notice of Award. The providing of any insurance required herein does not relieve the
successful bidder of any of the responsibilities or obligations assumed by the bidder in the contract
awarded or for which the bidder may be liable by law or otherwise.
Accident and incident investigation is a critical component of successful risk management. The
Contractor will be required to develop the forms, and policies and procedures for accident investigation.
The Contractor will report all incidents and vehicle accidents to the County within three (3) hours of the
occurrence. Those situations where a person, as a result of an accident or incident, is hurt, and all
accidents involving significant damage to a vehicle must be reported to the designated County staff
person verbally, immediately after the occurrence. Accident reports will be completed correctly and
submitted to the County on the next working day with the preliminary results of the follow up
investigation.
Contractor staff responsible for accident investigations must be trained in and knowledgeable of post-
accident drug and alcohol testing requirements as required by DOT regulations.
In addition to its own reports to be submitted to the County, the Contractor will be required to submit
information pertaining to accidents and incidents on County forms as well as NTD forms.
19. SAFETY, SECURITY, & EMERGENCY PREPAREDNESS PLANNING
As noted in the Regulatory Requirements section of this RFP, the Contractor is required to work with
the county to prepare, maintain, and update a Threat & Vulnerability Assessment and a Safety, Security,
& Emergency Preparedness Plan, as well as participate in county-wide emergency preparedness as
appropriate. Detail how you will accomplish this.
20. OTHER OPERATIONAL REQUIREMENTS - UNIFORMS
Drivers shall be neat in appearance and be in uniform at all times while in service or otherwise on duty.
Driver uniforms shall be provided by the Contractor. The uniform will be determined by the county and
will include shirt, pants and hat (hat is optional for employee). The uniform consists of a red polo shirt
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APP – 20
(or other shirt upon approval of the County) and black pants with an optional VanGO hat. Only VanGO
hats are allowed. During winter, a red sweatshirt with the VanGO logo or black jacket with the VanGO
logo and a black knit hat with the VanGO logo is permitted.
All shirts are required to have the VanGO logo embroidered on the left breast; all hats are required to
have the VanGO logo embroidered on the front center. The design must be approved by the County in
advance. No jeans are allowed. Drivers shall be required to maintain a neat and clean appearance at all
times while on duty. Permanent name tags will be worn by drivers at all times and will be provided by
the Contractor.
The uniform standard is subject to change at the County’s discretion and the Contractor will be required
to comply. Additionally, the County may grant individual variances to the uniform code to address
religious or other issues. Any variance, however, must be pre-approved by the County.
The Contractor should keep a supply of uniforms in various sizes in stock at all times so that all
employees, including new drivers, will be in the required uniform at all times.
21. COURTESY
All staff must be courteous, professional, and friendly at all times. Management must fully understand
the need for quality and friendly service.
All drivers will be required to greet all passengers by saying “hello” or “hi” as they board the vehicles.
A more detailed pleasant greeting may be extended if the driver so desires but at a minimum the
passenger must be greeted with the above.
22. ADVERTISING ON VEHICLES
The County has a separate contract for advertising on the vehicles. The Contractor is to work with the
advertising contractor as directed by the County to ensure timely placement or removal of
advertisements on the vehicles.
23. COORDINATION WITH THE COUNTY
The Contractor will be required to procure its own office and maintenance facilities and to provide
suitable workspace for county staff – including at least one desk, chair, phone and active extension – at
the office location.
The Site Manager and County staff will meet at least weekly to review operational issues and discuss
service planning.
The Contract will conduct periodic meetings that include Contractor staff (managers, drivers,
dispatchers) and the County in order to facilitate discussion of service requirements.
24. SYSTEM PLANNING
Although the County is responsible for the planning and administration of the transportation program,
the Contractor is required to assist in the development and timing of new routes or revisions to existing
services, as directed/requested by the County.
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25. PERFORMANCE STANDARDS
The County will institute a number of penalties and incentives based on system performance standards.
The performance standards are listed below. Please note that penalties may be lifted during times of
extreme weather conditions that may inhibit the ability to perform up to standard.
Incentives and penalties will be implemented effective immediately, but are subject to review and
negotiation after the sixth month of the contract, based on performance at that time and the expectations
for improvement. Performance standards below may be adjusted. The measures will be adjusted when
necessary by the County with the agreement of the Contractor.
