- Due Text
- Tuesday, September 29, 2026 11:59pm
- Posted At
- Fri, Jul 31, 2026 5:00 PM
- Documents
- North_and_South_Transit_Facilities_Fixed_Route_Services.pdf, A - Exhibit A- Estimated Bus Miles and Hours (Excluding Relief Vehicles), B - Exhibit B- Block Detail Report, C - Exhibit C - Bus Detailed Miles and Hours, D - Exhibit D - Bus Spare Ratio, E - Exhibit E - Headway Report, F - Exhibit F - Peak Vehicles, G - Exhibit G - History of Miles and Hours, H - Exhibit H - Phoenix North-South Fixed Route Speed & Efficiency Trend, I - Exhibit I - Fleet inventory with Life miles North-South, J - Exhibit J - City AR 6.11, K - Exhibit K - Technical Requirements, L - Exhibit L - CAD-AVL Warrantied Equipment, M - Exhibit M - Comfort Stations, N - Exhibit N - Paddles, O - Exhibit O - Relief Vehicle Statistics, P - Exhibit P - January 2026 Roster, Q - Exhibit Q - Non-Revenue Fleet List, R - Exhibit R - Active EE Staffing List, S - Exhibit S - Lot Inspection Form, T - Exhibit T - Maintenance Inspection Form, U - Exhibit U - Site Plan North Facility, V - Exhibit V - Site Plan South Facility pgs1-90, W - Exhibit W - Site Plan South Facility pgs91-225, X - Exhibit X - Site Plan South Facility pgs226-350, Y - Exhibit Y - Site Plan South Facility pgs351-471, Z - Exhibit Z - Facility Incident Report Procedure, CC - Exhibit CC - Custodial Specifications, DD - Exhibit DD - Equipment List - North South Facilities, EE - Exhibit EE - Utilities APS/Water/Gas, FF - Exhibit FF - Security Access & Control, GG - Exhibit GG - EMS Manual 2020, HH - Exhibit HH - Permit List, II - Exhibit II - FB30 Farebox Service Manual, JJ - Exhibit JJ - Field Corrective Action Form, KK - Exhibit KK - FB30 PMI, LL - Exhibit LL - Lost & Found Tag, MM - Exhibit MM - Lost & Found Log, NN - Exhibit NN - FPC-65, OO - Exhibit OO - Transit Advertising Standards, PP - Exhibit PP - Seniority - Employee Wage and Benefit Progression, QQ - Exhibit QQ - City of Phoenix 1976 Section 13(c) Agreement, RR - Exhibit RR - ATU Local 1433 CBA, SS - Exhibit SS - IUOE Local 428 Labor Agreement - Bus Technicians, TT - Exhibit TT - IUOE Local 428 Labor Agreement - Revenue Agents & Facility Workers, UU - Exhibit UU - Teamsters No. 104 CBA 2023 - 2028, VV - Attachment - Acceptance of Offer Form 2026, WW - Attachment - Request for Substitution or Exemption_PTD 02_2026 (DBE-N), XX - Attachment - Certification of Final Payment_PTD 02_2026 (DBE-N), YY - Attachment - DBE-N Annual SBPP, #1 Site Visit Directions - RFP PTD26-004
- Numeric Id
- 281222
- Description
- The City of Phoenix invites sealed offers for provide fixed-route transit operations, maintenance, and facility support services for the city.
The Effective Date of this Agreement will be upon final signature and recording by the City Clerk’s department.
The Commencement Date of this Agreement will be on July 1, 2027.
The term of this Agreement will be for 5 years, beginning on the Commencement Date, with one two-year option, which may be exercised by the City in its sole discretion.
This solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.
Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.
Background
Approximately 70 percent of Phoenix’s fixed-route bus services operates out of two primary facilities: the North the South Transit Facilities. Together, these facilities support a combined fleet of 347 buses, including 131 buses operating out of the North facility and 216 buses out of the South facility. Transit services at these facilities include 27 local routes, six RAPID routes, and three Neighborhood Circulators.
The North Transit Facility houses transit fleet vehicles, as well as various buildings for the contractor to use for administration and operations, including vehicle maintenance, facility maintenance, bus fueling, and bus washing. The South Transit Facility also houses vehicles and provides operations and vehicle maintenance facilities, as well as serving as the contractor’s main administrative offices, safety and training rooms, and bus and road supervisor dispatching.
The joint fleet from these yards provides service on 36 routes throughout the region, comprising approximately 15 million service miles per year and serving an average of two million passengers per month. The routes operated under the current contract include some of the region’s busiest, including Route 19 (19th Avenue), Route 35 (35th Avenue), Route 50 (Camelback Road), and Route 70 (24th Street/Glendale Avenue). The current contractor employs approximately 985 local staff to operate, maintain, and administer this contract on behalf of the City.
Timeline
Solicitation Issue Date:
July 31, 2026
Pre-Offer Conference (Non-Mandatory):
August 7, 2026, 10:00am
Microsoft Teams Link - Join: https://teams.microsoft.com/meet/27432256483965?p=fGb3QLZsysJJrDiqbC
Meeting ID: 274 322 564 839 65
Passcode: k5qZ9LL3
Site Visit (Non-Mandatory):
August 10, 2026, 8:00am
1st Location - South Transit Facility - 2225 W. Lower Buckeye Rd. Phoenix, AZ 85009
2nd Location - North Transit Facility - 2010 W Desert Cove Ave, Phoenix, AZ 85029
Written Inquiries Due Date:
August 21, 2026, 11:59pm
Offer Due Date:
September 29, 2026, 11:59pm
- Document Text
- 1. Introduction
1.1. Contact Information
Conner Exline
Public Transit
Email: ptdprocurement@phoenix.gov
Phone: (602) 256-3239
1.2. Schedule of Events
The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are Local Phoenix, AZ Time.
To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Conner Exline) at ptdprocurement@phoenix.gov, prior to the meeting.
Solicitation Issue Date: July 31, 2026
Pre-Offer Conference (Non-Mandatory): August 7, 2026, 10:00am
Microsoft Teams Link - Join: https://teams.microsoft.com/meet/27432256483965?p=fGb3QLZsysJJrDiqbC
Meeting ID: 274 322 564 839 65
Passcode: k5qZ9LL3
Site Visit (Non-Mandatory): August 10, 2026, 8:00am
1st Location - South Transit Facility - 2225 W. Lower Buckeye Rd. Phoenix, AZ 85009
2nd Location - North Transit Facility - 2010 W Desert Cove Ave, Phoenix, AZ 85029
Written Inquiries Due Date: August 21, 2026, 11:59pm
Offer Due Date: September 29, 2026, 11:59pm
2. Instructions
2.1. Description – Statement of Need
The City of Phoenix invites sealed offers to provide fixed-route transit operations, maintenance, and facility support services for the city.
The Effective Date of this Agreement will be upon final signature and recording by the City Clerk’s department.
The Commencement Date of this Agreement will be on or about July 1, 2027.
The term of this Agreement will be for 5 years, beginning on the Commencement Date, with one two-year option, which may be exercised by the City in its sole discretion.
This solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.
Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.
2.2. Preparation of Offer
All forms provided must be completed and submitted with the Offer. The signed and completed Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.
It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time. Key Personnel proposed in the offer may not be replaced before contract award or else the Offeror shall be determined non-responsible. The City is not responsible for Offeror’s errors or omissions.
All time periods stated as a number of days will be calendar days.
It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:
Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.
Study and carefully correlate Offeror’s knowledge and observations with the RFP document and other related data.
Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which an Offeror has discovered in or between the RFP document and such other related documents.
The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.
Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.
Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.
Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.
Unless the solicitation specifically allows, alterations of electronic spreadsheet price proposals will be sufficient grounds for the City to consider your offer to be non-responsive.
2.3. Fixed Offer Price Period
All offers shall be firm and fixed for a period of 365 calendar days from the solicitation opening date.
2.4. Obtaining a Copy of the Solicitation and Addenda
Interested Offerors may download the complete solicitation and addenda from the City's Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/281222. Any interested Offerors without internet access may obtain this solicitation by calling the Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Public Transit Department, Procurement and Contracts Section, 302 N. 1st Avenue, 9th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.
2.5. Exceptions
Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the Procurement Officer rather than including exceptions in their Offer.
2.6. Inquiries
All questions that arise relating to this solicitation should be directed via City’s OpenGov Procurement Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.
No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.
The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s OpenGov Procurement Portal.
2.7. Addenda
The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's Procurement Portal.
Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.
2.8. Business in Arizona
The City will not enter into contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.
2.9. Licenses
If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.
2.10. Certifications
By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:
The submission of the Offer did not involve collusion or other anti-competitive practices.
The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.
The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.
2.11. Submission of Offer
Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the City Department’s clock.
Offers should be submitted electronically via the City’s Procurement Portal by clicking on “Draft Response” via https://procurement.opengov.com/portal/phoenix/projects/281222. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed
Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.
It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.
For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.
Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.
2.12. Withdrawal of Offer
At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s Procurement Portal.
2.13. Offer Results
Offers will be opened on the offer due date, time and location indicated in the Schedule of Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Offers are not available for public inspection until after the City has posted the award recommendation on the City's Procurement Portal.
The City will post a preliminary offer tabulation on the City's Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/281222 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its Offer, each Offeror agrees that this posting of the award recommendation to the City's Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors.
2.14. Minimum Qualifications
Offeror must have been in operation a minimum of ten years. The Offeror’s normal business activity during the past ten years will have been for providing the goods or services in this solicitation, or else the City may determine that the offer is non-responsive, or the Offeror is non-responsible. This information must be provided in Vendor Questionnaire section, under Years in Business and References form of this solicitation.
2.15. Certificates of Insurance
Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.
2.16. Award of Contract
Unless otherwise indicated, award(s) will be made to responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.
Factors that may be considered by the City include:
Technical capability of the Offeror to accomplish the scope of work required in the Solicitation. This may include performance history on past and current government or industrial contracts; and,
Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,
Safety record; and,
Offeror history of complaints and termination for convenience or cause.
Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.
A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.
2.17. Solicitation Transparency Policy
Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation.
As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.
Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.
With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.
This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.
“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.
2.18. Protest Process
Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.
Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.
Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.
Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s Procurement Portal to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the City’s full and final discretion.
All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:
Identification of the solicitation number;
The name, address and telephone number of the protester;
A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;
The form of relief requested; and
The signature of the protester or its authorized representative.
The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the Procurement Officer.
2.19. Public Record
All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the Procurement Officer as confidential provided the Offeror clearly labels the information “confidential.” To the extent necessary for the evaluation process, information marked as “confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Offeror in writing of any request to view any portion of its Offer marked “confidential.” The Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure. If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.
2.20. Late Offers
Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the Offeror that its Offer was disqualified for being a late Offer.
2.21. Right to Disqualify
The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Offeror.
2.22. Performance Bond
A performance surety in the amount of $8,000,000 shall be provided by the Contractor immediately after notice of award. The City of Phoenix will not issue a written purchase order or give notice to proceed in any form until the surety is received by the Procurement Officer. The performance surety must be in the form of a bond, cashier's check, certified check or money order. Personal or company checks are not acceptable unless certified. If surety is in the form of a bond, the company issuing the surety must be authorized by the Insurance Department of Arizona to transact business in the State of Arizona or be named on the approved listing of non-admitted companies. A Certificate of Deposit (CD) issued by a local Phoenix bank may also be used as a form of surety provided that the CD is issued jointly in the name of the City of Phoenix and the Contractor, and that the Contractor endorses the CD over to the City at the beginning of the contract period. Interest earnings from the CD can be retained by the Contractor.
2.23. Contract Award
The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.
2.24. Determining Responsiveness and Responsibility
Offers will be reviewed for documentation of minimum qualifications, completeness, and compliance with the Solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.
Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers (as the case may be) will render an Offer nonresponsive.
Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and an Offer that includes unacceptable exceptions, conditions, reservations, or understandings may be rejected as nonresponsive. Alternatively, the City in its sole discretion may instruct in writing that any Offeror remove the conditions, exceptions, reservations or understandings. If the Offeror fails to do so in writing, the City may determine the Offer to be nonresponsive.
Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Contractor, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Contractor. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.
The Procurement Officer will review each Offer to determine if the Offeror is responsible. The City’s determination as to whether an Offeror is responsible will be based on all information furnished by the Offeror, interviews (if any), and information received from Offeror’s references, including information about Offeror’s history, terminations for convenience or cause, contract breach lawsuits or notices of claim and any other sources the City deems appropriate. Award of the Contract resulting from the solicitation will not be made until any necessary investigation, which each Offeror agrees to permit by submitting its Offer, is made by the City as it deems necessary. A review of responsibility may occur up to contract award.
The Offeror’s unreasonable failure to promptly supply information about an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such Offeror.
2.25. Clarifications
The City may request written clarifications for such purposes as information gathering or eliminating minor informalities in offers. Clarifications shall not otherwise afford the Offerors the opportunity to alter or change their offers.
2.26. Equal Low Offer
Contract award will be made by putting the names of the tied vendors in a cup for a blind drawing limited to those bidders with tied offers. If time permits, the offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses.
2.27. Evaluation of Competitive Sealed Offers
The City will use its discretion in applying the following processes to this solicitation. Any ties in scoring will be resolved with a best and final price request and the lowest price will prevail.
2.28. Detailed Evaluation of Offers and Determination of Competitive Range
The City will appoint an Evaluation Panel, which may consist of City staff, staff from other City departments or transit agencies, and other persons. The City may also appoint a Technical Advisory Team to provide technical assistance to the Evaluation Panel. The Technical Advisory Team may consist of City staff, staff from other City departments or transit agencies, and other persons. The Technical Advisory Team will review the technical portion of each offer for compliance with the RFP specifications. The Procurement Officer will chair the Evaluation Panel, serving in a non-voting capacity.
During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the overall consensus score. The overall consensus scores will determine the Offerors’ rankings and which Offers are within the Competitive Range, when appropriate.
2.29. Offers Not Within the Competitive Range
The City may notify Offerors of Offers that the City determined are not in the Competitive Range.
2.30. Discussions with Offerors in the Competitive Range
The City will notify each Offeror whose Offer is in the Competitive Range or made the ‘short list’ and provide in writing any questions or requests for clarification to the Offeror. Each Offeror so notified may be interviewed by the City and asked to discuss answers to written or oral questions or provide clarifications to any facet of its Offer. The Offerors in the competitive range may be required to provide a demonstration of their product.
Demonstrations - Offerors in the competitive range may be invited to construct a hands-on sample or presentation of their solution at the City of Phoenix. In addition, each finalist may prepare and deliver a presentation of their proposed solution based on the script developed by the evaluation panel. The City may also require a hands-on lab demonstration designed specifically for the evaluation panel. The results of the surveys will be tabulated and delivered to the evaluation team for the final review and solution selection session(s).
If an Offer in the Competitive Range contains conditions, exceptions, reservations or understandings to or about any Contract or Solicitation Scope requirement, the City may discuss or negotiate the conditions, exceptions, reservations or understandings during these meetings. But the City in its sole discretion may reject any and all conditions, exceptions, reservations and understandings, and the City may instruct any Offeror to remove the conditions, exceptions, reservations or understandings. If the Offeror fails to do so, the City may determine the Offer is nonresponsive, and the City may revoke its determination that the Offer is in the Competitive Range.
To the fullest extent permitted by law, the City will not provide any information, financial or otherwise, to any Offeror about other Offers received in response to this solicitation. During discussions with Offerors in the Competitive Range, the City will not give Offerors specific prices or specific financial requirements that Offerors must meet to qualify for further consideration. The City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Offerors will not be told of their relative rankings before Contract award.
2.31. Best and Final Offers (BAFO)
A BAFO is an option available for negotiations. Each Offeror in the Competitive Range, which is determined in the City’s sole discretion, may be afforded the opportunity to amend its Offer and make one BAFO.
If an Offeror’s BAFO modifies its initial Offer, the modifications must be identified in the BAFO. The City will evaluate BAFOs based on the same requirements and criteria applicable to initial Offers. The City will adjust appropriately the initial scores for criteria that have been affected by offer modifications made by a BAFO. Based on the criteria defined in the solicitation as weighted, the City will then perform final scoring and prepare final rankings.
The Evaluation Panel will recommend the Offer that is the best value and most advantageous to the City based on the evaluation criteria.
The City reserves the right to make an award to an Offeror whose Offer is the highest rated, best value, and most advantageous to the City based on the evaluation criteria, without conducting written or oral discussions with any Offeror, without negotiations, and without soliciting BAFOs.
3. Standard Terms and Conditions
3.1. Definition of Key Words Used in the Solicitation
Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.
Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information.
May: Indicates something that is not mandatory but permissible.
For purposes of this solicitation, the following definitions will apply:
“A.R.S.” Arizona Revised Statute
“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation. The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the Contractor's performance under this contract.
"City" The City of Phoenix
"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.
"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.
“Days” Means calendar days unless otherwise specified.
“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.
“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).
“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.
“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.
“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.
“Suppliers” Firms, entities or individuals furnishing goods or services to the City.
“Vendor or Seller” A seller of goods or services.
3.2. City’s Vendor Self-Registration and Notification
Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.
Vendors are required to register in the City’s procurePHX Self-Registration System (https://eprocurement.phoenix.gov/irj/portal) prior to contract execution. Registration is not required at the time of offer submission. However, the City will not execute a contract with any awarded vendor until registration is complete.
3.3. Business in Arizona
The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.
3.4. Contract Interpretation
Applicable Law: This Contract will be governed by the law of the State of Arizona, and suits pertaining to this Contract will be brought only in Federal or State courts in Maricopa County, State of Arizona.
Contract Order of Precedence: In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:
Federal terms and conditions, if any
Special terms and conditions
Standard terms and conditions
Amendments
Statement or scope of work
Specifications
Attachments
Exhibits
Instructions to Contractors
Other documents referenced or included in the Solicitation
Organization – Employment Disclaimer: The Agreement resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and will save and hold the City harmless with respect thereto.
Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.
Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.
Parol Evidence: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.
3.5. Contract Administration and Operation
Records: All books, accounts, reports, files and other records relating to the contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract. Such records will be produced at a City of Phoenix office as designated by the City. Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements Contractor has in place.
Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix City Code Chapter 18, Article V as amended. Any Contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-contractor agreements or subleases of this agreement entered into by supplier/lessee.
Equal Employment Opportunity and Pay: In order to do business with the City, Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Contractor will direct any questions in regard to these requirements to the Equal Opportunity Department, (602) 262-6790.
For a Contractor with 35 employees or fewer: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor further agrees that this clause will be incorporated in all subcontracts, Contractor agreements or subleases of this agreement entered into by supplier/lessee.
For a Contractor with more than 35 employees: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-Contractor agreements or subleases of this Agreement entered into by supplier/lessee. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.
Documentation: Suppliers and lessees may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.
Monitoring: The Equal Opportunity Department shall monitor the employment policies and practices of suppliers and lessees subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.
Legal Worker Requirements: The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that:
Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A.
A breach of a warranty under paragraph 1 will be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract.
The City of Phoenix retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 1.
Health, Environmental, and Safety Requirements: The Contractor’s products, services and facilities will be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City. At the request of City representatives, the Contractor will provide the City:
Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the Contractor in this contract.
A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or notice of violations issued against their firm or their subcontractors including dates, reasons, dispositions and resolutions.
The City will have the right, but not the obligation to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by the Contractor or subcontractor. The City will also have the right to inspect operations conducted by the Contractor or subcontractor in the performance of this agreement. The City further reserves the right to make unannounced inspections of the Contractor’s facilities (during normal business hours).
Compliance with Laws: Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether they are being referred to by the City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance. Because the contractor will be acting as an independent contractor, the City assumes no responsibility for the Contractor’s acts.
Lawful Presence Requirement: Pursuant to A.R.S. §§ 1-501 and -502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot establish that he or she is lawfully present in the United States. In order to establish lawful presence, this person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. In the event the prevailing responder is unable to satisfy this requirement, the City will offer the award to the next-highest scoring responder. The law does not apply to fictitious entities such as corporations, partnerships and limited liability companies.
Continuation During Disputes: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the contract, the Contractor will continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.
Emergency Purchases: The City reserves the right to purchase from other sources those items which are required on an emergency basis and cannot be supplied immediately from stock by the Contractor.
Electronic Signatures: Electronic signatures are valid under Arizona law. Either or all parties may execute this Agreement by scanned or electronic signature, and any such scanned or electronic signature shall be deemed an original, valid, and binding signature if issued with proper signature authority.
3.6. Governing Law; Forum; Venue
This Agreement is executed and delivered in the State of Arizona, and the substantive laws of the State of Arizona (without reference to choice of law principles) will govern their interpretation and enforcement. Any action brought to interpret or enforce any provision of this Agreement that cannot be administratively resolved, or otherwise related to or arising from this Agreement, will be commenced and maintained in the state or federal courts of the State of Arizona, Maricopa County, and each of the parties, to the extent permitted by law, consents to jurisdiction and venue in such courts for such purposes.
3.7. Audit/Records
The City reserves the right, at reasonable times, to audit Contractor’s books and records relative to the performance of service under this Agreement. All records pertaining to this Agreement will be kept on a generally accepted accounting basis for a period of five years following termination of the Agreement.
If, following an audit of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor will be liable for reimbursement of the reasonable, actual cost of the audit.
3.8. Independent Contractor Status; Employment Disclaimer
The parties agree that Contractor is providing the Services under this Agreement on a part-time and/or temporary basis and that the relationship created by this Agreement is that of independent contractors. Neither Contractor nor any of Contractor’s agents, employees or helpers will be deemed to be the employee, agent, or servant of the City. The City is only interested in the results obtained under this Agreement; the manner, means and mode of completing the same are under the sole control of Contractor.
This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in this Agreement. The parties agree that no individual performing under this Agreement on behalf of Contractor will be considered a City employee, and that no rights of City Civil Service, City retirement or City personnel rules will accrue to such individual. Contractor will have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and will save and hold harmless the City with respect thereto.
3.9. Contract Changes
Contract Amendments: Whenever an addition, deletion or alteration to the Services described in the SCOPE OF WORK section substantially changes the Scope of Work thereby materially increasing or decreasing the cost of performance, a supplemental agreement must first be approved in writing by the City and Contractor before such addition, deletion or alteration will be performed. Changes to the Services may be made and the compensation to be paid to Contractor may be adjusted by mutual agreement, but in no event may the compensation exceed the amount authorized without further written authorization. It is specifically understood and agreed that no claim for extra work done or materials furnished by Contractor will be allowed except as provided herein, nor will Contractor do any work or furnish any materials not covered by this Agreement unless first authorized in writing. Any work or materials furnished by Contractor without prior written authorization will be at Contractor’s risk, cost and expense, and Contractor agrees to submit no claim for compensation or reimbursement for additional work done or materials furnished without prior written authorization.
Non-Assignability: This Agreement is in the nature of a personal services contract and Consultant shall have no power to assign this Agreement, including any right, duty, or obligation of Consultant under this Agreement, without the prior written consent of the City. Consultant shall not subcontract with any third party for any component of the Services without the prior written consent of the City. Any attempt to assign or subcontract without the City’s prior written consent shall be void. An essential consideration provided to the City by Consultant to induce the City to enter into the Agreement is Consultant's representation that the individual(s) performing services shall include Consultant's principals as selected through the Qualified Vendor solicitation process. Therefore, should such named individual(s) sever their relationship with Consultant, or otherwise be unavailable to carry out Consultant's duties under this Agreement for a period of time deemed to be excessive by the City in its sole and absolute discretion, then the City may, without notice, immediately terminate this Agreement for cause.
Non-Exclusive Contract: Any contract resulting from this solicitation will be awarded with the understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like goods or services from another source when necessary.
3.10. Risk of Loss and Liability
Title and Risk of Loss: The title and risk of loss of material or service will not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction will not release seller from any obligation hereunder.
Acceptance: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Noncompliance will conform to the cancellation clause set forth in this document.
Force Majeure: Except for payment of sums due, neither party will be liable to the other nor deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure will not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition. If either party is delayed at any time in the progress of the work by force majeure, the delayed party will notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and will specify the causes of such delay in such notice. Such notice will be hand-delivered or mailed certified-return receipt and will make a specific reference to this provision, thereby invoking its provisions. The delayed party will cause such delay to cease as soon as practicable and will notify the other party in writing when it has done so. The time of completion will be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this contract.
Loss of Materials: The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the City.
Contract Performance: Contractor will furnish all necessary labor, tools, equipment, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the scope, or elsewhere in this Agreement. The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City will notify the Contractor. The Contractor will have 30 days from that time to correct any specific instances of unsatisfactory performance, unless a different amount of time is specified in the agreement. In the event the unsatisfactory performance is not corrected within the time specified, the City will have the immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the agreement for default.
Damage to City Property: Contractor will perform all work so that no damage to the building or grounds results. Contractor will repair any damage caused to the satisfaction of the City at no cost to the City. Contractor will take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor will repair and finish to match existing material as approved by the City at Contractor's expense.
3.11. City's Contractual Rights
Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five days, the demanding party may treat this failure as an anticipatory repudiation of this contract.
Non-Exclusive Remedies: The rights and remedies of the City under this Contract are non-exclusive.
Default in One Installment to Constitute Breach: Each installment or lot of the agreement is dependent on every other installment or lot and a delivery of non-conforming goods or a default of any nature under one installment or lot will impair the value of the whole agreement and constitutes a total breach of the agreement as a whole.
On Time Delivery: Because the City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Contractor.
Default: In case of default by the Contractor, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the Solicitation and/or Performance Bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law.
Covenant Against Contingent Fees: Seller warrants that no person or selling agent 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 employers or bona fide established commercial or selling agencies maintained by the seller for the purpose of securing business. For breach or violation of this warranty, the City will have the right to annul the contract without liability or in its discretion to deduct from the contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee.
Cost Justification: In the event only one response is received, the City may require that the Contractor submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the Offer price is fair and reasonable.
Work Product, Equipment, and Materials: All work product, equipment, or materials created or purchased under this contract belongs to the City and must be delivered to the City at City’s request upon termination of this contract. Contractor agrees to assign to City all rights and interests Contractor may have in materials prepared under this contract that are “works for hire” within the meaning of the copyright laws of the United States, including any right to derivative use of the material.
3.12. Contract Termination
Gratuities: The City may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this contract is canceled by the City pursuant to this provision, the City will be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.
Conditions and Causes for Termination:
This contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty-day written notice to Contractor. The City at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the City will be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Seller will submit detailed cost claims in an acceptable manner and will permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.
Immediately upon receiving a written notice to terminate or suspend Services, Contractor will:
Discontinue advancing the work in progress, or such part that is described in the notice.
Deliver to the City all collected raw data, draft reports, preliminary reports, working papers, estimates and forecasts entirely or partially completed, together with all unused materials supplied by the City.
Appraise the work it has completed and submit its appraisal to the City for evaluation.
Be paid in full the pro rata value for services performed to the date of its receipt of the Notice of Termination, including reimbursement for all reasonable costs and expenses incurred by Contractor in terminating the work, including demobilization of field service. No payment will be made for loss of anticipated profits or unperformed services.
The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:
In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract;
In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract;
In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality;
Contractor fails to furnish the required service and/or product within the time stipulated in the contract;
In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or gives the City a positive indication that Contractor will not or cannot perform to the requirements of the contract.
Final Payment: The City shall make final payment for all Services performed and accepted within sixty (60) days after Contractor has delivered to the City any final progress reports, documentation, materials and evidence of costs and disbursement as required under this Agreement.
Temporary Suspension. The City may, by written notice, direct Consultant to suspend performance on all or any part of the Services for such period of time as may be determined by the City to be necessary or desirable for its convenience. If such suspension causes additional expense to Consultant in performance, and such additional expense is not due to fault or negligence of Consultant, the payment will be adjusted on the basis of actual costs resulting directly from the suspension, and the period for performance of the Services will be extended by mutual agreement. Any claim by Consultant for a price adjustment must be supported by appropriate documentation asserted promptly after Consultant has been notified to suspend performance.
Contract Cancellation: All parties acknowledge that this contract is subject to cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised Statutes.
3.13. Notice
Any notice, consent or other communication (“Notice”) required or permitted under this Agreement will be in writing and either: (1) delivered in person; (2) sent via e-mail, return receipt requested; (3) sent via facsimile transmission; (4) deposited with any commercial air courier or express delivery service; or (5) deposited in the United States mail, postage prepaid.
Notices to the City shall be sent to: City of Phoenix Public Transit Department, 302 N. 1st Avenue, Suite 900, Phoenix, Arizona 85003 or PTDProcurement@phoenix.gov
Notice to Contractor shall be sent to the person at the mailing address, email address, or fax number listed by Contractor in its Offer Page
3.14. Integration
This Agreement constitutes and embodies the full and complete understanding and agreement of the parties hereto and supersedes all prior understandings, agreements, discussions, proposals, bids, negotiations, communications, and correspondence, whether oral or written. No representation, promise, inducement or statement of intention has been made by any party hereto which is not embodied in this Agreement, and no party will be bound by or liable for any statement of intention not so set forth.
3.15. Conflicts of Interest
Contractor acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure this Agreement upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the Phoenix City Council or any employee of the City has any financial interest in the consulting firm. For breach of violation of this warranty, the City will have the right to annul this Agreement without liability, including any such commission, percentage, brokerage or contingent fee.
The City reserves the right to immediately terminate the contract in the event that the City determines that Contractor has an actual or apparent conflict of interest.
Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the City for the purpose of securing this Agreement, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Agreement, the City may, by one calendar day written notice to Contractor, terminate the right of Contractor to proceed under this Agreement, provided that the existence of the facts upon which the City made such finding will be an issue and may be litigated in an Arizona court of competent jurisdiction. In the event of such termination, the City will be entitled to the same remedies against Contractor as could be pursued in the event of default by Contractor.
This Agreement is subject to the requirements of Arizona Revised Statutes §38-511.
3.16. Waiver of Claims for Anticipated Profits
Contractor waives any claims against the City and its officers, officials, agents and employees for loss of anticipated profits caused by any suit or proceeding, directly or indirectly, involving any part of this Agreement.
3.17. State and Local Transaction Privilege Taxes
In accordance with state and local law, transaction privilege taxes may be applicable to this transaction. The state and local transaction privilege (sales) tax burden and legal liability to remit taxes are on the Contractor that is conducting business in Arizona and the City of Phoenix. Any failure by the Contractor to collect applicable taxes from the City will not relieve the Contractor from its obligation to remit taxes. It is the responsibility of the prospective bidder to determine any applicable taxes. The City will look at the price or offer submitted and will not deduct, add or alter pricing based on any taxes, nor will the City provide advice or guidance. If you have questions regarding your tax liability, please seek advice from a tax professional prior to submitting your Offer. You may also find information at https://www.phoenix.gov/finance/plt or https://www.azdor.gov/Business. Once your Offer is submitted, the Offer is valid for the time specified in this Solicitation, regardless of mistake or omission of tax liability. If the City finds over payment of a project due to tax consideration that was not due, the Contractor will be liable to the City for that amount, and by contracting with the City, the Contractor agrees to remit any overpayments back to the City for miscalculations on taxes included in an offer price.
3.18. Tax Indemnification
Contractor will pay all federal, state and local taxes applicable to its operation and any persons employed by the Contractor, and require the same of all subcontractors. Contractor will hold the City harmless from any responsibility for: taxes, penalties and interest, if applicable, contributions required under federal, and/or state and local laws and regulations, and any other costs including unemployment compensation insurance, Social Security and Worker's Compensation, and require the same of all subcontractors.
3.19. Tax Responsibility Qualification
Contractor may be required to establish, to the satisfaction of City, that any and all fees and taxes due to the City or the State of Arizona for any License or Transaction Privilege taxes, Use Taxes or similar excise taxes, are currently paid (except for matters under legal protest). Contractor agrees to a waiver of the confidentiality provisions contained in the City Finance Code and any similar confidentiality provisions contained in Arizona statutes relative to State Transaction Privilege Taxes or Use Taxes. Contractor agrees to provide written authorization to the City Finance Department and to the Arizona Department of Revenue to release tax information relative to Arizona Transaction Privilege Taxes or Arizona Use Taxes in order to assist the Department in evaluating Contractor's qualifications for and compliance with contract for duration of the term of contract.
