VANGO TRANSIT OPERATIONS MANAGEMENT RFP #13-01 · VanGo Transit Operations Management RFP #13-01 I - 3 Jeffry Barnett , Chief of Transportation Charles County Government Department

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


VanGo Transit Operations Management RFP #13-01

I - 2


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:


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Jeffry Barnett , Chief of Transportation

Charles County Government Department of Community Services

Fax: 301-934-0107

[email protected]

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.

mailto:[email protected]

http://www.charlescounty.org/


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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.


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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.


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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


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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 $ $ $ $ $ $ $


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


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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.


Bid #A4

Subscription Services 6,000 Hrs $ $ $ $ $ $ $


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


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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


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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.


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.


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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


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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 _______

═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═



and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES

________________________________________________________________________________

* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______

═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═



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.


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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: _________________________


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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


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: _________________________


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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


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.



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



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.



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.



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,



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.



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.



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



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.



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.



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.



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.



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



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


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


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.


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


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


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


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


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.


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.




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.


APP – 8




ADA 318 3,903 301

Note: All mileage and service hour values reflected above include non billable deadhead.

***** END OF APPENDIX A *****


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


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.


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


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


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.


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.


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,


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.


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


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


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


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.


APP – 21

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.


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.


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


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 *****


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.


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.


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.


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.


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


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


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


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


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.


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


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 *****


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.


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.


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.


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 *****


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





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




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









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





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




CS80 4DRASSKMXBH332232 2010 Intrnatl Med Y 22 2 Radio Active 84,810 56,540

Documents

VANGO TRANSIT OPERATIONS MANAGEMENT RFP #13-01 · VanGo Transit Operations Management RFP #13-01 I - 3 Jeffry Barnett , Chief of Transportation Charles County Government Department