26. SYSTEM PERFORMANCE STANDARDS: BONUSES & PENALTIES
A. Valid complaints and violations combined should not exceed one per quarter.
Valid complaints (regarding any aspect of the service) will be verified and determined by the
County staff designated for that role. This will be calculated on a monthly basis. The County will
make the final determination as to the validity of complaints. The Contractor will have the
opportunity to respond to such complaints before the implementation of fines. However, the final
determination shall rest with the County.
Bonus: No complaints for the month will result in a $500 bonus for the Contractor.
Penalty: There will be a penalty of $50 each for the first two complaints received per
quarter. Each additional penalty will be $200 each.
Complaints regarding office staff or drivers being rude to customers will result in stiffer
penalties of $300 per complaint. Such complaints are separate from the other complaints
listed above.
B. Incidents where the Contractor does not comply with the terms of the contract, or does not
comply or adhere to requests from the County regarding any aspect of service, and which do not
fall into other penalty categories described herein, will result in penalties as outlined below.
Penalty: Minor Infractions (route signs missing from buses, driver out of uniform, driver
not checking passes, inaccurate reporting, etc.) will result in a $200 penalty per
occurrence.
Major Infractions (using the wrong sized vehicle for a route, combining routes,
wheelchair lift not operating, intentionally inaccurate reporting, etc.) will result in a $400
penalty per occurrence.
The County will determine what constitutes minor and major infractions and will apply
penalties accordingly.
C. Telephone hold time will not exceed two minutes.
The Contractor will be encouraged to take a proactive approach to recommending that
passengers call during certain times to reduce the peak call demands.
D. No preventable accidents will occur.
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APP – 22
Penalty: The Contractor will be required to pay any additional costs to vehicle insurance
premiums that result from poor performance. This additional cost will not be reimbursed
by the County.
E. All accidents will be reported timely, in accordance with the specification of this document.
Penalty: $200 per incident
F. All vehicles will receive preventative maintenance and cleaning within the required time
frames. This includes ensuring that the vehicles stay clean and are free of dents, rust or other
defects. The Contractor will have vehicles cleaned on the outside on a weekly schedule. Vehicles
will be cleaned inside on a daily basis as part of driver responsibilities and will include picking
up all trash, emptying trash cans, and washing windows. A more detailed cleaning inside the
buses will occur at least once a week (wiping seats clean, mopping floors, cleaning trash cans,
cleaning windows again, etc.).
Penalty: If a vehicle does not receive its scheduled preventative maintenance within 500
miles of its scheduled mileage, a $200 fine will be assessed. Another $200 will be
assessed for each 500 miles beyond the initial 500 miles.
G. All vehicles must be cleaned according to the established schedule
Penalty: $200 per vehicle at the date missed;
$200 for each week beyond the scheduled cleaning.
H. Road calls will not exceed one call per month. In the event that a vehicle is disabled, all
passengers on board will be picked up by another vehicle(s) within 30 minutes. This time period
may be lowered in the event of extreme weather.
Penalty: $200 for the second road call each month;
$500 for each instance when passengers are not accommodated within 30 minutes.
I. Vehicles will be on time 95 percent of the time. On time is defined as picking up the passenger
within the 30-minute window and the passenger arriving at their destination prior to
appointment/arrival time for demand response and medical assistance. For deviated fixed
services, on-time will be defined as being at a designated stop at the predetermined time for
deviated fixed routes, or no later than 10 minutes after the predetermined time printed on the
schedule. Demand- Response and deviated fixed services will be evaluated separately.
Penalty: The Contractor will be assessed a penalty of $100 for each percentage point
below 95 percent on time. The penalty will be assessed as soon as on time performance
drops below 95 percent. For example, 94-94.9 percent on-time performance will result in
a penalty of $100. This will be determined on a monthly basis.
A penalty of $10 will be assessed for each time an entry on a driver manifest is not
completed by the driver at the time of pickup or drop off.
J. There will be no missed trips for public transit or specialized services. Arriving 10 minutes or
more after the designated stop time for deviated-fixed or arriving outside the 30-minute window
for demand response will be considered missed stops. Each identified stop on a public transit
timetable is a public transit stop, regardless of whether passengers are present.
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APP – 23
Penalty: Missed trips will result in a $50 penalty for the first four missed trips in a one
month period. More than four verified missed trips in a one month period will result in a
$200 penalty per additional missed trip.
K. Required reports will be received by the County within ten (10) days of month’s end.
Penalty: $100 per day beginning on day 11 through day 14
$250 per day beginning on day 15.