3.20. No Israel Boycott
If this Contract is valued at $100,000 or more and requires Contractor (a company engaging in for-profit activity and having ten or more full-time employees) to acquire or dispose of services, supplies, information technology, or construction, then Contractor must certify and agree that it does not and will not boycott goods or services from Israel, pursuant to Title 35, Chapter 2, Article 9 of the Arizona Revised Statutes. Provided that these statutory requirements are applicable, Contractor by entering this Contract now certifies that it is not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of goods or services from Israel.
3.21. No Forced Labor of Ethnic Uyghurs
If this Contract requires Contractor (a company engaging in for-profit activity and having ten or more full-time employees) to acquire or dispose of services, supplies, information technology, goods, or construction, then pursuant to Title 35, Chapter 2, Article 10 of the Arizona Revised Statutes Contractor must certify and agree that it and any contractors, subcontractors, or suppliers it utilizes do not and will not use the forced labor of ethnic Uyghurs in the People’s Republic of China or any goods or services produced by such forced labor. Provided these statutory requirements are applicable, Contractor, by entering this Contract, now certifies it is not currently engaged in, and agrees for the duration of the Contract to not engage in, (a) the use of forced labor of ethnic Uyghurs in the People’s Republic of China; (b) the use of any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (c) the use of any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
3.22. Advertising
Except as required by law, Contractor shall not publish, release, disclose or announce to any member of the public, press, official body, or any other third party any information or documents concerning this Agreement or any part thereof without the prior written consent of the City. The name of any City site on which services are performed by the Contractor pursuant to this Agreement shall not be used in any advertising or other promotional context by Contractor without the prior written consent of the City. Please refer to the Aviation Department's Contractor Communication Procedures at https://www.skyharbor.com/airport-business/on-airport-business/consultants-contractors-tenants/.
3.23. Strict Performance
Failure of either party to insist upon the strict performance of any item or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract, or by law, will not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.
3.24. Authorized Changes
The City reserves the right at any time to make changes in any one or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment will be deemed waived unless asserted in writing within sixty days from the receipt of the change. Price increases or extensions of delivery time will not be binding on the City unless evidenced in writing and approved by the Chief Procurement Officer prior to the institution of the change.
3.25. Claims or Demands Against the City
Contractor acknowledges and accepts the provisions of Chapter 18, Section 14 of the Charter of the City of Phoenix, pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, and Contractor agrees to adhere to the prescribed procedure for presentation of claims and demands. Nothing in Chapter 18, Section 14 of the Charter of the City of Phoenix alters, amends or modifies the supplemental and complementary requirements of the State of Arizona Notice of Claim statutes, Arizona Revised Statutes §§ 12-821 and 12-821.01, pertaining to claims or demands against the City. If for any reason it is determined that the City Charter and state law conflict, then state law will control.
Moreover, nothing in this Agreement will constitute a dispute resolution process, an administrative claims process, or contractual term as used in Arizona Revised Statutes § 12-821.01(C), sufficient to affect the date on which the cause of action accrues within Arizona Revised Statutes § 12-821.01(A) and (B).
3.26. No Third-Party Beneficiaries
The parties expressly agree that this Agreement is not intended by any of its provisions to create any right of the public or any member thereof as a third-party beneficiary nor to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement.
3.27. Contractor Requirements for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace
Any Contractor whose employees and contract workers perform work in an outdoor environment under this contract must keep on file a written heat safety plan. The City may request a copy of this plan and documentation of all heat safety and mitigation efforts currently implemented to prevent heat-related illnesses and injuries in the workplace. The plan must also be posted in English and Spanish on a bulletin board in a break room where it is accessible to employees. If a Contractor does not have a break room, the heat safety plan must be physically placed in a conspicuous location in the workplace where notices to employees are customarily posted. The heat safety plan must also include a contact number of the contractor that all employees and contract workers can call if they need to inquire or report any heat safety issues and contain language that the contractor will not retaliate against any employee or contract worker who reports an alleged heat safety violation or who otherwise avails themselves of the protections provided in this article. At a minimum, the heat safety and mitigation plan and documentation required under this provision shall include each of the following as it relates to heat safety and mitigation:
Availability of sanitized cool drinking water free of charge at locations that are accessible to all employees and contract workers.
Ability to take regular and necessary breaks as needed and additional breaks for hydration.
Access to shaded areas and/or air conditioning.
Access to air conditioning in vehicles with enclosed cabs. Beginning on April 1, 2026, all Contractors shall regularly monitor vehicles to ensure all vehicles with enclosed cabs have properly functioning air conditioning per the manufacturer specifications. The heat safety and mitigation plan shall include how the Contractor will monitor vehicle air conditioning to comply with this subsection.
Effective acclimatization practices to promote the physiological adaptations of employees or contract workers newly assigned or reassigned to work in an outside environment.
Conduct training and make it available and understandable to all employees and contract workers on heat illness and injury that focuses on the environmental and personal risk factors, prevention, how to recognize and report signs and symptoms of heat illness and injury, how to administer appropriate first aid measures and how to report heat illness and injury to emergency medical personnel.
The Contractor further agrees that this clause will be incorporated in all subcontracts with subcontractors, sublicensees or sublessees who may perform labor or services in connection with this contract. Additionally, the Contractor agrees to require all subcontractors, sublicensees or sublessees to include this clause in all contracts with any third party who is contracted to perform labor or services in connection with this contract. It is the obligation of the Contractor to ensure compliance by its subcontractors.
4. Special Terms and Conditions
4.1. Term of Contract
The term of this Agreement will be for 5 years, beginning on the Commencement Date, with one two-year option to extend, which may be exercised by the City in its sole discretion.
4.2. Price
All prices offered shall be firm and fixed for the entire term of the contract. Price decrease requests do not require supporting documentation and are allowed at any time during the contract term.
4.3. Method of Ordering
Contractor shall deliver items and/or services only upon receipt of a written purchase order. All Contractor invoices and packing/delivery tickets must include the City of Phoenix purchase order number.
4.4. Method of Invoicing
Invoice must be emailed in .pdf format to invoices@phoenix.gov and must include the following:
City purchase order number or shopping cart number
Items listed individually by the written description and part number
Unit price, extended and totaled
Quantity ordered, back ordered, and shipped
Applicable tax
Invoice number and date
Delivery address
Payment terms
FOB terms
Remit to address
If applicable, retail and cost after margin discount/change shall be conspicuously set forth on all invoices. Both the list price and resulting net price must be included.
4.5. Method of Payment
Payment to be made from Contractor’s invoice and a copy of the signed delivery/service ticket submitted to cover items received and accepted during the billing period.
4.6. Partial Payments
Partial payments are not authorized on individual purchase orders. Payment will be made upon final delivery and acceptance of all goods and services on the purchase order.
4.7. Supplier Profile Changes
It is the responsibility of the Contractor to promptly update their profile in procurePHX at https://www.phoenix.gov/procure. If Contractor’s legal identity has changed, the Procurement Officer must be notified immediately. Failure to do so may result in non-payment of invoices and contract termination.
4.8. Suspensions of Work
The City reserves the right to suspend work wholly or in part if deemed necessary for the best interest of the City. This suspension will be without compensation to the Contractor, other than to adjust the contract completion/delivery requirements.
4.9. Hours of Work
All work under this contract shall be coordinated with the City’s authorized Department representative. Any changes to the established schedule must have prior written approval by the City’s authorized Department representative.
4.10. Post Award Conference
A post-award conference will be held prior to commencement of any work on the project. The purpose of this conference is to discuss critical elements of the work schedule and operational problems and procedures.
4.11. Performance Interference
Contractor shall notify the City’s authorized Department representative immediately of any occurrence and/or condition that interferes with the full performance of the contract and confirm it in writing within 24 hours.
4.12. Exclusive Possession
All services, information, computer program elements, reports, and other deliverables which may be created under this contract are the sole property of the City of Phoenix and will not be used by the Contractor or any other person except with prior written permission by the City.
4.13. Licenses and Permits
Contractor will keep current Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract.
4.14. Miscellaneous Fees
Additional charges for fuel surcharges, delivery charges, dealer prep, environmental fees, waste disposal, shop supplies, set-up, freight and/or shipping and handling, etc. will not be paid. These costs must be incorporated in the pricing provided.
Labor rates (Shop and On-site) shall be charged as a flat hourly rate and are allowed only in performance of services under this agreement. Travel hours and other incidental fees will not be permitted under this agreement. Labor hours will be from “check-in” to “check-out” at the worksite.
4.15. Contacts with Third Parties
Contractor or its subcontractors will not contact third parties to provide any information in connection to the Services provided under this Agreement without the prior written consent of the City. Should Contractor or its subcontractors be contacted by any person requesting information or requiring testimony relative to the Services provided under this Agreement or any other prior or existing Agreement with the City, Contractor or its subcontractors will promptly inform the City giving the particulars of the information sought and will not disclose such information or give such testimony without the written consent of the City or court order. The obligations of Contractor and its subcontractors under this Section will survive the termination of this Agreement.
Contractor agrees that the requirements of this Section will be incorporated into all subcontractor agreements entered into by the Contractor. It is further agreed that a violation of this Section will be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.
4.16. Small Business Utilization
The City extends to each individual, firm, vendor, supplier, contractor and subcontractor an equal economic opportunity to compete for City business and strongly encourages voluntary utilization of small businesses. The use of such businesses is encouraged whenever practical.
4.17. Fiscal Year Clause
The City’s fiscal year begins July 1st and ends June 30th each calendar year. The City may make payment for services rendered or costs encumbered only during a fiscal year and for a period of 60 days immediately following the close of the fiscal year, under the provisions of Arizona Revised Statutes §42-17108. Therefore, Contractor must submit billings for services performed or costs incurred prior to the close of a fiscal year within ample time to allow payment within this 60-day period.
4.18. Final Payment
PAYMENT: The City will make final payment for all Services performed and accepted within 60 days after Contractor has delivered to the City any final progress reports, documentation, materials and evidence of costs and disbursement as required under this Agreement. Any use by the City of preliminary reports, raw data or other incomplete material returned by Contractor will be at the City’s sole risk for such use.
TEMPORARY SUSPENSION: The City may, by written notice, direct Contractor to suspend performance on all or any part of the Services for such period of time as may be determined by the City to be necessary or desirable for its convenience. If such suspension causes additional expense to Contractor in performance, and not due to fault or negligence of Contractor, the payment will be adjusted on the basis of actual costs resulting directly from the suspension, and the period for performance of the Services will be extended by mutual agreement. Any claim by Contractor for a price adjustment must be supported by appropriate documentation asserted promptly after Contractor has been notified to suspend performance.
4.19. Professional Competency
QUALIFICATIONS: Contractor represents that it is familiar with the nature and extent of this Agreement, the Services, and any conditions that may affect its performance under this Agreement. Contractor further represents that it is fully experienced and properly qualified, is in compliance with all applicable license requirements, and is equipped, organized, and financed to perform such Services.
LEVEL OF CARE AND SKILL: Services provided by Contractor will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing in the same industry under similar conditions. Acceptance or approval by the City of Contractor’s work will in no way relieve Contractor of liability to the City for damages suffered or incurred arising from the failure of Contractor to adhere to the aforesaid standard of professional competence.
4.20. Specific Performance
Contractor agrees that in the event of a breach by Contractor of any material provision of this Agreement, the City will, upon proper action instituted by it, be entitled to a decree of specific performance thereof according to the terms of this Agreement. In the event the City will elect to treat any such breach on the part of Contractor as a discharge of the Agreement, the City may nevertheless maintain an action to recover damages arising out of such breach. This paragraph is not intended as a limitation of such other remedies as may be available to the City under law or equity.
4.21. Documentation
DISSEMINATION AND RETENTION: There will be no dissemination or publication of any information gathered, or documents prepared in the course of the performance of the Services without the prior written consent of the City. Should the City, upon advice of counsel, deem it necessary, due to existing or anticipated litigation, to assert a legal privilege of protection and non-disclosure with regard to the subject matter of this Agreement, then, and in that event, upon written demand, Contractor will relinquish to the possession and control of the City its entire file related to this Agreement and only those portions of said file deemed by the City to be not privileged will be returned to Contractor pending the resolution of the existing or anticipated litigation.
FORMAT AND QUALITY: All documents prepared by Contractor will be prepared in a format and at a quality approved by the City.
DOCUMENT REVIEW: Contractor will review all documents provided by the City related to the performance of the Services and will promptly notify the City of any defects or deficiencies discovered in such review.
SUBMITTALS: Contractor will provide timely and periodic submittals of all documents required of Contractor, including subcontracts, if any, as such become available to the City for review.
4.22. Public Records
Notwithstanding any provisions of this Agreement regarding confidentiality, secrets, or protected rights, the Contractor acknowledges that all documents provided to the City may be subject to disclosure by laws related to open public records. Consequently, the Contractor understands that disclosure of some or all of the items subject to this Agreement may be required by law.
In the event City receives a request for disclosure that is reasonably calculated to incorporate information that might be considered confidential by Contractor, the City agrees to provide the Contractor with notice of that request, which shall be deemed given when deposited by the City with the USPS for regular delivery to the address of the Contractor specified in their proposal. Within ten days of City notice by the City, the Contractor will inform the City in writing of any objection by the Contractor to the disclosure of the requested information. Failure by the Contractor to object timely shall be deemed to waive any objection and any remedy against the City for disclosure.
In the event the Contractor objects to disclosure within the time specified, the Contractor agrees to handle all aspects related to request, including properly communicating with the requestor and timely responding with information the disclosure of which the Contractor does not object thereto. Furthermore, the Contractor agrees to indemnify and hold harmless the City from any claims, actions, lawsuits, or any other controversy or remedy, in whatever form, that arises from the failure to comply with the request for information and the laws pertaining to public records, including defending the City in any legal action and payment of any penalties or judgments. This provision shall survive the termination of this Agreement.
4.23. Hiring of Each Other's Personnel
Without the prior written consent of the other party, each party shall not actively target for hire personnel of the other party through the term of this Agreement and for six (6) months after the expiration or termination of the last Statement of Work executed by the parties. This prohibition does not apply to or affect in any way the City's standard recruitment processes. The City will not pay a fee or owe any compensation whatsoever to the Contractor if Contractor's employee files an employment application, competes successfully and is hired into a City position. Individuals who are employed by Contractor agency and who are on assignment at the City may file an application for regular City employment and be considered on the same merits and qualifications as would all other applicants. For this reason, compensation to Contractor would not be appropriate and not incurred if such worker succeeds in the selection process and is appointed to a regular City position.
4.24. Liquidated Damages
If the Contractor fails to deliver the supplies or perform the services within the time specified in its contract, or any extension thereof, the actual damages to the City for the delay will be difficult or impossible to determine. Therefore, in lieu of actual damages, the Contractor shall pay to the City as fixed, agreed and liquidated damages for each calendar day of the delay, or per instance, the amount as referenced in the Scope of Work. The City may terminate this contract in whole or in part as provided in the “Default” provision. In that event, the Contractor shall be liable for such liquidated damages accruing until the City may reasonably obtain delivery or performance of similar supplies and services. The Contractor shall not be charged with liquidated damages when the delay arises out of causes beyond its control and without fault or negligence, as determined by the City. The City will be the sole judge in determining the liquidated damages.
4.25. Communication in English
It is mandatory that the Contractor’s lead person assigned to any City facility can speak, read, and write in English to effectively communicate with City staff.
4.26. Contractor Assignments
The Contractor hereby agrees that any of its employees who may be assigned to a City site to satisfy obligations under this contract shall be used exclusively for that purpose during the hours when they are working in areas covered by this contract and shall perform no work at other City facilities. If other services, in addition to or separate from, the services specified herein, may be deemed necessary by the Chief Procurement Officer or his authorized representative, the Contractor may be requested to perform the additional or special service.
4.27. Transition of Contract
Contractor will, without limitation, provide important information to a successor Contractor and the City to ensure continuity of service at the required level of proficiency and agrees to provide to the City all files, supplies, data, records, and any other properties or materials of the City, which the City owns or has rights to pursuant to this contract and which are in the possession of Contractor. The provisions of this section will survive the expiration or termination of this contract.
4.28. Types of Work Supervision
The Contractor shall provide onsite supervision and appropriate training to assure competent performance of the work. Contractor or authorized agent will make sufficient daily routine inspections to ensure the work is performed as required by this contract.
4.29. Background Screening
Contractor agrees that all Contractor and subcontractors’ workers (collectively “Contract Worker(s))” pursuant to this Agreement will be subject to background and security checks and screening (collectively “Background Screening”) at Contractor’s sole cost and expense, unless otherwise provided for in the scope of work. Contractor’s background screening will comply with all applicable laws, rules and regulations. Contractor further agrees that the background screening is necessary to preserve and protect the public health, safety and welfare. The City requires a completed Contract Worker Badge/Key/Intrusion Detection Responsibilities Agreement for each Contract Worker who requires a badge or key.
4.30. Background Screening Risk Level
The City has established two levels of risk: Standard and Maximum risk. If the scope of work changes, the City may amend the level of risk, which could require the Contractor to incur additional contract costs to obtain background screens or badges.
4.31. Terms of This Section Applicable to all Contractor’s Contracts and Subcontracts
Contractor will include Contract Worker background screening in all contracts and subcontracts for services furnished under this agreement.
4.32. Materiality of Background Screening Requirements; Indemnity
The background screening requirements are material to City’s entry into this agreement and any breach of these provisions will be deemed a material breach of this contract. In addition to the indemnity provisions set forth in this agreement, Contractor will defend, indemnify and hold harmless the City for all claims arising out of this background screening section including, but not limited to, the disqualifications of a Contract Worker by Contractor. The background screening requirements are the minimum requirements for the Agreement. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of the Contractor’s services under this Agreement or Contractor’s failure to comply with this section. Therefore, Contractor and its Contract Workers will take any reasonable, prudent and necessary measures to preserve and protect public health, safety and welfare when providing services under this Agreement.
4.33. Continuing Duty; Audit
Contractor’s obligations and requirements will continue throughout the entire term of this Agreement. Contractor will maintain all records and documents related to all background screenings and the City reserves the right to audit Contractor’s records.
4.34. Variances and Exemptions
Contract Workers who fall under the following areas may be considered exempt from this policy:
Federal Homeland Defense Bureau.
Transportation Security Administration.
Federal Aviation Administration.
Department of Public Safety (DPS) Administration – presenting a current Level One Department of Public Safety fingerprint card.
Arizona or other State Bars.
Other background checks performed within the last three to five years may be approved if they fit all required criteria herein, at the City’s discretion.
4.35. Contractor’s Default; Liquidated Damages; Reservation of Remedies for Material Breach
If Contractor is required to access any City facilities without an escort, City badging is required. Contractor’s default under this section will include, but is not limited to, the following:
Contract Worker gains access to a City facility(s) without the proper badge or key;
Contract Worker uses a badge or key of another to gain access to a City facility;
Contract Worker commences services under this agreement without the proper badge, key or background screening;
Contract Worker or Contractor submits false information or negligently submits wrong information to the City to obtain a badge, key or applicable background screening; or
Contractor fails to collect and timely return Contract Worker’s badge or key upon termination of Contract Worker’s employment, reassignment of Contract Worker to another City facility or upon the expiration, cancellation or termination of this Agreement.
Contractor acknowledges and agrees that the access control, badge and key requirements in this section are necessary to preserve and protect the public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default under this section within three business days (excluding weekends and City holidays) from the date notice of default is sent by the City. The parties agree that Contractor’s failure to properly cure any default under this section will constitute a breach of this section. In addition to any other remedy available to the City at law or in equity, the Contractor will be liable for and pay to the City the sum of $1,000.00 for each breach by Contractor in this section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this agreement if Contractor breaches this section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City’s actual damages if Contractor breaches this section. The parties further agree that three breaches by Contractor in this section arising out of any default within a consecutive period of three months or three breaches by Contractor in this section arising out of the same default within a period of 12 consecutive months will constitute a material breach of this agreement by Contractor and the City expressly reserves all of its rights, remedies and interests under this agreement, at law and in equity including, but not limited to, termination of this agreement.
4.36. Employee Identification and Access
Contract Workers are forbidden access to designated restricted areas. Access to each building will be as directed by the authorized Phoenix authorized representative. Contract Workers are not authorized access other than during scheduled hours. Access to the building will be directed by the City's authorized representative.
Only authorized Contract Workers are allowed on the premises of the City facilities/buildings. Contract Workers are not to be accompanied in the work area by acquaintances, family members, assistants or any other person unless said person is an authorized Contract Worker.
Unless otherwise provided for in the scope of work:
Contract Workers must always have city issued badges and some form of verifiable company identification (badge, uniform, employee id).
Contractor will supply a list of the names and titles of all employees requiring access to the buildings. It is the Contractor's responsibility to provide updates and changes of personnel as necessary.
4.37. Key Access Procedures
If the Contractor Worker’s services require keyed access to enter a City facility(ies), a separate key issue/return form must be completed and submitted by the Contractor for each key issued. Contractor must submit the completed key issue/return form to the appropriate badging office.
Stolen or Lost Badges or Keys
Contractor must immediately report lost or stolen badges or keys to the City’s appropriate badging office. If the badge/key was stolen, Contract Worker’s must report the theft to their local police department. Prior to issuance of a new badge or key, a new badge application or key issue form must be completed, submittal of a police department report for stolen badges, and applicable payment of the fee(s) listed herein.
Return of Badge or Key
All badges and keys are the property of the City and must be returned to the City at the badging office within one business day (excluding weekends and City holidays) of when the Contract Worker’s access to a City facility is no longer required to furnish the services under this agreement. Contractor will collect a Contract Worker’s badge and key(s) upon the termination of the Contract Worker’s employment; when the Contractor Worker’s services are no longer required at a City facility(s); or upon termination, cancellation or expiration of this agreement.
Badge and Key Fees
Refer to Exhibit FF – Security Access & Control
The following constitute the badge and key fees under this agreement, which shall be paid for at the Contractor’s sole cost and expense, unless otherwise provided for in the scope of work. The City reserves the right to amend these fees upon a 30-day prior written notice to Contractor.
Initial Badge Fee: $55.00 per application
Replacement Badge Fee: $55.00 per badge
Lost/Stolen Badge Fee: $55.00 per badge
Replacement Key Fee: $55.00 per key
Replacement Locks: $55.00 per lock
4.38. Background Screening – Maximum Risk
Determined Risk Level: The current risk level and background screening required is MAXIMUM RISK.
Maximum Risk Level: A maximum risk background screening will be performed every five years when the Contract Worker’s work assignment will:
work directly with vulnerable adults or children, (under age 18); or
any responsibility for the receipt of payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or
unescorted access to:
City data centers, money rooms, high-value equipment rooms; or
unescorted access to private residences; or
access to critical infrastructure sites/facilities; or
direct or remote access to Criminal Justice Information Systems (CJIS) infrastructure.
Requirements: The background screening for maximum risk level will include a background check for real identity/legal name and will include felony and misdemeanor records from any county in the United States, the State of Arizona, plus any other jurisdiction where the Contractor worker has lived at any time in the preceding seven years from the Contract Worker’s proposed date of hire. In addition, Maximum screening levels may require additional checks as included herein, depending on the scope of work, and may be amended if the scope of work changes.
4.39. Additional Maximum Risk Background Checks
Maximum screening will additionally require:
Credit Check (for cash handling, accounting, and compliance positions only)
Driving records (for driving positions only)
Fingerprint verification (when Contract Worker is working directly with children or vulnerable adults or scope takes the individual to a City location with Criminal Justice Information System (CJIS) access.)
4.40. Maximum Risk Background Criminal Justice Information Services (CJIS) Check Must Include
Criminal records - Conviction of a misdemeanor(s) (not including traffic or parking violation) or felony(ies).
Sexual offender search
All outstanding warrants
Currently the focus of a criminal investigation
Currently on parole or probation
4.41. Contractor Certification; City Approval of Maximum Risk Background Screening
Unless otherwise provided for in the Scope of Work, Contractor will be responsible for:
determining whether Contract Worker(s) are disqualified from performing work for the City for maximum risk level background checks; and,
submitting pass/fail results to the City for approval; and,
reviewing the results of the background check every three to five years, dependent on scope; and,
to engage in whatever due diligence is necessary to make the decision on whether to disqualify a Contract Worker; and,
Submitting the list of qualified Contract Workers to the contracting department; and,
If, upon review of the background information, the City will advise the Contractor if it believes a Contract Worker should be disqualified. The Contractor will evaluate the Contract Worker and if the Contractor believes that there are extenuating circumstances that suggest that the person should not be disqualified, the Contractor will discuss those circumstances with the contracting department. The contracting department decision on disqualification of a Contract Worker is final.
For sole proprietors, the Contractor must comply with the background check for himself and any business partners, or members or employees who will assist on the contract and for whom the requirements of the Agreement apply.
By executing this agreement, Contractor certifies and warrants that Contractor has read the background screening requirements and criteria in this section, and that all background screening information furnished to the City is accurate and current.
The City final documented decision will be an “approve” or “deny” for identified Contract Workers.
The City will not keep records related to background checks once they are confirmed. Information to verify the results will be returned to the Contractor, or any contracted agency that assists with review, after the City’s completed review.
By executing this agreement, Contractor further certifies and warrants that Contractor has satisfied all such background screening requirements for the maximum risk background screening, and verified legal worker status, as required.
Contract Workers will not apply for the appropriate City of Phoenix identification and access badge or keys until Contractor has received the City’s written acceptance of Contract Worker’s maximum risk background screening. The City may, in its sole discretion, accept or reject any or all the Contract Workers proposed by Contractor for performing work under this Agreement. A Contract Worker rejected for work at a maximum risk level under this agreement will not be proposed to perform work under other city contracts or engagements without city’s prior written approval.
For any childcare or health worker positions, or Criminal Justice Information Systems access in the scope of work, Contractor is required to send the City updated background checks every three years.
The Contractor will submit prior to scheduling any services, a current list of names, addresses, and social security numbers of all employees requiring access to the facility. The Contractor is responsible for obtaining security clearance from the Police Department for all employees. The City reserves the right to change the restricted areas as needed. The Contractor grants the rights to the Police Department to conduct background checks of all employees entering the building. All employees will submit to the background check before access to the facility is given.
The background checks will be conducted prior to any employee entering to work and will be based upon information provided to the Police Department including, but not limited to: name, address, date and place of birth, social security number, INS number if applicable, and a copy of a valid photo identification. The information will be provided to the City’s authorized Department representative at least five business days (excluding weekends and holidays) in advance of the need for access. The form will be provided by the City’s authorized Department representative. The City’s authorized Department representative will conduct the security check.
The City may, at any time, in its sole discretion, refuse to allow an employee access to an area for any of the following reasons, but not limited to:
Conviction of a felony.
Conviction of a misdemeanor (not including traffic or parking violation).
Any outstanding warrants (including traffic and parking violations).
A person currently on parole or probation.
A person currently involved in an investigation.
4.42. Confidentiality
“Confidential Information” means all non-public, sensitive, or proprietary information disclosed or made available by City to Contractor or its affiliates, employees, contractors, partners, or agents (collectively “Recipient”), whether disclosed before or after the Effective Date, whether disclosed orally, in writing, or via permitted electronic access, and whether or not marked, designated, or otherwise identified as confidential. Confidential Information includes, but is not limited to: user contents, electronic data, meta data, employment data, network configurations, information security practices, strategic plans, financial accounts, protected personal data, protected health information, protected criminal justice information, and any other information that by the nature and circumstance of the disclosure should be deemed confidential. Confidential Information does not include this document or information that: (a) is now or subsequently becomes generally available to the public through no wrongful act or omission of Recipient; (b) Recipient can demonstrate by its written records to lawfully have had in its possession prior to receiving such information from the City; (c) Recipient can demonstrate by its written records to have been independently developed by Recipient without direct or indirect use of any Confidential Information; (d) Recipient lawfully obtains from a third party who has the right to transfer or disclose it; or (e) the City has approved in writing for disclosure.
Recipient shall: (a) protect and safeguard Confidential Information with at least the same degree of care as Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, such as ensuring data is encrypted in transit and at rest and maintaining appropriate technical and organizational measures in performing the services under the Agreement; (b) not use Confidential Information, or permit it to be accessed or used, for any purpose other than in accordance with the Agreement; (c) not use Confidential Information, or permit it to be accessed or used, in any manner that would constitute a violation of law, including without limitation export control and data privacy laws; and (d) not disclose Confidential Information except to the minimum number of recipients who have a need to know and who have been informed of and agree to abide by confidentiality obligations that are no less restrictive than the terms of this Agreement. If Recipient is required by law or court order to disclose any Confidential Information, Recipient will first give written notice to the City and provide the City with a meaningful opportunity to seek a protective order or limit disclosure.
Upon the City’s written request or expiration of this Agreement, whichever is earlier, Recipient shall, at no additional costs to the City, promptly return or destroy all Confidential Information belonging to the City that Recipient has in its possession or control. After return or destruction of the Confidential Information, Recipient shall certify in writing as to its compliance with this paragraph.
If applicable, Contractor agrees to comply with all City information technology policies and security standards, as may be updated from time to time, when accessing City networks and computerized systems whether onsite or remotely.
A violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may at the City’s discretion result in immediate termination of the Agreement without notice. The obligations of Contractor under this Section shall survive the termination of the Agreement.
4.43. Data Protection
The parties agree this Section shall apply to the City’s Confidential Information and all categories of legally protected personally identifiable information (collectively “City Data”) that Contractor processes when providing products or services to the City. “Personally identifiable information” is defined as in the Federal Privacy Council’s Glossary available at: https://www.fpc.gov/resources/glossary/.
As between the parties, the City is the data controller and owner of City Data and Contractor is a data processor. In this Section, the term “process,” “processing,” or its other variants shall mean: an operation or set of operations which is performed on City Data, whether or not by automated means, including without limitation: collection, recording, copying, analyzing, caching, organizing, structuring, storage, adaptation, alteration, retrieval, transmission, dissemination, alignment, combination, restriction, erasure, or destruction.
When Contractor processes City Data, Contractor shall, at no additional cost to the City:
process City Data only within the United States, only for the intended purpose of providing the products or services to the City, and not for Contractor’s own purposes, including product research, product development, marketing, or commercial data mining, even if the City Data has been aggregated, anonymized, or pseudonymized;
not input City Data into an artificial intelligence tool or prompt, unless expressly permitted by the City;
implement and maintain appropriate technical and organizational measures to protect City Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure, including at a minimum, and as applicable, those measures specified by the National Institute of Standards and Technology (NIST) SP800-53; NIST Privacy Framework; NIST AI Risk Management Framework; Arizona Revised Statutes (A.R.S.) § 18-552 (Notification of security system breaches); A.R.S. § 44-7601 (Discarding and disposing of records containing personal identifying information); Health Information Technology for Economic and Clinical Health (HITECH) Act; Payment Card Industry Data Security Standards; and good industry practice; (When considering what measures are appropriate and in line with good industry practice, Contractor shall keep abreast of current regulatory trends in data security and the state of technological development to ensure a level of security appropriate to the nature of the data to be protected and the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction, damage, theft, alteration or disclosure. At minimum, Contractor will timely remediate any vulnerabilities found within its network that are rated medium or more critical by the Common Vulnerability Scoring System (CVSS); however, Contractor must remediate vulnerabilities that are rated critical within 14 days and vulnerabilities that are rated high within 30 days. If requested by the City, Contractor shall promptly provide a written description of the technical and organizational methods it employs for processing City Data.)
as applicable, implement and maintain appropriate policies and procedures to manage payment card service providers with whom Contractor shares sensitive financial information or cardholder data; and provide the City with a Qualified Security Assessor Attestation of Compliance for Payment Card Industry Data Security Standards on an annual basis, but no later than within 30 days of attestation report completion;
not subcontract the processing of City Data to any third party (including affiliates, group companies or sub-contractors) without providing notice to the City and allowing the City a reasonable opportunity to object;
ensure that any permitted sub-processor appointed by Contractor abide by data protection obligations that are no less restrictive than the terms of this Section; and remain fully liable to the City for the processing of City Data conducted by a sub-processor appointed by Contractor;
take reasonable steps to ensure the competence and reliability of Contractor’s personnel or sub-processor who have access to the City Data, including verifications and background checks appropriate to the security level required for such data access;
maintain written records of all information reasonably necessary to demonstrate Contractor’s compliance with this Agreement and applicable laws;
allow the City or its authorized agents to conduct annual audit inspection for compliance with this Section; provided however, the City may at its sole discretion accept a qualified and industry recognized independent third-party assessment report or certification (such as SSAE 18 SOC 2 Type 2 or ISO/IEC 27001) provided by Contractor at no cost to the City in lieu of the audit inspection rights of this Section.
