Advertisement Synopsis

Professional Services
April 15, 2005

STATE PROJECT NO. 741-99-0160
FEDERAL AID PROJECT NOs. LA-18-X020-X022, and LA-80-X010-X011
STATEWIDE TECHNICAL ASSISTANCE FOR TRANSIT (STAT)
STATEWIDE

State Of Louisiana
Department of Transportation and Development

Request For Proposals
for
State Project No. 741-99-0160
F.T.A. Nos. LA-18-X020-X022 & LA-80-X010-X011
Statewide Technical Assistance for Transit (STAT)
Statewide

April 15, 2005

TABLE OF CONTENTS

SECTION TITLE
SECTION
PAGE(S)
General Information
Section 1.0
3
Administrative Information
Section 2.0
3-5
Proposal Information
Section 3.0
5-7
Response Instructions
Section 4.0
7-8
Evaluation and Selection
Section 5.0
8-9
Consultant Requirements
Section 6.0
9-11
Scope of Services
Attachment I
12-14
CRRAFT SOFTWARE
Attachment II
15
Proposal Information
Attachment III
16-18
Certification Statement
Attachment IV
19
Consulting Services Contract
Attachment V
20-38

1.0. GENERAL INFORMATION

1.1 Purpose

Under Authority granted by Title 39 of Louisiana Revised Statutes, the Louisiana Department of Transportation and Development (DOTD) hereby issues this Request for Proposals (RFP) to all qualified Consultants for the purpose of issuing a contract for technical assistance for statewide transit programs. The contract awarded shall be based upon the proposal most advantageous to DOTD, price and other factors considered, and it will be subject to the availability of funds.

1.2 Background

Funded under Chapter 53 of Title 49 of the United States Code, assistance will include a newsletter, marketing, coordination, workshops, training and information technology. It is the intent of DOTD to select a Consultant to supply all of the services necessary for the successful completion of the project.

1.3 Scope of Services

Attachment I details the scope of services and deliverables or desired results that DOTD requires of the Consultant.

1.4 Project Manager
The Project Manager is Ms. Carol Cranshaw, she may be reached at 225-274-4302.

2.0 ADMINISTRATIVE INFORMATION

2.1 Expected Time Period for Contract

The period of any contract resulting from this RFP is tentatively scheduled to begin on or about July 01, 2005 and to continue through June 30, 2008.

2.2 RFP Coordinator

Requests for copies of the RFP and written questions must be directed to the RFP Coordinator listed below:

Dr. Babak Naghavi, P.E., P.H.
Consultant Contract Services Administrator
1201 Capitol Access Road, Room 405-T
Baton Rouge, LA 70802-4438 or
Post Office Box 94245
Baton Rouge, Louisiana 70804-9245
Telephone: (225) 379-1989
Fax: (225) 379-1859

This RFP is available in electronic form at www.dotd.lousisana.gov in Microsoft Word format or in printed form by submitting a written request to the RFP Coordinator.

2.3 Consultant Inquiries

DOTD will consider written Consultant inquiries regarding RFP requirements or Scope of Services before the date specified in the Calendar of Events. DOTD reserves the right to modify the RFP should a change be identified that is in the best interest of DOTD.

To be considered, written inquiries and requests for clarifi-cation of the content of this RFP should be received at the above address or via fax by 2:00 p.m. on the date specified in the Calendar of Events. Any and all questions directed to the RFP Coordinator will be deemed to require an official response. Official responses to each of the questions presented by the Consultant will be sent to all potential Consultants who have submitted a letter of intent to submit by the deadline shown in the calendar of events.

2.4 Notice of Intent to Submit
A written Notification of Intent to Submit must be received by the RFP Coordinator by the submission deadline shown in the Calendar of Events.

2.5 Pre-proposal Conference

A mandatory pre-proposal conference will be held at 8:30 a.m. May 03, 2005 in the DOTD Auditorium located in the DOTD Headquarters Building. Prospective Consultants should participate in the conference to obtain clarification of the requirements of the RFP and to receive answers to relevant questions. Any Consultant/team intending to submit a proposal should have at least one duly authorized representative attend the Pre-proposal Conference.

Although questions will be permitted and answers will be provided during the conference, the only official answer or position of DOTD will be stated in writing in response to written questions. Therefore, Consultants should submit all questions in writing (even if an answer has already been given to an oral question). After the conference, questions will be researched and the official response distributed on the date specified in the Calendar of Events.

2.6 Calendar of Events

Event Date

Advertise RFP and mail public announcements April 15, 2005

Deadline for written notification of Intent to Submit April 21, 2005

Deadline for receiving Consultant inquiries April 27, 2005

Pre-proposal Conference May 03, 2005

Issue responses to Consultant inquiries May 06, 2005

Proposal submission deadline May 23, 2005

Announce Award of "Successful Consultant" June 06, 2005

Contract execution July 01, 2005

NOTE: DOTD reserves the right to amend and/or change this schedule of RFP activities, as it deems necessary.

3.0 PROPOSAL INFORMATION

3.1 Proposal Response Location

Consultants who are interested in providing consulting services under this RFP should submit all proposals containing the information specified in Section 4.0. The fully completed original proposal with original signatures by an authorized representative and all copies should be received in hard copy (printed) version by the RFP Coordinator designated above by the deadline date specified in the Calendar of Events. Fax or e-mail submissions are not acceptable.

3.2 Determination of Responsibility

Determination of the Consultant’s responsibility relating to this RFP shall be made according to the standards set forth in LAC 34: 136. DOTD must find that the Consultant:

ü Has adequate financial resources for performance, or has the ability to obtain such resources as required during performance;
ü Has the necessary experience, organization, technical qualifications, skills, and facilities, or has the ability to obtain them;
ü Is able to comply with the proposed or required time of delivery or performance schedule;
ü Has a satisfactory record of integrity, judgment, and performance; and
ü Is otherwise qualified and eligible to receive an award under applicable laws and regulations.

3.3 Qualifications of Consultant

Consultants should include the following in their submittal:

1. Experience with Federal Transit Administration rules and regulations and coordination initiatives
2. Experience in managing, overseeing or planning transit projects
3. Experience with transit marketing strategies
4. Experience in developing and conducting workshops
5. Experience in developing newsletters and website design

Consultants should ensure that their proposals contain sufficient information for DOTD to make its determination by presenting acceptable evidence of the above to perform the services.

3.4 Revisions to the RFP

DOTD reserves the right to change the calendar of events or revise any part of the RFP by issuing an addendum to the RFP at any time.

3.5 Waiver of Administrative Informalities

DOTD reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal.