L. The Contractor will not hire staff the County has deemed unacceptable.
Penalty: Should the Contractor hire a General Manager unacceptable to the County when
the County has made known to the Contractor their dissatisfaction with such person, a
daily fine of $100 will be imposed until the employee is removed.
Additionally, staff in any position that the County determines unacceptable must be
removed from VanGO operations within 10 days. After 10 days, a $500 fine will be
imposed each day that employee works in VanGO service.
The County – in its sole discretion – may waive any penalty if the County determines it may be
appropriate to do so.
27. IMPLEMENTATION PLAN
Critical to the success of VanGO services is a smooth transition that minimizes the negative impact on
passenger services. Without an effective well planned transition, the service could deteriorate prior to
implementation. Therefore, we expect your response to this section to be in great detail, sharing with us
how your firm typically addresses transition/implementation issues and defuses potentially explosive
problems. The bidder will:
The plan is to include all of the tasks necessary to successfully assume the project and a detailed time
line of when critical details will be concluded. This plan should include each detailed step, when it will
be implemented and by whom. Particular detail should be given to hiring staff, setting up the reservation
and scheduling system, and training staff. The following will be specifically required:
A. Describe in detail your staffing plan during the transition and up through the implementation.
To be included in this, detail the types and numbers of staff that will participate and when they
will be phased into the project. Supply organizational charts.
B. Provide resumes and descriptions of the Site Manager candidates. The County needs to be
assured that the persons proposed for this project are the persons that actually intend to take the
job.
28. COUNTY RESPONSIBILITIES
A. System Policy & Planning: The County is responsible for the planning and administration of
the transportation program, including but not limited to fiscal and budget matters. The County is
also responsible for verifying client eligibility and maintaining the client database files, where
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APP – 24
applicable. The County's Program Administrator will provide direction to the Contractor's site
manager as needed to ensure the delivery of high quality service to consumers. The Department
of Community Services will develop policies and procedures and monitor the performance of the
Contractor.
B. Marketing/Public Information: The County will design and implement all marketing and
public information programs and materials associated with VanGO services. The Contractor will
be required to distribute service information.
C. Monitoring: The County will monitor compliance with the Agreement and with adopted
performance standards by means of vehicle and site inspections, review of logs and other
records, investigation of complaints, and by field observations. Contractor shall cooperate with
the County in any such monitoring activities. The County will verify the accuracy of invoices
and make corrections as necessary.
D. Customer Service: The County will be the only source for accepting passenger complaints.
The Contractor will refer all persons filing complaints and compliments to the County.
*****THIS SPACE INTENTIONALLY LEFT BLANK*****
***** END OF APPENDIX B *****
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APP – 25
APPENDIX C
Regulatory Requirements
The Contractor must follow all Federal and State requirements for operators of public transit systems
that utilize Federal and State funds.
During the performance of this contract, the Contractor, for itself its assignees and successors in interest
(hereinafter referred to as the "Contractor"), agrees as follows:
1. INFORMATION & REPORTS
The Contractor shall provide all information and reports required by the Regulations or Directives issued
pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the County, Maryland Transit Administration, or the Federal
Transit Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information is required or a Contractor is in the exclusive possession of another
who fails or refuses to furnish this information, the Contractor shall so certify to the recipient, or the
Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the
information.
2. SANCTIONS FOR NONCOMPLIANCE
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract,
the County shall impose such contract sanctions as it, the Maryland Transit Administration, or the
Federal Transit Administration may determine to be appropriate, including but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or,
b. Cancellation, termination or suspension of the contract, in whole or in part.
3. INCORPORATION OF PROVISIONS
The Contractor shall include all applicable provisions of these Regulations in every subcontract,
including procurement of the materials and leases of equipment, unless exempt by the Regulations or
Directives issued pursuant thereto. The Contractor shall include such action with respect to any
subcontract or procurement as the County or the Federal Transit Administration may direct as a means
of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or supplier as a result of such direction, the Contractor may request the recipient to
enter into such litigation to protect the interests of the recipient, and in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the United States.
4. PUBLIC SERVICE COMMISSION
Effective July 1, 2011, locally operated public transit systems are exempted from Public Service
Commission regulation. Compliance is achieved through County oversight of operations and
management.
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APP – 26
5. TITLE VI COMPLIANCE
The Contractor shall comply with all Federal, State statutes, regulations, executive orders and
administrative requirements contained in Title VI of the Civil Rights Acts of 1964 which relate to grants
received from the Mass Transportation Administration and Federal Transit Administration.