If Contractor becomes aware of a security incident as defined by A.R.S. § 18-551 affecting City Data in the custody or control of Contractor or its sub-processor (each an “Incident”), Contractor shall notify the City at SOC@phoenix.gov without undue delay within 48 hours; and:
provide the City with a detailed description of the Incident, the type of data that was the subject of the Incident, and the identity of each affected person as soon as such information can be collected or otherwise becomes available;
act immediately, at Contractor’s own expense, to investigate the Incident and to identify, prevent, and mitigate the effects of the Incident and to carry out any recovery or other action necessary to remedy the Incident;
cooperate with the City in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or as otherwise required by the City; and
not directly contact any individuals who may be impacted by the Incident or release or publish any filing, communication, notice, press release, or report concerning the Incident without the City’s prior written approval (except where required to do so by applicable laws).
In addition to, and not in lieu of, all other rights and remedies available to the City, Contractor will defend, indemnify, and hold the City harmless against all losses, claims, costs, attorneys’ fees, damages or proceedings arising out of Contractor’s breach of this Section. A violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may at the City’s discretion result in immediate termination of the Agreement without notice. The obligations of Contractor under this Section shall survive the termination of the Agreement.
4.44. Security Inquiries
Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall, at Contractor’s expense, be subject to background and security checks and screening at the request of the City. Contractor shall perform all such security inquiries and shall make the results available to the City for all employees considered for performing work (including supervision and oversight) under this Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion, accept or reject any or all of the employees proposed by the Contractor for performing work under this Contract. Employees rejected by the City for performing services under this Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under this Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior approval.
The City, in its sole discretion, reserves the right, but not the obligation to:
require an employee/prospective employee of the Contractor to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information pursuant to A.R.S. 41-1750 (G) (4);
act on newly acquired information whether or not such information should have been previously discovered;
unilaterally change its standards and criteria relative to the acceptability of Contractor’s employees and/or prospective employees; and
object, at any time and for any reason, to an employee of Contractor performing work (including supervision and oversight) under this Agreement. Contractor will bear the costs of all inquiries requested by the City.
4.45. Intellectual Property Rights
The Contractor hereby irrevocably transfers, conveys, and assigns to the City all right, title, and interest (including any and all copyrights) in any software and other technology assets created pursuant to or as a result of this Agreement (collectively, the “Work Product”). The City shall have the exclusive right to apply for or register any copyrights and other proprietary protections with respect to the Work Product. The Contractor shall execute such documents, render such assistance, and take such other action as the City may reasonably request, at the City’s reasonable expense, to apply for, register, perfect, confirm, and protect the City’s foregoing ownership interests and copyright and other proprietary protections. To the extent that the foregoing transfer does not provide the City with full ownership, right, title, and interest in and to the Work Product, the Contractor hereby grants the City a perpetual, irrevocable, fully paid, royalty-free, worldwide license to reproduce, create derivative works from, distribute, publicly display, publicly perform, and use the Work Product, with the right to transfer and/or sublicense each and every such right. The rights granted in this section will survive any termination or expiration of this Agreement.
4.46. Air Pollution Emergency Proclamation
The City requires Contractors to provide information with their submittal, to the extent practicable, the amount of reactive organic compounds in their products. The City requires Contractors to also identify any products with special storage requirements or special hazards such as, reactive, temperature, or shock sensitive, dangerous when wet or with other unusual hazards.
Contractor should advise the Procurement Officer of any substitute products which contain either no reactive organic compounds or an amount less than that contained in the product(s) specified in this solicitation. This notification should be provided at least ten days prior to the solicitation due date.
4.47. Environmental Preferred Products
The City of Phoenix has adopted a Sustainable Purchasing Policy https://www.phoenix.gov/oep/spp-about in an effort to protect human health and the environment, reduce operating expenses, and reduce potential liability associated with the use of hazardous materials.
Where applicable, the chemical products selected for use during the services provided under this contract shall avoid physical and health hazards by adhering to either of the following requirements:
EITHER meet the most current criteria of one of the following standards, as applicable:
EPA’s Safer Choice,
Green Seal GS-11 (paints & coatings),
GS-34 (cleaning/degreasing agents)
GS-36 (commercial adhesives),
GS-37 (institutional cleaners),
or GS-40 (institutional floor care)
OR, meet each of the following criteria:
(pH) greater than 2.5 and less than 12.
Flashpoint greater than 150 degrees F
National Fire Prevention Association (NFPA) or Hazardous Materials Identification System (HMIS) rating of 2 or less in each category.
Maximum of 50 g/L or 5% by weight volatile organic compound (VOC) content or comply with the California Air Resources Board’s maximum allowable VOC limit for consumer products (listed at California Code of Regulations 94507-94517).
Contain no known carcinogens, reproductive toxins, persistent bioaccumulative toxins (PBTs), or ozone-depleting substances.
Contain no hazardous waste toxins listed at 40 CFR 261.24 at concentrations that could require regulation of the material as a toxicity-characteristic hazardous waste.
The City maintains the right to request that Contractors supply certification of compliance with the above. SDS’s shall be provided to the City upon request. SDS’s shall be provided with the solicitation when specified in the scope of work or offer instructions.
4.48. Equipment / Safety
The Contractor shall be responsible for providing and for the placement of barricades, tarps, plastic, flag tape, and other safety traffic control equipment required to protect its employees, the public, surrounding areas, equipment and vehicles. The flow of vehicular traffic shall not be impeded at any time during this project. The safety of the Contractor’s employees and the public is of prime concern to the City and the Contractor must take all necessary steps to assure proper safety during the performance of the Contractor.
4.49. OSHA Laws and Regulations
Emergency Spill Response Plan: Where applicable, Contractor shall determine whether products selected could require an emergency spill response plan for any hazardous material used. If such determination is made, a plan for directing employees in proper response procedures must be submitted. At a minimum, the response plan must address the following:
Provide a description of equipment on site available to contain and/or respond to an emergency/spill of the material.
Notification procedures.
Response coordination procedures between Contractor and the City.
Provide a Site Plan showing the location of stored hazardous materials and location of spill containment/response equipment.
Provide a description of the training provided to the Contractor employees.
Hazardous Materials Storage and Labeling Specifications: Where applicable, Contractor shall, to the satisfaction of the City of Phoenix’s environmental representative, properly and safely store all hazardous materials, which shall include as a minimum, the following:
Have a designated storage site for hazardous material, which includes secondary containment.
Provide signage approved by the City of Phoenix’s environmental representative clearly identifying the hazardous materials storage site. Signage must be in language understood by Contractor’s on-site employees.
All hazardous materials containers must be labeled according to OSHA requirements and bear applicable NFPA or HMIS labels.
OSHA Guideline Compliance: Where applicable, Contractor shall comply with all applicable Federal, State, City and local laws, regulations and rules including, but not limited to:
Safety Data Sheets – Contractor shall furnish to the City’s Department copies of Safety Data Sheets (SDS), or all products used, prior to beginning service in any facility. Contractor must update copies of the SDS on an annual basis. In addition, each time a new chemical or cleaning product is introduced into any facility, a copy of that product’s SDS must be provided prior to the product being used in any facility. The Safety Data Sheets must be in compliance with OSHA Regulation 1910.1200, paragraph g.
Labeling of Hazardous Materials – Contractor shall comply with the OSHA Regulation 1910.1200 paragraph f, concerning the labeling of all chemical containers
Caution Signs – Contractor shall use caution signs as required by OSHA Regulation 1910.144 and 1910.145 at no cost to the City. Caution signs must be on-site during each scheduled cleaning.
Blood Borne Pathogens – Contractor shall comply with OSHA Standard 29CFR 1910.1030 Blood Borne Pathogens as it pertains to the training, safety, and equipment needed for all employees engaged in contracted service. Contractor shall be responsible for compliance on date of contract acceptance and shall provide proof to the City’s Department.
Proof of compliance with OSHA regulation 1910.1200, Hazard Communication, shall be provided to the City’s Department, upon commencement of this Contract, and reviewed by the Department Safety Analyst for verification. Failure of the Contractor or their employees to comply with all applicable laws and rules shall permit the City to immediately terminate resultant Contract without liability.
SDS Notebooks: Where applicable, Contractor shall maintain on the site a notebook containing current (dated within the past three years or verified as most current by manufacturer) SDS for all materials being used on site, whether or not they are defined as a Hazardous Material. The notebook shall be kept in the Contractor’s on-site storage area. The notebook must be kept up-to-date as materials are brought onto and removed from the site. A complete copy of the SDS notebook shall also be provided to the City. New products must be approved for use by the City by providing a copy of the product’s SDS for review and approval.
Non-Hazardous Materials Labeling Specifications: Where applicable, the Contractor shall clearly label all packaged products, whether or not they are classified as Hazardous Materials under this Section. If any such unlabeled containers are discovered on the Site, the City’s environmental representative will notify the Contractor and Contractor will within one hour clearly label the container or remove it from the site. Any containers that are filled from larger containers must also be labeled.
Offsite Storage of Hazardous Materials: Where applicable, the City encourages storage of hazardous materials off site until the materials are needed on site. Solvent based strippers and cleaners will NOT be stored on City property.
Hazardous Materials Management Program Documentation: The Contractor shall make all required documentation available immediately upon request of the City’s environmental representative. The Contractor shall also provide the City’s environmental representative with copies of all permits obtained from environmental regulatory agencies.
Contractor Training Requirements: The Contractor shall provide requested copies of the company’s written Hazardous Communications Program to the City of Phoenix that satisfies requirements listed under sections e, f, g, and h of 29 CFR 1910.1200, Hazard Communications. The Contractor must demonstrate how employees are trained in the proper use, storage, and disposal of chemical products and wastes in a language understood by the Contractor’s on-site employees.
4.50. Additional Replacement and Repair Parts
All replacement/repair parts and labor shall be guaranteed for a minimum of one year. The Contractor shall maintain a sufficient supply of maintenance and repair parts to maintain only those vehicles listed in this contract. Any repetitive repair for the same problem within one year will be at no cost to the City. Following the expiration of any express or implied warranty applicable to those items, goods or equipment furnished to the City under this contract, Contractor agrees to supply the City (as well as its agents, representatives, contractors and hires) with in-stock repair and replacement parts carrying a full manufacturer’s warranty at a cost that shall not exceed the cost it would charge if it were contracted to service or install those repair and replacement parts. The Contractor will guarantee that stock of replacement parts specified in this agreement is available locally. Captive parts must be available within 48 hours following the placement of order. If special handling and/or freight are required, the Contractor will assume all charges unless pre-approved by the City. Failure to supply parts within seven calendar days from order date may be cause for cancellation of agreement.
A list of recommended captive parts that the City should maintain in its inventory shall be provided by the Contractor. This list should include wearable items (example: wiper blades, brakes) and all necessary parts used for preventive maintenance (example: oil, and filters). Parts should be listed by their part numbers and description.
Each repair will be invoiced separately, with all parts and labor on the same invoice within 24 hours of final quality assurance inspection. Invoice must include the authorization number (PO), location, and date of service, in addition to all parts and labor, and a summary of problems found and repairs performed.
4.51. Administration Policy For Warranty Policy
The City will provide the appropriate documentation to the Contractor for warranty processing including work orders and original invoice copies. If there are any additional requirements or documents the Contractor requires they will be supplied to the City after award of the Offer. The documentation will be delivered along with the warranty part(s) to the Contractor for processing. The Contractor has a period of 90 days from the date of submittal to determine the outcome of the claim and to reimburse the City.
4.52. Decals
Decals or markings of any type pertaining to advertisement other than the manufacturer’s name and model designation normally installed by the manufacturer shall not be attached to any vehicle or equipment.
4.53. Emission Requirements
Engines, model, accessories and options offered, main and auxiliary (if required), must meet or exceed the Federal Emissions Standards in place at the time the purchase order is issued. Vehicles offered must be the current model in production at the time the purchase order is issued. If the model year offered is a future production model, the Federal Emissions Standard in place at the time of production is required.
5. Scope of Work
5.1. SERVICE OVERVIEW
5.1.1. Service Area
The City of Phoenix Public Transit Department (CITY) provides fixed-route bus services within the Phoenix area that extends to other parts of the region. This RFP may not encompass the entire service area but will cover portions of Phoenix, Glendale, Peoria and Scottsdale. In coordination with the Valley Metro Regional Public Transportation Authority (RPTA), the CITY and RPTA’s total service area (operating under the name Valley Metro) currently encompasses the metropolitan Phoenix area including but not limited to Maricopa County and the cities of Avondale, Buckeye, Chandler, El Mirage, Fountain Hills, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Queen Creek, Scottsdale, Surprise, Tempe, Tolleson, and Youngtown.
The current service area is shown on the Valley Metro website: valleymetro.org/maps-schedules/system-map.
5.1.2. Adjustment to Service
The CITY reserves the right to adjust service at any time, with written notice to the CONTRACTOR. Modifications to services may include, but are not limited to, extending, terminating, deleting, or adding routes or parts of routes, and adjusting route service, frequency, or service span. Scheduled revenue miles and platform hours are determined by the CITY. See related service Exhibit A - Estimated Bus Miles and Hours (Excluding Relief Vehicles); Exhibit B - Block Detail Report; Exhibit C - Bus Detailed Miles and Hours; Exhibit D - Bus Spare Ratio; Exhibit E - Headway Report; Exhibit F - Peak Vehicles.
5.1.3 Service Hours/Days
While fixed service hours may vary by route and jurisdiction, the CITY strives to provide a uniform service span within its jurisdiction that allows for seamless transfer between routes for passengers. The CITY’s fixed route service hours (first trip and last trip departure time) are approximately 4 a.m. to 11 p.m. on Monday through Friday; and 5 a.m. to 11 p.m. on Saturday, Sunday, and Holidays. Current details by route can be found at: Hours of Service | Valley Metro
The CITY reserves the right to adjust service hours at any time during the term of the Agreement. Written notice of any such adjustment will be provided by the CITY.
5.1.4. Saturday, Sunday, and Holiday Schedule
The CITY reserves the right to operate modified service as it deems appropriate for weekend and holiday schedules. Written notice of any such modification will be provided by the CITY to CONTRACTOR or discussed in detail between the parties during joint Service Planning meetings. The current weekend and holiday service schedule can be found at: Hours of Service | Valley Metro.
In coordination with RPTA, the CITY operates certain holidays (i.e., day or observed) at a Sunday service level including but not limited to: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
5.1.5 Passenger Service and Community Engagement
The CITY’s residents and transit passengers are not simply customers who consume transit services; they are active partners who play a substantive, collaborative, and responsible role in co‑creating the CITY’s public transit system. Both the CITY and the RPTA recognize regional residents and passengers as partners in every interaction. This partnership strengthens the principles of good customer service and builds a fuller, more equal, and more engaged relationship with the community.
The CONTRACTOR’s mission is to provide a transit environment that is pleasant, comfortable, safe, and engaging for passengers, whether they are on board in‑service buses or at transit facilities such as bus stops, transit centers, and park‑and‑ride locations. The CONTRACTOR must also ensure that transit operations and employee conduct reflect respect for residents, their homes, and businesses, thereby reinforcing the CITY’s commitment to community engagement and customer service.
5.1.6 Innovation and Collaboration:
As advancements occur in the transit industry, CONTRACTOR is encouraged, at any time during its agreement with the City, to submit an innovation or collaboration proposal for consideration by the CITY. After review by the CITY, proposals will either be approved for implementation or denied by the City, at its sole discretion, in accordance with the requirements of Section 3.9 - Contract Changes (“Addition or Deletion of Services”). Proposals may cover any, or multiple, aspects of the transit industry and should be considered for submission by Contractor if such proposals result in:
Improved quality of life for transit workers relative to workforce schedules and the retention and recruitment of personnel.
Improvements to transit services provided to the public, including integration with other transportation modes (light rail, bike share, micromobility, other bus lines), microtransit integration, autonomous vehicle pilots, and demand-responsive services.
Further integration of technology during the provision of service (GPS vehicle tracking, real-time vehicle arrival data, mobile ticketing proficiency).
Lower costs or other efficiencies to the provision of transit services.
Advancements in the use of the technological systems used to deliver or monitor transit operations in the region, including data sharing and open data formats for integration with City systems.
Sustainable practices such as the implementation of new propulsion systems (battery electric, hybrid electric) planned during the duration of this contract; fuel efficiency targets; workforce development strategies or apprenticeships needed in conjunction with the implementation of newer propulsion systems.
Equitable provision of service, including service to underserved areas of the city and multilingual communications during the provision of services.
Positive labor relations and practices and an established record of working with employee groups.
Or other areas the Contractor is proficient in which would result in improvements or advancements in the provision of transit services or the quality of life for transit personnel.
5.2. SERVICE DESCRIPTION
General Information
This Contract provides for fixed-route services operated from the CITY’s North and South Transit Facilities. The transit services currently operated from these facilities are approximately 44,900 miles of Fixed Route Service on Weekdays, 31,900 miles on Saturdays, and 31,900 miles on Sundays/holidays. Estimated total annual revenue miles are 15,095,700 (see Exhibit A – Estimated Bus Miles and Hours).
The CITY may adjust service levels to support additional service or reductions in service. Any such changes will be provided to the CONTRACTOR with sufficient notice to meet all scheduling and work‑selection obligations. The CITY will make every effort to align total hour changes with revenue‑mile changes to support efficient and reliable transit service delivery. See Exhibit G - History of Miles & Hours (revenue‑miles‑to‑hours ratio) and Exhibit H - Phoenix North–South Fixed Route Speed & Efficiency Trend.
Existing service consists of twenty-seven (27) local routes, three (3) circulator routes and six (6) RAPID routes providing service to approximately 1.9 million passengers per month. Fixed route transit service included are Local Routes 0 (Central Avenue), 1 (Washington St), 7 (7th St), 8 (7th Ave), 10 (Roosevelt St), 12 (12th St), 15 (15th Ave), 16 (16th St), 19 (19th Ave), 27 (27th Ave), 28 (Lower Buckeye), 32 (32nd St/40th St), 35 (35th Ave), 39 (North 40th St), 44 (44th St/Tatum), 50 (Camelback Rd), 52 (Roeser Rd), 60 (Bethany Home Rd), 70 (24th St/Glendale Ave), 80 (Northern Ave/Shea Blvd), 90 (Dunlap Ave/Cave Creek Rd), 106 (Peoria Ave), 122 (Cactus Rd), 138 (Thunderbird Rd), 154 (Greenway Rd), 170 (Bell Rd), and 186 (Union Hills Dr/Mayo Blvd); RAPID routes I-17, SR-51, I-10 East, I-10 West, South Mountain West and East; and the SMART, ALEX, and Downtown Area Shuttle (DASH) circulator routes.
The CITY’s goals for fixed‑route transit service are to ensure that routes operate in a manner that is as direct and expeditious as practicable, are easily understood by passengers, and minimize overall travel time and service delays. CONTRACTOR shall manage and operate fixed‑route services in accordance with these goals and shall prioritize schedule adherence, reliability, clarity, customer satisfaction, and efficiency in all service planning and delivery.
5.2.1 Neighborhood Circulator Service
Neighborhood circulators are designed to operate continuously within a distinct geographic area to meet the transportation needs of specific neighborhoods. It is CONTRACTOR’s responsibility that operators be relieved without a delay, long dwell times, or disruption to this continuous service.
Neighborhood circulator service consists of three routes identified as the SMART which is dispatched out of the North transit facility, and the DASH and the ALEX which are each dispatched out of the South Facility.
SMART – The route is eight miles and operates seven days per week, Monday through Friday at approximately twelve (12) hours per day, and also Saturday through Sunday at approximately nine (9) hours per day. The no-fare service is currently operated bi-directionally at a 35-minute frequency.
ALEX – The route is twenty (20) miles and operates seven days per week, Monday through Friday at approximately thirteen (13) hours per day, and also Saturday and Sunday at approximately eight hours per day. The no-fare service is currently operated bi-directionally at a 60-minute frequency.
DASH - The route is four miles long and operates Monday through Friday approximately twelve (12) hours per day. The no-fare service is currently operated counterclockwise at 12-minute frequency.
Note: Local and RAPID buses may not be used to provide the ALEX or SMART circulator service. CONTRACTOR shall seek prior approval from the CITY before using non-circulator vehicles in the performance of these routes.
CONTRACTOR shall submit to the City, pursuant to Section 5.14.3, a monthly Neighborhood Circulator Ridership Report. This Report shall provide the monthly ridership for each neighborhood circulator route, including but not limited to the quantity of total passengers, wheelchair/mobility aid boardings, and bicycle boardings.
5.2.2 RAPID Routes
RAPID routes are routes that service only a select number of Park-and-Ride facilities along specific corridors located between outlying communities before arriving at key destinations. Some RAPID routes also service a select number of key bus stops. The current RAPID services operated from each facility are listed in Exhibit A – Estimated Bus Miles and Hours. The CITY reserves the right to modify the mix of services listed under Section 5.2 to accommodate additional service needs as required.
Note: RAPID buses shall not be used in the provision of local service. CONTRACTOR shall obtain prior approval from the CITY before assigning any non-RAPID vehicles to these routes.
5.2.3 New BRT Routes
As early as 2030, the CITY anticipates the introduction of a new Bus Rapid Transit (BRT) service on 35th Avenue/Van Buren Street followed by subsequent BRT routes. The order and timing of the initial and subsequent BRT route implementation may be revised based on future needs analysis. Introduction of BRT may require adjustments to existing local routes, as well as service adjustments and changes to operational parameters. BRT may introduce frequency-based service that prioritizes sustaining evenly-spaced headways over maintaining scheduled timepoints. BRT operations may occur within the dedicated transit lanes and in mixed-traffic, supported by integrated transit signal priority technology and infrastructure, to maintain consistent headways at BRT stations. The CITY and CONTRACTOR will adjust revenue hours and frequency assumptions prior to the initiation of the BRT service. Any changes will be made at the sole discretion of the CITY and in accordance with the terms of this contract.
Once BRT service is implemented and CONTRACTOR has begun performing such service, the CONTRACTOR shall submit to the CITY a monthly BRT Ridership Report. The BRT Ridership Report is a report of monthly ridership for each BRT route, including but not limited to the quantities of total passengers, wheelchair/mobility aid boardings, and bicycle boardings.
5.2.4 School Trippers
CONTRACTOR will also be required to operate school trippers as part of its service. School trippers shall be operated in accordance with Federal Regulations found in 49 CFR Part 605.3.
5.2.5. Special Event Service
As directed, CONTRACTOR will be required to provide special event service as requested by the CITY. These services will vary during the term of the Contract and will include using buses and personnel for special events, marketing purposes, emergency responses, and evacuations. For these events, CONTRACTOR shall provide increased levels of management, road supervision, administration, staff presence in and coordination with the CITY’s Operations Control Center (OCC), and planning and oversight during the preparations and provision of such specialized service. CONTRACTOR shall invoice the CITY separately for special event services at the established rate per service hour. CONTRACTOR shall be reimbursed for the time from leaving the transit facility to the time of return to the transit facility for each bus used. The rate per service hour shall include any ancillary services or support (e.g., road supervision, maintenance, dispatch, etc.) as required to complete each request.
5.2.6 Light Rail Bus Bridging
As directed by the CITY, CONTRACTOR will be required to periodically coordinate with the CITY and Valley Metro light rail staff to participate in the planning, training, practice exercises and implementation of bus bridging efforts during times of service interruptions or inoperability of the light rail system for any reason. Light rail bus bridging includes, but is not limited to, the transport of passengers between designated light rail stations or bus stops during service interruptions. After conducting actual bus bridges and bus bridge practice exercises, CONTRACTOR shall invoice the CITY for total hours incurred during the provision of the bus bridging services. Hours incurred during the provision of bus bridging services shall be invoiced at CONTRACTOR’S Special Event Service hourly rate. All other efforts related to light rail bus bridge planning, including classroom training and meeting attendance, are considered part of CONTRACTOR’S training program. The CITY currently estimates approximately 100 total vehicle hours, using one or more buses for bus-bridging practice exercises on a semiannual (twice per year) basis.
5.3. CITY FURNISHED VEHICLES
5.3.1 The CITY will provide CONTRACTOR with air-conditioned, accessible transit buses. The bus fleet to be managed by CONTRACTOR is currently comprised of approximately 96 diesel buses, 216 Compressed Natural Gas (CNG), 24 Hybrid-electric, and 11 unleaded gasoline fueled buses. The current inventory list of all the North and South facility revenue buses is included a Exhibit I: Fleet Inventory with Life Miles North-South. The CITY may change the number and characteristics of the vehicles during the Contract’s term.
5.3.2 The CITY will provide a Revenue Vehicle Fleet ranging in model years from 2016 to 2025. With ongoing procurements, vehicle retirements and transitions, the CITY fleet make-up will change. The CITY’s current plan for its entire fleet is to replace approximately forty (40) buses each Contract year, contingent on funding and agreements with vehicle manufacturers. The oldest and/or highest-mileage buses will be targeted for replacement from the CITY’s overall transit fleet.
5.3.3 Transit vehicles assigned to the North and South facilities shall operate using unleaded gasoline, compressed natural gas, diesel, hybrid, or battery electric power. CONTRACTOR shall ensure that all vehicles deployed from these facilities utilize only the approved fuel types specified herein and shall maintain compliance with applicable environmental and operational standards governing their use. The CITY may introduce other propulsion and/or fuel types and related infrastructure over the life of the contract.
5.3.4 CONTRACTOR shall operate and maintain, at its sole cost and expense, all vehicles provided by the CITY during the term of the Contract. The CITY shall be responsible for licensing and registering all CITY‑provided vehicles. The CITY reserves the right, at its discretion, to provide substitute, additional, or alternative vehicle types deemed suitable for service.
5.3.5 All buses provided to CONTRACTOR by the CITY will be equipped with electronic destination signs, two-way radios, mobile-data terminals/transit control head, public announcement (PA) systems, automated annunciators, electronic message signs, mobile gateway routers, automatic passenger counters, electronic fare boxes, fare validators, and bike racks.
Note: Circulator buses do not have fareboxes. Passenger counts and associated data (wheelchair boardings, bicycle boardings, etc.) are to be recorded manually by bus operators and submitted to the CITY with all other required data.
5.3.6 CONTRACTOR shall be solely responsible for ensuring emissions compliance for all vehicles under its operation, including the payment of all associated costs.
5.3.7 CONTRACTOR shall assist the CITY in identifying vehicles for retirement from Revenue Service that have reached their programmed life expectancy. The CITY will make all final determinations as to vehicle retirements and transfers. Vehicles taken out of Revenue Service must have all components and be in working condition other than normal wear and tear, unless repairs are deemed not to be cost-effective as evidenced by written authorization from the CITY.
5.3.8 The CITY requires that any vehicle with an inoperable air conditioning system, farebox, fare validator, ADA securement device, or wheelchair ramp/lift be immediately placed out of service.
5.3.9 The CONTRACTOR shall strive to maintain a spare fleet ratio of twenty percent (20%). CONTRACTOR shall address and detail compliance with this requirement in its maintenance plan and shall ensure adherence throughout the Term of the Contract.
5.4. OPERATING MODE
The CITY provides all unleaded gasoline, diesel, electricity, and Compressed Natural Gas (CNG) fuel for the operation of CITY-owned vehicles required for scheduled Revenue Service. CONTRACTOR shall provide a written report on all fuel levels to the CITY on a daily and monthly basis to assist in estimating anticipated fuel needs. The CITY shall coordinate the delivery of diesel, unleaded gasoline, natural gas, and any future fuel types to the North and South Transit Facilities.
5.4.1 CONTRACTOR will be responsible for receipt of delivery, verification of quantity, notation of fuel delivery indicators as prescribed by the CITY, discrepancies in volumes to be received and actual quantities received, validating and reporting all fuel usage, and reconciling inventories to the CITY on a regular basis, but no less than monthly, as prescribed by the CITY.
5.4.2 Contractor shall provide fuel and maintenance for all non-revenue transit vehicles, recognizing that the CITY may allow for the on-site fueling of CONTRACTOR’s non-revenue transit vehicles. The CITY will offset CONTRACTOR’s monthly invoicing for unleaded fuel usage by CONTRACTOR’s non-revenue fleet.
5.4.3 All accidents/incidents involving CITY-owned vehicles must be immediately reported to the OCC and Public Transit Department.
CONTRACTOR must immediately report all motor vehicle accidents and incidents involving the CITY’s vehicles/equipment to the OCC and Public Transit Department. All motor vehicle accidents involving the City’s vehicles/equipment must be investigated by the appropriate law enforcement agency. CONTRACTOR’s personnel should not make statements to anyone except their supervisors and the investigating law enforcement agency and avoid getting into arguments with others at the scene. The law enforcement agency will respond to the scene and determine whether to make a report. If the law enforcement agency does not make a report, CONTRACTOR’s personnel must obtain the following information before leaving the accident scene: (1) names, addresses, driver’s license numbers and phone numbers of all parties; (2) make, model, year, and license plate number of all vehicles; (3) damage to all vehicles; (4) injuries to any parties and where treated if applicable; (5) insurance company and policy numbers of all parties involved; and (6) names, addresses, and phone numbers of witnesses, if available. See also Section 5.23.8 below regarding supervisor responses to accidents.
The CONTRACTOR shall ensure that responses to accidents or incidents occur as soon as practicable but no more than thirty (30) minutes of occurrence, with supervisory staff available at all times and in adequate numbers whenever services are scheduled. The CITY reserves the right to conduct its own investigations and adherence checks without prior notice to verify CONTRACTOR compliance with this requirement.
CONTRACTOR must require its operators, at the scene of any motor vehicle accident or incident involving the CITY’s vehicles/equipment to move the vehicle/equipment, if drivable, to the side of the road out of the way of traffic prior to arrival of the appropriate law enforcement agency. If the vehicle/equipment is non-drivable, then the CONTRACTOR will be responsible to arrange for towing of the vehicle/equipment to the North or South Transit Facility, at no additional cost to the CITY. If it is safe to do so, all non-injured operators and passengers should be moved to the sidewalk or other safe location out of the roadway as soon as possible and should not be permitted to return to the vehicle/equipment to retrieve items until it is cleared by the appropriate law enforcement agency to do so.
In the event of serious, life‑threatening injuries, operators must immediately contact the OCC, which will then notify the appropriate law enforcement agency via 911. Injured persons shall not be moved, and operators must inform 911 that an ambulance is required and provide information regarding the apparent severity of the injuries.
5.4.4 For CITY-owned vehicles and equipment, CONTRACTOR shall be responsible for the following, in addition to other requirements under this contract.
CONTRACTOR will not operate any vehicles on the streets without license plates required per Arizona law.
CONTRACTOR will ensure that all CITY-owned vehicles and equipment are plainly marked with the CITY’s name/emblem and unit number. All graphics for vehicles must receive review and approval from the CITY in writing.
CONTRACTOR, before making any modifications to the CITY’s vehicles or equipment, must first submit requests for modifications to such vehicles/equipment to the CITY for review and approval in writing. The removal, deactivation, or modification of any vehicle/equipment safety device is strictly prohibited. This restriction includes, but is not limited to, operator/passenger restraints and automated warning signals or alarms.
CONTRACTOR must require its operators and passengers using the CITY’s vehicles to wear seat belts and shoulder restraints if the vehicles are so equipped. CONTRACTOR’s operators are responsible for ensuring all passengers are properly secured before putting a vehicle in motion and shall not operate vehicles in which the operator or passenger securements are inoperable or damaged.
CONTRACTOR shall require that its operators do not use cell phones or any wireless communications devices, including text messaging and hands‑free devices, while a vehicle is in motion. The sole exception shall be the reporting of an emergency to 911. The use of a cell phone is permitted only when the bus is fully stopped, and the operator is unable to contact the OCC through the CAD/AVL system to report an emergency.