3.6 Proposal Rejection

Issuance of this RFP in no way constitutes a commitment by DOTD to award a contract. DOTD reserves the right to accept or reject, in whole or part, all proposals submitted and/or cancel this announcement if it is determined to be in DOTD’s best interest.

3.7 Withdrawal and Re-submission of Proposal

A Consultant may withdraw a proposal that has been submitted at any time up to the date and time the proposal is due. To accomplish this, a written request signed by the authorized representative of the Consultant must be submitted to the RFP Coordinator.

3.8 Subcontracting Information

DOTD shall have a single Prime-Consultant as the result of any contract negotiation, and that Prime-Consultant shall be responsible for all deliverables referenced in the RFP or proposal. This general requirement notwithstanding, Consultants may enter into Sub-Consultant arrangements, however the Prime-Consultant should acknowledge in their proposal total responsibility for the entire contract.

If the Consultant intends to subcontract for portions of the work, the Consultant should include specific designations of the tasks to be performed by the Sub-Consultant. Information required of the Consultant under the terms of this RFP is also required for each Sub-Consultant.

Unless provided for in the contract with DOTD, the Prime-Consultant shall not contract with any other party for furnishing any of the work and professional services herein contracted for without the express written approval of DOTD.

3.9 Ownership of Proposal

All materials submitted in response to this request become the property of DOTD. Selection or rejection of a proposal does not affect this right.

3.10 Proprietary Information

Only information, which is in the nature of legitimate trade secrets or non-published financial data, may be deemed proprietary or confidential. Any material within a proposal identified as such must be clearly marked in the proposal and will be handled in accordance with the Louisiana Public Record Act, R.S. 44:1-44 and applicable rules and regulations. Any proposal marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse.

3.11 Cost of Preparing Proposals

DOTD is not liable for any costs incurred by prospective Consultants prior to issuance of or entering into a contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Consultant in responding to this RFP are entirely the responsibility of the Consultant, and shall not be reimbursed in any manner by DOTD.

3.12 Errors and Omissions in Proposal

DOTD will not be liable for any errors in proposals. DOTD reserves the right to make corrections or amendments due to errors identified in proposals by DOTD or the Consultant. DOTD, at its option, has the right to request clarification or additional information from the Consultants.

3.13 Contract Award and Execution

DOTD reserves the right to enter into a Contract without further discussion of the proposal submitted based on the initial offer received. DOTD reserves the right to contract for all or a partial list of services offered in the proposal.

The RFP and proposal of the selected Consultant will become part of any contract initiated by DOTD. See Attachment V.

The selected Consultant will be expected to enter into a contract which is substantially the same as the sample contract included in Attachment V. In no event is a Consultant to submit its own standard contract terms and conditions as a response to this RFP. The Consultant should submit with their proposal any exceptions or exact contract deviations that their firm wishes to negotiate. Negotiations may begin with the announcement of the selected Consultant.
If the contract negotiation period exceeds 10 working days or if the selected Consultant fails to sign the final contract within 10 working days of delivery of it, DOTD may elect to cancel the award and award the contract to the next-highest-ranked Consultant.

3.14 Code of Ethics

Consultants are responsible for determining that there will be no conflict or violation of the Ethics Code if their company is awarded the contract. Ethics issues are interpreted by the Louisiana Board of Ethics.

4.0 RESPONSE INSTRUCTIONS

4.1 Proposal Submission

One original (stamped original) and four copies of the proposal must be submitted to DOTD.

The proposal will be identified with the State Project No. 741-99-0160 and will be submitted prior to 3:00 p.m. on Monday, May 23, 2005, by hand delivery or mail addressed to:

Dr. Babak Naghavi, P.E., P.H.
Consultant Contract Services Administrator
1201 Capitol Access Road, Room 405-T
Baton Rouge, LA 70802-4438 or
Post Office Box 94245
Baton Rouge, Louisiana 70804-9245
Telephone: (225) 379-1989
Fax: (225) 379-1859

The proposal must be signed by those company officials or agents duly authorized to sign proposals or contracts on behalf of the organization. A certified copy of a board resolution granting such authority should be submitted.

It is solely the responsibility of each Consultant to assure that their proposal is delivered at the specified place and prior to the deadline for submission. Proposals, which for any reason are not received timely, will not be considered.

4.2 Cover Letter

A cover letter should be submitted on the Consultant's official business letterhead explaining the intent of the Consultant.

4.3 Proposal Format

The Consultant should submit a proposal as specified in Attachment III which shall include enough information to satisfy evaluators that the Consultant has the appropriate experience, and qualifications to perform the scope of services as described herein. The Consultant should respond to all areas requested.

4.4 Certification Statement

The Consultant must sign and submit the Certification Statement shown in Attachment IV.

5.0 EVALUATION AND SELECTION

5.1 Evaluation Team

The evaluation of proposals will be accomplished by DOTD's Consultant Evaluation Committee, which will determine the proposal most responsive and advantageous to DOTD.

5.2 Administrative and Mandatory Screening

All proposals will be reviewed to determine compliance with administrative and mandatory requirements as specified in the RFP. Proposals found not to be in compliance will be rejected from further consideration.

5.3 Evaluation and Review

Evaluation of proposals will be performed by the DOTD Consultant Evaluation Committee. Each proposal is rated from 0 to 4 in all four (4) of the criteria, with Price having the highest possible score of 24. For reference, the ratings are based on the following:

0 - Unsatisfactory
1 - Poor
2 - Fair
3 - Good
4 - Excellent

Each criteria also has a weight factor that is applied to place them in the proper relationship with each other. These weighting factors vary from 4 to 6.
No interviews or oral presentation will be held.

The following evaluation criteria will be considered:

CRITERIA
WEIGHTING FACTOR
HIGHEST POSSIBLE SCORE
(1) Firm experience on similar projects
5
20
(2) Personnel experience as related to the project
5
20
(3) Consultant’s understanding of the project (See Attachment III)
4
16
(4) Location where the work will be performed
5
20
(5) Price
-
24
Total
100

Each consultant will receive a price score computed as follows:

Price Score = Lowest Proposed Total Price x 24
Consultant’s Proposed Total Price

5.4 Announcement of Consultant

DOTD will notify the successful Consultant and proceed to negotiate terms for final contract. Unsuccessful Consultants will be notified in writing accordingly.

6.0 CONSULTANT REQUIREMENTS

6.1 Corporation Requirements

Upon the award of the contract, if the Consultant is a corporation not incorporated under the laws of the State of Louisiana, the Consultant shall have obtained a certificate of authority pursuant to R. S. 12:301-302 from the Secretary of State of Louisiana prior to the execution of the contract.

Upon the award of the contract, if the Consultant is a for-profit corporation whose stock is not publicly traded, the Consultant shall ensure that a disclosure of ownership form has been properly filed with the Secretary of State of Louisiana.