6. COMAR COMPLIANCE
The bidder must meet the State of Maryland COMAR regulations Title 10.09 requirements as related to
Medical Assistance Transportation Services.
7. COMPLIANCE WITH DOT REGULATIONS
The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
8. 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, the Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
B. Equal Employment Opportunity: The following equal employment opportunity requirements
apply to the underlying contract:
(1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332,
the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of
the Project. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
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APP – 27
(2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(4) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
C. Disadvantaged Business Enterprise (MBE)
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. The agency’s overall goal for DBE participation is 25%. A separate contract goal
2.39% has been established for this procurement.
The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor
to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the County deems appropriate. Each
subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through
race-neutral means quarterly, throughout the period of the contract.
The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor’s receipt of
payment for that work from the County . In addition, the contractor may not hold retainage from
Its subcontractors.
The contractor must promptly notify the County, whenever a DBE subcontractor performing
work related to this contract is terminated or fails to complete its work, and must make good
faith efforts to engage another DBE subcontractor to perform at least the same amount of work.
The contractor may not terminate any DBE subcontractor and perform that work through its own
forces or those of an affiliate without prior written consent of the County.
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APP – 28
9. ENERGY CONSERVATION
The Contractor shall recognize mandatory standards and policies relating to energy efficiency which are
contained in the Maryland energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 USC Section 6321 et. seq).
10. CLEAN WATER
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report
each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
11. CLEAN AIR
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation
to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also
agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in
part with Federal assistance provided by FTA.
12. RECYCLED PRODUCTS/RECOVERED MATERIALS
The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation
and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the
items designated in Subpart B of 40 CFR Part 247.
13. LABOR PROVISIONS – NON-CONSTRUCTION CONTRACTS
A. Overtime Requirements
No Contractor or subcontractor contracting for any part of this contract work, which may require
or involve the employment of laborers or mechanics in any work week in which he or she is
employed on such work, to work in excess of forty hours in such work week, unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such work week.
B. Violation: Liability for Unpaid Wages, Liquidation Damages
In the event of any violation of the Labor Provisions, the Contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States 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 subparagraph (B) (1) of 29
CFR Sec. 5.5 in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of eight hours or in excess of the standard work week of forty hours
without payment of the overtime wages required.
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APP – 29
C. Withholding for Unpaid Wages and Liquidated Damages
Department of Transportation or the recipient 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 monies 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 these Regulations.
D. Non-Construction Grants
The Contractor or subcontractor shall maintain pay payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of the
contract for all laborers and mechanics, including guards and watchmen, working on the
contract. Such records shall contain the name and address of each such employee, Social
Security number, correct classifications, hourly rates of wages paid, daily and weekly number of
hours worked, deductions made and actual wages paid. Further, the recipient shall require the
contracting officer to insert in any such contract a clause providing that the records to be
maintained under this paragraph shall be made available by the Contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of Department of
Transportation and the Department of Labor, and the contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
14. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
A. Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act
applies to grantee contracts and subcontracts “financed at least in part by loans or grants from …
the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR
18.36(i)(6). Although the original Act required its application in any construction contract over
$2,000 or non-construction contract to which the Act applied over $2,500 (and language to that
effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an
amount that is not greater than $100,000.” 40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-construction
projects that employ “laborers or mechanics on a public work.” These non-construction
applications do not generally apply to transit procurements because transit procurements (to
include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12).
A grantee that contemplates entering into a contract to procure a developmental or unique item
should consult counsel to determine if the Act applies to that procurement and that additional
language required by 29 CFR 5.5(c) must be added to the basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model
clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied.
B. Clause Language: Contract Work Hours and Safety Standards
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APP – 30
(1) 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 hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) 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 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 (1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) 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 (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) 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 (1) through (4) of this section.
15. AMERICANS WITH DISABILITIES ACT (ADA)
Contractor shall comply with all applicable Americans With Disabilities Act (ADA) regulations for
services provided under this Contract.
16. FEDERAL TRANSIT ADMINISTRATION SUBSTANCE ABUSE REGULATIONS (Drug and Alcohol Testing)The contractor agrees to establish and implement a drug and alcohol testing
program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized representative of the United
States Department of Transportation or its operating administrations, the State Oversight Agency of
Maryland, or the Charles County Government , to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654
and review the testing process. The contractor agrees further to certify annually its compliance with
Parts 653 and 654 before February 15 and to submit the Management Information System (MIS) reports
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APP – 31
before March 10, and quarterly reports by the 30th
day following the end of each quarter, to Charles
County Government. To certify compliance the 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.