CONTRACTOR must require its operators to promptly and properly pay fines for any moving and non-moving traffic citations received while using the CITY’s vehicles/equipment. In the event the CITY or CONTRACTOR receives a photo citation showing a violation by CITY-owned vehicle/equipment operated by CONTRACTOR, it is CONTRACTOR’s responsibility to investigate and identify the employee responsible for the violation and provide a response to the issuing agency within the required timeframe. If found responsible, the CONTRACTOR’s operator will be liable for all fines and associated costs.
5.4.5 Operations Control Center (OCC)
The CITY's OCC directly manages the CITY’s Revenue Vehicles in Revenue Service, Deadheading to/from Revenue Service, performing special event service, and/or holding area buses as they operate from the CITY’s transit facilities through radio and data communications. The OCC oversees all of the CITY’s Fixed-Route Services and provides several regional functions independently as well as with support from the CITY. These responsibilities include, but are not limited to: data collection, transit system monitoring and reporting, coordination of emergency services, creating onboard public service and bus stop announcements, farebox collection and malfunction reporting, providing CAD/AVL training to other agencies, and developing operational reports specific to agency-based regional transit providers’ agreements with their respective contracted fixed route transit service providers.
The OCC is managed under a separate agreement with the CITY and utilizes distinct personnel independent of the transit operations' contracts in the management of transit operations. This separate agreement does not preclude the OCC and CONTRACTOR from regularly communicating and coordinating to meet the CITY's transit performance goals. CONTRACTOR is responsible for all dispatch functions and cooperating with the OCC in order to implement any standard operating procedures, communications procedures, and collective bargaining agreement (CBA) work rules in order to maximize service efficiency.
CONTRACTOR will monitor and coordinate with the CITY’s OCC to resolve operational problems, passenger overloads, detours, identify non-revenue turnaround loop routing, and other similar issues. Decisions by CONTRACTOR, in conjunction with the CITY’s OCC, will be made in the best interest of the passenger, and every effort should be made to minimize possible impacts to service delivery, including revenue miles. Issues concerning vehicle maintenance or personnel/labor will be directed to CONTRACTOR for resolution.
Service interruptions, resolutions, and all related communications to OCC shall be conducted as quickly as possible to ensure timely customer notification. Resolution updates shall be provided proactively and without delay. The CONTRACTOR dispatcher shall notify OCC of any uncovered run no later than ten (10) minutes past the run’s sign‑on time. The CONTRACTOR shall continue efforts to cover the run until resolved. If service can be restored, the CONTRACTOR shall immediately notify OCC so previously cancelled service can be reinstated.
5.4.6 Computer-Aided Dispatch/Automatic Vehicle Locator (CAD/AVL) System
The CITY currently utilizes the Clever Devices CAD/AVL system to manage and communicate with buses while in service or in the field. This, or future CAD/AVL systems, shall be used to manage transit services by providing voice and text messaging to all equipped vehicles, tracking service miles operated, and displaying vehicle location and schedule adherence through an automatic vehicle location system integrated with a Geographic Information System (GIS). The system also tracks bus on‑time performance and collects data related to bus operations, missed service, incidents, accidents, and other notable events. CONTRACTOR shall ensure proper staff use of and training on the CAD/AVL system in accordance with CITY requirements and shall incorporate its functionality into daily operations and reporting. The CITY and CONTRACTOR shall utilize Clever Devices CAD/AVL data to provide real‑time reporting of transit operations. Such use is expected to enhance fleet performance, maintain a state of good repair, and improve the overall transit user experience. CONTRACTOR shall incorporate CAD/AVL data into its operational practices and reporting obligations and shall ensure that the system is used to support continuous improvement in service delivery and compliance with CITY performance standards. Refer to Exhibit K - Technical Requirements for further details on the requirements related to the CAD/AVL system.
5.4.7 CONTRACTOR will be responsible for the following tasks in relation to CAD/AVL maintenance:
1. CONTRACTOR shall maintain the on-board equipment to Original Equipment Manufacturer (OEM) specifications and shall be financially responsible for all maintenance/support costs associated with the non-warrantied CAD/AVL components. The CITY will supply CONTRACTOR with spare CAD/AVL components as currently maintained and warrantied by the CITY's CAD/AVL Vendor. (See Exhibit L - CAD/AVL Warrantied equipment).
2. CONTRACTOR shall be fully responsible for supplying all other CAD/AVL non-warrantied components, at CONTRACTOR’s expense, to ensure CAD/AVL-equipped vehicles are programmed and fully operational prior to placement into Revenue Service.
3. CONTRACTOR shall be financially responsible for the cost of repair or replacement of warrantied components that are missing or damaged due to misuse or vandalism as determined by the CITY.
4. CONTRACTOR shall be trained in the use of the CAD/AVL (refer to Exhibit K - Technical Requirements for further details), with day-to-day management, control and oversight of Revenue Vehicles in Revenue Service or in the field to be provided by the CITY’s Operations Control Center (OCC). CONTRACTOR’s tasks will include, but not be limited to the below:
A. Participate in all scheduled meetings and provide feedback related to the CAD/AVL system as needed. Any issues identified shall be reported in a timely manner and discussed at the scheduled meetings.
B. Coordinate with the CITY to facilitate the installation of all necessary on-board equipment.
C. Run and compile system vehicle performance reporting.
5.4.8 HASTUS – Scheduling and Dispatch System
CONTRACTOR must use the CITY’s current, or any future Scheduling and Dispatch System. The CITY and the region currently utilize GIRO - HASTUS for bus schedule development, including blocking, runcutting, rostering, and daily operations. CONTRACTOR must use the HASTUS Dispatch module as provided by the CITY. To use the HASTUS system effectively, CONTRACTOR shall also use the Bid-Web and Self-Service modules in HASTUS. For any tasks that require CONTRACTOR to provide a data feed into HASTUS, CONTRACTOR shall provide the associated data in a HASTUS-acceptable format. See Exhibit K - Technical Requirements.
5.4.9. Blocking
5.4.9.1 The CITY will provide CONTRACTOR with timetables and preliminary vehicle blocking solutions for the routes to be operated. This scheduling information will be provided electronically to CONTRACTOR. Timetables and preliminary vehicle blocking solutions are generated in HASTUS.
5.4.9.2 The CITY strives to place end-of-trip “layover” locations near establishments with public restrooms. This may not always be possible due to surrounding environments and roadway restrictions. In such cases, Contractor shall work to immediately identify alternative sites for layovers and public restroom availability for bus operators.
5.4.9.3 The CITY will make every effort to ensure a minimum of 10% layover and recovery time (or 5 minutes, whichever is greater) after each trip on the block. This requirement is not guaranteed due to roadway constraints. In the case where a minimum layover and recovery time is not possible after a trip, CITY will strive to ensure the end of the next trip has adequate recovery time.
5.4.9.4 The CITY will determine vehicle types to be assigned to routes or blocks, but changes may be requested with the CITY’s written approval.
5.4.9.5 CONTRACTOR shall review blocking provided by the CITY and provide recommendations on runtimes, deadhead times, and blocking structure that would assist with efficient and on-time service delivery for passengers.
5.4.9.6 CITY shall provide the CONTRACTOR with the required deadhead turnaround routing and designated layover locations following the preliminary blocking process. These routing assignments and locations are designed to minimize disruptions to passenger service while supporting operator well-being by ensuring adequate restroom access and appropriate time for breaks and layovers. The CONTRACTOR shall implement all assigned turnarounds and layover locations and shall proactively provide feedback to the CITY regarding any issues encountered or opportunities to improve scheduling efficiency. The CONTRACTOR shall also identify and maintain a list of restroom locations available to operators at layover points along each route and shall provide the CITY with regular updates on restroom availability. See Exhibit M - Comfort Stations.
5.4.9.7 CONTRACTOR shall ensure that final blocking solutions are provided to the CITY in an electronic HASTUS format for the purpose of accurately providing data to all peripheral systems, such as the Fare Collections System (FCS), CAD/AVL system, and other communications systems.
5.4.9.8 CONTRACTOR may modify preliminary blocks provided by the CITY for improved runcutting efficiencies, subject to CITY’s review and written approval of proposed blocking changes. See Exhibit N - Paddles, Exhibit O - Relief Vehicle Statistics, and Exhibit P - January 2026 Roster. With all information in HASTUS, the CITY will assist CONTRACTOR with production of reports, statistics, and employee bid materials, such as blocks, supervisor schedules, and operator “paddles.”
5.4.10. Runcut:
5.4.10.1 The CITY will be responsible for setting up the appropriate booking calendar in the CITY’s HASTUS environment to house timetables, blocking, runcut, and roster solutions that would be compatible with CAD/AVL system, as well as supporting the operator bidding process for bid changes that occur within the CITY’s HASTUS environment.
5.4.10.2 CONTRACTOR shall provide sufficient scheduling staff with extensive transit scheduling experience and expertise in HASTUS to collaborate with the CITY during the schedule creation process for each bid change. CONTRACTOR’s scheduling staff shall actively participate in all phases of schedule development and shall ensure that schedules are prepared in compliance with CITY standards, operational requirements, and service goals.
5.4.10.3 CONTRACTOR shall provide final runcut solution to the CITY in an electronic HASTUS format for the purpose of accurately providing data to all peripheral systems such as FCS, CAD/AVL system, and other communications systems. CONTRACTOR shall ensure the runcut solution is properly associated with the CITY’s final blocking solution.
5.4.10.4 To optimize use of the CITY’s resources, CONTRACTOR shall use the following guidelines for runcut:
Relief points should be created only at timepoints and only at locations that would avoid blocking traffic such as at transit centers or bus pullouts.
Relief points should be created at the end of revenue trips where possible to avoid delaying Revenue Service.
Relief points should require minimal travel time from the operating facilities.
Relief activity during the middle of a revenue trip shall be performed timely with minimal delay to service.
Any deviation in relief points requires CITY’s written approval.
CONTRACTOR shall not use revenue vehicles for the purpose of driver relief.
CONTRACTOR shall update deadhead times for relief car blocking and for operator travel separate from buses. CONTRACTOR may use the CITY-maintained bus deadhead times when appropriate.
5.4.11 Rostering
5.4.11.1 The CITY will be responsible for setting up the booking calendar in the CITY’s HASTUS environment to house timetables, blocking, runcut, and roster solutions that would be compatible to interface with the CAD/AVL system, as well as supporting the operator bidding process.
5.4.11.2 CONTRACTOR shall provide adequate scheduling staff with extensive transit scheduling experience in HASTUS to work with the CITY during the schedule creation process during each of the CITY’s quarterly bid changes.
5.4.11.3 CONTRACTOR shall provide final roster solution to the CITY in an electronic HASTUS format for the purpose of accurately providing data to all peripheral systems such as FCS, CAD/AVL system, and other communications systems. See Exhibit P - January 2026 Roster. CONTRACTOR shall ensure the roster solution is properly associated with the CITY’s final blocking solution and the CONTRACTOR’s final runcut solution.
5.4.12 Scheduling Process Communication and Coordination
5.4.12.1 The CITY and CONTRACTOR will meet to determine appropriate timelines and processes for providing the above-mentioned route and schedule information to update the Region’s published schedules (in print or electronic format) and meet CONTRACTOR’s work deadlines as requested by the City. The process is performed using the scheduling application at least twice a year. Route and schedule changes generally occur each April and October, but July and January route and schedule changes may also occur. The CITY’s scheduling team coordinates with CONTRACTOR and other agencies in the region to build the CITY’s local schedules and Valley Metro’s regional schedules. It is possible that special circumstances, such as BRT or light rail sections coming online, may necessitate special bid change dates (outside of the quarterly schedule) thus altering the normal pattern of January, April, July, and October route and schedule changes. Throughout the various stages of the scheduling process, CONTRACTOR shall seek input from its workforces and associated committees, and its Road Supervision team, to continuously make improvements to transit schedules and identify amenities for operators’ use.
5.4.12.2 CONTRACTOR shall take all necessary steps to ensure operator training materials are updated to reflect any changes in service prior to the changes taking effect.
5.4.13 Non-Revenue Transit Vehicles
5.4.13.1 CONTRACTOR shall provide all non‑revenue vehicles necessary to effectively and efficiently operate, manage, and support the services that are subject of this RFP. See Exhibit Q - Non‑Rev Fleet List for reference. The CITY requires CONTRACTOR to supply a sufficient number of non‑revenue transit vehicles to ensure that relief activities are not delayed and that Revenue Service for passengers is not disrupted. All CONTRACTOR supplied vehicles must not exceed seven (7) years of age or one hundred-fifty thousand (150,000) miles during the life of the contract.
5.4.13.2 CONTRACTOR shall provide a sufficient number of non‑revenue support vehicles dedicated to relief activities. See Exhibit Q - Non‑Rev Fleet List for reference. The required quantity shall be based on the runcut solution and must include at least a 10‑minute buffer between vehicle task activities, or this buffer must be incorporated into the relief‑vehicle travel time. CONTRACTOR shall maintain an adequate spare fleet of non‑revenue transit vehicles to ensure that, at all times, an operational vehicle is available to support and cover all relief activities.
5.4.13.3 CONTRACTOR shall ensure that all vehicles assigned to and/or operated by CONTRACTOR will bear corporate graphics or insignias as approved by the CITY.
5.4.13.4 CONTRACTOR shall provide unleaded fuel, insurance, and maintenance for all non‑revenue transit vehicles. On‑site fueling of unleaded fuel for non‑revenue transit vehicles is permitted at both the North and South facilities. CONTRACTOR shall utilize the CITY’s Fluid Management System (FMS) to track fuel usage for invoicing purposes. Refer to Exhibit K – Technical Requirements for FMS information. Unleaded fuel costs shall be determined by the CITY and made available no later than the eighth (8th) business day of each month. The CITY shall deduct the monthly fuel costs from CONTRACTOR’s total monthly invoice amount.
5.4.13.5 CONTRACTOR shall provide all accessible vehicles, as part of its non-revenue transit vehicle fleet, necessary to comply with Federal regulations in 49 CFR § 37.163(f) to support persons with disabilities whose transit service is disrupted or delayed due to mechanical failures.
5.4.13.6 All non-revenue transit vehicles must be regularly cleaned and maintained and kept neat in appearance (i.e., no missing decals, hubcaps, broken or cracked glass, etc.). CONTRACTOR shall provide reports as requested by the City on the status of non-revenue transit vehicles including, but not limited to, mileage, operating status and state of good repair as defined by the Federal regulations in 49 CFR Part 625.
5.4.13.7 The CITY reserves the right to reject a CONTRACTOR-supplied vehicle that does not satisfy the CITY’s quality standards.
5.4.14 Detours
CONTRACTOR shall be responsible for the planning, implementation, supervision, and coordination with the CITY’s OCC of all service detours. When necessary, CONTRACTOR's detour planning efforts must include, but are not limited to:
5.4.14.1 Attendance at event planning and detour coordination meetings.
5.4.14.2 Establishing detours for affected route(s).
5.4.14.3 Posting CITY-approved service change notices at affected bus stops.
5.4.14.4 Issuing bulletins and detour notices to all affected staff and agencies.
5.4.14.5 Communicating information relative to detours to customers at affected bus stops in advance of detour implementation.
5.4.14.6 Assigning the requisite staff and resources to effectively and efficiently plan and implement detours as needed.
5.4.14.7 Notifying CITY of all planned and established detours.
5.4.14.8 Notifying regional customer service staff of all detours.
5.4.15 Transition Plan
CONTRACTOR shall promptly implement its proposed Transition Plan at the start of the Contract. Any work necessary to prepare for the Contract’s start date, including but not limited to vehicle inspections and background checks, will be performed by the Contractor at its sole cost and expense.
5.4.16 Road Supervision
5.4.16.1 CONTRACTOR shall develop and implement a robust, qualitative Road Supervision Staffing Plan (Staffing Plan) that specifies the number of dedicated Road Supervisors required to ensure adequate field and special assignment coverage at all times, including during periods of vacation, sick leave, or other absences. The Staffing Plan shall include Standard Operating Procedures (SOP) describing the methodology for effective road supervision consistent with industry best practices. Dedicated Road Supervisors shall be responsible for coordinating with the CITY’s OCC, maintaining headway, ensuring reliable service, identifying operational issues, and responding to incidents, accidents, and disabled vehicles. CONTRACTOR shall ensure that a sufficient number of Road Supervisors are on duty to support transit operations during all hours of scheduled Revenue Service.
5.4.16.2 Following the industry best practices the CONTRACTOR shall ensure that a sufficient number of Bus operators are engaged under this Agreement to meet all service requirements. See Exhibit R – Active EE Staffing List for reference. Road Supervisors shall be retained exclusively for the primary purpose of supporting transit services and shall not be assigned to perform Bus Operator duties or to substitute for absent Bus Operators. CONTRACTOR shall prepare and maintain a Road Supervision Staffing Plan, which shall be submitted for review and approval annually or as requested by CITY staff.
5.4.17 Dispatch
CONTRACTOR shall assign sufficient, qualified, and dedicated dispatching staff to effectively and efficiently manage operator manpower, including extra board assignments, check‑ins, pull‑outs, and bus assignments. Dispatch staff shall coordinate and communicate with the CITY’s OCC and maintenance staff and shall update all required data systems in real time. CONTRACTOR shall ensure that a sufficient number of dispatch staff are on duty at all times to support transit operations during all hours of scheduled Revenue Service. See Exhibit R – Active EE Staffing List for reference.
5.4.18 Service Interruptions
5.4.18.1 CONTRACTOR shall operate one hundred percent (100%) of all scheduled fixed‑route service. In the event that scheduled transit service cannot be operated, CONTRACTOR shall cancel the impacted service as soon as possible, but in no case later than ten (10) minutes prior to the scheduled pull‑out time or relief time. For mid-trip service interruptions for which missed service is unavoidable, cancelation notification to OCC shall be made no later than five (5) minutes past the beginning of the service interruption. All cancellations shall be recorded in HASTUS daily, and CONTRACTOR shall immediately notify the CITY’s OCC to enable the CITY to issue real-time regional service alerts and communicate service interruptions in real-time to passengers.
5.4.18.2 CONTRACTOR shall implement policies and procedures, including staging replacement buses and staff in the field to monitor service delays and, if necessary, to replace or insert a bus to fill in for a portion of a trip to ensure timely completion of that trip.
5.4.18.3 Revenue trips that commence more than thirty (30) minutes after their scheduled start time shall be classified as missed service, except for the last full trip on each route and in each direction. If a revenue trip is projected to be overtaken by the next scheduled revenue trip operating in the same direction and pattern, the CONTRACTOR shall immediately coordinate with the CITY’s Operations Control Center (OCC) to reposition a vehicle. This coordination shall ensure on‑time departure for the next scheduled revenue trip on the block and minimize the potential for leaving passengers stranded.
5.4.18.4 CONTRACTOR shall ensure completion of the last full revenue trip each day for all routes. No scheduled route shall terminate prior to the conclusion of its final full trip, and CONTRACTOR shall maintain sufficient staffing and vehicle availability to guarantee fulfillment of this requirement.
5.4.18.5 For tracking and compliance purposes, the Clever Devices CAD/AVL system shall be used to determine whether a trip is missed, in whole or in part. CONTRACTOR shall ensure that all service data is accurately captured within the CAD/AVL system and made available to the CITY for monitoring and reporting.
5.4.19 Headsign Display Codes
The CITY is responsible for assigning bus headsign display codes for the services under this Contract.
5.4.19.1 The CITY will generate, in electronic format, and distribute to CONTRACTOR the bus headsign display codes during each schedule change; the schedule change occurs at least twice a year and is coordinated regionally.
5.4.19.2 The CITY will first attempt to update the fleet with the most up-to-date bus headsign display codes by programming them through the CAD/AVL system.
5.4.19.3 In the event that the bus headsign display codes must be updated manually, CONTRACTOR shall work with the CITY to manually distribute the most up-to-date bus headsign display codes developed by the CITY to its assigned fleet.
5.4.19.4 CONTRACTOR must ensure appropriate destination sign information (headsign, side sign, rear sign) is displayed when the bus is in service and/or deadheading.
5.4.19.5 The CITY and CONTRACTOR will meet to determine appropriate schedules and processes for providing the above-mentioned information to meet CONTRACTOR’s CAD/AVL update timelines.
5.4.20 Automated Annunciators
The CITY is responsible for assigning automated annunciator images through the CAD/AVL system. CONTRACTOR must ensure buses receive the full image download before buses are placed into Revenue Service. CONTRACTOR must ensure that the entire fleet has been updated with the correct automated annunciator images before the new schedule becomes effective.
5.5. VEHICLE MAINTENANCE AND TRANSIT ASSET MANAGEMENT
CONTRACTOR shall provide, at its sole cost, vehicle maintenance and transit asset management software program(s) for tracking maintenance records and inventor.
5.5.1 Software Tracking
CONTRACTOR shall, at a minimum, track and record:
5.5.1.1 Work orders
5.5.1.2 Revenue vehicle and non-revenue vehicle fleet inventory
5.5.1.3 Vehicle life mileage
5.5.1.4 Road calls (repairs and tow-ins)
5.5.1.5 Fuel Usage
5.5.1.6 All vehicle history or work activity pertaining to CITY assets and a description of work performed
5.5.1.7 Labor hours
5.5.1.8 Vehicle and farebox preventative maintenance inspections by vehicle number, date/time and mileage
5.5.1.9 Engine tune-ups
5.5.1.10 Any inspections required by state or federal regulations
5.5.1.11 Life cycle costs by unit, systems/vehicle management code
5.5.1.12 Warranty tracking and Return Merchandise Authority (RMA) tracking
5.5.1.13 All parts and costs
CITY has the ability to capture some of the above information within the technical systems being provided to the CONTRACTOR, and the CONTRACTOR will be required to enter this information into the CITY’s systems. CITY is willing to coordinate and identify solutions that enable data communication between the systems, while also mitigating the need for dual entry.
5.5.2 Software Access
CONTRACTOR shall provide CITY staff with full access to the vehicle maintenance software utilized for the management, tracking, and reporting of revenue vehicle maintenance activities. Such access shall include all relevant modules, data, and reporting functions necessary for CITY oversight and monitoring. CONTRACTOR shall ensure that CITY staff are granted appropriate user credentials and permissions to review, audit, and extract maintenance information at any time during the Term of the Contract.
5.5.3 Software Reporting
CITY staff shall have the ability to generate reports directly from the vehicle maintenance software. Such reports shall, at a minimum, include all elements specified in Section 5.5.1. CONTRACTOR shall ensure that the reporting functionality is fully enabled, accessible, and capable of producing accurate and comprehensive data outputs necessary for CITY oversight and performance monitoring.
5.6. DIGITAL VIDEO RECORDER SYSTEM
With the exception of neighborhood circulator vehicles, all buses operated by CONTRACTOR are equipped with Digital Video Recording (DVR) systems. The on‑board systems shall include interior and/or exterior mounted cameras designed to:
Mitigate insurance claims for liability and personal injury
Resolve customer service issues
Address crime and security incidents
Mitigate graffiti
Investigate auto and/or pedestrian‑related accidents
Review transit operations
The DVR systems are not intended for the purpose of monitoring operator behavior. CONTRACTOR shall ensure that all equipment is properly maintained, fully operational, and accessible to CITY staff for review as required.
5.6.1 As the sole and exclusive custodian of the DVRs and all data recorded therein, CONTRACTOR shall respond promptly to any requests for DVR footage made by the CITY or the Phoenix Police Department. CONTRACTOR shall ensure that requested footage is preserved, retrieved, and provided in a timely manner consistent with applicable laws, CITY requirements, and law enforcement needs.
5.6.2 CONTRACTOR shall maintain digital video recording systems according to OEM specifications and operate them according to CITY policies. No vehicle shall be put into Revenue Service without a properly functioning DVR system.
5.6.3 CONTRACTOR shall be responsible for compiling and maintaining an up-to-date surveillance administration and maintenance guide for the system. CONTRACTOR shall be responsible for maintaining all system equipment, documentation, and software in operational order during the Term of the Contract. CONTRACTOR shall be responsible to supply system diagnostic laptop(s) and obtaining any system software necessary for maintaining such systems to OEM specifications.
5.6.4 The surveillance system software allows for the remote downloading of video as needed. The CITY will supply CONTRACTOR with all necessary in-vehicle system components.
5.7. VEHICLE/LOT INSPECTIONS
The CITY will conduct routine vehicle inspections, scheduled and unscheduled, with CONTRACTOR’s designated representative at the CITY’s request. The CITY will also conduct regular fleet lot and quarterly fleet inspections. See Exhibit S - Lot Inspection Form.
5.7.1 Transitions
CONTRACTOR will receive each CITY vehicle after the vehicle has been thoroughly inspected by both the CITY and CONTRACTOR.
5.7.1.1 To transition the revenue vehicles from the previous contract to this Contract, a pre-transfer and a transfer inspection shall be conducted.
5.7.1.2 The CITY will inspect the revenue vehicle to be transitioned, with all apparent safety and operating repairs to be corrected by CONTRACTOR. The CITY, in its sole discretion, shall make the final determination as to acceptable vehicle conditions for any vehicles transferred in anticipation of contract start-up as well as during the Contract Term.
5.7.1.3 For each revenue vehicle transferred, all parties involved shall approve a Maintenance Inspection Form provided by the CITY. Refer to Exhibit T – Maintenance Inspection Form for reference.
5.7.1.4 CONTRACTOR shall inspect, assume responsibility for, and insure the revenue vehicles by the Contract’s start date, at no cost or expense to the CITY.
5.7.1.5 Upon returning a revenue vehicle to the CITY for any reason, CONTRACTOR shall ensure each vehicle is in the same operating condition and appearance as when received, subject to reasonable wear and tear based on mileage and age, or unless otherwise authorized by the CITY.
5.7.2 General Inspections
The CITY will assign oversight staff to be located at the CITY-owned transit facility. The CITY will designate a permanent, secure workspace for the CITY’s oversight staff at the facility. During the Contract Term, the CITY will have immediate and unrestricted access to all vehicles and all maintenance records during planned or unannounced visits or inspections of the facility. This includes total access to any electronic program(s) or system(s) which maintain any records (present or historical) for CITY assets supplied under the Contract.
5.7.2.1 In its sole discretion, the CITY shall have the authority to take out of service any unit or fleet type for any safety reason until repairs are completed to ensure the vehicle(s) are safe for service. Out-of-service vehicles shall not be placed into Revenue Service until all deficiencies have been corrected and CITY staff have verified the deficiencies have been corrected. Such action does not relieve CONTRACTOR of the duty to provide service under the terms of the Contract.
5.7.2.2 CONTRACTOR shall maintain computerized maintenance records for all maintenance activities. Any work order generated by an inspection form must have the inspection form attached.
5.7.2.3 All safety deficiencies must be corrected within five calendar days of the joint inspection and before the vehicle is placed back into service.
5.7.2.4 All other deficiencies must be corrected as follows:
A. Mechanical deficiencies within seven (7) calendar days of the CITY's inspection;
B. Paint/body/aesthetic deficiencies within thirty (30) calendar days; and
C. On-board system deficiencies prior to the vehicle's return to service. See Section 5.8.5.2 below for deficiencies categorized as Major Repairs.
5.7.2.5 Vehicles placed out of service due to identified deficiencies must be corrected within five (5) calendars days.
5.7.2.6 The CITY will schedule a follow-up joint inspection to ensure that all items identified for repair have been corrected.
5.7.2.7 CONTRACTOR shall notify the CITY of any repair work requiring more than the designated calendar days to complete the work and the reason for requiring additional time.
5.8. VEHICLE CONDITION AND MAINTENANCE
CONTRACTOR shall assign a full-time maintenance supervisor to be on duty during all work shifts to ensure that its personnel maintain vehicles and facility equipment to the required specifications.
To ensure vehicle miles and hours are accumulated equally, CONTRACTOR shall put all vehicles into service on a fixed rotation schedule.
5.8.1 CONTRACTOR will be responsible for all vehicle maintenance and shall maintain records for same. Maintenance shall be performed to OEM standards, CITY's written instructions, and CONTRACTOR's Vehicle Maintenance Plan as requested by the CITY. The Vehicle Maintenance Plan is an annual plan for both preventive and corrective maintenance as well as graffiti abatement for the entire fleet.
5.8.2 CONTRACTOR shall perform all routine preventive maintenance, heavy repair, running repairs, body work of any type, and major and minor cleaning necessary to keep CITY-furnished vehicles in a safe, reliable and well-maintained condition. CONTRACTOR shall ensure that all on-board systems are fully functional and operational prior to placing vehicles into Revenue Service.
CONTRACTOR shall monitor and track validator maintenance to ensure each bus leaves the yard with a functional fare collection system validator.
5.8.3 CONTRACTOR, at its sole cost, shall maintain the vehicles, including tires, in the
same operating condition and appearance in which the vehicles are received, subject to reasonable wear and tear based on mileage and age and without any additional cost to the CITY.
Replacement tires are to be OEM quality or a higher grade and shall be provided by CONTRACTOR. Retreads are permitted under the following requirements:
(a) All rubber materials must be from a domestic source and manufactured in the
United States.
(b) Tires must be tested by non-destructive testing equipment and computer controlled machinery including, but not limited to, laser shearography.
(c) New casings shall be re-tread no more than two (2) times; and
(d) Retread tires are only to be used on the center and rear axles of passenger-carrying vehicles.
5.8.4 CONTRACTOR shall be fully responsible, without exception, for ensuring that revenue vehicles placed into service:
5.8.4.1 Have a pre-trip inspection performed to ensure that the vehicle is safe before leaving the facility and entering into Revenue Service (49 CFR § 392.7) and have a post-trip inspection performed at the completion of each day’s work (49 CFR § 396.11), including a complete cycling of the wheelchair lift/ramp as required by the original equipment manufacturer.
5.8.4.2 Have fully operational air conditioning and heating, wheelchair ramps
and lifts, securement belts, flip seats, radios, DVRs, CAD/AVL components, Automatic Passenger Counters (APCs), fareboxes, validators and destination signs, and any other on-board systems required for service. A current list of on-board equipment CONTRACTOR is responsible for installing or maintaining is provided in Section 5.8.12.
5.8.4.3 Have all required certifications current, including the Department of Transportation (DOT) annual inspection, emissions, fire suppression systems, gas detection systems, and fire extinguishers. CONTRACTOR shall be responsible for all associated costs of these certification and testing requirements.
5.8.4.4 Have no missing or unpainted panels, have properly inflated tires, and are free from defects, body or decal damage, flats, wheel curbing damage, or missing lug nuts.
5.8.4.5 Are free of graffiti. A graffiti abatement plan shall be submitted by CONTRACTOR to the CITY annually as part of the Vehicle Maintenance Plan. The plan shall include steps that will be taken to address graffiti on the interior and exterior of revenue vehicles emphasizing CONTRACTOR's best efforts in keeping graffiti on the revenue vehicles to a minimum. Any graffiti protective film that has been damaged must be replaced.
5.8.4.6 Have all safety items fully operational, including but not limited to lights, brakes, horns, tires, wheelchair tie downs, seat belts, fire suppression systems, and camera systems.
5.8.4.7 Have all parts properly attached using the same number and quality fasteners as installed by the OEM.
5.8.4.8 Maintain a clean appearance of both the exterior and interior of the vehicle while in service at all times.
5.8.4.9 Have not been repaired with parts taken from another vehicle for any reason without prior written authorization from the CITY.
5.8.4.10 Are maintained and their systems are maintained properly as required by the Contract, OEM requirements, and CONTRACTOR's Vehicle
Maintenance Plan, and CONTRACTOR may not jeopardize the continuation of any warranties that exist on a particular vehicle or part from the OEM.
If a warranty or warranty claim is void, denied, or not submitted in a timely manner due to negligence or lack of maintenance, CONTRACTOR shall purchase the remainder of the warranty from the OEM to cover the time that was lost due to CONTRACTOR’s wrongful, negligent, or willful acts, errors, or omissions and cover any costs arising from CONTRACTOR’s faulty warranty administration.
Maintenance staff shall verify that all equipment is in proper working order prior to vehicles leaving the facility.