6.2 Compensation

Compensation to the Consultant for services rendered in connection with this contract will be made at the billable rates and other detailed costs specified in the Consultant’s proposal, for a maximum compensation proposed by the consultant for all services.

6.3 Billing and Payment

Payments to the Consultant for services rendered will be made monthly based on a certified and itemized invoice showing line item costs incurred based on the proposed rates. Any labor charges for approved services shall include the names of the employees, their classification, and the time worked. These shall be reimbursed at the approved billable rate for that classification established from the Consultant’s Proposal. These Rates shall be used for the duration of the Contract. Travel shall be reimbursed according with the State Travel Regulations. DOTD will allow adjustments for travel and other detailed costs between Tasks, up to the maximum established from the Consultant’s proposed costs.

Any charges for approved services other than labor shall be detailed to include vendor name, cost, and description. Final payment for these costs will be adjusted after project completion, or at the request of the Project Manager, to reflect the actual costs experienced by the Consultant during the course of this contract as determined by DOTD’s Audit Section following the post audit of this contract. However, in no event shall such an adjustment allow the contract cost to exceed the maximum limitation imposed thereon. The allowable costs shall be in accordance with the cost principles and procedures set forth in 48 CFR 31 of the (FARS) as appropriate.

6.4 Contract Terms & Conditions
The Consultant will be required to enter into a contract with DOTD that is basically the same as Attachment V. Any changes to those terms will be negotiated if state law allows such negotiation.

6.5 Indemnification

Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under contract.

The Consultant shall be fully liable for the actions of its agents, employees, partners or
Sub-Consultants and shall fully indemnify and hold harmless DOTD and its Authorized Users from suits, actions, damages and costs of every name and description relating to personal injury and damage to real or personal tangible property caused by the Consultant, its agents, employees, partners or Sub-Consultants, without limitation; provided, however, that the Consultant shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of DOTD.

The Consultant will indemnify, defend and hold DOTD and its Authorized Users harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs which may be finally assessed against DOTD in any action for infringement of a United States Letter Patent with respect to the Products furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that DOTD shall give the Consultant: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at the Consultant's sole expense, and (iii) assistance in the defense of any such action at the expense of the Consultant. Where a dispute or claim arises relative to a real or anticipated infringement, DOTD or its Authorized Users may require the Consultant, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require.

The Consultant shall not be obligated to indemnify that portion of a claim or dispute based upon: i) Authorized User's unauthorized modification or alteration of a Product; ii) Authorized User's use of the Product in combination with other products not furnished by Consultant; iii) Authorized User's use in other than the specified operating conditions and environment.

In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if the Consultant believes that it may be enjoined, the Consultant shall have the right, at its own expense and sole discretion as the Authorized User's exclusive remedy to take action in the following order of precedence: (i) to procure for DOTD the right to continue using such item(s) or part (s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to DOTD up to the dollar amount of the Contract.

For all other claims against the Consultant where liability is not otherwise set forth in the Contract as being "without limitation", and regardless of the basis on which the claim is made, the Consultant's liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges rendered by the Consultant under the Contract. Unless otherwise specifically enumerated herein or in the work order mutually agreed between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the Consultant is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings.

DOTD and Authorized User may, in addition to other remedies available to them at law or equity and upon notice to the Consultant, retain such monies from amounts due the Consultant, or may proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them.

6.6 Confidentiality

All financial, statistical, personal, technical and other data and information relating to DOTD’s operation which are designated confidential by DOTD and made available to the Consultant in order to carry out this contract, or which become available to the Consultant in carrying out this contract, will be protected by the Consultant from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to DOTD. The identification of all such confidential data and information as well as DOTD’s procedural requirements for protection of such data and information from unauthorized use and disclosure will be provided by DOTD in writing to the Consultant. If the methods and procedures employed by the Consultant for the protection of the Consultant’s data and information are deemed by DOTD to be adequate for the protection of DOTD’s confidential information, such methods and procedures may be used, with the written consent of DOTD, to carry out the intent of this paragraph. The Consultant will not be required under the provisions of the paragraph to keep confidential any data or information, which is or becomes publicly available, is already rightfully in the Consultant’s possession, is independently developed by the Consultant outside the scope of the contract, or is rightfully obtained from third parties.

Under no circumstance is the Consultant to discuss and/or release information to the media concerning this project without prior express written approval of the DOTD.

ATTACHMENT I


SCOPE OF SERVICES
FUNCTIONAL AND TECHNICAL REQUIREMENTS


The selected Consultant shall provide technical assistance services for public transportation providers of the State. Assistance will include the publication of a newsletter, plan updates, technical and Information Technology assistance, workshops, site visits, vehicle roadeo and training as needed. All travel will be in accordance with with Louisiana Office of State Travel regulations found at: http://www.state.la.us/osp/travel/travelOffice.htm.

Task 1: Newsletter. Publish the established Louisiana Transitions quarterly newsletter, utilizing DOTD’s existing format, via Internet link (http://www.dotd.state.la.us/intermodal/transit/publications/publications.htm) to Public Transportation website, and provide 50 hard copies to DOTD utilizing high grade paper with a minimum of 4 pages center folded with each page to measure 8-1/2” x 11” and a maximum of 10 pages. Publication of newsletter will begin on the following quarter after execution of contract and every quarter thereafter for a period of three (3) years. Effort should not take more than 800 man hours.

§ Research current transit-related events and issues. Collect and compile data and information from relevant national, state and local sources. This shall include a minimum of one interview with a transit entity per quarter, gathering information and/or photos for “spotlight” articles, composing, writing and editing articles according to accepted journalistic practices.
§ Compose and layout articles and present draft to DOTD for approval.

Task 2: Web-based Financial Tracking System and Website.

§ Provide up to 100 man hours of technical assistance regarding the conversion of New Mexico’s (CRRAFT) software for Louisiana (Attachment II).

§ May include up to two trips consisting of approximately 5 days each to Albuquerque, New Mexico to assist with conversion.

Task 3: Coordination. Review and update strategies and provide technical assistance in order to enhance coordination efforts between transportation providers and users in all parishes.