17. AUDITS
As required by the County, the records, books, documents, and accounting procedures and practices of
the Contractor and of any subcontractor relating to work performed pursuant to this Agreement shall be
subject to audit and examination by the County and Federal or State auditors. The Contractor and any
subcontractor shall permit the County or its designee to inspect, copy and audit its accounts, records, and
business documents at any time during regular business hours, as they may relate to the performance
under this Agreement.
18. CHARTER SERVICE OPERATIONS
The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that
recipients and sub-recipients 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 604.9. Any charter service provided
under one of the exceptions must be “incidental,” i.e., it must not interfere with or detract from the
provision of mass transportation.
19. SCHOOL BUS OPERATIONS
Pursuant to 69 U.S.C. 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.
20. 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 of employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with
non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such
disclosures are forwarded from tier to tier up to the recipient.
21. ACCESS TO RECORDS
Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the
Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17, to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor’s records and
VanGo Transit Operations Management RFP #13-01
APP – 32
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.
Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 CFR
19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the
United States or any of their duly authorized representatives with access to any books, documents,
papers and record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
The Contractor agrees to maintain all books, records, accounts and reports required under this contract
for a period of not less than three years after the date of terminations 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 the Purchaser, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
22. FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between Purchaser and FTA , as they may be amended or promulgated from time to time during the
term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
23. NO OBLIGATION BY THE FEDERAL GOVERNMENT
The 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 the Purchaser, Contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.
24. PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,
the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
VanGo Transit Operations Management RFP #13-01
APP – 33
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with
a project that is financed in whole or in part with Federal assistance originally awarded by FTA under
the authority of 49 U.S.C. §5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extend the Federal Government deems
appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
25. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY &
VOLUNTARY EXCLUSION
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 Charles County
Government. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to Charles County Government, 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.
26. CONTRACTS INVOLVING FEDERAL PRIVACY ACT REQUIREMENTS
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.
The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §552a.
Among other things, the Contractor agrees to obtain the express consent of the Federal Government
before the Contractor or its employees operate a system of records on behalf of the Federal Government.
The Contractor understands that the requirements of the Privacy Act, including the civil and criminal
penalties for violation of that Act, apply to those individuals involved, and that failure to comply with
the terms of the Privacy Act may result in termination of the underlying contract.
The Contractor also agrees to include these requirements in each subcontract to administer any system
of records on behalf of the Federal Government financed in whole or in part with Federal assistance
provided by the FTA.
VanGo Transit Operations Management RFP #13-01
APP – 34
26. TRANSIT EMPLOYEE PROTECTIVE PROVISIONS
The Contractor agrees to comply with applicable transit employee protective requirements as detailed
below. The 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.
A. General Transit Employee Protective Requirements
To the extent that FTA determines that transit operations are involved, the 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. §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. The Contractor agrees to carry out that
work in compliance with the conditions stated in that U.S. DOL letter. The requirements of 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 non-urbanized areas authorized by 49 U.S.C. §5311.
Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause.
B. 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, the 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 Grant Agreement or Cooperative Agreement
with the state. The Contractor agrees to perform transit operations in connection with the
underlying contract in compliance with the conditions stated in that U.S. DOL letter.
C. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §5311 in
Non-urbanized Areas
If the contract involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. §5311, the 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 the U.S.
DOL or any revision thereto.
27. Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set for in FTA Circular 4220.1E are hereby incorporated by reference. Anything to
VanGo Transit Operations Management RFP #13-01
APP – 35
the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any act,
fail to perform any act, or refuse to comply with any Charles County requests which would cause
Charles County to be in violation of the FTA terms and conditions.
28. Safety, Security, & Emergency Preparedness
Within the first three months of operation, the Contractor is required to work with the County to
complete a Threat & Vulnerability Assessment of operations and facilities and to assist in the
development of a Safety, Security, and Emergency Preparedness Plan – including Transit Operating
Policies and Procures, with relevant protocols as follows:
A. Bus Accident/Incident Involving Injuries and/or Fatalities
B. Bus Fires With or Without Injuries
C. Contractor Accident/Incident Involving Injures and/or Fatalities
D. Fuel Explosion on or Near Transit Property
E. Dangerous Person(s) on Transit Property
F. Dangerous Person(s) on Transit Vehicle
G. Shooter or Hostage Situation on Vehicle
H. Possible Suspicious Item on Vehicle
I. Possible Suspicious Item In or Near Transit Facility
J. Community Evacuation (as ordered by Emergency Management/First Responders)
K. System Shutdown
Following the adoption of the initial Safety, Security, and Emergency Preparedness Plan, the Contractor
will be required to meet with the County monthly to review and update the Plan and to participate in the
any county-wide Safety, Security, and Emergency Preparedness Plan as appropriate.