5.8.5 Down Vehicle List
CONTRACTOR shall submit to the CITY, pursuant to Section 5.14.3, a daily tracking report itemizing each unit that is out of service. The report will contain the date taken out of service (O.O.S), reason, number of days currently O.O.S. and projected completion date. The report shall include any parts on order (P.O.O.) and the estimated time of arrival (ETA).
5.8.5.1 Running Repairs
CONTRACTOR is responsible for all running repairs. If running repairs are identified by the CITY or CONTRACTOR, CONTRACTOR shall complete the repairs within seven calendar days from the time the defect was identified.
5.8.5.2 Major Repairs
CONTRACTOR is responsible for all Major Repairs. CONTRACTOR shall correct all deficiencies considered to be Major Repairs as defined below, including but not limited to:
• Engine Overhauls
• Transmission rebuilding
• Differential/rear axle rebuilding
• Significant body damage and repairs
• Other repairs deemed major repairs by the CITY by providing such designation to CONTRACTOR in writing.
5.8.5.3 Major Repair work must be scheduled for repairs no later than seven (7) calendar days from the time it is identified. Major Repair work must be completed within ten (10) calendar days from the date it is scheduled. CONTRACTOR shall notify the CITY of any Major Repair work requiring more than ten (10) calendar days to complete and the reason for requiring additional time.
5.8.5.4 Failure by CONTRACTOR to repair or maintain CITY furnished vehicles in accordance with the manufacturer’s technical manual may result in the CITY arranging for such repair or maintenance to be performed by others at CONTRACTOR’s expense. In addition, the CITY reserves the right to assess any applicable liquidated damages for non-compliance with vehicle repair and maintenance obligations.
5.8.6 Preventive Maintenance Inspections (PMIs)
5.8.6.1 PMIs and/or safety inspections shall occur at the OEM-recommended intervals and shall include a review of accessibility equipment to ensure proper operation of annunciators, ramps/lifts, securements, seat/lap belts, CAD/AVL systems, validators, fareboxes, camera system, and head signs prior to a vehicle being returned to service. Such inspections shall be documented and tracked by CONTRACTOR and randomly audited by the CITY. PMIs and/or safety inspections shall not occur beyond 10% from the OEM-required intervals.
5.8.6.2 PMIs will be based on the life miles of the vehicle rather than the hubometer miles. For example, if the hub is changed, the actual miles may conflict with the previously recorded inspection. Maintenance actions shall be based on time intervals, mileage intervals, or a combination of mileage and time intervals. CONTRACTOR shall track and record these inspections.
5.8.6.3 CONTRACTOR shall maintain a record of vehicle life miles and PMIs performed, and provide a monthly PMI report to the CITY by the 10th of each month following the reporting month. This report shall include the past thirty (30) days of service activity including PMIs performed by vehicle number and vehicle mileage for the current and previous PMIs conducted.
5.8.6.4 Engine oil, filter, and fuel filters must be changed at 6,000-mile intervals for diesel, CNG, and hybrid-electric (diesel) units, unless otherwise changed by mile interval or the OEM-recommendation as approved by the CITY for vehicles, or as indicated by oil sampling.
5.8.6.5 CONTRACTOR shall obtain a fluid sample of engine oil and send it out for standard oil analysis at each oil fluid change.
5.8.6.6 CONTRACTOR shall obtain a fluid sample of transmission fluids and send it out for analysis at an interval of 24,000 miles or as otherwise recommended by the OEM. CONTRACTOR shall review and take appropriate actions based on the results of oil sample analyses.
5.8.6.7 All fluid samples found to be out of specification must be addressed, and a corrective work order made the same day of the notification.
5.8.6.8 All fluid samples must be drawn from the taps designed for obtaining fluid samples, and not the drains.
5.8.6.9 Any fluid samples found to be abnormal, critical or out of OEM specifications must be addressed with corrective repairs to the appropriate vehicle component(s) to ensure asset reliability and service life and reported to the CITY.
5.8.6.10 Air dryers must be rebuilt at every 36,000-mile inspection at a minimum.
5.8.6.11 The air filter must be checked every inspection and replaced if the monometer reading is above six inches of water, and readings will be recorded in inspection records, or replaced at 24,000 miles, whichever comes first.
5.8.6.12 Air conditioning filters must be changed or cleaned at every inspection, or as needed or recommended by OEM.
5.8.6.13 Wheelchair lift and ramp inspections must be performed every 6,000 miles, and a long-form preventive maintenance inspection performed every 24,000 miles. Wheelchair lifts or ramps must be cycled daily, and immediately prior to entering Revenue Service. OEM maintenance standards must be used.
5.8.6.14 Air-conditioning inspections must be performed every 6,000 miles, and a long-form preventive maintenance inspection must be performed every 24,000 miles. OEM maintenance standards must be used.
5.8.6.15 A yearly engine tune-up must be performed as per the engine manufacturer’s specifications. The tune-ups must be performed at either 36,000 miles, 5,000 hours of operation, or every twelve (12) months, whichever comes first. All valve settings and engine codes will be recorded in the work order for the CITY's review and approval in writing.
5.8.6.16 Front wheel bearing re-pack inspections must be performed at 36,000 miles or as recommended by OEM.
5.8.6.17 CONTRACTOR shall establish a Quality Assurance Program within its vehicle maintenance plan to ensure that vehicles and all on-board equipment is maintained properly and is functioning properly before a vehicle is put into service.
5.8.6.18 Each time a vehicle enters a shop for an inspection, the engine, transmission, radiator, and condensers must be cleaned. Care should be taken so that no damage is done to electrical components or connectors.
5.8.6.19 All vehicles equipped with CNG tanks shall be inspected and certified in a qualified service facility, every three years or 36,000 miles, whichever comes first. Tanks must also be inspected after any fire, accident or other incident that could cause damage to the tank.
5.8.7 Fueling and Servicing
CONTRACTOR shall have a full-time Service Island Supervisor on duty at all times to ensure service island personnel maintain vehicles to the required specifications. Service island staff shall accurately record fuel usage and vehicle miles and report this information to the CITY upon request. All vehicles returning from Revenue Service must be serviced daily, as described below:
5.8.7.1 All vehicles must be fueled and serviced daily by CONTRACTOR, with oil, transmission, coolant levels, DEF fluid and windshield washer fluid checked and added, if necessary, with all tasks being recorded daily. CONTRACTOR shall inspect units nightly and complete a check-off list of such inspections. This checklist must be provided to the CITY upon request.
5.8.7.2 All vehicle floors must be swept and mopped daily. Buses may not be cleaned by hosing out the interior. The Operator's area must be wiped down, including, but not limited to, dash controls, dashboard, above the operator area, and along the front dashboard.
5.8.7.3 Vehicle interiors and exteriors must be cleaned daily, including windshields, as often as prescribed or necessary to maintain the vehicle in a clean, dust free, and professional appearance. Interiors must be wiped down to achieve cleanliness of the entire vehicle interior. Special attention must be given to ensuring the vehicle exterior is kept clean, with attention given to maintain the cleanliness of the rear of the vehicle. Revenue Vehicles must go through the bus wash bay a minimum of once per week or as often as necessary to maintain the vehicle in a clean and professional appearance.
5.8.7.4 Vehicle rims must be cleaned as often as necessary to maintain the vehicle in a clean and professional appearance.
5.8.7.5 All passenger and operator seats must be shampooed twice per year.
5.8.7.6 Every sixty (60) days, detailed, intense cleaning of the interior and exterior must be performed. Detailed cleaning involves such area as engine compartments, wheels, back-ends, and underbody. Detailed interior cleaning must address the entire interior to include seats, floors, ceiling and walls, windows and window tracks, handrails, driver’s area and dashboard, radio cabinet exterior, and a/c return air grates. The intent is to have six yearly intensive cleanings per vehicle at consistent intervals. This listing will be provided to the CITY upon request.
5.8.7.7 CONTRACTOR shall establish a quality assurance plan within its Vehicle Maintenance Plan to ensure vehicles are cleaned in compliance with the requirements set forth in this work scope.
5.8.7.8 CONTRACTOR shall ensure all vehicles are fueled in a manner that allows for the most efficient operation and use of the fuel station and fuel inventory. This includes fueling vehicles collectively and consistently and within a consolidated timeframe.
5.8.7.9 CONTRACTOR shall manage and control all fuels to minimize loss due to theft, natural gas venting due to inefficient fueling practices, vehicle idling, or other circumstances.
5.8.7.10 CONTRACTOR shall develop and implement a site-specific Vehicle Idling Policy that follows Maricopa County Ordinance P-21, “Vehicle Idling Restriction,” as amended. Such idling policy must include allowed idling times, situations, and locations, and provide a specific monitoring and documentation program. The policy shall apply to all revenue vehicles regardless of fuel type. The monitoring program records must be available for inspection by CITY staff upon request. The vehicle idling policy must be developed and submitted to the CITY, pursuant to Section 5.14.3 due at the Contract start date.
5.8.7.11 Mileage must be computed daily. The miles must be based on a hubometer; defective hubometers must be replaced immediately.
5.8.7.12 Any vehicle that uses more than the following must be checked, removed from service and repaired as needed by CONTRACTOR.
5.8.7.12.1 Engine oil - one quart per seven calendar days or 400 miles
5.8.7.12.2 Transmission oil - one quart per thirty (30) calendar days or 400 miles
5.8.7.12.3 Coolant - one quart per thirty (30) calendar days
5.8.8 Body Work
CONTRACTOR shall be responsible for all vehicle body repair work and painting. Neither the North nor South Transit Facility is equipped with a body shop or full paint booth. The South Transit Facility contains a small parts paint booth equipped with appropriate ventilation, exhaust, and filter systems for painting small parts. All on site painting shall be performed exclusively within the designated paint booth, in full compliance with all applicable permits, health, and safety regulations. All body work and painting shall be performed to Original Equipment Manufacturer (OEM) specifications, or, if OEM specifications are unavailable, to align with transit industry’s best standards. No vehicle shall be operated in Revenue Service with any form of major body damage, including but not limited to dings, cracked glass, or significant scratches to any surface. CONTRACTOR shall repair all external body damage within thirty (30) calendar days of identification of such defects.
5.8.9 Road Calls
CONTRACTOR shall maintain accurate records of all service calls whether the vehicle is changed out, repaired on location, or returned to the facility.
A road call is any disruption of service caused by a mechanical failure which results in the dispatch of a maintenance or supervisory vehicle to correct and/or remove or replace the Revenue Vehicle while in Revenue Service. Such mechanical failures shall not include those caused by issues related to passenger incidents and non-preventable accidents.
5.8.9.1 A record and/or repair work order must be made for every road call, whether a defect is found or not.
5.8.9.2 CONTRACTOR shall maintain all required records and shall compile and submit those records to the City in a monthly Road Call report. In addition, the CONTRACTOR shall provide any such records to the City upon request at any time during the Term of the Contract.
5.8.10 Mechanic Training
CONTRACTOR shall ensure that all mechanics are sufficiently trained in the components and systems of all vehicle types operated under this Contract, including battery electric, hybrid electric (diesel), diesel, and compressed natural gas (CNG). Training shall also encompass workplace safety requirements necessary to ensure the safe and proper completion of all repairs.
5.8.11 National Fire Protection Association NFPA Training 70E
CONTRACTOR shall provide National Fire Protection Association (NFPA) 70E training to all maintenance and service personnel, including fueling staff, assigned to this Contract. All new employees shall complete NFPA 70E training upon hire. CONTRACTOR shall ensure NFPA 70E retraining is provided to all new and existing employees at least once every three (3) years.
5.8.12 On-Board Equipment/Components
CONTRACTOR shall ensure all the components for the following systems are installed on buses, have been programmed with current data, and are fully functional prior to use in daily Revenue Service:
5.8.12.1 All Destination Signs
5.8.12.2 Computer Aided Dispatch/Automatic Vehicle Locator (CAD/AVL) Components
5.8.12.3 Digital Video Recorder System (DVRS)
5.8.12.4 Radio System
5.8.12.5 Farebox
5.8.12.6 Automated Passenger Counter (APC) System
5.8.12.7 Scrolling Marquee
5.8.12.8 Telematic System
5.8.12.9 On-board Mobile Router
5.8.12.10 Public Announcement (PA) System
5.8.12.11 Vix Validators
5.8.13 Warranty Credits/Reimbursements
CONTRACTOR will retain warranty credits or reimbursements for work performed on a CITY-owned vehicle or component/system under warranty. CONTRACTOR is responsible for submitting any documentation required by the OEM for warranty reimbursements. CONTRACTOR shall track and provide this information to the CITY as necessary or as requested at any time, and seek reimbursements as warrantied from the OEM.
5.8.14 Warranty Report
CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, a monthly Warranty Report. This report is a detailed report of monthly warranty work completed and warrantied parts submitted to the OEM that month
5.9. TECHNICAL ENVIRONMENT GUIDELINES
The CITY is the host site for regional transit technology and maintains a complex combination of Local and Wide Area Networks (LAN/WAN) that provide various forms of transit-related data. The CITY is responsible for applications used by Valley Metro agencies and affiliates in multiple jurisdictions. Every member of Valley Metro has a direct dependency on the information network. Each must be able to depend upon the electronic link to the system. To maintain a consistent and reliable technical environment, a complete list of technology requirements is provided in Exhibit K - Technical Requirements.
5.10. DESCRIPTION OF TRANSIT FACILITIES
CONTRACTOR may allocate office and workspace to its employees and subcontractors as it determines necessary. CITY spaces have been designated in Exhibit U – Site Plan North Facility and Exhibits V-Y – Site Plan South Facility and should not be included as part of CONTRACTOR's space allocation plan. Fare vaulting rooms are secure areas and are not available for CONTRACTOR's use. Under no circumstances shall modifications to any part or system of the facility be made without the CITY's express, written consent.
5.10.1 North Transit Facility
The North Transit Facility is located at 2010 West Desert Cove Avenue, Phoenix, Arizona (west of 19th Avenue on Desert Cove Avenue). The site includes an operations and maintenance building, service and fueling areas, vehicle washing facilities, and Revenue Vehicle/Non-Revenue Vehicle and visitor/employee parking areas. A site plan of the facility is provided as Exhibit U –Site Plan North Facility. The North Transit Facility is provided at no rental, lease, or insurance cost to CONTRACTOR. The CITY provides general property insurance for CITY-owned facility and equipment only. The facility was designed and sized for the maintenance and operation of a fleet of approximately 129 revenue vehicles, not including non-revenue vehicles. The facility has separate ingress and egress driveways for buses off Desert Cove Avenue and one ingress/egress driveway for employees and visitors.
5.10.1.1 Employee/Visitor Parking – The employee/visitor parking area will accommodate 233 vehicles with seven reserved ADA accessible spaces. The employee parking area is accessed through a controlled gate. Visitor parking is accessed prior to the controlled gate on the south of the parking area. Personal vehicles shall be parked only in areas designated for employee or visitor parking.
5.10.1.2 Bus Parking – The bus parking area will accommodate 132 buses under shaded canopies. In addition, there are spaces to accommodate nine non-revenue vehicles.
5.10.1.3 Operations Facility – The operations and maintenance areas are joined to form one 36,535 square foot building. The operations/administration area of the building includes approximately 11,000 square feet on the ground level and 7,115 square feet on the upper mezzanine area. The building includes space for Operator locker rooms and personnel spaces, dispatch and training offices, telecommunications/IT server rooms, a lobby, and spaces for CITY personnel.
5.10.1.4 Maintenance Facilities – The maintenance area includes a 17,200 square-foot shop with 11 maintenance bays: nine for general service, one for tire changing, and one for the steam cleaning vehicles. The maintenance area also includes component shops, space for maintenance administration, parts storage, mechanic locker rooms and personnel spaces, and a facility maintenance shop. Neither body work (body filler, sealers with volatile organic compounds, sanding, etc.) nor painting is allowed in the maintenance facility.
5.10.1.5 Servicing, Fueling and Tire Shop – The fueling area consists of a fueling building, bus Fueling and cleaning lanes, and fuel storage. The fueling building includes space for service personnel, bus cleaning and servicing supplies and equipment. The multiple fueling lanes are equipped with three (3) Liquified Natural Gas (LNG) dispensers, three (3) CNG dispensers, two (2) diesel dispensers, and one (1) unleaded gasoline dispenser. Fuel storage consists of two 20,000-gallon underground diesel storage tanks, one 2,500-gallon underground unleaded gasoline storage tank, two 25,000-gallon above-ground liquefied natural gas storage tanks, a CNG conversion system with five 1,000-gallon above-ground storage tanks, and related pumps, piping, controls, and equipment.
5.10.1.6 Above and Underground Storage Tanks (Consumable Fluids) -
CONTRACTOR is responsible for supplying all required consumable fluids and maintaining proper levels in each above-ground storage tank. The facility includes two 500-gallon above-ground motor oil storage tanks and one 300-gallon above-ground engine coolant (antifreeze) storage tank. In addition, there are two 1,000-gallon underground oil storage tanks, one 1,000-gallon underground waste oil storage tank, and one 1,000-gallon underground engine coolant (antifreeze) storage tank. The underground oil and antifreeze tanks are in temporary closure status but must continue to undergo testing as required by the Arizona Department of Environmental Quality. CONTRACTOR is also responsible for providing diesel exhaust fluid (DEF) for all diesel-powered buses.
5.10.1.7 Washing and Inspection Facilities – Just north of the fueling and cleaning area is the washing/inspection area. The washing/inspection area consists of one bus washing bay and one bus inspection bay. CONTRACTOR is responsible for providing all consumables (e.g. soap and salt) for the bus wash system.
5.10.1.8 Security – The facility is equipped with an identification card access system, closed-circuit television (CCTV) surveillance system, intrusion detection and fire suppression systems. The southeast corner of the operations/maintenance building has a security office, where CITY security staff is positioned to view and restrict site access to employee and visitor personnel only. Access to any areas of the facility will be granted or verified via positive identification by the security guard stationed at the facility or via identification card access. At the west end bus entrance off Desert Cove there is a security kiosk. This entrance is restricted to official vehicle traffic only. Access is granted through this entrance via positive identification by the security guard stationed at the kiosk or via identification card access.
5.10.1.9 Fare Collection Building – A fare collection building is located on the northwest corner of the operations/maintenance building. The fare collection area is positioned to facilitate access to incoming buses.
5.10.2 South Transit Facility
The South Transit Facility is located at 2225 West Lower Buckeye Road, Phoenix, Arizona (south of Lower Buckeye Road on 22nd Avenue). The site includes an operations and maintenance building, service and fueling areas, vehicle washing facilities, and three parking areas. A site plan of the facility is provided as Exhibits V-Y – Site Plan South Facility. The CITY provides general property insurance for CITY-owned facilities and equipment only. The facility was designed and sized for the maintenance and operation of a fleet of approximately 220 revenue vehicles and 30 Non-Revenue Vehicles. The facility has two entrance driveways. The main drive for revenue vehicles and non-revenue vehicles is located on the north side of the property at the traffic signal intersection of Lower Buckeye Road and 22nd Avenue. This entrance is controlled by a security checkpoint located at the T-intersection of 22nd Avenue and Lower Buckeye Road and is restricted to bus and service vehicle traffic. Future plans are to move this entrance to 22nd Avenue on the west side of the facility property, south of Lower Buckeye Road. The second drive is located south of Lower Buckeye Road and west of 22nd Avenue, which serves as the access entrance for site employees and visitors.
5.10.2.1 Employee/Visitor Parking
At the southern entrance, there are three parking lots. One parking area and main entrance area will accommodate 17 visitor parking spaces and an employee drop-off area. The parking lot is adjacent to the operations and administration building and will accommodate 277 employee vehicles. To the west of the administration building is a visitor parking lot that will accommodate 28 vehicles. Both parking areas have designated parking for persons with disabilities. The employee parking lots are accessible only via CITY-provided identification card access. Personal vehicles shall only be parked in areas designated for employees or visitor parking.
5.10.2.2 Bus Parking
There are five lanes for bus parking west of the operations building and one north of the maintenance building. Each lane has a canopy to provide coverage for buses.
5.10.2.3 Operations/Maintenance Facility
The operations and maintenance areas are joined to form one 87,000 square foot building. The operations/administration on the west end of the building includes approximately 11,000 square feet split between two floors. This section of the building includes space for Operator locker rooms and personnel spaces, dispatch and administration offices, and houses the telecommunications/IT server room for the facility. The maintenance area includes a 76,000 sq. ft. shop with 27 maintenance bays. The maintenance area also includes component shops, space for fleet maintenance administration, parts storage, mechanic locker rooms, and personnel spaces. Included in this building are offices and a shop for CITY staff to maintain the facility and provide quality assurance oversight of the Revenue Vehicle fleet maintenance. The mezzanine in this section includes additional areas for parts and a break room. Neither body work (body filler, sealers with volatile organic compounds, sanding, etc.) nor painting is allowed in the maintenance facility.
5.10.2.4 Administration Facilities
The Administration building includes two levels of office and training conference room space. The first floor contains 9,000 square feet of office space, including three training rooms. On the upper mezzanine is an additional 2,000 square feet of office and meeting space. Offices for CITY staff are included in the Administration building. Attached by a canopy to the Administration building is the Security/Fare Collections building. This 2,000 square-foot building houses site security and is the gateway/checkpoint for employees and visitors. The fare collection area is positioned in the rear to facilitate access to incoming buses.
5.10.2.5 Servicing, Fueling and Tire Shop
The fueling area consists of a fueling building, bus fueling and cleaning lanes, fuel storage and a tire shop with drive lane. The fueling building includes space for service personnel, bus cleaning and servicing supplies, equipment, and consumable fluids service reels. The fueling area includes one fueling lane for unleaded and diesel, two fueling lanes for CNG, LNG and diesel, and one CNG/LNG fueling lane adjacent to the LNG fuel storage island. Each lane has a fluid management system controller. Servicing and interior cleaning is performed in three areas adjacent to the fuel building. The fuel storage area currently consists of two 20,000-gallon underground diesel storage tanks, one 4,000-gallon underground unleaded gasoline storage tank, two 30,000-gallon and one 35,000-gallon above-ground liquefied natural gas storage tanks, a CNG conversion system with six 1,000-gallon compressed natural gas storage tanks, four underground motor oil storage tanks, and two underground engine coolant (antifreeze) storage tanks, as well as related pumps, piping and controls and equipment. The tire shop has storage and staging for tire repair and mounting. Adjacent to the tire shop is a covered drive bay accompanied with an in-ground lift to support the bus fleet.
5.10.2.6 Above and Underground Storage Tanks – Consumable Fluids
CONTRACTOR is responsible for providing consumable fluids and maintaining sufficient levels in each underground storage tank to monitor the leak detection system. There are four underground motor oil storage tanks, along with two 2,000-gallon waste oil tanks, and two underground engine coolant (antifreeze) storage tanks. There is one 180 gallon above-ground waste engine coolant (antifreeze) tank. CONTRACTOR is also responsible for providing DEF for diesel buses requiring the fluid.
5.10.2.7 Washing and Inspection Facilities
Just west of the fueling/cleaning area is the washing/inspection area. The washing/inspection area is comprised of two bus washing bays with undercarriage wash and one dynamometer lane. CONTRACTOR is responsible for providing all consumables (e.g. soap and salt) for both bus wash systems.
5.10.2.8 Security
The entire facility is equipped with an identification card access system, CCTV surveillance system, and intrusion detection system. The north bus entrance is controlled by a security checkpoint located at the T-intersection of 22nd Avenue and Lower Buckeye Road. Future plans are to move this entrance to 22nd Avenue on the west side of the facility property. This entrance will be restricted to vehicle traffic only. The employee entrance security checkpoint is located on the south end of the complex adjacent to the Fare Collections and Personnel building. Security staff at this checkpoint control visitor and employee traffic from the south parking lot. The complex is covered by surveillance cameras and is staffed by security personnel 24 hours a day. Access is granted through this entrance via positive identification by the security guard stationed at the kiosk or via identification card access.
5.10.2.9 Space Allocation
CONTRACTOR may allocate office and workspace to its employees as it determines necessary. The CITY shall allocate its own spaces and CONTRACTOR should not plan to utilize those areas allocated for the CITY’s own spaces. See Exhibit U – Site Plan North Facility and Exhibits V-Y – Site Plan South Facility. Fare vaulting rooms are secure areas and are not available to CONTRACTOR’s use. Under no circumstances shall modifications to any part or system of the facility be made without the CITY’s express written consent.
5.10.3 Facility Care and Maintenance
5.10.3.1 Furniture
CONTRACTOR shall provide its own furniture for its Contract Workers. A sample furniture plan for the facility is provided in Exhibit U – Site Plan North Facility and Exhibits V-Y – Site Plan South Facility. This furniture plan may be used for reference in determining potential sizes and configurations of office furniture, equipment and workstations. Only modular or free-standing furniture will be allowed; furniture cannot be affixed to the structure of the facility.
5.10.3.2 Electric, Voice, and Data
CONTRACTOR shall be responsible for its own telephone system at the facility. CONTRACTOR shall work with the telephone utility to install and activate its own telephone service at the facility. CONTRACTOR will have access to dedicated facility telecommunications rooms around the facility for this purpose.
CONTRACTOR shall have an Information Technology Specialist regularly inspect the CITY’s network equipment at the North and South Transit Facilities. CONTRACTOR shall coordinate and follow PTD’s information technology standard operating procedures to keep network equipment operational and minimize disruption and impacts to CONTRACTOR’s operations. Refer to Exhibit K – Technical Requirements for additional deliverables for outdoor network-mounted and closet-room network equipment.
A list of emergency telephone numbers shall be maintained at the work locations by the Contractor and will include the Police and Fire Departments.
Personal cell phone use by Contractor employees is prohibited while performing duties under this contract except during times of regular communication of systems' inaccessibility or failures. Telephone calls from all types of phones are restricted to breaks and lunches. Emergency calls will be placed and received at designated City telephones only. This includes communications between Contractor Management and onsite employees.
5.10.3.3 Facility Maintenance
As the operator of the North and South Transit Facilities, CONTRACTOR is responsible for the safe and proper care/operation at each facility as stated in this Scope of Work. Due to the industrial and hazardous nature of the work conducted at the facilities, all work functions are to be actively supervised on site by designated CONTRACTOR staff. The CITY's Facility Maintenance Contractor (FMC) staff shall be responsible for making repairs to the facility, systems, components, and CITY-owned and CITY-provided equipment. CONTRACTOR shall work directly with CITY-designated staff on all issues pertaining to facility maintenance (including work status, scheduling, equipment downtime, etc.). The CITY's FMC will coordinate with CONTRACTOR to ensure facilities maintenance work is scheduled to minimize disruption and impacts to CONTRACTOR's operations. CONTRACTOR shall make reasonable adjustments to its operations to accommodate necessary facilities maintenance work. CONTRACTOR shall also communicate to CITY designated staff any significant impacts and disruptions to its operations caused by issues or problems with facility systems, components, or equipment.
CONTRACTOR shall make repairs to the facility, systems or components during times of emergency when the CITY's FMC staff is unavailable and the repair is immediate in nature, creates an unsafe working condition, or affects CONTRACTOR's ability to conduct operations. CONTRACTOR shall notify the CITY's Contract Manager when this type of repair is required. CONTRACTOR shall maintain a clean and safe work area in all areas used by CONTRACTOR. Areas include, but are not limited to, the maintenance and administration building, fuel and bus wash building, revenue and non-revenue vehicle parking areas, and employee parking area.
CONTRACTOR shall not install, or have installed, vending machines or other such equipment without the prior written consent of the CITY. The CITY at its sole discretion may perform refurbishments to upgrade and update the facility, or parts thereof, as deemed necessary. CONTRACTOR shall work collectively with the CITY during such activities.
5.10.4 Facility Maintenance Worker
The CITY shall reimburse the CONTRACTOR for the salary and benefits associated with one (1) facility maintenance worker currently represented by the International Union of Operating Engineers Local 428. The cost for the Facility Maintenance Worker will be included in CONTRACTOR's overall price for the Contract.
5.10.5 Facility and Equipment Damage
5.10.5.1 CONTRACTOR shall be financially responsible for any facility and/or
equipment damage throughout the facility caused by CONTRACTOR or its subcontractor's misuse (accidents, improper operation, theft, unauthorized installation or modification of equipment, etc.).
5.10.5.2 The aforementioned repairs or replacement will be performed by, and
resolved through the CITY's Facility Maintenance Contractor (FMC) staff. All damage must follow the Facility Incident Report Procedure. See Exhibit Z – Facility Incident Report Procedure. The CITY shall invoice CONTRACTOR for any and all damage determined to be the responsibility of CONTRACTOR. The CITY at its sole discretion shall determine the responsible party for all facility damage claims. Under emergency or special circumstances, The CITY reserves the right to direct CONTRACTOR to have repairs performed by a qualified, licensed contractor at CONTRACTOR’s sole expense. Repairs are to be approved by the CITY.
5.10.5.3 During the first ten (10) days of the Contract start date, CONTRACTOR and the CITY shall conduct a walk-through and acceptance of facility conditions. This will establish the facility conditions to be used as a baseline during the Contract term and for the closeout of the Contract. At the time of contract closeout, CONTRACTOR shall be responsible for the site conditions and any damage to the facility determined to be the responsibility of CONTRACTOR.
5.10.6 Custodial Services
CONTRACTOR shall be responsible for providing custodial services for the entire facility, including but not limited to bi-annual carpet and window washing, removing all fluid waste generated by CONTRACTOR, AND sweeping and cleaning all parking lots. Lot sweeping and cleaning shall include the bus parking area, employee parking area, visitor parking area, Non-Revenue Vehicle parking area and all other areas within the perimeter. All bus lifts and pits shall be cleaned on a monthly basis or as needed to keep equipment and surrounding area clean and operable. Cleaning is to include, but not be limited to, removal of all debris, foreign materials, liquids and fluids. The minimum custodial services required are listed in the Custodial Specifications sheet provided in Exhibit CC - Custodial Specifications services include but are not limited to semiannual (twice per year) carpet cleaning and window washing for the entire facility.
5.10.7 Signage
CONTRACTOR shall be responsible for all safety, office, enforcement calculation and operational signage for the entire facility as it relates to the service delivery as identified in this Contract. All sign installations must be approved through CITY-designated staff. Sign installations must be performed by the CITY's facility maintenance staff.
5.10.8 Capital and Fixed Equipment
5.10.8.1 The CITY will provide certain capital and fixed equipment available for CONTRACTOR's use. The CITY will retain ownership of CITY-provided equipment, and CONTRACTOR will retain ownership of CONTRACTOR-provided equipment. A complete listing of CITY-provided equipment for the North transit facility is included in Exhibit DD – Equipment List - North South Facilities.
5.10.8.2 CONTRACTOR will operate and maintain the equipment provided by the CITY according to OEM specifications and guidelines. CONTRACTOR shall provide a maintenance program and any necessary documentation to maintain CITY-provided equipment, and CONTRACTOR shall make these available upon the CITY’s request. Preventative Maintenance of CITY-provided equipment shall be completed on schedule, pursuant to FTA guidelines, at a minimum of 90% of the CITY-approved service schedule.
5.10.8.3 CONTRACTOR shall, with like item, replace any CITY-provided and CONTRACTOR-maintained equipment that becomes damaged or inoperable due to CONTRACTOR’s or subcontractor’s misuse (accidents, improper operation, theft, unauthorized installation or modification of equipment, etc.). The new equipment that replaces equipment damaged by CONTRACTOR will become CITY-provided equipment. The CITY, at its sole discretion, shall determine when CITY-owned equipment has reached the end of its useful life and the value of that equipment.
5.10.8.4 CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, a CITY-provided equipment maintenance program.
5.10.9 CONTRACTOR-Provided Equipment
5.10.9.1 In order to render the services required in this Contract, CONTRACTOR is solely responsible for providing any additional equipment or infrastructure not explicitly discussed in this Contract or included in the exhibits that may be required for performance of the Scope of Work. CONTRACTOR shall provide its own equipment, and maintain an updated inventory thereof, to supplement the equipment provided at the facility by the CITY. Any installation of additional equipment or infrastructure requires the authorization of CITY designated staff and, if required, any permitting authorities having jurisdiction. All such work required to install or upgrade any equipment must be performed by FMC staff or approved contractor by the CITY and shall be charged to CONTRACTOR.