§ Develop up to six (6) workshops (approximately 300 man hours) and course materials (DOTD will determine and provide location and cover expenses associated with meeting facilities). One of these workshops will address mandated coordination of transportation resources and provide manual on setting up a coordinated system based on several coordination options, including consolidated parish-wide, regional and various types of coordinated transit systems.
§ Provide on site technical assistance (maximum of 400 man hours) to approximately 10 new start transit providers on an as needed basis not to exceed 50 days total or an average of 5 days per agency over the three year contract period.
§ Provide technical support (maximum of 300 man hours) for the Transportation Coordination Committee(s). These committees may consist of representatives from DOTD, DHH, DSS, GODA, GOEA, DOL and other state agencies.
§ Provide technical support (maximum of 200 hours) for the Transportation Coordination Committee meetings not to exceed 4 per year. DOTD will determine and provide location and cover expenses associated with meeting facilities.
§ Assistance may include preparation of agenda and topics, notifying participants, taking and distributing minutes, collecting and compiling data provided by members and produce yearly report covering issues addressed by various committee(s) to the Governor. All documents and meeting notifications are to be submitted electronically. (Maximum of 200 man hours)
§ Assist DOTD on coordination issues as directed by the project manager, not to exceed 100 hours in the 3 year period.

Task 4: Workshops. Conduct a maximum of the equivalent of nine (9) 1-day workshops (5 in Baton Rouge, 2 in New Orleans and 2 in central Louisiana) over the three year contract period (maximum of 300 man hours) on an as needed basis to be arranged by DOTD. Topics and location within the state to be determined by DOTD but could include any of the following:

§ Bus Safety & Security
§ Marketing
§ Vehicle Maintenance
§ Financial management and reporting
§ Performance evaluation
§ Policies and procedures
§ Management principles
§ Ridership and service profiles
§ Scheduling and dispatching

Task 5: Bus and Rail Fixed Guideway Safety & Security Programs.

§ Make recommendations to ensure compliance with FTA Safety and Security Programs. Review and recommendations should not exceed 200 man hours.
§ Provide up to 500 hours of technical support via mail, email or telephone to transit systems to assist in developing and/or updating their local Bus Safety & Security Plans.
§ Conduct one on-site Rail Fixed Guideway Program review in New Orleans to determine compliance with FTA and DOTD Rail Fixed Guide Program Standards. Total effort should not exceed 300 man hours.

Task 6: Defensive Driving and Vehicle Roadeo.

§ Develop up to six (6) two-day training classes to be held in Baton Rouge (DOTD will determine and provide site and cover expenses associated with meeting facilities). The classes will include an eight (8) hour classroom component and a four (4) hour obstacles component. The classroom components will address vehicle inspection procedures; defensive driving skills and techniques; passenger assistance procedures and effective communication skills. The obstacle component will include driving maneuvers on the following courses: serpentine, offset alley, reaction course, wheelchair loading and securement, and diminishing clearance.
§ Develop a manual (provide one hard copy and one CD) for the Vehicle Roadeo Program based on the CTAA Roadeo model (http://www.ctaa.org/expo/roadeo/). Manual to include course layout, checkoff and rating sheet, etc. Assist DOTD in conducting three one-day vehicle roadeos in Baton Rouge.

Task 7: Other New and or Expanded Programs and Technical Support

§ Provide up to 600 hours of technical support to DOTD with reviewing FTA regulations on new and/or expanded programs and assist in formulation of and/or updating DOTD’s policies and procedures and revision of the State Management Plans.
§ Design 1-2 page (8½ X 11) promotional brochure, including graphics, to market transit programs to be submitted in an electronic format compatible with DOTD’s capabilities.
§ Conduct up to 40 one-day agency site reviews on specialized compliance areas (Title VI, Substance Abuse, procurement, financial management) to be determined by DOTD in the 3-year contract period.

Information regarding topic will be provided by DOTD as well as meeting facilities. The Consultant will provide any required handouts as needed which could include workbooks on compliance requirements.



Attachment II
CRRAFT SOFTWARE
REVISIONS BEING MADE BY
ATR INSTITUTE AT THE UNIVERSITY OF NEW MEXICO

The Louisiana Department of Transportation and Development (LaDOTD) proposes to customize the CRRAFT Software created by the ATR Institute at the University of New Mexico for use in Louisiana. The current CRRAFT software is entirely web based, which poses certain logistical issues; namely, access to CRRAFT during times when internet access is not available (e.g. problems with a modem, ISP problems, etc.).

LaDOTD proposes that the software be moved to a ‘distributed’1 model to mitigate potential logistical issues and customize the various forms for reporting and invoicing. LaDOTD, further proposes to provide training and technical assistance to rural transportation providers on the use and operation of the CRRAFT software.

The following is an estimate of the various activities necessary to make the CRRAFT software ready for use in Louisiana, including the necessary training and support:

1.CRRAFT database modifications: Modify the database for secure user access. Customize the database to ensure proper data needs.
2.CRRAFT Custom Reports: Create custom reports to LaDOTD specifications including ‘Online Invoicing Reports,’ ‘Statistical Reports,’ etc.
3.Distributed CRRAFT application: Revise the CRRAFT software so that it will be accessible regardless of internet access; distributed model.
4.CRRAFT software training material: Users manual and other training material.
5.Regional training: Six workshops with 15 persons at each workshop.
6.Help desk operation: One year of phone and internet support for users.
7.Software maintenance: 120 hours of maintenance, including new reports, changes to the database, etc.

By modifying the existing CRRAFT software for use in Louisiana, costs will be minimized and benefits will be maximized. The benefit to both the rural transportation providers and the LaDOTD Public Transportation staff will include reduced paperwork required to report to multiple funding sources, increased client service in the form of streamlined scheduling, and enhanced statewide reporting capabilities. Once the CRRAFT software is in full use, the Public Transportation staff will have full access to all public transportation activity statewide.

A ‘distributed model’ software is one that is installed on a local machine as opposed to one that is accessed over a network or the internet. The data resides on the local hard-drive and is accessible at all times. In this instance, the program would attempt to access the internet and when available would update a central database on the LaDOTD server.

ATTACHMENT III
PROPOSAL FORMAT

Consultants should submit their proposal to the RFP Coordinator using either the Standard Form DOTD 24-102 (S.F. 24-102) or a similar proposal format that includes all applicable information (in the same order) as the S.F. 24-102. Firms are not required to be registered with the Louisiana Secretary of State prior to selection. Questions regarding the S.F. 24-102 may be directed to the RFP Coordinator.

The S.F. 24-102 and the Instructions for Completing the S.F. 24-102 may be downloaded from DOTD’s Website. The DOTD Website address is http://www.dotd.louisiana.gov and Consultant Contract Services is listed under Doing Business with DOTD, and/or Pre-Construction. The S.F. 24-102 and the Instructions for Completing the S.F. 24-102 are listed under “Forms” on the Consultant Contract Services Website.

Seven separate Cost Statements, like the ones below, will be required for each of the seven Tasks, shown in the subparagraphs of the Scope of Services. The total price of the seven Tasks will be used in determination of the price rating. The proposed Hourly Rates should be provided for all classifications for each Task and shall include the Consultant’s overhead and profit.