Until the completion of the Threat & Vulnerability Assessment; Safety, Security, & Emergency
Preparedness Plan; and Transit Operating Policies and Procures, the Contractor will be required to
comply with the existing documents prepared by the County and its current Contractor.
***** END OF APPENDIX C *****
VanGo Transit Operations Management RFP #13-01
APP – 36
APPENDIX D
Offeror Qualifications & Required Proposal Content
The County intends to award this contract on the basis of a combination of the evaluation of both
offerors’ experience and qualifications, as well as the fees proposed. Award will not be based upon cost
alone. The evaluation criteria will include: the offeror’s demonstration of their understanding of the
work to be performed, past experience, technical ability, financial and other resources, qualifications of
personnel, results of reference checks, and record of similar work performed satisfactorily.
This section provides requirements of the proposal format in order to demonstrate the offeror’s ability to
perform the required services by reason of experience, strength, and stability of the organization, credit
and customer references, and insurability for this work. This offeror must include detailed information in
the proposal regarding the proposer’s organizational structure, financial status, experience references
and other factors relating to the proposer's ability to manage this project.
1. OFFEROR ORGANIZATIONAL STRUCTURE
Provide a brief description of your firm (and any subcontractors) stating:
A. Name of firm, business address, telephone number, names of corporate officers, the contact
person for this project and title, person(s) with the authority to sign a legally binding contract,
and legal status of the organization (profit, non profit, etc.)
B. The major functions of the firm.
C. The firm history including the number of years the firm has been in existence and in transit
related work.
D. The organizational structure of the firm, and the location of satellite offices.
E. Number of personnel by discipline.
F. Legal representation.
2. BIDDER FINANCIAL STATUS
The purpose of this section is to establish the proposer’s financial ability to satisfactorily perform the
required work. The offeror shall include evidence of financial responsibility and the ability to perform
the contract to the County’s satisfaction. The contractor resulting from this solicitation may also be
required to submit additional evidence, as required, throughout the term of the contract, as determined
by the County. The offeror shall respond to the following for the prime and each subcontractor:
A. Provide financial statements to include the last year end income statement and balance sheet.
This should include an independently audited statement of income and retained earnings
statement of cash flow and any other documents that will attest to the financial stability of the
firm. This information will be kept strictly confidential.
VanGo Transit Operations Management RFP #13-01
APP – 37
B. Evidence of insurability, which can include a copy of a current policy, or letter of insurability
from a broker attesting to the firm's insurability for the limits detailed in the scope of work.
Please also provide your firm's vehicular loss record for the past five years for all of your
properties.
C. Names, addresses, titles and telephone numbers of at least three credit references, including
the offeror’s principal bank.
3. REQUIRED PLANS AND OTHER INFORMATION
The APPENDICES contain requirements for discussion of operational & administrative issues in the
offeror’s proposal. Offerors should read APPENDICES A, B, C, D, & E closely to ensure they are
aware of and comply with all proposal requirements, include all required discussion, and that their
proposal is fully compliant and contains and is based upon accurate information.
In addition, the scope of work details the start-up and on-going tasks required of the Contractor.
Offerors must include detailed discussion in their proposals, explaining how they will address each
paragraph and item below.
A. GFI Genfare Fareboxes
All fixed route buses are equipped with GFI Genfare fareboxes that the Contractor will be
required to maintain. Contractor shall have demonstrated experience maintaining such
equipment or have provided training to key maintenance personnel prior to start of the contract.
Training is available from GFI at their Chicago, IL location.
B. On Board GPS Equipment
Contractor shall install GPS equipment on all County owned vehicles for purposes of automated
timepoint reporting and automated on time performance reporting summary. Real time data shall
be available to County staff for purposes of monitoring. System shall be on line within 60 days
of contract start.