5.10.9.2 CONTRACTOR will be responsible to maintain any equipment and the sites holding the equipment by keeping them clean, uncluttered, and organized. Some of the network closets might be shared with the CITY’s and CONTRACTOR’s authorized information technology (IT) personnel. CONTRACTOR shall maintain these equipment areas in an organized manner by not having any surplus equipment stored other than the in-place network equipment (e.g. no extra boxes, monitors, etc. that impacts the accessibility of the closet).
5.10.10 Utility Costs
5.10.10.1 CONTRACTOR shall provide, at its sole cost and expense, all utilities at the facility, including electricity, natural gas, telephone and cable/internet service, water, refuse/recycling, and sewer.
5.10.10.2 CONTRACTOR shall utilize the CITY’s Public Works Department Solid Waste Division for refuse and recycling services at the facilities. CONTRACTOR shall ensure trash is removed from all spaces daily and stored neatly in the designated area or dumpster, or as directed by the CITY’s Public Works Refuse Service. CONTRACTOR shall implement and maintain a recycling program for the facility, to include receptacles in all areas of the property, as directed by the CITY’s Public Works Department Recycling Program.
5.10.10.3 CONTRACTOR is responsible for the environmentally safe removal of waste interceptors, sludge tanks, underground storage tanks, trenches and any waste generated by CONTRACTOR in performing the Scope of Work.
5.10.10.4 In conjunction with the notice to proceed on this Contract, the account holder on each of these utilities shall be CONTRACTOR. CONTRACTOR shall assume and pay all utility bills, including start-up and subsequent monthly costs, directly to the subject utility company.
5.10.10.5 On a monthly basis, CONTRACTOR shall submit a report, including usage and costs of all utilities paid by CONTRACTOR. This report will be used to track the efficiency of building systems and for future refurbishment/renovation projects. The cost for all utilities is included in CONTRACTOR's overall price for the Contract. Utility costs for calendar years 2025 and 2026 as provided by the current service provider are included in Exhibit EE – Utilities COP APS Water Gas.
5.10.11 Facility and Building Access
The CITY shall establish and maintain control over the access control system for the facilities, including access required for all CONTRACTOR and CITY employees at the facilities. See Exhibit FF - Security Access and Control. CONTRACTOR shall comply with the following requirements for all facility and building access.
5.10.11.1 CONTRACTOR must ensure that its employees and subcontractors shall:
A. Comply with all terms and conditions of the Contract.
B. Provide all necessary permissions and disclosures for background checks, which may include affidavits or prior criminal records listing all criminal convictions and detailing the nature of any crimes, dates of conviction, and locations where such crimes and convictions occurred.
C. Read and sign a Contractor Badge Key Intrusion Responsibility Agreement, at the time of badging, acknowledging their responsibilities related to safeguarding and caring for their CITY-issued badge.
D. Take precautions to secure their badging and keys. (Badging and keys should never be left on a desk, in a vehicle, or any place exposed to the public).
E. Display badges visibly on their person at all times while at the CITY’s facilities.
F. Use their assigned access cards to gain entry into work areas that have card readers.
G. Use their assigned keys, if any, only where no other reasonable means of access is available or in an emergency situation (which may cause alarms to be activated).
H. Understand that possession of an unauthorized badge or key may result in liability or legal action for its use.
I. Make sure that doors are secure and never left open.
J. Question the presence of unbadged persons and report infractions.
K. Immediately notify the CITY’s Contract Manager or appropriate badging/security office of the lost/stolen badges so that cards can be deactivated and other appropriate precautions are taken.
L. Immediately notify the CITY’s Site Key Manager and Public Transit Key Controller at PTD.Badging@phoenix.gov of lost/stolen keys so that locks can be re-keyed and other appropriate precautions can be taken.
M. Report stolen badging or keys to the police and provide the CITY with the associated police report.
N. Pay any fees to reissue badging or keys. (Recovery costs may be waived with police report submittals).
O. Notify the CITY’s Contract Manager or appropriate badging/security office liaison if a lost badge is found.
P. Notify the CITY’s Site Key Manager and Public Transit Key Controller at PTD.Badging@phoenix.gov if lost keys are found.
Q. Remain responsible for use of their badging until it has been properly returned to the CITY’s Contract Manager or appropriate badging/security office.
R. Return badges to the CITY’s Contract Manager or appropriate badging/security office when they are no longer needed or upon badge holder termination or transfer.
S. Remain responsible for use of their keys until they have been properly returned to the CITY’s Site Key Manager and Public Transit Key Controller.
T. Return any obsolete, unneeded, or upon key holder termination or transfer, keys to the CITY’s Site Key Manager and Public Transit Key Controller.
U. Pay any fees for failure to return badging or keys.
5.10.11.2 CONTRACTOR must ensure that its employees and subcontractors shall not:
A. Loan, borrow, or share badges, keys or PIN codes.
B. Tamper, interfere, compromise, modify, or circumvent any security system, measures, or procedures.
C. Allow non-badged persons to follow them into a restricted or controlled environment unless being escorted by a badged CITY employee.
D. Duplicate or modify badges or keys in any way.
E. Follow another vehicle (tailgate) at any entrance gate or exit at CITY facilities without using their badge.
5.10.12 Environmental Management
5.10.12.1 CONTRACTOR shall submit an Environmental Management Program (EMP) and shall develop an Environmental Management System (EMS), following ISO 14001 or equivalent guidelines (available at https://www.iso.org/standard/14001 ) The EMP and EMS shall be submitted to the CITY within 90 days before the Contract start date and will be reviewed for concurrence by the CITY. The EMP and EMS must be specific to both the North and South Transit Facilities, and must address all CITY of Phoenix, Maricopa County and State of Arizona regulations and requirements. Development of the EMP and EMS must incorporate the intent and applicable aspects of the CITY's hazardous materials management program, pollution prevention policy, storm water management program, and spill prevention, response and reporting program. Refer to Exhibit GG EMS Manual 2020 to reference the Spill, Prevention Control and Countermeasure (SPCC) Plan and Storm Water Pollution Prevention Plan. The EMP and EMS are subject to review and approval in writing by the CITY.
5.10.12.2 The EMP and EMS must also address CONTRACTOR's areas of responsibility including environmental health and safety, hazardous materials management, air quality management and permitting, fluid management and reconciliation, vehicle idling, underground storage tank testing, dry well maintenance and permitting, wastewater management, storm water management including storm water pollution prevention plan, pollution prevention, and staff environmental training program.
5.10.12.3 CONTRACTOR shall apply for and obtain all required regulatory environmental permits, including permit fees, for construction or revision of new or existing units and/or operation of the facility in its entirety. Exhibit HH - Permit List provides examples of permits, licenses, or policies related to environmental compliance.
5.10.12.4 Annual reports and other routinely required documentation will be produced by CONTRACTOR as needed to maintain facility compliance. As part of the EMP and the EMS, CONTRACTOR’s Environmental Manager will work closely with CITY-designated staff to ensure that daily operations comply with environmental requirements, but overall environmental compliance remains solely CONTRACTOR's responsibility.
5.10.12.5 CONTRACTOR's operational responsibilities may include routine on-site inspections to ensure work procedures and record keeping, equipment/product labeling, signage, and personal protective equipment meet the EMP, EMS and regulatory requirements.
5.10.12.6 CONTRACTOR shall provide, train, and maintain a Facilities Emergency Response Plan (FERP) to cover all elements listed in this Contract as well as any other activities as needed to meet the safety needs of the site environments, the Department of Homeland Security, and the CITY Office of Emergency Management (OHSEM). CONTRACTOR shall coordinate the FERP with other workgroups that occupy the site to ensure continuity during an emergency.
5.10.12.7 CONTRACTOR shall understand environmental laws and regulations required to build a comprehensive environmental compliance program that includes, but is not limited to, the duties described above.
5.10.12.8 It is the responsibility of the CONTRACTOR to ensure that underground storage tank documentation is kept up-to-date and daily, weekly, monthly, and annual inspections are being conducted and recorded. It is also the CONTRACTOR’s responsibility to submit all required reports and documentation to the city, state, and county authorities as required. The CONTRACTOR shall conduct underground storage tank spill bucket, turbine sump, interstitial and line leak inspections. Further, it is the CONTRACTOR’s responsibility to report to the CITY a Veeder-root product failure or related underground storage tank (UST) issue immediately when discovered.
5.11. VEHICLE MAINTENANCE PLAN AND PROGRAM
5.11.1 FTA Circulars 5010.1F and 9030.1E (refer to www.transit.dot.gov/regulations-and-programs/fta-circulars/circulars) require each recipient of federal funding to have a current written maintenance plan for its federally funded rolling stock. CONTRACTOR shall fully comply with these Circulars and provide a formal written plan for maintaining transit vehicles, pursuant to Section 5.14.3, for the CITY’s review and written approval. See Section 5.8 for reference.
5.11.2 An effective maintenance plan and program addresses the unique needs of each type of transit vehicle and the unique characteristics of each operating environment. At a minimum, the plan and program shall be updated annually and shall:
5.11.2.1 Identify and define goals and objectives and provide tangible evidence of how they are achieved; including any workforce development strategies or apprenticeships needed in conjunction with the implementation of newer propulsion systems (i.e., battery, electric, hybrid electric);
5.11.2.2 Identify and describe the current mix of rolling stock assigned to CONTRACTOR;
5.11.2.3 Outline procedures for maintaining safety and accessibility equipment including but not limited to all on-board systems as outlined in Section 5.8.12;
5.11.2.4 Describe preventive maintenance procedures, including PM intervals for each vehicle type; Warranty Recovery Procedures, ADA Accessibility Equipment, etc.;
5.11.2.5 Adhere to OEM requirements for vehicles and parts under warranty;
5.11.2.6 Be updated annually to account for industry changes;
5.11.2.7 Be submitted to the CITY annually in electronic form subject to the CITY’s review and written approval.
5.12. REVENUE COLLECTION AND CONTROL
All fares collected are the property of the CITY. All cash boxes must be emptied from the fareboxes and probed by CONTRACTOR staff, recorded daily for all Revenue Vehicles, and reported to the CITY in the monthly Farebox Probe/Cash box Report. CONTRACTOR shall keep a log of each revenue vehicle probed, and cash box emptied, and report to the CITY any problems encountered with the process on a daily basis. CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, a monthly farebox probing report.
5.12.1 The CITY may periodically conduct on-board farebox checks, including observations to ensure Operators’ proper interface with the farebox and Vix validators according to instructions provided by the FCS provider; and report any problems. CONTRACTOR shall cooperate with the CITY in any such on-board checks.
5.12.2 CONTRACTOR's bus operators shall ensure collection and recording of each boarding by fare type, including recording of each non-fare boardings as set forth by the CITY and regional fare policies, as amended. Refer to valleymetro.org/fares/fare-policy for the latest fare policy.
5.12.3 CONTRACTOR shall enforce the City Council-Approved Regional Fare Structure, see https://www.valleymetro.org/fares. CONTRACTOR shall ensure fares are charged and collected from all passengers, and that passengers paying reduced cash fares, or boarding with reduced fare media, are eligible for such reductions. Cancelled or expired Smartcards are not allowed for fare payment. CONTRACTOR shall ensure that Smartcards with mutilated pictures or graphics are confirmed eligible for fare payment and that all passengers activate/validate their passes in an approved manner with the validator. CONTRACTOR shall be liable to the CITY for uncollected fares except where a properly maintained farebox or validator has malfunctioned or is unable to accept fare media or cash fares. The recovery of uncollected fares for which CONTRACTOR is liable to the CITY will be determined by the CITY in its sole discretion.
5.12.4 CONTRACTOR shall provide sufficient revenue employees and training to ensure that each day all Revenue Vehicles in Revenue Service have cashboxes emptied, the data is downloaded from the farebox into Public Transit Department FCS, and that all information is uploaded into the farebox from the FCS. CONTRACTOR shall also provide the requisite number of staff to perform farebox fingertip maintenance and repairs and preventive maintenance tasks as outlined in FCS manuals (Exhibit II – FB30 Farebox Service Manual and Exhibit KK - FB30 PMI) or as otherwise directed by the CITY. This includes performing repairs to remedy farebox and validator malfunctions while vehicles are in Revenue Service. Introduction of a BRT system may include off-board fare payment and/or modified payment enforcement conducted by someone other than the operator.
5.12.5 CONTRACTOR shall implement adequate controls over every facet of the FCS including, but not limited to, ensuring malfunctioning fareboxes and validators are reported to the CITY’s OCC, and are repaired immediately in accordance with fingertip maintenance procedures jointly defined and approved by the CITY and the FCS contractor, or where applicable, are reported immediately to the CITY's FCS contractor helpdesk for repair as soon as the malfunctioning farebox, validator, or vault equipment is identified. When a repair is beyond the scope of the Contract, CONTRACTOR shall use the CITY’s current Field Corrective Action Form (see Exhibit JJ -Field Corrective Action Form) and will also be available digitally to report farebox or validator malfunctions and request farebox repairs from the CITY’s FCS contractor. CONTRACTOR shall ensure that preventive maintenance is performed in a timely manner. CONTRACTOR shall perform:
5.12.5.1 Fingertip maintenance procedures as prescribed on page 142 of Exhibit II – FB30 Farebox Service Manual and Exhibit KK - FB30 PMI.
5.12.5.2 Farebox and Validator preventive maintenance procedures as prescribed in Exhibit II – FB30 Farebox Service Manual and Exhibit KK - FB30 PMI. Farebox preventive maintenance tasks to be performed by CONTRACTOR are as follows:
Farebox/Validator Preventive Maintenance
Task Frequency
Monitor and Track Farebox and Validator Maintenance
Daily (Before bus leaves yard)
Cleaning of Farebox and Validator Exterior
Daily (Before bus leaves yard)
Cleaning of Control Unit (OCU)
Monthly
Cleaning of Coin Verifier
Monthly
Cleaning of Bank Note System (BNS) with Cleaning Pad
Monthly
5.12.5.3 CONTRACTOR shall be responsible for reimbursing the CITY's FCS contractor for the cost of any out-of-scope repairs not covered under the CITY's Maintenance Service Agreement with Valley Metro and FCS. Out of scope repairs include, but are not limited to, damage to the farebox or validator components due to misuse, negligence, unauthorized maintenance and vandalism by a CONTRACTOR employee or the riding public.
5.12.5.4 The CITY will perform periodic inspections of CONTRACTOR’s farebox preventive maintenance records to ensure the requisite maintenance is performed at the intervals listed above.
5.12.5.5 CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, a monthly report generated by CONTRACTOR’s vehicle maintenance software program for all completed farebox prevention maintenance inspections.
5.12.5.6 CONTRACTOR shall ensure that strict controls are maintained over cash collected. Audits will be conducted by the CITY to ensure Contract Workers follow the stated fare collecting procedures and policies, and CONTRACTOR’s supervisory staff monitor fare collecting procedures and policies as needed. The CITY shall be notified of any proposed changes to CONTRACTOR's fare collecting procedures or policies.
5.12.5.7 CONTRACTOR shall maintain a log of all revenue vehicles in Revenue Service each day and reconcile the log to the revenue vehicles probed every day to verify that all revenue vehicles that were in Revenue Service were probed and the cashboxes emptied in compliance with procedures described in the FCS documents. See page 85 of Exhibit II - FB30 Farebox Service Manual. When a farebox is unable to connect to the garage server during normal probing, either due to network or other hardware related issues, the offline probing process must be used. A copy of the daily reconciliation must be provided to the CITY and kept on file by CONTRACTOR for the CITY's auditing purposes.
5.12.5.8 CONTRACTOR shall exchange the facility mobile vaults with empty vaults when they are full. The CITY shall make available an adequate supply of mobile vaults to CONTRACTOR. The CITY will empty the mobile vaults each day to separate cash to allow for reconciliation and prepare the cash for pick-up by the CITY's designated armored car service Monday through Friday, except CITY-observed holidays, unless required to ensure CONTRACTOR can continue to probe and empty the cash boxes. If a bus is removed from service due to repairs, CONTRACTOR must ensure the cashbox is removed and vaulted, and the farebox is probed immediately to ensure revenue and farebox data is recorded in a timely manner. The CITY shall randomly select the Revenue Vehicles that will have the cashboxes audited, on a specified day or weekly, or as often as is deemed necessary by the CITY to ensure the accuracy of the farebox. During such audits, CONTRACTOR staff shall complete a separate tag to identify each cashbox and attach it to the cashbox handle. The tag must contain the following information: date, time, bus number, and cashbox puller's name. The cashboxes must be locked in a secure location until CITY staff arrives to audit and record the cash in each cashbox.
5.12.5.9 The CITY's designated armored car service will transport all fare revenue from the transit facility to a location where the cash will be counted and deposited into the CITY’s bank account.
5.12.5.10 CONTRACTOR must provide the CITY, pursuant to Section 5.14.3, a Fare Collection System Key Control Policy, subject to approval by the CITY in writing. The policies/procedures will identify the Key Control authorities, the individual(s) requiring revenue keys and/or probing cards, and the individual(s) responsible for securing keys and/or probing cards. The policies/procedures shall include the process for acquiring revenue keys and/or probing cards, the procedure to follow for notification of lost, stolen or damaged keys and/or probing cards, and the process to follow for the return of terminated employee revenue keys and/or probing cards. Upon receipt of these policies/procedures, CONTRACTOR shall submit the appropriate forms to request employee rights/access to the FCS along with the appropriate forms for the issuance of revenue keys and/or probing cards. Upon separation of any revenue employee, CONTRACTOR shall immediately collect all revenue keys and/or probing cards and notify the CITY of such changes.
5.12.5.11 Any personnel involved in cashbox pulling or supervision at any level must undergo a background check prior to hiring. CONTRACTOR shall provide the CITY with the names of the cashbox pullers and allow the CITY an opportunity to review the cashbox pullers’ background checks.
5.12.5.12 Each fare revenue employee will be provided an identification card that will also provide access to the fare revenue room. Upon separation of any revenue employee, CONTRACTOR shall immediately collect the identification card and notify the CITY within 72 hours of the effective date of separation
5.12.5.13 CONTRACTOR shall ensure that the CITY's fare revenue is safeguarded to the maximum extent possible. If CONTRACTOR fails to provide adequate safeguards or is negligent, CONTRACTOR is liable for all uncollected, lost, stolen or misplaced revenues for which the CITY will invoice CONTRACTOR.
5.13. LOST AND FOUND POLICY
CONTRACTOR shall make a reasonable attempt to identify and return lost items as provided below within 24 hours. The CITY provides lost-and-found tags and “found item” log sheets for the CONTRACTOR’S use. See Exhibit LL – Lost & Found Tag and Exhibit MM – Lost & Found Log. When it is not possible to return the item, CONTRACTOR shall:
5.13.1 Tag the item and note the date, garage, route number, run number, and vehicle number.
5.13.2 Include name of and employee number of the person who found the item and a detailed description of the item. If the item is a lost bike, include the type of bike as well as the brand. E.g., Huffy mountain bike. Also, mark whether the items (e.g., purse or wallet) includes cash or checks and note the specific dollar amount.
5.13.3 Maintain a log of the lost and found items by using the provided log sheet (See Exhibit MM – Lost & Found Log) and completing the date, tag number, route number, vehicle number and a detailed description of the item(s). The “Disposition of the Item” section will be completed by CITY staff.
5.13.4 Coordinate the delivery of lost items to the CITY’s Central Station transit center currently located at 302 North 1st Avenue, Suite #120 in downtown Phoenix or an alternate location as determined by the CITY. Central Station staff is responsible for the disposition of any property delivered to them by CONTRACTOR. Under no circumstance may any lost and found items be given to or taken by Contract Workers.
5.13.5 Deliver all lost and found items within 24 hours, Monday - Friday between the hours of 8:00 a.m. to 10:00 a.m., excluding CITY holidays.
5.14. DATA GATHERING AND REPORTING REQUIREMENTS
5.14.1 CONTRACTOR shall collect data as required and outlined by the CITY and provide periodic statements showing a comparison of the transit system's past performance. Monthly and quarterly reports are due on or before the 10th of the following month. Annual reports are due by July 30th of each year, unless otherwise indicated by the CITY in writing.
5.14.2 CONTRACTOR is responsible for ensuring the accuracy and timeliness of all information provided. CONTRACTOR shall provide all information and reports required by the CITY or the FTA and will permit access to books, records, accounts, or any other sources of information and facilities as may be requested by the CITY. Where any information required is in exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the CITY or FTA, as appropriate, and shall set forth what efforts it has made to obtain the information. All data gatherings and reporting must conform to CITY and FTA requirements. CONTRACTOR shall remit all reports to the CITY in a format prescribed by the CITY. Formatting requirements vary by report and will be discussed with the CONTRACTOR. Any report may be revised, reorganized, changed, increased or decreased in number and frequency as directed by the CITY in its sole discretion.
5.14.3 The table below provides the frequency for CONTRACTOR’s preparation of policies, schedules, reporting, procedures, plans, reports, etc. Additional details for these deliverables are provided below.
NAME
FREQUENCY
Vehicle Operations Personnel Training (see Section 5.25)
As requested
Status of Non-Revenue Vehicles (see Section 5.4.13.6)
As requested
Down Vehicle List (see Section 5.8.5)
Daily
Fuel Use Report (see Section 5.4)
Daily/Monthly
ADA and Title VI Complaint Resolution Plan (see Section 5.26)
Due within 60 days from the Contract’s start and annually thereafter
ADA Training Plan and Curriculum (see Section 5.25.3)
Due within 60 days from the Contract’s start and annually thereafter
Equipment Maintenance Program (see Section 5.10.8.4)
Due within 60 days from the Contract’s start and annually thereafter
Continuity of Operations Plan (COOP) (see Section 5.20.2)
Due within 60 days from the Contract’s start and annually thereafter
Drug and Alcohol (Substance Abuse) Plan (see Section 5.18.1)
Due within 60 days from the Contract’s start and annually thereafter
Emergency Operations Plan (see Section 5.20.1)
Due within 60 days from the Contract’s start and annually thereafter
Environmental Management Program (see Section 5.10.12.1)
Due within 60 days from the Contract’s start and as requested thereafter
Equal Employment Opportunity (EEO) Plan (see Section 5.27.1)
Due within 60 days from contract start and quadrennially (ever four years) thereafter
Facility Emergency Response Plan (see Section 5.10.12.6)
Due within 60 days from the Contract’s start and annually thereafter
Fare Collection System Key Control Policy (see Sections 5.32.11 and 5.12.5.10)
Due within 60 days from the Contract’s start and annually thereafter
Operations Staff Training Plan and Program (see Section 5.25)
Due within 60 days from the Contract’s start and as requested thereafter
Public Transportation Agency Safety Plan (PTASP) (see Section 5.15.10)
Due within 60 days from the Contract’s start and annually thereafter
Risk Control and Safety Plan (see Section 5.15.9)
Due within 60 days from the Contract’s start and annually thereafter
Vehicle Idling Policy (see Section 5.8.7.10) and Section 5.11)
At the Contract Start Date
Vehicle Maintenance Plan (see Section 5.8.1 and Section 5.11)
Along with proposal
BRT Ridership (if applicable) (see Section 5.14.8)
Monthly
Customer Contacts (see Section 5.32.6)
Monthly
Disadvantaged Business Enterprise – Neutral (DBE-N) Report (see Section 5.27.2)
Monthly
Farebox and Vehicle PMI (see Sections 5.12.5.8 and Section 5.5.1.8)
Monthly
Farebox Probe/Cash box Report (see Section 5.12)
Monthly
Invoice Itemization Report (see Section 5.2.7)
Monthly
Monthly Management Report (MMR) (see Section 5.14.6)
Monthly
National Transit Database Reports (see Sections 5.27.4 and 5.27.5)
Monthly
Neighborhood Circulator Ridership (see Sections 5.2.1 and 5.14.8)
Monthly
On-Time Performance Report (see Section 5.14.10)
Monthly
Operating Statement (see Section 5.14.11)
Monthly
Preventable Accidents (see Section 5.32.7)
Monthly
Road Call Report (see Section 5.8.9.3)
Monthly, As requested
Safety/Mechanical Report (see Section 5.14.12)
Monthly
Utility Usage and Cost Report (see Section 5.10.10.5)
Monthly
Vehicle Accident Summary Report (see Sections 5.27.3 and 5.32.7)
Monthly
Vehicle Warranty Report (see Section 5.8.14)
Monthly
Wheelchair Rescues Conducted Report (see Section 5.14.14)
Monthly
Cash Handling Plan (see Section 5.13.14)
Annually from contract start date
Management Information System (MIS) Report (see Section 5.18.1)
Annually from contract start date
Small Business Participation Plan (see Section 5.27.3)
Annually from contract start date
Job Site and Safety Inspections (see Section 5.15.7)
Monthly
Road Supervision Staffing Plan (see Section 5.4.16.1)
At start of the contract and annually
Quality Assurance Plan (see Sections 5.8.7.7 and 5.8.6.17)
To be included as part of the Vehicle Maintenance Plan.
Transition Plan (see Section 5.4.15)
Along with proposal
Graffiti Abatement Plan (see Section 5.8.4.5)
Annually from contract start date
5.14.4 Customer Contacts: A monthly report, including a status or disposition, of all customer contacts received by CONTRACTOR.
5.14.5 Invoice Itemization Report: CONTRACTOR shall invoice the CITY monthly. CONTRACTOR shall also submit to the CITY, pursuant to Section 5.14.3, a monthly Invoice Itemization Report with CONTRACTOR’s monthly invoicing. This report shall provide a monthly itemization for CONTRACTOR’s services performed by category of weekday, Saturday, and Sunday, including but not limited to total days, revenue miles operated, rate of payment per route type (including but not limited to local, RAPID, and circulator); missed service, and maintenance costs. The itemized invoice will be printed on CONTRACTOR’s letterhead and signed by the General Manager.
5.14.6 Monthly Management Report (MMR): Monthly report of key data including but not limited to weekday and weekend ridership for local, RAPID, BRT, and circulator routes; on time performance; and other data as prescribed by the CITY.
5.14.7 National Transit Database (NTD) Report: Annual report of transit statistics as prescribed by the CITY and NTD Reporting Manual. Note: For the purpose of NTD reporting, Revenue Hours are the total of in-service time providing passenger service and layover hours.
5.14.8 BRT Ridership (if applicable): Monthly report of ridership for each BRT route, to include total Passengers, wheelchair/mobility aid, and bicycle boardings.
5.14.9 Operating Statement: Monthly report to include a summary of revenue and non-revenue hours, total scheduled miles, vehicle hours, Revenue Miles and non-revenue miles, missed Revenue Miles, total vehicle miles, wheelchair/mobility aid boardings, on-time performance, missed trips, performance indicator statistics, and accidents (chargeable and non-chargeable).
5.14.10 Safety/Mechanical: Monthly report indicating mechanical breakdowns and vehicle inspections. Mechanical breakdowns that result in a six-minute or greater delay in service shall be reported. Details shall include date, time, route, location, unit number, type of problem, CONTRACTOR response and remedy, and length of delay.
5.14.11 Wheelchair Rescues Conducted: Monthly report of the total number of wheelchair rescues conducted each month with corresponding problem that necessitated the rescue.
5.14.12 Disadvantaged Business Enterprise - Neutral (DBE-N): CONTRACTOR agrees that in connection with performance of this Contract, CONTRACTOR will cooperate with the CITY in meeting its commitments and goals with regard to the maximum utilization of DBE-N, and CONTRACTOR will use its best efforts to ensure that disadvantaged business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this Contract. This assurance is given by CONTRACTOR and is binding upon it and upon its sub-grantees, CONTRACTORs, subcontractors, transferees, successors in interest and other participants.
5.14.13 Cash Handling Plan: Annual plan outlining procedures for fare collection.
5.14.14 At the conclusion of the Contract Term or as requested by the City, CONTRACTOR shall submit all reports and documentation as required by Federal, State, and local regulations and by the terms of the Contract. Furthermore, CONTRACTOR shall ensure that all reports are current and complete.
5.15. RISK CONTROL AND SAFETY PROGRAM
CONTRACTOR is solely responsible for safety under the Contract. CONTRACTOR shall safely render all services and perform all work under the Contract. CONTRACTOR shall develop a comprehensive, ongoing systematic review of hazards involving vehicles, equipment, machines, the environment, and personnel, and take action to avoid identifiable hazards as required as part of CONTRACTOR services. The goal is to provide a safe environment for the public and CONTRACTOR.
5.15.2 CONTRACTOR shall be responsible for compliance with all applicable Federal, State, County and local laws, ordinances, and regulations during the performance of this work. CONTRACTOR shall indemnify the CITY from fines, penalties, and corrective measures that result from acts of commission or omission of CONTRACTOR, its subcontractors (if any), agents, employees, and assigns and their failure to comply with such safety rules and regulations.
5.15.3 CONTRACTOR shall enforce the use of any and all personal protective equipment needed to complete the tasks required by this Contract.
5.15.4 CONTRACTOR shall provide warning signs, barricades and verbal warnings as required in order to provide proper guidance to its contract workers.
5.15.5 CONTRACTOR shall inform its employees and subcontractors of emergency procedures to be followed in case of a fire, medical emergency, or any other life-threatening catastrophes.
5.15.6 CONTRACTOR shall notify the CITY immediately of any accident involving personnel or damage to material and equipment. All accidents involving a CITY-owned vehicle will also be logged into the CAD/AVL system by the CITY’s OCC.
5.15.7 CONTRACTOR shall perform job site safety inspections monthly. A report of CONTRACTOR’S findings and observations, as well as any corrective measures taken shall be made available to the CITY monthly or upon request.
5.15.8 CONTRACTOR shall provide and maintain on the site, at all times, first aid kits which contain all emergency medical supplies likely to be required by persons in the facility.
5.15.9 CONTRACTOR shall provide a Risk Control and Safety Plan with written rules and procedures for the assessment of preventable and non-preventable accidents. CONTRACTOR shall:
5.15.9.1 Conduct monthly safety inspections.
5.15.9.2 Hold monthly safety committee meetings.
5.15.9.3 Perform annual reviews of vehicular and passenger accidents.
5.15.9.4 Develop and implement safety related training.
5.15.9.5 Conduct hazardous materials training.
5.15.10 Public Transportation Agency Safety Plan (PTASP): To comply with the FTA’s PTASP regulations, 49 CFR Part 673, the CITY requires all service provider contractors to develop and implement a PTASP unique to the contractor’s system and scope of operations that follows established FTA guidelines for plans.
5.15.10.1 The PTASP should be submitted to CITY for approval and implementation pursuant to Section 5.14.3 and should be developed utilizing federally required processes and procedures that implement Safety Management Systems (SMS) principles and methods. Such processes include the establishment and regular meetings of a Safety Committee that includes an equal number of frontline employee representatives and management representatives, as outlined by the FTA.
5.15.10.2 The CONTRACTOR’s SMS shall include the PTASP’s Safety Management Policy Statement and Safety Risk Management Safety Assurance, and Safety Promotion policies and procedures that encompass a top-down and data-driven approach to safety risk mitigation. The plan should address the Safety Performance Baselines and Targets as identified by the Federal Transit Administration.
5.15.10.3 Safety and Security Assessment Cooperation
The CONTRACTOR shall cooperate with and support all safety and security assessments conducted or directed by the CITY related to the CONTRACTOR’s transit operations. This obligation includes providing the CITY with reasonable access to all relevant facilities, vehicles, records, data, and personnel. The CONTRACTOR shall also participate in any meetings, inspections, or reviews as requested by the CITY.
CONTRACTOR shall designate qualified safety and security representatives to coordinate all assessment-related activities. CONTRACTOR shall review assessment findings and implement any CITY approved corrective actions within mutually agreed upon timeframes. Participation in these assessments is considered part of the CONTRACTOR’s standard scope of work and shall be provided at no additional cost to the CITY.
5.16. VEHICULAR-EMPLOYEE ACCIDENT AND INJURY INVESTIGATION
5.16.1 For investigation of non-revenue accidents and injuries, CONTRACTOR shall:
5.16.1.1 Interview supervisors and employees relative to accident/injury
5.16.1.2 Assist employee(s) in filing proper reports in a timely manner.
5.16.1.3 Process claims to appropriate local/state agencies.
5.16.1.4 Submit appropriate monthly reports.
5.16.1.5 Work as a liaison with respective police department(s).
5.16.1.6 Report all accidents to the OCC designated CITY staff.
5.16.2 CONTRACTOR shall report all accidents involving a CITY-owned vehicle, including minor accidents that occur on CITY property, to the OCC and CITY’S staff.