All costs must be stated.
REQUIRED COST STATEMENT
TASK 1
Personnel:
Project Manager @ ___hours each X $___ /hour=$___
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Other Detailed Costs (Including Travel)$
Total $

REQUIRED COST STATEMENT
TASK 2
Personnel:
Project Manager @ ___hours each X $___ /hour=$___
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Other Detailed Costs (Including Travel)$
Total $

REQUIRED COST STATEMENT
TASK 3
Personnel:
Project Manager @ ___hours each X $___ /hour=$___
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Other Detailed Costs (Including Travel)$
Total $

REQUIRED COST STATEMENT
TASK 4
Personnel:
Project Manager @ ___hours each X $___ /hour=$___
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Other Detailed Costs (Including Travel)$
Total $

REQUIRED COST STATEMENT
TASK 5
Personnel:
Project Manager @ ___hours each X $___ /hour=$___
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Other Detailed Costs (Including Travel)$
Total $

REQUIRED COST STATEMENT
TASK 6
Personnel:
Project Manager @ ___hours each X $___ /hour=$___
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Other Detailed Costs (Including Travel)$
Total $

REQUIRED COST STATEMENT
TASK 7
Personnel:
Project Manager @ ___hours each X $___ /hour=$___
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Project Personnel @ ___hours each X $___ /hour=$___
(By Classification)
Other Detailed Costs (Including Travel)$
Total $

ATTACHMENT IV

CERTIFICATION STATEMENT

The undersigned hereby acknowledges she/he has read and understands all requirements and specifications of the Request for Proposals (RFP), including attachments.

OFFICIAL CONTACT. DOTD requires that the Consultant designate one person to receive all documents and the method in which the documents are best delivered. Identify the Contact name and fill in the information below: (Print Clearly):
Date: ______________________ Official Contact Name:______________________________________

A. E-mail Address: _____________________________________________

B. Facsimile Number with area code: (_____)______________________

C. US Mail Address: ____________________________________________

D. Telephone Number: ___________________________________________

Consultant certifies that the above information is true and grants permission to DOTD or Agencies to contact the above named person or otherwise verify the information I have provided.

By its submission of this proposal and authorized signature below, Consultant certifies that:

(1) The information contained in its response to this RFP is accurate;

(2) Consultant complies with each of the mandatory requirements listed in the RFP and will meet or exceed the functional and technical requirements specified therein;

(3) Consultant accepts the procedures, evaluation criteria, contract terms and conditions, and all other administrative requirements set forth in this RFP.

(4) Consultant's quote is valid for at least one year from the date of Consultant’s signature below;

(5) Consultant understands that if selected as the successful Consultant, he/she will have (#) business days from the date of delivery of final contract in which to complete contract negotiations, if any, and execute the final contract document.

Authorized Signature: ________________________________________________

Typed or Printed Name: ________________________________________________

Title: ___________________________________________________________________________

Company Name: __________________________________________________________________

Address:_________________________________________________________________________

City: ____________________________________ State:_________ Zip: ________________

__________________________________________________/___________________

SIGNATURE of Consultant's Authorized Representative DATE

ATTACHMENT V

SAMPLE CONTRACT
FOR INFORMATIONAL PURPOSES ONLY
AND SUBJECT TO CHANGE

STATE OF LOUISIANA
DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
STATEWIDE TECHNICAL ASSISTANCE FOR TRANSIT
______________________________________________________
STATE PROJECT NO. 741-99-0160
FTA GRANT NOs. LA-18-X020, LA-18-X021, LA-18-X022 and LA-80-X011, LA-80-X012
(Catalog of Federal Domestic Assistance No. 20.509 & 20.515)

THIS CONTRACT, made and entered into this ____ day of _____________, 20___, by and between the Louisiana Department of Transportation and Development, hereinafter referred to as "DOTD", and______________________________________________________, a private consulting firm, hereinafter referred to as "Consultant";

WITNESS TO: That;

WHEREAS, Section 5311 and 5313(b) of the Federal Transit Act, as amended, provides funds for technical assistance to rural and small urbanized areas under 200,000 population and to urbanized areas over 200,000 population; and

WHEREAS, the DOTD has elected to utilize the services of the Consultant to provide direct assistance to the DOTD in these programs; and

WHEREAS, the Consultant is agreeable to rendering such services for the DOTD as set forth hereinafter for fees satisfactory to the DOTD;

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

ARTICLE 1. PROJECT IDENTIFICATION

State Project No. 741-99-0160 and FTA Grant Numbers LA-18-X020, LA-18-X021, LA-18-X022 and LA-80-X011, LA-80-X012 have been assigned to this contract for identification purposes. All correspondence, invoices, progress reports, etc., submitted to DOTD in connection with this contract shall be identified by these project numbers.

ARTICLE 2. SCOPE OF CONTRACT SERVICES

The work to be undertaken under this contract shall consist of the work tasks specified in Exhibit A (attached) which is attached hereto and made an integral part hereof. The attached work tasks are general in scope and the final determination of the completeness of each task will be determined by the Project Manager to be assigned by DOTD.

All matters relating to this contract will be processed through the "Project Manager" who will be identified in the "Notice to Proceed" with the work.

ARTICLE 3. TERM OF CONTRACT

This contract shall begin on (beginning date) and shall terminate on (ending date) unless modified by an executed supplemental agreement. In accordance with LA Revised Statues 39:1514, this contract cannot exceed a total of thirty-six (36) months.

The Consultant shall proceed with the work specified herein subsequent to execution of this contract and upon issuance of the Notice to Proceed by DOTD for each task. Each month thereafter, the Consultant shall prepare a progress report for the Project reflecting in detail the status of the work (to include project completion percentage) and submit said report to the Project Manager along with an original and three copies of the monthly invoice as provided hereinafter under Article 5. PAYMENTS.

ARTICLE 4. COMPENSATION

Compensation to the Consultant for services rendered in connection with this contract will be made at the billable rates and other detailed costs specified in the Consultant’s proposal, for a maximum compensation of $XXX.

ARTICLE 5. PAYMENTS

Payments to the Consultant for services rendered will be made monthly based on a certified, itemized invoice showing line item costs incurred. Any labor charges for approved services shall include the names of the employees, their classification, and the time worked. These shall be reimbursed at the approved billable rate for that classification. Any charges for approved services other than labor shall be detailed to include vendor name, cost, and description. The approved billable rates for each classification are as follows:

(List approved classifications/rates)

The invoice shall show the total amount earned to the date of submission, and the amount due and payable as of the invoice including the direct expenses. The invoice shall reflect a five percent (5%) deduction on the total sum exclusive of direct expenses as an amount to be retained by DOTD until satisfactory completion of the work required. DOTD will release the retainage to the consultant upon satisfactory completion and acceptance by DOTD of all tasks performed by the consultant. Release of the retained amount or a portion of the retained amount shall be determined by the results of an interim and/or a post audit of the project.