C. Para-transit Intake and Scheduling
Pricing proposals should assume that the Contractor will handle para-transit intake calls and will
batch schedule rides to create the most efficient routes. At some point during the contract period,
the County is considering bringing this function in house, which would reduce the Contractor’s
expenses. It is expected that the contract would be open for renegotiation should these events
take place.
D. Paratransit Management and Dispatching Software
Contractor shall provide Trapeze or approved equal software for the management and
dispatching of paratransit services. In addition, Contractor shall make access to this system
available for three (3) County users for purposes of monitoring.
E. Fuel – Diesel/Gasoline
The County may at some point during this contract choose to provide the Contractor with fuel for
revenue service vehicles. Offerors will provide two price proposals, one that includes all costs,
including fuel and another that assumes the County will provide revenue vehicle fuels.
VanGo Transit Operations Management RFP #13-01
APP – 38
F. Mobile Data Terminals (MDT)/Automatic Vehicle Locators (AVL)
Contractor shall install MDT and AVL equipment on all paratransit vehicles. Equipment shall
be compatible with Contractor’s paratransit scheduling and dispatching software and shall be
accessible to authorized County staff. System shall be on line within 60 days of contract start.
G. On Board Camera System
Contractor shall install Drive Cam or approved equal camera systems on all County owned
vehicles. Cameras shall provide exterior and interior views, sound and be impact and/or driver
activated. Camera system shall be operational within 60 days of contract start.
H. Collective Bargaining Agreement
Contractor shall honor the existing Collective Bargaining Agreement with the International
Brotherhood of Teamsters Local 639 and shall negotiate in good faith at the conclusion of each
contract period (currently every three years, expiring on June 30, 2012).
I. Display Advertising
The County has entered into an agreement with an advertising agency that sells display
advertisement on County owned buses. The primary focus of this effort has been “wraps”,
which they have been very successful at marketing. Contractor shall be responsible for
coordinating the installation and removal of signs and wraps with the advertising agency. It has
been found that the most practical times have been late in the evening or Sundays when no
service is operated. Further, Contractor shall be responsible for repairing damage to advertising
wraps or signs as the result of accidents or other responsible incidents.
J. Computed Value of Vehicle Fleet for Insurance Purposes
The offeror will submit their estimate of the total value of the County’s vehicle fleet, listing the
value for each individual vehicle, based upon Kelly Bluebook values.
4. OFFEROR EXPERIENCE
This section will establish your firm's credibility in successfully managing this project. Please detail
your experience as an operator of rural and urban deviated-fixed route services, demand responsive, and
medical assistance services. The proposer will respond to each of the following for the prime and any
subcontractors. Provide description of related experience, including:
A. The type of work performed, with ridership numbers, productivity measures, types of
vehicles, service area size, vehicle maintenance responsibilities and number of service hours.
B. When the work was performed and any problems associated with the service, and if the
contract was not renewed, why?
C. For all of your firm's transit experience was there ever a contract or service terminated prior to
the initially agreed upon date, if so, why?
D. Discuss experience managing an organized labor force and labor action at contracts. Response
should include corrective action taken and the bidders capability to maintain operations in the
event of threatened or actual labor action.
VanGo Transit Operations Management RFP #13-01
APP – 39
E. Name and address of each client over the past five years, contact name, and telephone
number. Indicate whether current or past client.
F. Include resumes of key personnel of the firm.
G. Describe how your firm will accomplish the reservations, scheduling, and dispatch functions,
in accordance with the requirements contained in Section 13, RESERVATIONS,
SCHEDULING, & DISPATCHING, of APPENDIX A, SCOPE OF WORK.
4. OTHER FACTORS RELATING TO QUALIFICATIONS
In this section, please describe any other reasons why your firm should be selected.
A. Address your firm's success in improving productivity while maintaining quality.
B. Innovation is important, please describe any innovative approaches used by your firm.
C. Other reasons to select your firm.
5. FUEL – DIESEL/GASOLINE
The County may at some point during this contract choose to provide the Contractor with fuel for
revenue service vehicles. Offerors will provide two cost proposals, one that includes all costs, including
fuel and another that assumes the County will provide revenue vehicle fuels.