5.17. ACCIDENTS/INCIDENTS NOTIFICATION REQUIREMENT AND PROCESS
Accidents are defined per 49 CFR § 655.4. CONTRACTOR must report to the CITY, on a monthly basis, any major safety and security incidents, as well as any non-major safety and security incidents, per the reporting thresholds outlined in the National Transit Database (NTD) Safety and Security Reporting Manual currently available at: 2026 NTD Safety and Security Policy Manual. The CITY must be notified as quickly as possible of any accident that meets the above criteria, or when any media respond or are potentially anticipated to respond to any accident scene.
5.18. SUBSTANCE ABUSE PREVENTION POLICY
5.18.1 CONTRACTOR shall establish and implement a drug and alcohol testing Program that complies with 49 CFR Parts 40 and 655; produce any documentation necessary to establish its compliance with Part 40 and Part 655; and permit any authorized representative of the United States Department of Transportation or the CITY to inspect the facilities and records associated with the implementation of the drug and alcohol testing programs required under Part 40 and Part 655 and review the testing process. CONTRACTOR shall submit to the CITY, pursuant to Section 5.14.3, its annual Management Information System (MIS) Report.
5.18.2 CONTRACTOR shall maintain and submit to the CITY, pursuant to Section 5.14.3, a comprehensive Drug and Alcohol (Substance Abuse) Plan. This Plan is an annual plan outlining substance abuse testing as required by 49 CFR Parts 40 and 655. At the conclusion of the Contract’s term, CONTRACTOR shall submit all reports and documentation as required by federal, state, and local regulations and in accordance with the Contract’s terms. Further, CONTRACTOR shall ensure that all reports are current and complete. The Plan shall include, but is not limited to:
5.18.2.1 An adopted drug and alcohol use policy applicable to all safety-sensitive covered employees.
5.18.2.2 A minimum required training for all safety-sensitive covered employees and supervisors, including initial and refresher training, consistent with 49 CFR Part 655.
5.18.2.3 Drug and alcohol testing procedures consistent with 49 CFR Parts 40 and 655, including pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up testing, as applicable.
5.18.2.4 Verification to ensure Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), Breath Alcohol Technicians (BATs), Screening Test Technicians (STTs), and collectors meet all the qualifications and training requirements under 49 CFR Part 40.
5.18.2.5 Maintain all records in a secure location with controlled access and in compliance with the retention period requirements for each type, as required by 49 CFR § 655.71.
5.19. OPERATION DURING A DECLARED EMERGENCY
In the event of a declared emergency, CONTRACTOR must deploy Operators, vehicles, and support staff in a manner prescribed by the CITY. The CITY will reimburse CONTRACTOR during such period of declared emergency for services that exceed the normal expense of operating service under this Contract.
5.20. EMERGENCIES
5.20.1 CONTRACTOR shall develop, implement, and maintain an Emergency Operations Plan to respond to emergencies and routine problems that may occur. Written procedures and processes must be submitted to the CITY sixty (60) days prior to the start of service and will be updated annually. Occurrences include, but are not limited to:
5.20.1.1 Passenger injuries.
5.20.1.2 Deaths.
5.20.1.3 Disturbances.
5.20.1.4 Illness.
5.20.1.5 Inclement weather.
5.20.1.6 Accidents.
5.20.1.7 Detours.
5.20.1.8 Employee injuries.
5.20.1.9 Strikes/walkouts/work stoppage(s).
5.20.2 CONTRACTOR shall prepare and maintain during the term of its contract with the CITY a Continuity of Operations Plan (COOP) that complies with Federal Preparedness Circular 65 (refer to Exhibit NN - FPC-65) as amended. The CITY may request, and CONTRACTOR shall provide, the COOP at any time during the term of the Contract. The CITY may request an updated COOP at any time during the term of the Contract. As needed, CONTRACTOR shall also assist the CITY in developing and maintaining emergency planning efforts, including emergency preparedness and disaster recovery planning.
5.20.3 The CONTRACTOR shall immediately notify the CITY of any known or potential work stoppage or concerted work action. Upon request by the CITY, the CONTRACTOR shall provide a written strike plan within forty-eight (48) hours of the initial notification. The plan must be specific to the anticipated work stoppage or related workforce actions, whether in whole or in part of the CONTRACTOR's work force. The CITY may also request updated strike plans at any time during the term of the Contract, and the CONTRACTOR shall promptly submit such updates upon request.
5.20.4 In the event of any work stoppage, the CONTRACTOR shall remain fully responsible for operating daily service at a level equal to or greater than Sunday service levels. Implementation of such service shall occur no later than five (5) calendar days following the initiation of the work stoppage. The CONTRACTOR shall use its best efforts to allocate all available resources to maintain service beginning on the first day of the work stoppage. As resources permit, service shall be prioritized on routes with the highest ridership or as otherwise directed by the CITY.
5.20.4.1 The CONTRACTOR shall bear all costs associated with the development and implementation of the reduced service level. During such periods, the CITY’s payment obligation to the CONTRACTOR shall be limited solely to compensation for Revenue Miles actually operated.
5.20.4.2 If the CONTRACTOR fails to provide services in full compliance with this section within five (5) calendar days following the initiation of a work stoppage or concerted work action, the CITY may, in lieu of declaring the CONTRACTOR in default, elect to engage a replacement operator to perform the services. Such services shall be collectively referred to as “Replacement Services.”
5.20.4.3 The CITY may utilize such Replacement Services as a substitute for all or any part of CONTRACTOR’S services and may maintain Replacement Services in effect until CONTRACTOR is able to resume performance in full compliance with this contract. Before implementing Replacement Services, the CITY shall notify CONTRACTOR in writing and provide CONTRACTOR twenty-four (24) hours in which to cure its noncompliance with the Contract.
5.20.4.4 If the CITY engages Replacement Services under this Contract, the CONTRACTOR shall be liable to the CITY for the actual amount by which the cost of such services exceeds the amount that would have been payable to the CONTRACTOR for comparable services under this Contract. During any period in which Replacement Services are provided, the CITY’s sole compensation to the CONTRACTOR shall be limited to payment for the Revenue Miles that the CONTRACTOR itself operates.
5.20.4.5 Any action taken by the CITY in response to the CONTRACTOR’s failure to perform shall not prevent or limit the CITY from subsequently declaring the CONTRACTOR in default of this Contract for the same or any related failure to perform.
5.21. MARKETING AND PUBLIC RELATIONS
5.21.1 The CITY shall provide all schedules, maps, interior car cards, fare media and other printed passenger information materials required for marketing the transit service.
5.21.2 CONTRACTOR shall distribute and/or install CITY passenger notices or interior car cards, cooperate and participate in marketing, promotion, advertising, public relations, and public education programs and projects undertaken by the CITY from time to time. All advertising materials are subject to CITY approval prior to being installed. All signage, except those required by the CITY, are subject to placement on a space-available basis with paid advertising as the priority.
5.21.3 The CITY shall be the exclusive public media spokesperson in connection with transportation service, unless media inquiries are specific to CONTRACTOR’s proprietary information or are inquiries to which only CONTRACTOR can respond.
5.21.4 Before taking action, CONTRACTOR shall notify the CITY of any court subpoenas, public or media requests for records, data or other information in possession of CONTRACTOR related to performance of Contract requirements, terms or conditions.
5.21.5 The CITY has established guidelines for communicative activities on public transit properties and assets. Under no circumstances shall CONTRACTOR or its employees distribute or allow the placement or distribution of any unauthorized oral, printed, or written materials on public transit properties or assets without the expressed written permission from the CITY.
5.22. ADVERTISING ON EXTERIOR AND INTERIOR OF VEHICLES
5.22.1 CONTRACTOR shall allow the CITY’s contracted bus advertising vendor and its subcontractors access to all buses assigned to this Contract to install and remove advertising materials and to accommodate the vendor's need to accomplish those tasks through CONTRACTOR’s provision of working space and available vehicles for them to the extent it does not unreasonably interfere with CONTRACTOR's primary duties of providing transit services.
5.22.2 CONTRACTOR shall communicate regularly with the CITY’s bus advertising vendors regarding issues affecting bus availability for advertising installation and removal, such as providing the CITY’s vendor a copy of the daily bus out-of-service list, and 90-day paint cure period list.
5.22.3 CONTRACTOR shall ensure revenue vehicles are washed, dried, and prepared for advertising installation when the CITY or the CITY’s bus advertising vendor provides an advance notice of three business days.
5.22.4 CONTRACTOR shall regularly install and remove selected interior passenger notices and signage bus cards at the CITY's direction. All signage, except those required by the FTA or the CITY, are subject to placement on a space-available basis with paid advertising as the priority. All non-paid advertising interior car cards shall be displayed in a clean and neat condition acceptable to the CITY. CONTRACTOR shall inspect non-paid interior advertising car cards daily during the fueling/cleaning of revenue vehicles and remove and replace any passenger notices and signage car cards in disrepair (rips, tears, graffiti, and excessively dirty or faded). Old car cards shall be removed within forty-eight (48) hours from notice by the CITY.
5.22.5 Advertising materials shall be posted with adherence to the dates notated on the individual advertising contracts between the CITY’s advertising Vendor and its clients. The materials shall also be posted with adherence to the Public Transit advertising standards which can be found in Exhibit OO - Transit Advertising Standards.
5.22.6 CONTRACTOR shall conduct a pre-installation inspection of revenue vehicles and approve for advertising installation. Any damage discovered by CONTRACTOR shall be documented during any pre- or post-inspections conducted by CONTRACTOR. CONTRACTOR shall reject the damaged revenue vehicle from advertising installation until repairs are complete and notify the CITY. The CITY, in its sole opinion, will determine the responsible party for any bus damage and necessary repairs.
5.22.7 The CITY's bus advertising vendor is responsible for repairing any damage to a revenue vehicle which the CITY, in its sole opinion, deems resultant from the installation or removal of advertising material by the CITY's advertising Vendor. The bus advertising Vendor can choose to work with CONTRACTOR to effect repairs. CONTRACTOR shall develop a system to document such damage to distinguish it from other types of damage; such a system shall include bus number, area(s) needing repair, and digital pictures of each affected vehicle’s condition. If CONTRACTOR provides the repair work, CONTRACTOR shall obtain the concurrence of, and invoice the CITY's bus advertising Vendor for, such repairs within thirty (30) days at the current standard hourly rate for CONTRACTOR, a cost agreed upon between CONTRACTOR and the CITY’s advertising vendor and reviewed by the CITY.
5.22.8 CONTRACTOR, at no additional cost to the CITY, may remove exterior advertisements to conduct vehicle repairs if CONTRACTOR receives prior approval from the CITY, who will communicate with the CITY’s bus advertising vendor regarding the removal.
5.23. CONTRACTED SERVICE PERSONNEL
5.23.1 Independent Contractor/Employee Responsibilities:
5.23.1.1 This Contract is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership, joint employer arrangement, or other relationship between the CITY and CONTRACTOR, nor does the Contract establish a formal business organization of any kind, and the parties’ rights and obligations shall be only those expressly set forth in the Contract. The parties agree that no persons supplied by CONTRACTOR in the performance of CONTRACTOR’S obligations under the Contract are considered to be CITY employees, and no rights of CITY civil service, retirement, or personnel rules apply or accrue to such persons. CONTRACTOR shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto for its employees, and CONTRACTOR shall defend, indemnify, save, and hold the CITY harmless with respect thereto.
5.23.1.2 CONTRACTOR shall be solely responsible for the satisfactory work performance of all employees as described in this Contract and for any performance standards established by the CITY. CONTRACTOR shall be solely responsible for payment of all its employees’ and/or subcontractors’ wages and benefits. See Exhibit PP Seniority – Employee Wage and Progression.
5.23.1.3 In addition, CONTRACTOR shall be responsible for identifying and arranging restroom and break facilities for use by the Operators while in the provision of service on all designated routes. It is imperative that the Contractor regularly monitor the availability of such facilities, meet with its personnel to seek input on the location and condition of such facilities, and provide feedback to the City during the schedule development process in order to incorporate the location of such facilities into regional transit schedules. See Exhibit M - Comfort Stations.
5.23.1.4 CONTRACTOR shall maintain Key Personnel (see Sections 5.23.2 – 5.23.7) locally present and committed full-time for the project. Key Personnel identified in CONTRACTOR Proposal must be maintained for a minimum of eighteen (18) months from the Contract date unless they resign their employment with CONTRACTOR. All of CONTRACTOR's Key Personnel shall be assigned full-time (a minimum of forty (40) hours per week), must be locally present during business hours (8:00 a.m. – 5:00 p.m.) to this project unless otherwise approved in writing by the CITY. CONTRACTOR shall notify the CITY in writing prior to removing, reassigning, or appointing an individual from, or to, any key personnel position, whether in an acting or permanent capacity. The Contractor shall ensure that designated Key Personnel/other supervisory personnel, provide continuous operational oversight throughout all required service periods. The Contractor acknowledges that operational needs may require Key Personnel to work weekends, holidays, non standard hours, or respond to emergent situations. Such coverage shall be provided at no additional cost unless expressly approved in writing. In the event Key Personnel are unavailable for any period, the Contractor shall ensure a qualified and pre approved alternate is immediately assigned to maintain uninterrupted supervision and service continuity. Key personnel shall also be available for occasional after-hours and weekend support.
5.23.1.5 For all Key Personnel, including General Manager, Maintenance Manager, Operations Manager, Environmental Manager, Safety and Training Manager, and Information Technology Specialist, CONTRACTOR shall fill vacancies with CITY approval within forty-five (45) calendar days of the vacancy. The CITY reserves the right to approve the qualifications of any Key Personnel proposed by CONTRACTOR, and to provide input to CONTRACTOR as appropriate. The CITY may advise CONTRACTOR regarding the individual's performance with respect to the specifications and performance goals stated in the Contract. Offices of all CONTRACTOR personnel assigned to this Contract will be physically located at the North and/or South Transit Facilities.
5.23.2 GENERAL MANAGER
The CONTRACTOR shall provide contract management through a General Manager with the authority and capability to oversee and manage all activities associated with the Scope of Work and this Contract. The General Manager’s principal function shall be to supervise operations and provide expertise in all aspects of assigned transit services. The General Manager shall work collaboratively with the CITY to ensure the delivery of a consistently high level of service quality. This position is required to maintain on site presence during all standard operating hours, work a minimum of 40 hours per week, and provide coverage during weekends, holidays, or emergencies as needed. A qualified alternate must be provided if the individual is unavailable.
Minimum Qualifications: The General Manager shall possess a minimum of five (5) years of experience, within the past seven (7) years, serving as a manager responsible for supervising and operating a fixed-cost transit property or operation of comparable size and scope.
5.23.3 MAINTENANCE MANAGER
The CONTRACTOR shall provide maintenance management through a Maintenance Manager with the authority and capability to oversee all maintenance functions and personnel. The principal responsibility of the Maintenance Manager shall be to direct and supervise fleet maintenance operations and staff to ensure effective performance and compliance with the requirements of this Contract. This position is required to maintain on site presence during all standard operating hours, work a minimum of 40 hours per week, and provide coverage during weekends, holidays, or emergencies as needed. A qualified alternate must be provided if the individual is unavailable.
Minimum Qualifications: The Maintenance Manager shall possess a minimum of five (5) years of experience, within the past seven (7) years, in a management capacity overseeing a fixed-cost transit property or operation with an alternative fuel fleet of comparable size and scope.
5.23.4 OPERATIONS MANAGER
The CONTRACTOR shall provide operations management through an Operations Manager with the authority and capability to oversee all operational functions and personnel. The principal responsibility of the Operations Manager shall be to direct and supervise the operations division and all associated employees to ensure effective performance and compliance with the requirements of this Contract. This position is required to maintain on site presence during all standard operating hours, work a minimum of 40 hours per week, and provide coverage during weekends, holidays, or emergencies as needed. A qualified alternate must be provided if the individual is unavailable.
Minimum Qualifications: The Operations Manager shall have a minimum of three (3) years of experience, within the past five (5) years, serving in an Operations Manager or Assistant General Manager capacity overseeing a transit property or operation of comparable size and scope.
5.23.5 ENVIRONMENTAL MANAGER
CONTRACTOR shall engage the services of a full-time environmental management administrator, stationed at all times at the North or South Transit Facility, and shall develop and implement a comprehensive Environmental Management Program (EMP) and an Environmental Management System (EMS) (see Section 5.10.29).The Environmental Manager will work cooperatively with the CITY and be accountable for substantive matters pertaining to environmental maintenance and management as provided under this Contract. These responsibilities for the Environmental Manager include, but are not limited to:
5.23.5.1 Ensure compliance with FTA and other federal, state, and local regulatory requirements.
5.23.5.2 Perform chemical inventory, data collection, and environmental record keeping.
5.23.5.3 Maintain effective environmental compliance and sustainability management.
5.23.5.4 Conduct required environmental training for all staff under this Contract.
5.23.5.5 Confirm all environmental requirements are met for fleet, materials, and equipment.
5.23.5.6 Provide a clean and safe environment.
This position is required to maintain on site presence during all standard operating hours, work a minimum of 40 hours per week, and provide coverage during weekends, holidays, or emergencies as needed. A qualified alternate must be provided if the individual is unavailable.
Minimum Qualifications: The Environmental Manager shall possess appropriate educational training in environmental management and a minimum of three (3) years of relevant experience within the past five (5) years. Appropriate educational training shall include at least a bachelor’s degree in environmental science, environmental management, biology, engineering, or a related field, and supplemented by specialized training or certifications in areas such as hazardous materials management, air quality, water pollution control, and sustainability practices. In addition, the Environmental Manager shall have documented training in air quality management, underground storage tank management and monitoring, hazardous materials management, and stormwater and water pollution control management.
5.23.6 SAFETY AND TRAINING MANAGER
The CONTRACTOR shall engage the services of a Safety and Training Manager with the authority and capability to oversee all safety-sensitive activities associated with this Scope of Work and the Contract. The principal responsibility of the Safety and Training Manager shall be to ensure optimum employee performance and compliance with all applicable health and safety guidelines. The Safety and Training Manager shall implement and monitor occupational health, safety, and training programs, working cooperatively with the CITY to maintain service quality. This position shall also be responsible for developing and maintaining the CONTRACTOR’s Safety Plan, providing annual updates as required, and coordinating with the CITY to ensure compliance with all Federal Transit Administration (FTA) safety rules and guidelines. This position is required to maintain on site presence during all standard operating hours, work a minimum of 40 hours per week, and provide coverage during weekends, holidays, or emergencies as needed. A qualified alternate must be provided if the individual is unavailable.
Minimum Qualifications: The Safety and Training Manager shall have a minimum of five (5) years of progressive experience related to transit/transportation safety, safety management, and/or system safety engineering. The Safety and Training Manager shall have experience supervising employee performance and ensuring contract compliance with all applicable federal, state, local, company, and contractual regulations.
5.23.7 INFORMATION TECHNOLOGY SPECIALIST
The CONTRACTOR shall engage the services of a full-time Information Technology Specialist who meets the CITY’s Technology technical requirements (see Exhibit K – Technical Requirements). The Information Technology Specialist shall operate onsite to support transit operations and serve as a technology liaison between the CONTRACTOR and the CITY. The Specialist shall possess the experience and expertise necessary to perform Information Technology Administrator functions and shall have the capability to provide administrator-level permissions for desktops, servers, networks, and other systems required to support the CITY’s technology needs. This position is required to maintain on site presence during all standard operating hours, work a minimum of 40 hours per week, and provide coverage during weekends, holidays, or emergencies as needed. A qualified alternate must be provided if the individual is unavailable.
Minimum Qualifications: The Information Technology Specialist shall have a minimum of three (3) years of information technology experience, within the past five (5) years, supporting applications, networks, servers, and desktops for a transit property or operation of comparable size and scope.
5.23.8 ROAD SUPERVISORS
The CONTRACTOR shall maintain sufficient road supervision staffing to ensure continuous support for bus operators in Revenue Service. Road supervisors shall follow industry best practices relative to providing continuous operator support, proactive safety monitoring and rapid response to incidents. Supervisors should be trained, visible, and available to bus operators at all times transit services are running, ensuring compliance with safety standards while acting as frontline support for operators in service.
Road Supervisors shall be responsible for monitoring schedule adherence, conducting accident and incident investigations, overseeing on-street operations, and ensuring on-route compliance. A key function of road supervision is to provide immediate assistance to bus operators in service. Additional duties include conducting on-board ride checks to verify adherence to procedures such as fare collection, ADA compliance, and passenger relations.
Road Supervisors shall be engaged primarily to support bus operators and transit services, and shall not be assigned to substitute for absent or otherwise unavailable Operators.
5.23.9 DISPATCH PERSONNEL
The CONTRACTOR shall provide sufficient dispatch personnel to ensure effective operator and vehicle assignments and to deliver prompt responses to all operational situations that may impact service. Dispatch personnel shall maintain continuous and proactive coordination with the CITY’s Operations Control Center (OCC) and respond immediately as necessary or as requested by the OCC. The CONTRACTOR shall ensure dispatch personnel are on duty at all times when services are scheduled to operate. Dispatch personnel shall strictly follow the Phoenix Call Escalation Process prescribed by the CITY for CAD/AVL-related functional or performance issues (See Exhibit K – Technical Requirements).
5.23.10 ADA STAFF
5.23.10.1 ADA-Compliance Process: CONTRACTOR shall assign staff and establish a process that complies with the Americans with Disabilities Act of 1990 (ADA) as amended. CONTRACTOR staff shall provide an effective rescue system when passengers who use a wheelchair or authorized mobility device require a lift or ramp and are stranded due to an inoperable lift, ramp, or vehicle.
5.23.10.2 Minimum rescue policy standards for passengers using wheelchairs are:
A. If the passenger will be stranded for more than thirty (30) minutes, CONTRACTOR shall rescue the passenger.
B. Vehicle(s) that are dispatched for rescue shall pick up the stranded passenger within thirty (30) minutes of the request for rescue.
C. CONTRACTOR shall ensure that all managers, operators, road supervisors, and dispatchers are trained annually on rescue procedures, mobility device movement, securement, safety, and passenger sensitivity.
5.23.11 BUS OPERATOR QUALIFICATIONS
5.23.11.1 Operators must have a valid Arizona Commercial Driver’s License.
5.23.11.2 Operators must be a minimum of twenty-one (21) years of age.
5.23.11.3 Operators must have a five-year driving record. CONTRACTOR must review a five-year (5-year) record issued within the past forty-five (45) days from any state where the applicant held an operator’s license in the past five years.
5.23.11.4 Operators must have possessed a valid operator’s license in the US for the past three (3) years if an out-of-country driving record is unavailable.
5.23.11.5 Operators must not have driving records that reflect more than two (2) moving violations in the past five (5) years. (Under A.R.S. §28-3392, a Driving Safety Course taken for a moving violation will not change the record for a commercial driver’s license holder.)
5.23.11.6 Operators must not have driving records that reflect more than two (2) accidents in the past five (5) years.
5.23.11.7 Operators must not have driving records that reflect any conviction of a serious traffic violation (e.g., DUI, reckless driving, driving with a suspended license) in the past seven (7) years.
5.23.11.8 Operators must not have driving records that reflect more than two (2) convictions of serious traffic violations (DUI, reckless driving, driving with a suspended license, etc.) in their lifetime.
5.23.11.9 Operators must not have driving records that reflect more than two (2) violations of ‘No Liability Insurance’ in the past five (5) years.
5.23.11.10 Operators must pass their background screenings. (Any proposed hiring should be conditioned upon the prospective employee being allowed within the facilities and cleared with his or her background screening).
5.23.11.11 Operators must not have any felony or misdemeanor drug offence, theft, assault, or other conviction for an offence that conflicts with the duties of the position within the past seven (7) years.
5.23.11.12 Operators must not have any conviction or deferred adjudication for a felony or misdemeanor offense that is serious enough to be considered in conflict with the duties of the position in their lifetime (e.g., murder or sexual assault conviction).
5.23.12 OTHER BUS OPERATOR QUALIFICATIONS
5.23.12.1 All bus Operators must be employees (full or part time) of CONTRACTOR.
5.23.12.2 All bus operators must have the ability to effectively read, write and speak English.
5.23.12.3 All bus operators must have sensitivity to passenger needs.
5.23.12.4 All bus operators must have the ability to resolve complaints and problems as required as part of their job duties.
5.23.12.5 All bus operators must pass a biennial Federal Department of Transportation (DOT) physical exam and be included in a pool of safety-sensitive positions for random drug and alcohol testing as required by FTA regulations.
5.23.13 SAFETY-SENSITIVE QUALIFICATIONS
Any safety-sensitive employee and any other employee that will, through the course of their duties, have public contact must meet the following criteria upon hire:
5.23.13.1 No such employee may have any conviction within the past seven (7) years for a felony offense.
5.23.13.2 No such employee may have any conviction for a felony or any deferred conviction or adjudication for a misdemeanor offense beyond seven (7) years that is serious enough in nature to be considered in conflict with the duties of the position - for example, murder or sexual assault.
5.23.14 OTHER QUALIFICATIONS
Any other employee with no responsibility for public contact must meet the following criteria upon hire:
5.23.14.1 No such employee may have any conviction or deferred adjudication for a felony offense within the past seven (7) years.
5.23.14.2 No such employee may have any conviction or deferred adjudication for a misdemeanor offense that conflicts with the duties of the position within the past seven (7) years.
5.23.15 CONTRACTOR shall conduct an annual review and provide a comprehensive report to the CITY by July 15 of each year during the Contract Term of driving records as required by 49 CFR § 391.25 to ensure all employees continue to meet the preceding qualifications. Employees failing to meet these qualifications shall not be used to perform services under this Contract.
5.23.16 As needed, at no additional cost to the CITY, appropriate CONTRACTOR staff shall attend training as directed by the CITY, including, but not limited to: Computer Aided Dispatch/Automatic Vehicle Locator (CAD/AVL) and other Information Technology training and user groups, National Incident Management System (NIMS), Customer Assistance System (CAS), Fare Collection System (FCS) and fingertip maintenance, and other trainings as required. CONTRACTOR shall consider such requirements when developing their price proposal.
5.23.17 CONTRACTOR shall provide training for all personnel working on this Contract. CONTRACTOR shall ensure that individuals are fully knowledgeable of their duties and responsibilities and that appropriate personnel can operate a bus, fuel a bus, and operate equipment used to maintain a bus in a safe manner. CONTRACTOR shall also provide additional training if the training requirements approved by CITY are insufficient.
5.23.18 CONTRACTOR is responsible for providing transit passes to be used by CONTRACTOR's employees or their dependents, should CONTRACTOR decide to provide such a benefit to its employees. Any and all such costs shall be the responsibility of CONTRACTOR.
5.24. UNIFORM SPECIFICATIONS AND APPEARANCE STANDARDS
Consideration for safety must be applied to all dress code components for all staffing levels and duty assignments.
5.24.1 All employees of CONTRACTOR must wear their CITY-issued employee ID/security badge visibly (between chest and shoulder area, right-hand side) while on CITY property and when in Revenue Service.
5.24.2 At all times while on duty, Operators must be well groomed, clean and in complete uniform. The complete uniform should consist of a collared shirt and professional pants. All Operator uniforms will be of the same color(s), have the same decal or logo placement, must be neat in appearance, clean and pressed. Shoes must be shined, with hair clean and neatly cared for. Operators must conform to these, and any other appearance standards set forth by CONTRACTOR at all times.
5.25. VEHICLE OPERATIONS PERSONNEL TRAINING
CONTRACTOR shall submit to the CITY, pursuant to Section 5.14.3, an operations staff training plan and program.
5.25.1 Training of Bus Operations Staff
CONTRACTOR shall develop, implement and maintain a formal training and retraining program for all Operators. The training program must be submitted to the CITY for review. All training must be documented, and the CITY may audit CONTRACTOR's compliance with its training program and related documentation at any time.
5.25.1.1 CONTRACTOR’s training plans must include classroom instruction, behind-the-wheel training under supervision of a qualified instructor, and in-service training. Such training shall include training and familiarization with assigned route(s), fare collection policies and systems, and bus stop placement prior to the bus operator's assignment to Revenue Service. The program must provide formal retraining measures, including criteria for determining the success of retraining efforts.
5.25.1.2 Staff must be trained to proficiency, as appropriate for their duties, in assisting passengers with disabilities, including those using mobility aids (official ADA training or equal with prior approval by the CITY in writing).
5.25.1.3 CONTRACTOR’s training plan must include, at a minimum, training in personal safety, theft/robbery prevention, violence in the workplace, assault prevention, conflict resolution and de-escalation, ADA sensitivity and annual refresher training, and information regarding operator responsibilities and training on each vehicle type: Battery Electric, Diesel Hybrids, Diesel, and CNG.
5.25.1.4 Persons designated as a Qualified Instructor under the Contract must have a proven, documented record of safe driving: at least two (2) years' experience driving professionally, and a demonstrated ability to provide high quality customer service.
5.25.1.5 Annual retraining measures shall include refresher courses on systems installed on buses, including but not limited to Computer Aided Dispatch/Automatic Vehicle Locator (CAD/AVL), Fare Collection System (FCS), head signs and annunciators, etc.
5.25.1.6 At no extra cost to the CITY, CONTRACTOR shall assume and pay for all of CONTRACTOR’s ancillary training for its personnel.
5.25.2 Additional Operator Training: At a minimum, operator training must comply with the following requirements:
5.25.2.1 Operators must acquire a valid CDL “Class B” license with applicable endorsements and required medical certifications prior to operating any CITY-owned vehicles on roadways.
5.25.2.2 Operators must have a working knowledge of all assigned routes and procedures prior to their release to operate in Revenue Service. Under supervision and without passengers, operators shall drive all routes to which are assigned before they are allowed to drive in service unsupervised.
5.25.2.3 Operators must receive the requisite number of hours of ADA Sensitivity Training for working with persons with disabilities (see Section 5.24.3) prior to their release to operate Revenue Service.
5.25.2.4 Operators must be trained and signed off by a qualified instructor (as to the operator’s successful attainment of the skills necessary to properly operate the vehicle type to which the operator has been assigned) prior to their release to operate in Revenue Service.
5.25.2.5 Operators must successfully complete a defensive driving course prior to their release to operate in Revenue Service.
5.25.2.6 CONTRACTOR must review operator licensing and medical certifications as needed to ensure compliance with ADOT regulations and this contract.
5.25.2.7 Operators shall be re-evaluated and re-trained, if necessary, by CONTRACTOR’s qualified instructor, after riding with the operators.
5.25.3 ADA and Title VI Training (Initial and Refresher)
CONTRACTOR shall provide ADA and Title VI training to all personnel providing service to the public. Such personnel shall be included whether they perform such service on a regular, intermittent, or infrequent basis. At a minimum, such training shall include: initial and annual refresher ADA training to all personnel providing service to the public.
Prior to implementation, CONTRACTOR shall submit its ADA Training Plan and curriculum to the Public Transit Department's Transit Oversight Programs staff for review. CONTRACTOR shall provide the CITY with updates as requested.
5.25.3.1 Initial Training
A. This training shall be four full hours of classroom ADA sensitivity training and shall include:
1. Lecture on the ADA law with hands-on employee participation and such other appropriate instructional media (e.g. slides, video, etc.) as may be successfully integrated into the instructional process.
2. Panel discussion led by person(s) with disabilities presenting information regarding different types of disabilities.
B. CONTRACTOR shall provide three full hours of classroom ADA operational training. This training shall include
1. Discussion of various disabilities that present transportation issues,
2. Scenarios regarding service to passengers with disabilities, and the practical remediation of access problems presented in those scenarios, and
3. Instruction on equipment and other resources available to make public transit a viable transportation alternative to passengers with disabilities, including education about operator responsibilities, equipment and devices currently in use, proper use and security of such equipment and devices, and other matters as CONTRACTOR deems appropriate.
4. Field time on the bus with instructors to evaluate operator expertise in boarding, securement, and deboarding of mobility aid devices and the operator's familiarity with other equipment and devices then in use. Several types of mobility aid devices shall be used to conduct the hands-on training. For use in hands-on training and hands-on evaluation, CONTRACTOR shall provide an assortment of commonly recognized mobility devices such as a manual wheelchair, electric scooter, and electric wheelchair, or any other mobility device.