The invoice (Exhibit D) shall be directly related to the Monthly Progress Report. DOTD will not approve any invoice in which the proportional amount of the total contract fee exceeds the percentage of project completion by more than five percent (5%). Payments will also be made monthly for other detailed costs including travel chargeable and identifiable to this specific Contract; provided such charges are substantiated by documentation subject to audit. Other detailed costs including travel will be disallowed if subsequent audits reveal that adequate bookkeeping has not been maintained. It is understood that the firm's entire books must segregate these items out of general overhead figures.

Other detailed costs including travel expenses are inclusive of the maximum limitation. Payments for other detailed costs including travel which are not covered as an item of overhead will be based on receipt of a certified billing statement reflecting the detailed costs and travel expenses to the Consultant with no override for handling. The allowable costs shall be in accordance with the cost principles and procedures set forth in Federal Acquisition Regulation (FAR) Part 31, Contract Cost Principles and procedures for State Local Governments.

All costs charged to the project shall be supported by applicable documentation which is to be retained by the Consultant in the official project file. Such documentation shall include copies of employee time sheets, and invoices for other direct costs (telephone, materials, travel expenses, etc.) charged to the project. The official project file, subject to inspection and audit by the DOTD and/or Legislative Auditor, FTA, the U.S. General Accounting Office or other federal agency, shall be retained for a period of five (5) years from the date of project completion, as determined by DOTD.

The maximum limitation specified herein may be revised in the event of changes in the scope, complexity or character of work or because of justifiable increases in the Consultant's cost of performing the work, but only upon receipt of the prior written approval of the DOTD.

The original and three (3) copies of the invoice shall be submitted to the Project Manager. The invoice must be signed and dated by a principal member of the Consultant’s firm.

Upon receipt and approval of each invoice, DOTD shall pay the amount due within thirty (30) calendar days, in accordance with Louisiana Revised Statues 38:251.5.

ARTICLE 6. AUDITS
A post-audit shall be conducted by the DOTD Audit Section to determine compliance with the terms of this contract and eligibility of contract expenses for which reimbursement was received. This audit shall be made in accordance with generally accepted auditing and accounting procedures, including the Government Auditing Standards set forth in 48 CFR 31 of the Federal Acquisition Regulations System (FARS), and state travel regulations in effect during the contract period, which are incorporated herein by reference as if copied in extenso, and available for inspection or copying in the office of the DOTD Audit Director. Final payment for these costs will be adjusted after completion of the project to reflect the actual rates experienced by the Consultant during the course of the contract, and as determined by the Department's Audit Section following the post audit of the contract. However, in no event shall such an adjustment allow the contract costs to exceed the maximum limitation imposed thereon.

The Consultant may request (through the Project Manager) an interim audit to be performed halfway through the contract period if at least half of the total contract amount has been expended.

ARTICLE 7. SCOPE OF WORK

(1) Consultant shall make available to DOTD technically competent personnel for the purpose of providing the services required to accomplish the tasks prescribed in Exhibit A, Scope of Work, in the manner described therein. Each such task will be considered complete when the completion criteria, as defined in the applicable tasks, are met.

(2) Each Task specified in Scope of Work contains a description of the task, a Statement of the Consultants responsibilities, completion criteria, and a list of deliverable items (if any). The aggregate of the costs for all Task Schedules shall not exceed the maximum fee stated in the Compensation section of this contract.

(3) The Consultant agrees to perform all required services and produce deliverables in the manner and scope described in the Scope of Work. DOTD agrees to meet its obligations in the manner described in the Scope of Work.

ARTICLE 8. CONSULTANT RESOURCES

(1) Project Staff. Consultant shall provide competent and qualified project staff as specified for the applicable task schedule in Scope of Work.

(2) Consultant Personnel. DOTD reserves the right to disapprove the continuing assignment of Consultant personnel provided under this Contract. If DOTD exercises this right, and the Consultant cannot immediately replace the disapproved personnel, DOTD agrees to an equitable adjustment in schedules that may be affected hereby.

The Consultant shall not remove, replace or substitute any key personnel assigned to this contract without the prior written consent of the DOTD. DOTD will not unreasonably withhold or delay consent if the Consultant offers an equally qualified replacement. In the event that any of the Consultant’s personnel become unavailable due to resignation, illness or other factors outside of the Consultant’s control (excluding assignment to a project outside the contract), the Consultant shall be responsible for providing an equally qualified replacement, subject to DOTD’s approval, to avoid delays in completing tasks.

(3) Any special resources identified in Scope of Work shall be provided by the Consultant.

ARTICLE 9. ACCEPTANCE OF DELIVERABLES

(1) General. Except where this Contract provides otherwise, work will be accepted if it has been performed in accordance with the applicable task completion criteria set forth in Scope of Work.

(2) Submittal and Review. Upon written notification by Consultant that a deliverable is complete and available for review and acceptance, DOTD will review the deliverable within 10 business days after the deliverable is presented to the DOTD Project Manager. A failure to deliver all or any essential part of a deliverable shall be cause for non-acceptance.

(3) Notification of Acceptance or Rejection. If DOTD disapproves a deliverable, DOTD will notify Consultant in writing of such disapproval, and will specify those items which, if modified or added, will cause the deliverable to be approved. With respect to disapproved deliverables, the parties agree to repeat the process for a maximum of three iterations. The payment by DOTD for completed tasks is contingent upon correction of all such deficiencies and acceptance by DOTD.

ARTICLE 10. CONTRACT CHANGES AND AMENDMENTS IN WRITING

Any changes or modifications in the scope of services required under this contract will require a fully executed supplemental agreement to this contract, however, no extension can be approved that would cause the contract to exceed thirty six (36) months. Any alteration, variation, modification, or waiver of provisions of this contract shall be valid only when they have been reduced to writing, duly signed. No amendment shall be valid until it has been executed by all parties and approved by the Director of the Office of Contractual Review, Division of Administration.

ARTICLE 11. OWNERSHIP OF DOCUMENTS

Upon completion of this contract, or if terminated earlier, all software and data source documents, data files, documentation, records, worksheets, or any other materials related to this contract shall become the property of DOTD and shall be delivered to DOTD within thirty (30) days of the completion or termination of this contract. In addition, all data sources collected by the Consultant and all documents, notes, drawings, tracings and files collected or prepared in connection with this work, will be available for examination by the DOTD. The Consultant will also make available to the DOTD, in summary form, all updated planning data. The data source documents must be retained by the Consultant for a period of three (3) years from date of project completion; however, prior to the disposal of any data the consultant shall obtain the prior written approval of the DOTD.