**** END OF APPENDIX D *****
VanGo Transit Operations Management RFP #13-01
APP – 40
APPENDIX E Fleet Vehicle List
Fleet Number
Vehicle Identification Number (VIN)
Model Year
Make Vehicle Type
Lift / Ramp
Seating Capacity
Comm Equip
Status Mileage As Of
3/31/12
Average Annual Mileage
Ambu-
latory
Wheel-
chair
CS40 1FDWE35L66DB42463 2007 Ford Med Y 12 2 Radio Active 173,797 34,759
CS41 1FDWE35L86DB42464 2007 Ford Med Y 12 2 Radio Active 185,711 37,142
CS42 1FDWE35L46DB42462 2007 Ford Med Y 12 2 Radio Active 185,928 37,186
CS43 1FDWE35L76DB42486 2007 Ford Med Y 12 2 Radio Active 208,996 41,799
CS44 1FDWE35L26DB42461 2007 Ford Med Y 12 2 Radio Active 213,467 42,693
CS45 1FDWE35LX6DB42465 2007 Ford Med Y 12 2 Radio Active 195,211 39,042
CS46 1FDXE45SX6DB00511 2007 Ford Med Y 12 2 Radio Active 197,494 39,499
CS48 1FDXE45S87DB07930 2007 Ford Med Y 15 2 Radio Active 323,152 64,630
CS49 1FDXE45S87DB07944 2007 Ford Med Y 10 4 Radio Active 243,892 48,778
CS51 1FDXE45S37DB07947 2007 Ford Med Y 15 2 Radio Active 346,335 69,267
CS52 1FDXE45S17DB07929 2007 Ford Med Y 15 2 Radio Active 330,019 66,004
CS53 1FDXE45SX7DB07945 2007 Ford Med Y 15 2 Radio Active 308,067 61,613
CS54 2G1WB55K189172835 2007 Chevy Sedan N 4 0 Radio Active 93,097 18,619
CS55 2G1WB55K889171374 2007 Chevy Sedan N 4 0 Radio Active 89,358 17,872
CS56 2G1WB55K589174801 2007 Chevy Sedan N 4 0 Radio Active 82,926 16,585
CS57 2G1WB55K889171794 2007 Chevy Sedan N 4 0 Radio Active 79,433 15,887
CS58 2G1WB55K089173071 2007 Chevy Sedan N 4 0 Radio Active 75,371 15,074
CS59 2G1WB55K589175656 2007 Chevy Sedan N 4 0 Radio Active 71,752 14,350
CS60 2G1WB55K789175142 2007 Chevy Sedan N 4 0 Radio Active 79,833 15,967
CS61 2G1WB55K889175392 2007 Chevy Sedan N 4 0 Radio Active 73,386 14,677
CS64 1FDXE45S67DB11281 2007 Ford Med Y 15 2 Radio Active 354,124 70,825
CS65 1FD4E45S98DA08764 2008 Ford Med Y 10 4 Radio Active 309,566 77,392
CS66 5B4LP152773423195 2009 Workhorse Med Y 22 2 Radio Active 56,663 18,888
CS67 5BLP152573423194 2009 Workhorse Med Y 22 2 Radio Active 52,119 17,373
CS68 1HVBTSKM9BH279913 2011 Intrnatl Med Y 22 2 Radio Active 128,767 64,384
CS69 1HVBTSKMOBH279914 2011 Intrnatl Med Y 22 2 Radio Active 84,857 42,429
CS70 1HVBTSKM2BH279915 2011 Intrnatl Med Y 22 2 Radio Active 136,534 68,267
CS71 1HVBTSKM4BH279916 2011 Intrnatl Med Y 22 2 Radio Active 133,710 66,855
CS72 1HVBTSKM6BH279917 2011 Intrnatl Med Y 22 2 Radio Active 110,639 55,320
CS73 1HVBTSKM8BH279918 2011 Intrnatl Med Y 22 2 Radio Active 116,740 58,370
CS74 1HVBTSKM54H279907 2010 Intrnatl Med Y 22 2 Radio Active 65,472 43,648
CS75 1HVBTSKMXAH255568 2010 Intrnatl Med Y 22 2 Radio Active 70,601 47,067
CS76 1HVBTSKM3AH279906 2010 Intrnatl Med Y 22 2 Radio Active 59,462 39,641
CS77 1HVBTSKM7AH279908 2010 Intrnatl Med Y 22 2 Radio Active 77,286 51,524
CS78 1HVBTSKM7AH255561 2010 Intrnatl Med Y 22 2 Radio Active 75,042 50,028
CS79 1HVBTSKM7AH255561 2010 Intrnatl Med Y 22 2 Radio Active 81,916 54,611
CS80 4DRASSKMXBH332232 2010 Intrnatl Med Y 22 2 Radio Active 84,810 56,540
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