ARTICLE 12. DELAYS AND EXTENSIONS

The Consultant will be given an extension of time for delays beyond its control or for those caused by tardy approvals of work in progress by various official agencies, however, no such extension can be approved that would cause the contract to exceed thirty six (36) months. If, in the opinion of the DOTD's Deputy Secretary, circumstances indicate a need for re-negotiation, then the fees stipulated herein for work accomplished after the delay period will be subject to re-negotiation. It will be the responsibility of the Consultant to request re-negotiation promptly and no fee adjustment will be made for work performed prior to such request.

ARTICLE 13. TERMINATION OR SUSPENSION

The terms of this contract shall be binding upon the parties hereto until the work has been completed and accepted by the DOTD and all payments required to be made to the Consultant have been made; but this contract may be terminated under any or all of the following conditions:

1. By mutual agreement and consent of the parties hereto.
2. By the DOTD as a consequence of the failure of the Consultant to comply with the terms, progress or quality of work in a satisfactory manner, proper allowance being made for circumstances beyond the control of the Consultant.
3. By either party upon failure of the other party to fulfill its obligations as set forth in this contract.
4. By satisfactory completion of all services and obligations described herein.
5. By the DOTD by giving thirty (30) days prior written notice to the Consultant and payment for all work completed prior to the receipt of written notice for cancellation.
6. By the DOTD due to withdrawal of Federal or State funding for the project.

If termination is made by the DOTD under condition 5 after work has started, the Consultant will be paid for all detailed costs including travel expenses incurred and for all services rendered on the basis of its certified and itemized direct payroll cost plus the applicable percentage rates to cover payroll additives and overhead.

Upon termination the Consultant shall deliver to the DOTD a report in complete detail of all findings and all obtained data for the DOTD's use as well as all records of the work compiled to the date of termination, and the DOTD shall pay in full for all work accomplished up to the date of termination.

Should the DOTD desire to suspend the work but not terminate the contract, it may do so by giving Consultant written notice thirty (30) days in advance of the date the work is to be suspended. DOTD may cause the work to be reinstated and resumed in full force by providing Consultant with written notice sixty (60) days in advance of the date the work is to be resumed.

ARTICLE 14. AVAILABILITY OF FUNDS

The continuation of this contract is contingent upon the appropriation of funds by the Louisiana Legislature to fulfill the requirements of the contract. If the Legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds have not been appropriated. Such termination shall be without penalty or expense to DOTD except for payments which have been earned prior to the termination.

ARTICLE 15. ASSIGNMENT

Consultant shall not assign any interest in this contract and shall not transfer any interest in same (whether by assignment, donation or novation), without prior written consent of DOTD, provided however, that claims for money due or to become due to the Consultant from DOTD may be assigned to a bank, trust company, or other financial institution without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to DOTD and to the Office of Contractual Review, Division of Administration.

ARTICLE 16. PUBLIC LIABILITY

The Consultant shall indemnify and hold harmless the DOTD against any and all claims, demands, suits and judgments of sums of money to any party for loss of life or injury or damage to person or property growing out of, resulting from, or by reason of, any negligent act or omission, operation or work of the Consultant, its agents, servants or employees while engaged upon or in connection with the services, required or performed by the Consultant hereunder.

ARTICLE 17. TAX LIABILITY

Consultant hereby agrees that the responsibility for payment of taxes from the funds thus received under this contract and/or legislative appropriation shall be said contractor's obligation and identified under contractor's Federal tax identification number __________________________________.

ARTICLE 18. CLAIM FOR LIENS

The Consultant shall hold the DOTD harmless from any and all claims for liens for labor, services or material furnished to the Consultant in connection with the performance of its obligations under this contract.

ARTICLE 18. COMPLIANCE WITH LAWS

The Consultant shall comply with applicable Federal, State and Local laws, rules, regulations and ordinances, as shall all others employed by it in carrying out the provisions of this contract.

ARTICLE 20. COMPLIANCE WITH CIVIL RIGHTS ACT

The following requirements apply to this contract:

(1) 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 Consultant 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 Consultant agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity. The following equal employment opportunity requirements apply to this contract:

(a) 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 Consultant 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 activities undertaken in the course of the Project. The Consultant 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 Consultant agrees to comply with any implementing requirements FTA may issue.

(b) 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 Consultant agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. 12112, the Consultant 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 Consultant agrees to comply with any implementing requirements FTA may issue.

(3) The Consultant 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.

ARTICLE 21. DISADVANTAGED AND WOMEN OWNED BUSINESS ENTERPRISES

It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises as defined in Title 49, Code of Federal Regulations, Part 26 (49 CFR 26), shall be afforded reasonable opportunity to participate in the performance of projects financed in whole or in part with federal funds, consequently, the DBE requirements of 49 CFR 26 apply to this project.

The Consultant agrees to comply with section 1101(b) of TEA-21, 23 U.S.C § 101 note, and U.S. Department of Transportation regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. Part 26.

The Consultant agrees that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from the U.S. Department of Transportation or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The Consultant agrees to take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with Federal assistance derived from the U.S. Department of Transportation.

The Consultant agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 be afforded reasonable opportunity to participate in the performance of this project and any subcontracts that may be let. In this regard, the Consultant shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that disadvantaged business enterprises have reasonable opportunity to compete for and perform services relating to this project. Failure by the Consultant to carry out these requirements is a material breach of the Agreement which may result in the termination of this Agreement or such other remedy as the DOTD deems appropriate.

After proper notification by DOTD, immediate remedial action shall be taken by the Consultant as deemed appropriate by DOTD or the agreement shall be terminated. The option will rest with the DOTD.

The above requirements shall be physically included in all subcontracts entered into by the Consultant.

ARTICLE 22. DISPUTES

Any dispute concerning a question of fact in connection with the work not disposed of by agreement between the parties hereto shall be referred to the DOTD's Deputy Secretary for determination. Final decision in the matter shall be Louisiana Revised Statues 39:1524-1526.

ARTICLE 23. PROGRESS INSPECTIONS

During the progress of the work, representatives of the DOTD, the FTA and of other interested parties when so named herein shall have the right to inspect the progress of work and the facilities used by the Consultant in conducting this project.

ARTICLE 24. ENERGY CONSERVATION

The Consultant shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. 6321 et.seq. (Public Law 94-163).

ARTICLE 25. RIGHTS IN DATA AND COPYRIGHTS

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

The term does not include financial reports, cost analyses, and similar information incidental to Project administration.

The following restrictions apply to all subject data first produced in the performance of this Contract:

(1) Except for its own internal use, the Consultant may not publish or reproduce subject data in whole or in part or in any manner or form nor may the Consultant authorize others to do so without the written consent of the DOTD until such time as the DOTD and the Government either release or approve the release of such data to the public.

(2) As authorized by 49 CFR 18.34, the Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use for Federal Government purposes:

ARTICLE 26. PATENT RIGHTS

If any invention, improvement of discovery of the Consultant is conceived or first actually reduced to practice in the course of or under this Contract, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Consultant agrees to notify the DOTD immediately and provide a detailed report. The rights and responsibilities of the DOTD, the Consultant and the Government with respect to such invention, improvement, or discovery will be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof.

ARTICLE 27. COVENANT AGAINST CONTINGENT FEES

The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the DOTD shall have the right to annul this contact without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

ARTICLE 28. MEMBERS OF AND/OR DELEGATES TO CONGRESS

In accordance with 18 U.S.C. 432, no member of, or delegate to, the Congress of the United States shall be admitted to a share or part of this contract or to any benefit arising therefrom.

ARTICLE 29. SUBLETTING ASSIGNMENT OR TRANSFER

This contract, except as set forth herein, shall not be transferred, assigned or sublet without the prior written assent of the DOTD. Any subcontract awarded must therefore be made in accordance with FTA Circular 4220.1C and receive DOTD written approval prior to execution.

The consultant shall not assign any interest in this contract and shall not transfer any interest in same (whether by assignment or novation), without prior written consent of the State, provided however, that claims for money due or to become due to the consultant from the state may be assigned to a bank, trust company, or other financial institution without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the State.

ARTICLE 30. ACCESS TO RECORDS

The Consultant and its subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for five (5) years from the date of project completion as determined by the DOTD for inspection by the DOTD and/or Legislative Auditor, FTA, the U.S. General Accounting Office or other Federal agency and copies thereof shall be furnished if requested.

An OMB Circular A-133 single audit applies to Contractors who expend $300,000 or more in a year in federal awards. A Contractor who expends less than $300,000 shall arrange for an annual financial audit to be conducted in accordance with generally accepted Government Auditing Standards issued by the Comptroller General of the United States and shall furnish a copy of the audit report to the DOTD within thirty days after the completion of the audit, but no later than one year after the end of the audit period. Failure to comply with this requirement may result in DOTD's withholding of contract payments.

ARTICLE 31. CLEAN AIR REQUIREMENTS

(1) The Consultant 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 Consultant agrees to report each violation to the DOTD and understands and agrees that the DOTD will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

ARTICLE 32. CLEAN WATER REQUIREMENTS

(1) The Consultant 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 Consultant 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.

(2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

ARTICLE 33. NO OBLIGATION BY THE FEDERAL GOVERNMENT

The Consultant acknowledges and agrees 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 Consultant or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

The Consultant 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.

ARTICLE 34. DEBARMENT AND SUSPENSION CERTIFICATION

(1) The Consultant must sign the Certification Regarding Debarment, Suspension, and Other Responsibility Matters which is incorporated herein by reference. (See Exhibit B)

(2) The Consultant shall include the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction in all subcontracts and lower-tier covered transactions and in all solicitations therefor and shall furnish such executed Certifications to the DOTD.

ARTICLE 35. LOBBYING CERTIFICATION

(1) The Consultant must complete and sign the Certification Regarding Lobbying which is incorporated herein by reference. (See Exhibit C)

(2) The Consultant shall include the Certification Regarding Lobbying in all subcontracts which exceed $100,000 and shall ensure that such subcontractors certify and disclose accordingly.

ARTICLE 36. PROGRAM FRAUD AND/OR FRAUDULENT STATEMENTS

(1) The Consultant 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 Consultant 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 Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant to the extent the Federal Government deems appropriate.

(2) The Consultant 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 Consultant, to the extent the Federal Government deems appropriate.

(2) The Consultant 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.

ARTICLE 37. INCORPORATION OF 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 forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Consultant shall not perform any act, fail to perform any act, or refuse to comply with any DOTD requests which would cause DOTD to be in violation of the FTA terms and conditions.

ARTICLE 38. WARRANTIES

Consultant warrants that all services shall be performed in a workmanlike manner, and according to its current description (including any completion criteria) contained in Statement of Work.

ARTICLE 39. STAFF INSURANCE

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the total contract amount included in the Compensation Section of this contract.

ARTICLE 40. CONFIDENTIALITY

The following provision will apply unless Statement of Work specifically indicates that all information exchanged will be non-confidential:

ARTICLE 41. ENTIRE AGREEMENT

This contract, together with RFP and addenda issued thereto by DOTD, the consultant’s proposal submitted in response to DOTD’s RFP, and any exhibits specifically incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter.

ARTICLE 42. ORDER OF PRECEDENCE

In the event of any inconsistent provisions, this signed agreement (excluding the RFP and proposal) shall take precedence, followed by the provisions of the RFP, and then by the terms of the consultant’s proposal.

ARTICLE 43. SUCCESSORS AND ASSIGNS

This contract shall be binding upon and inure to the benefits of the parties hereto, their successors and assigns.

IN WITNESS HEREOF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and year first above written.

WITNESSES: Name of Consultant



BY: Witness for First Party
__________________________________________________
Typed or Printed Name


TITLE: ___________________________________________
Witness for First Party
__________________________________________________
Federal Identification Number


STATE OF LOUISIANA
DEPARTMENT OF TRANSPORTATION
AND DEVELOPMENT



BY: _____________________________________________
Witness for Second Party Secretary

Recommended for Approval By:


____________________________________________
Witness for Second Party Assistant Secretary



Exhibit A



SCOPE OF SERVICES
FUNCTIONAL AND TECHNICAL REQUIREMENTS

(To be included during Contract Phase)








































EXHIBIT B
Government-Wide Debarment and Suspension (NonProcurement)
49 CFR Part 29 – Executive Order 12549

1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Transportation and Development (DOTD) may pursue available remedies, including suspension and/or debarment.

2. The lower tier participant shall provide immediate written notice to DOTD if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact DOTD for assistance in obtaining a copy of those regulations.

4. The lower tier participant agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by DOTD.

5. The lower tier participant further agrees that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.

7. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, DOTD may pursue available remedies including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion
Lower Tier Covered Transaction

(1) The prospective lower tier participant certifies by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49CFR'29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such participant shall attach an explanation to this proposal.

The Contractor certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. ''3801 et seq. are applicable thereto.

Signature of Contractor's Authorized Official

Name and Title of Contractor's Authorized Official

_________________________________________ Date
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
(49 CFR – Part 20)

The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form---LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions [as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. §1352©(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. §3801, et seq., apply to this certification and disclosure, if any.


Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date





741-99-0160 RFP.doc