5.25.3.2 Annual Refresher Training
A. CONTRACTOR shall provide sixty (60) minutes of classroom ADA sensitivity training and Title VI training each year. The training shall include:
1. A review of ADA complaints filed by passengers with disabilities during the preceding year by category
2. A review of Title VI complaints filed by passengers during the preceding year.
3. A panel discussion led by person(s) with disabilities recommending improvements to accessible transit service.
4. A review of passengers with disabilities requiring special service needs.
5. ADA operational training, including a discussion of scenarios regarding service to passengers with disabilities and the practical remediation of access problems presented in those scenarios, and instruction on equipment and other resources available to make public transit a viable transportation alternative for passengers with disabilities; and education about operator responsibilities, boarding and securement equipment and devices currently in use, proper use of such equipment and devices, and other matters as CONTRACTOR deems appropriate.
B. CONTRACTOR shall provide a minimum of one hands-on check to evaluate operator expertise in onboarding, securement, and deboarding of mobility-aid devices and the operator’s familiarity with other equipment and devices in use. Several types of mobility-aid devices shall be used to conduct hands-on training. For use in hands-on training and hands-on evaluation, CONTRACTOR shall provide at least one of each of the following: manual wheelchair, electric scooter, and electric wheelchair.
C. CONTRACTOR shall submit to the CITY, pursuant to Section 5.25.3, its ADA Training Plan and Curriculum.
5.26. ADA AND TITLE VI COMPLAINT RESOLUTION
It is the CITY’s policy to assure full compliance with Title VI of the Civil Rights Act of 1964,
Title II of the Americans with Disabilities Act and related statutes and regulations in all programs and activities. These federal statutes require that no person shall, on the grounds of race, color, national origin or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, activity or service the CITY administers.
5.26.1 Resolution Process: CONTRACTOR shall establish a process for the thorough and prompt resolution of all ADA and Title VI complaints. The process shall include contemporaneous documentation of the nature of the complaint, its processing, its resolution, any remedial actions undertaken, and communication of a final response to the complainant. At a minimum, the process shall include
5.26.1.1 Intake procedures and complaint evaluation.
5.26.1.2 Investigation, follow-up, and investigative reports (including the information described below for investigative reports in Section 5.26.2.)
5.26.1.3 Complaint resolution.
5.26.1.4 Passenger contact; and
5.26.1.5 Remedial action taken.
5.26.2 Complaint Investigation: CONTRACTOR must investigate ADA and Title VI passenger complaints. After CONTRACTOR performs each investigation and completes its investigative report, that report must be evaluated by the CITY for compliance with the following federal requirements. Each completed investigative report must provide full and complete documentation for the following steps:
5.26.2.1 Step One: CONTRACTOR must review the complaint information entered into CAS by customer service staff of Valley Metro (who the CITY has authorized to serve this function on the CITY’s behalf). Any new issues identified during the investigation should be documented by CONTRACTOR in CAS.
5.26.2.2 Step Two: CONTRACTOR must conduct interviews, collect facts, and document in CAS any new issues identified during the investigation.
5.26.2.3 Step Three: CONTRACTOR must document in CAS (under the case number assigned) all pertinent regulations, rules, policies, and procedures that apply to the investigation.
5.26.2.4 Step Four: CONTRACTOR must make its fact-based determinations of alleged violation(s) regarding the validity of the complaint, describing the analysis for validity/invalidity and undeterminable entries in detail.
5.26.2.5 Step Five: CONTRACTOR must make its determinations regarding resolution for each valid complaint, if any, describing every resolution in detail. Valid complaints must include known resolutions per the Federal Transit Administration Circular 4702.1B.
5.26.2.6 Step Six: CONTRACTOR must carry out complaint resolution(s), if any, describing all actions taken or to be taken. CONTRACTOR must document a follow-up action plan, where applicable, and must include the investigator’s initials, title, and date of review.
5.26.2.7 Step Seven: CONTRACTOR shall respond to the customer in the manner identified on the complaint form regarding its determinations and resolutions, if any, and document that response in CAS under the case number assigned.
5.26.3 Complaint investigation reports will be monitored by CITY staff. Performance will be evaluated based upon the seven indicators listed above.
5.26.4 Complaint Resolution Plan: CONTRACTOR shall submit to the CITY, pursuant to Section 5.14.3, its ADA and Title VI Complaint Resolution Plan for the CITY’s evaluation and approval in writing. CONTRACTOR may not implement this plan without the CITY’s approval in writing.
5.26.4.1 If a complaint is considered ADA in nature as defined by 49 CFR Part 27, CONTRACTOR shall follow the procedures established by the CITY in documenting, investigating, and responding to the complaint with corrective actions taken for this type of complaint.
5.26.4.2 If a complaint is considered Title VI in nature as defined by 49 CFR Part 21, CONTRACTOR shall follow the procedures established by the CITY in documenting, investigating, and responding to the complaint with corrective actions taken for this type of complaint.
5.26.5 Complaint and Resolution Training: In addition to the foregoing, CONTRACTOR shall provide appropriate classroom and hands-on training to each individual involved in the ADA and Title VI complaint resolution process.
5.27. EQUAL EMPLOYMENT OPPORTUNITY PLAN, DISADVANTAGED BUSINESS ENTERPRISE REPORT, AND NATIONAL TRANSIT DATABASE REPORTING.
5.27.1 Equal Employment Opportunity (EEO) Plan: CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, an Equal Employment Opportunity Plan for implementation throughout the Contract’s term. This plan shall comply with the Federal Transit Administration Circular 4704.1A, EEO Requirements and Guidelines for FTA Recipients, as amended. CONTRACTOR shall fully comply with EEO regulations as they pertain to subcontractors.
5.27.2 Disadvantaged Business Enterprise-Neutral (DBE-N) Report: CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, a monthly Disadvantaged Business Enterprise-Neutral Report. This report must be entered into the Certification and Compliance System (CCS) by the 15th of each month to assist CITY’s compliance with 49 CFR Part 26. CONTRACTOR agrees that in connection with performance of this Contract, CONTRACTOR will cooperate with the CITY in meeting its commitments and goals with regard to the maximum utilization of DBE-N, and CONTRACTOR will use its best efforts to ensure that disadvantaged business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this Contract. This assurance is given by CONTRACTOR and is binding upon it and upon its sub-grantees, contractors, subcontractors, transferees, successors in interest and other participants.
5.27.3 Small Business Participation Plan (SBPP): CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, an annual Small Business Participation Plan. This plan shall comply with the Disadvantaged Business Enterprise-Neutral contract clause (Section IV, B) for the CITY’s evaluation and approval in writing. CONTRACTOR may not implement this plan without the CITY’s approval in writing.
5.27.4 National Transit Database (NTD) Accident Report: CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, a monthly NTD Accident Report. This Report is a report of monthly transit accident statistics as prescribed by the CITY and NTD Reporting Manual, as revised, available at transit.dot.gov/ntd/manuals.
5.27.5 National Transit Database (NTD) Mileage Report: CONTRACTOR shall provide to the CITY, pursuant to Section 5.14.3, an annual NTD Mileage Report. This Report is a report of annual transit mileage statistics as prescribed by the CITY and NTD Reporting Manual, as revised, available at transit.dot.gov/ntd/manuals.
5.28. CUSTOMER RELATIONS
5.28.1 CONTRACTOR’s staff must respond to all inquiries or complaints received through the Customer Service Section of the Valley Metro Regional Services Division within five business days for inquiries/complaints requesting a response.
5.28.2 Verification of the date that Contractor responded will be based on the date when the response is entered into the regional Customer Assistance System (CAS). CONTRACTOR shall keep the CITY informed of the status of all complaints received. All complaints, even those received directly by CONTRACTOR, shall be directed to the Customer Service Section of the Valley Metro Regional Services Division at 602-253-5000.
5.28.3 CONTRACTOR's customer service staff shall coordinate and receive training for the use of Valley Metro CAS. CONTRACTOR's customer service staff shall coordinate all inquiries or complaints received from any and all individuals.
5.28.4 Valley Metro’s Customer Service Section monitors and reports on the quantity, nature of contacts, and timeliness of CONTRACTOR's response. Each complaint will have a deadline for action to be taken, and CONTRACTOR shall adhere to those deadlines. All complaints received directly by CONTRACTOR will be recorded with documented actions taken, and copies of all documentation will be entered into the CAS.
5.28.5 Any customer contacts or complaints received through the offices of the Mayor, City Council, City Manager's Office, or Public Transit Department must be responded to by CONTRACTOR's staff, in coordination with the City’s Public Transit Department, within three (3) calendar days from CONTRACTOR’s receipt of the complaint from the CITY.
5.29. REMOVAL FROM SERVICE
Pending an investigation and the results of that investigation, the CITY may require CONTRACTOR to immediately remove any operator from CITY service for any one of the following:
5.29.1 Committing unsafe or inappropriate acts while providing service.
5.29.2 Failure to follow CITY's requirements as outlined in the Contract (e.g. use of cell phone or other electronic device use while operating a vehicle).
5.29.3 Revocation, suspension or non-renewal of a valid Arizona operator's license.
5.29.4 Conviction of any felony criminal offense.
5.29.5 Failure to wear CONTRACTOR’s approved uniform while in service.
5.29.6 Use of any tobacco product in or near a CITY vehicle.
5.29.7 Failure to follow CONTRACTOR safety rules and regulations.
5.29.8 Failure to follow CONTRACTOR or CITY security policies, guidelines and procedures.
5.29.9 Notice of an active warrant for the operator that is received by CONTRACTOR or the CITY.
5.29.10 Failure to comply with any policy or procedure established by the CITY for the purpose of maintaining or enhancing the quality of transit and customer service.
5.29.11 Any other misconduct that the CITY, in its sole discretion, finds serious enough to affect the integrity of the CITY’s transit service program.
5.30. EMPLOYEES OF PRIOR CONTRACTOR
CONTRACTOR shall afford a priority in hiring the existing employees of the prior contractor as follows:
5.30.1 The priority in hiring shall not require the hiring of an existing employee if CONTRACTOR determines that such employee: is not qualified for the position (under the terms of the Contract or under CONTRACTOR's employment standards and personnel policies), or CONTRACTOR determines that the employee should not be hired because of unsatisfactory past employment history (such as documented disciplinary actions, habitual absenteeism, etc.). The priority in hiring shall not extend to any individual who was dismissed from his or her employment for cause and shall not extend to key management staff of the prior service provider.
5.30.2 Nothing in this Section shall be construed as requiring CONTRACTOR to recognize any union which represented the workforce of the prior service provider (except as may otherwise be required by applicable law); or (b) requiring CONTRACTOR to assume or otherwise be bound by the terms and conditions of any collective bargaining agreement between that prior service provider and any union.
5.31. LABOR RELATIONS REQUIREMENTS
5.31.1 CONTRACTOR must provide labor contract negotiations and administration of contract terms as required for services under this Contract.
5.31.2 CONTRACTOR shall: fully comply with the legal requirements and labor protective provisions of Section 5333(b) of Title 49 U.S. Code chapter 53 (formerly Section 13(c) of the Federal Transit Act); and assume the obligations of the existing 13(c) Agreement(s) between the CITY's previous fixed route bus service providers, the CITY, and the signatory union(s). See Exhibit QQ – City of Phoenix 1976 Section 13(c) Agreement and Side Letter to Agreement.
5.31.3 CONTRACTOR shall be required to follow the National Labor Relations Act. Except as may otherwise be required by applicable law, nothing in this section shall be construed as requiring CONTRACTOR to assume or otherwise be bound by the terms and conditions of any collective bargaining agreement between the prior service provider and any union.
5.31.4 The agreement between the incumbent contractor and Amalgamated Transit Union, Local 1433, is provided in Exhibit RR – ATU Local 1433 CBA. The agreement between the incumbent contractor and the International Union of Operating Engineers, Local 428, is provided in Exhibit SS – IUOE Local 428 Labor Agreement – Bus Technicians; Exhibit TT – IUOE Local 428 Labor Agreement – Rev Agents & Facility Workers. The agreement between the incumbent contractor and International Brotherhood of Teamsters, Local No. 104, is provided in Exhibit UU – Teamsters No. 104 CBA (2023-2028), an affiliate of the International Brotherhood of Teamsters.
5.32. PERFORMANCE INDICATORS/LIQUIDATED DAMAGES
5.32.1 PERFORMANCE MEASURES
5.32.1.1 All performance indicators and liquidated damage provisions shall be strictly enforced. The CONTRACTOR shall adhere to all performance specifications without exception to ensure the highest level of service quality. The CITY reserves the right to monitor the CONTRACTOR’s performance under this Contract at any time to verify compliance with all performance specifications and requirements.
5.32.1.2 Performance indicators are metrics established by the CITY to measure the CONTRACTOR’s performance under this Contract. CITY representatives may, without prior notice, ride in CONTRACTOR-operated vehicles and monitor transit services to ensure compliance with all contractual requirements. The CITY reserves the right to review and modify performance requirements as necessary in response to unusual or extraordinary circumstances affecting transit services, and to promote continuous improvement of service quality. The CITY shall make all final determinations regarding the CONTRACTOR’s performance, including the assessment of liquidated damages, with due consideration given to performance impacts resulting from extraneous factors beyond the CONTRACTOR’s control.
5.32.1.3 To receive maximum compensation, the CONTRACTOR shall meet or exceed all performance standards on a monthly basis. For each performance goal, failure to achieve the acceptable standard shall result in the deduction of liquidated damage amounts from the CONTRACTOR’s total monthly invoice. The CITY does not provide incentives for performance; rather, the CITY requires the CONTRACTOR to maintain minimum, consistently high levels of performance at all times in the delivery of transit services.
5.32.1.4 Liquidated damages may also be imposed by the CITY on the CONTRACTOR for each observed violation committed by CONTRACTOR personnel. The CONTRACTOR acknowledges and agrees that any violation of the performance goals established under this Contract will result in damages to the CITY that are impractical or impossible to precisely determine. The CONTRACTOR further agrees that the monetary assessments specified herein represent a reasonable approximation of such damages and shall be enforceable as liquidated damages, not as a penalty.
5.32.1.5 All liquidated damage assessments as identified by the CITY shall be made and applied to the next available monthly invoice.
5.32.2 On-Time Performance (OTP)
5.32.2.1 The CITY requires all buses to depart each designated time point according to the published schedule. The CONTRACTOR shall instruct bus operators to strictly hold at time points, where possible, to prevent early departures, as leaving ahead of schedule undermines service reliability and passenger confidence. Maintaining on-time performance is a critical obligation of the CONTRACTOR and shall be enforced at all times. For purposes of calculating the CONTRACTOR’s on-time performance, grace periods for early and late departures are established to account for occasional clock deviations and traffic conditions. Departure times shall be obtained from the CAD/AVL system at all designated time points. Per CAD/AVL parameters:
A bus is considered on-time if it departs no more than one (1) minute (1:00) before the scheduled time and no more than five (5) minutes and fifty-nine seconds (5:59) after the scheduled time.
A bus is considered early if it departs one or more minutes (1:00) before the scheduled time. Early departures are strictly prohibited and shall be treated as a significant performance violation.
The one minute buffer for early departure logging is intended to account for potential anomalies in clock synchronization. Operators shall depart each timepoint based on CAD/AVL instructions.
A bus is considered late if it departs six (6) or more minutes (6:00) after the scheduled time.
5.32.2.2 The CITY will assess liquidated damages for failure to provide on-time performance on a per-route basis for each month on local, circulator, and RAPID routes as follows:
On-time Performance %
Liquidated Damage
84.99% - 82%
$1,000.00 per route
81.99% - 79%
$2,000.00 per route
78.99% and lower
$3,000.00 per route
5.32.2.3 The total monthly liquidated damage assessment for the On-Time Performance indicator shall not exceed 0.25% of CONTRACTOR's total monthly invoice. Embedded in the performance standard are allowances for GPS anomalies, service delays, incidents/accidents, vehicle breakdowns and schedule adjustments. The CITY will not consider adjustments to on-time performance for any of the above-mentioned occurrences.
5.32.3 Missed Revenue Miles
5.32.3.1 Revenue Miles are the scheduled miles operated with a vehicle in service and available to the general public, with the expectation of carrying passengers (See Section 5.2.5). Revenue Miles also included miles operated due to detours (Planned and Unplanned). Revenue miles exclude deadhead mileage, vehicle maintenance or bus operator testing, charter/special event and/or bus bridge service, and scheduled miles not operated due to unforeseen incidents/accidents (preventable or non-preventable) and vehicle breakdowns. For purposes of reporting Revenue Service, the NTD definitions shall be followed. CONTRACTOR shall implement policies and procedures, including staging replacement buses and staff in the field, to monitor service delays, and if necessary, replace or insert a bus to fill in for trips, or portions of a trip, to ensure the timely completion of that trip. Buses involved in accidents or mechanical breakdowns must be immediately replaced. Under any of the circumstances described above, CONTRACTOR shall take appropriate action to minimize the disruption of service.
5.32.3.2 Revenue trips starting more than thirty (30) minutes after the scheduled starting time shall be consider missed service, with the exception of the last full trip on each route/direction. In the event of revenue trips starting more than sixty (60) minutes after the scheduled starting time, CONTRACTORS shall coordinate with OCC to reposition a vehicle to ensure on-time departure for the next revenue trip on the block to reduce incidents of stranded passengers. CONTRACTOR shall make every effort to deliver the last full revenue trip each day for all trips.
5.32.3.3 Missed Revenue Miles will be reported on a monthly basis as documented by the OCC and measured by being divided by the total scheduled revenue miles for the month. The performance standard for missed Revenue Miles is 0.40% or less. The CITY will assess liquidated damages for failure to achieve the performance standards as follows:
% of Missed Miles
Liquidated Damage
0.41% - 0.50%
$5,000.00
0.51% - 0.70%
$7,000.00
.71% and above
$9,000.00
5.32.4 Overall Vehicle Appearance
The CITY shall establish standards for vehicle appearance, including graffiti, body damage, and overall cleanliness. Compliance with these standards shall be determined as each bus enters service or departs the facility yard. The CITY reserves the right to reasonably direct the CONTRACTOR to remove and replace any vehicle in Revenue Service that exhibits excessive or atypical conditions or contains inoperable systems. If any Revenue Vehicle or Non-Revenue Vehicle fails to comply with the CITY’s standards regarding appearance or cleanliness, the CITY shall assess liquidated damages in the amount of one hundred dollars ($100.00) per occurrence.
5.32.5 Late or Inaccurate Reports or Data
If the CONTRACTOR fails to comply with the CITY’s reporting requirements, whether by submitting reports, information, or data after the prescribed due date and time, or by submitting inaccurate reports, information, or data, the CITY shall assess liquidated damages in the amount of five hundred dollars ($500.00) for each month in which such failure occurs.
5.32.6 CONTRACTOR Influenced Customer Contact
A CONTRACTOR-influenced customer contact is any customer contact received, including those logged in Valley Metro's CAS database, in which CONTRACTOR or its employee is alleged to have failed to perform the required service appropriately (including complaints of late bus, regardless of reason for lateness, operator rudeness, etc.). This metric will be measured monthly per 10,000 boardings as measured by monthly counts of total customer contacts received. The CONTRACTOR shall provide a monthly report to the City summarizing the total customer contacts and associated metrics. Embedded in the schedule is an allowance for potentially invalid complaints. The performance standard is 4.00 or less customer contacts per 10,000 boardings. The CITY will not consider arguments pertaining to complaint validity. The CITY will assess liquidated damages as follows:
Complaint Rate
Liquidated Damage
5.01 – 6.00
$5,000.00
6.01 – 7.00
$7,000.00
7.01 and above
$9,000.00
5.32.7 Total Preventable Accidents per 100,000 Revenue Vehicle Miles
For reporting purposes, an “Accident” means an occurrence associated with the operation of a vehicle, if as a result: (1) an individual dies; or (2) an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or (3) with respect to an occurrence in which the mass transit vehicle involved is a bus, electric bus, van, or automobile, one or more vehicles (including non-FTA funded vehicles) incurs disabling damage as the result of the occurrence and such vehicle or vehicles are transported away from the scene by a tow truck or other vehicle (49 CFR Part 655.4). The term “Accident” does not include an occurrence involving only the boarding or alighting from a stationary motor vehicle (49 CFR Part 390.5). A Preventable Accident is defined as an occurrence involving a motor vehicle that results in an accident in which the Operator in question failed to exercise every reasonable precaution to prevent it. Preventable Accidents shall be recorded by CONTRACTOR on a monthly basis. The performance standard is 0.75 or less preventable accidents per 100,000 Revenue Miles. The CITY will assess liquidated damages as follows:
Accident Rate
Liquidated Damage
0.76 – 1.00
$3,000.00
1.01 – 1.25
$5,000.00
1.26 and above
$7,000.00
5.32.8 Total Miles between Road Calls
A road call is defined as any disruption of service caused by a mechanical malfunction that requires the dispatch of a maintenance or supervisory vehicle to correct the issue and/or the removal or replacement of the vehicle while in Revenue Service. Mechanical failures shall not include those resulting from passenger incidents or non-preventable accidents. The CONTRACTOR shall document the total miles (including both deadhead and revenue miles) recorded between road calls on a monthly basis. The performance standard shall be: 11,000 miles or above between road calls during the months of October through March. 9,500 miles or above between road calls during the months of April through September. The CITY shall assess liquidated damages for failure to meet these performance standards, as specified below.
October through March
Miles Between Road Calls
Liquidated Damage
10,999 – 9,000
$1,000.00
8,999 – 7,000
$3,000.00
6,999 and below
$5,000.00
April through September
Miles Between Road Calls
Liquidated Damage
9,499 – 7,500
$1,000.00
7,499 – 5,500
$3,000.00
5,499 and below
$5,000.00
5.32.9 Traffic Citations
For all photo citations received by any CONTRACTOR employee while operating a CITY vehicle, the CITY will assess liquidated damages in the amount of five hundred dollars ($500.00) for each citation.
5.32.10 Contractor Maintaining Facility Cleanliness
For each instance in which the CONTRACTOR fails to provide ongoing cleaning of facilities as required under this Scope of Work, the CITY will assess liquidated damages in the amount of two hundred fifty dollars ($250.00) per occurrence.
5.32.11 Contractor Fare Collection and Farebox Operation
For each occurrence in which the CONTRACTOR fails to adhere to the CITY’s fare collection policy, or where improper farebox operation by a CONTRACTOR employee is observed, the CITY will assess liquidated damages in the amount of two hundred fifty dollars ($250.00) per occurrence.
5.32.12 Contractor Accessible Features Operation
Determination of compliance with accessible features operation shall occur at the point after which a bus enters service or departs the facility yard. The CITY reserves the right to direct the CONTRACTOR to remove and replace any vehicle in Revenue Service that exhibits excessive or atypical conditions or multiple inoperable systems. For each instance in which the CONTRACTOR places into service a vehicle with an inoperable annunciator, kneeling ramp/lift, securement device, or seat/lap belts, the CITY shall assess liquidated damages in the amount of five hundred dollars ($500.00) per service per instance.
5.32.13 Announcement of Stops
For each instance in which CONTRACTOR fails to call out stops during the malfunction of a vehicle's annunciator system or as requested by a passenger, the CITY will assess liquidated damages in the amount of two hundred fifty dollars ($250.00) per occurrence.
5.32.14 Key Personnel
For all key personnel positions, including the General Manager, Maintenance Manager, Operations Manager, Environmental Manager, Safety and Training Manager, and Information Technology Specialist, CONTRACTOR shall fill any vacancy with a CITY-approved individual within forty-five (45) calendar days of the position becoming open. Failure to do so shall result in the assessment of liquidated damages in the amount of five hundred dollars ($500.00) per day for each vacated position until filled.
5.32.15 Customer Relations
For each instance that CONTRACTOR fails to initially respond to inquiries or complaints through the Customer Service Section of the Valley Metro Regional Services Division within five (5) Business Days, or falls to respond to inquiries or complaints received through the offices of the Mayor, City Council, City Manager's Office, or Public Transit Department within three calendar days, the CITY will assess liquidated damages in the amount of two hundred fifty dollars ($250.00) per occurrence.
5.32.16 Vehicle Inspections
If vehicle repairs are not completed as required under this Agreement, the CITY shall assess liquidated damages in the amount of one hundred dollars ($100.00) per day, per vehicle, until all repairs are completed and verified by the CITY.
5.32.17 Body Work
The CONTRACTOR shall be responsible for all vehicle body repair work and painting and shall correct all body and paint deficiencies as required under this Contract. For any repairs not completed in accordance with the timelines outlined herein, beginning from the time the defect is identified, the CITY shall assess liquidated damages in the amount of one hundred dollars ($100.00) per day, per vehicle, until all repairs are completed and verified by the CITY.
5.32.18 Vehicle Preventive Maintenance and/or Safety Inspections
CONTRACTOR shall maintain a 95% or above on-time percentage for preventive maintenance inspections scheduled and completed as measured on a monthly basis. Failure to maintain the required on-time percentage will result in the following liquidated damages:
On-time Performance %
Liquidated Damage
94.99% - 90%
$3,000.00
89.99% - 80%
$5,000.00
79.99% and below
$7,000.00
5.32.19 On-Board System Operation
The CITY shall have the right to direct the CONTRACTOR to remove and replace any vehicle in Revenue Service that is observed to have excessive atypical conditions or multiple inoperable systems. For each instance in which an on-board system installed on a bus—including but not limited to head signs, CAD/AVL, Digital Video Recorder System, radio, farebox, validator, Automated Passenger Counter (APC) system, scrolling marquee, or public announcement system—is not functioning properly or is not programmed with proper/current data, the CITY shall assess liquidated damages in the amount of two hundred fifty dollars ($250.00) per system, per occurrence, as observed by the CITY.
5.32.20 Preventive Maintenance – Record Keeping
If any inspection by the CITY’s staff of preventive maintenance records reveals the omission or lack of documentation for periodic maintenance service as required under this Contract, the CITY shall assess liquidated damages in the amount of two hundred fifty dollars ($250.00) per vehicle, per occurrence.
5.32.21 Work Stoppage
Failure by the CONTRACTOR to provide the service levels required under Section 5.20.4 shall result in the CITY assessing liquidated damages in the amount of fifty thousand dollars ($50,000.00) for each day that CONTRACTOR fails to meet the required service levels.
6. Offer Evaluation Criteria
In accordance with the Administrative Regulation 3.10, Competitive Sealed Proposal awards shall be made to the responsive and responsible Offeror(s) whose Offer is determined in writing to be the most advantageous to the City based upon the evaluation criteria listed below.
The evaluation factors are listed in the relative order of importance and more details are provided in Scope of Work. The Weight (Points) for each Evaluation Criteria are the maximum points that may be assigned for that Criteria. The following evaluation criteria will be used to evaluate all Offers:
1. Method of Approach - Ability to Perform Scope of Work
Describe the Offeror’s ability to perform the Scope of Work, including a description of the Offeror’s operations and maintenance capability and its methods and resources to perform the Scope of Work, including all work pertaining to the CITY’s new low/zero emission vehicles. This should address any strategies or concepts the Offeror may have for implementing innovations, enhancing service quality, reducing costs, or otherwise improving the productivity and performance of the services requested.
SOW Section Reference -5.3.3
Scoring Method:
0-100 Points
Weight (Points):
75 (7.5% of Total)
2. Method of Approach - Vehicle Maintenance Program
Describe the Offeror’s proposed vehicle maintenance program for CITY-provided transit vehicles. The description should outline the offeror’s approach to preventive and corrective maintenance, quality assurance plan, emergency and standard repair procedures, upkeep of all on-board systems, and the interior and exterior cleaning including graffiti abatement. The Offeror should also explain how its maintenance practices will meet all required standards, including adherence to OEM guidelines, and compliance with CITY expectations.
SOW Section Reference -SOW Section 5.8
Scoring Method:
0-100 Points
Weight (Points):
50 (5% of Total)
3. Method of Approach - Safety Program
Describe the Offeror’s approach to safety, including how it will implement and manage its safety program; comply with all applicable laws, regulations, and required written plans; investigate and report accidents and incidents; and train all personnel. The description should also address safety practices for bus operators, supervisors, mechanics, and service island/utility personnel. The Offer should also describe its risk-control and safety program elements and demonstrate an understanding of the FTA’s Public Transportation Agency Safety Plan (PTASP) requirements.
SOW Section Reference -SOW Section 5.15
Scoring Method:
0-100 Points
Weight (Points):
50 (5% of Total)
4. Method of Approach - Collective Bargaining Agreements (CBA)
Describe Offeror’s experience in administering and negotiating collective bargaining agreements, including agreements under the 49 U.S.C. Sec. 5333(b), commonly known as 13(c), and its predecessor provisions.
SOW Section Reference -5.31.2
Scoring Method:
0-100 Points
Weight (Points):
50 (5% of Total)
5. Method of Approach - Start-Up and Transition Plan
Describe your method of approach on how all transition and start-up tasks will be completed before commencement of service as well as how the Scope of Work will be performed. Provide a comprehensive, detailed implementation schedule. The plan must include a detailed chronology/calendar and explanation of all major milestones. It must also include all the key elements, resources, activities and procedures including but not limited to:
(a) guarantee uninterrupted services
(b) occupy the CITY-owned facility
(c) assume control of the existing revenue fleet, and
(d) effectuate the transition of eligible incumbent personnel to a new employer (if necessary).
Scoring Method:
0-100 Points
Weight (Points):
25 (2.5% of Total)
6. Proposed Organizational Structure - Key Personnel
Describe the proposed management structure, including an organizational chart. Key personnel must be designated and identified. A description of these key positions is included in Scope of Work -Section 5.23. The following is a list of personnel the CITY believes are key to this project:
• General Manager
• Operations Manager
• Maintenance Manager
• Safety and Training Manager
• Environmental Manager
• Information Technology Specialist
a) Provide a summary of the qualifications and background of each staff member identified above as key personnel. Provide a description of which required duties will be assigned to each of the proposed staff and how their time will be split between each of the duties. If subcontractors are to be used, describe the arrangement as well as their role in the project.
b) Include resumes for each of the key personnel mentioned above.
SOW Section Reference – 5.23.2 – 5.23.7
Scoring Method:
0-100 Points
Weight (Points):
75 (7.5% of Total)
7. Proposed Organizational Structure - Staffing Plan
2. Include the Offeror’s comprehensive staffing plan, including the number and identification (by title, position, or job classification) of personnel the Offeror intends to utilize to provide the services at each facility to ensure safe, reliable and compliant service delivery:
a. List the individuals qualified to operate and maintain all vehicles, equipment, and systems, including the various available or required technology solutions, including but not limited to:i. scheduling software;
ii. fareboxes;
iii. destination signs;
iv. CAD/AVL.
SOW Section Reference – SOW Section 5.4.6 - 5.4.11 & 5.4.17
Scoring Method:
0-100 Points
Weight (Points):
35 (3.5% of Total)
8. Proposed Organizational Structure - Road Supervision Staffing Plan
Describe the Offeror’s plan for staffing, training and deploying Road Supervisors to ensure continuous operator support, collaboration and communications tactics with the CITY’s Operations Control Center, proactive safety monitoring, on street service oversight, and timely incident response. The plan should outline staffing levels, supervisor availability and assigned zones or areas of responsibility, training approach, and how supervisors will work with the Operations Control Center to support schedule adherence and service.
SOW Section Reference – SOW Section 5.4.16
Scoring Method:
0-100 Points
Weight (Points):
30 (3% of Total)
9. Proposed Organizational Structure - Challenges
Discuss foreseen challenges to maintaining adequate staffing and how those challenges will be mitigated. Demonstrate that the Offeror can hire and retain a sufficient number of qualified personnel to perform the services required. Include the following:
a. Employee Retention Program – A description of the Offeror’s plan and programs to promote employee retention, including the plan for adequate compensation and benefits, opportunities for advancement, work/life balance, and other means for promoting employee retention and preserving a stable workforce.
b. Employee Incentive Program – A description of the Offeror’s program for rewarding outstanding employee performance and for enhancing the overall quality and performance of the workforce.
c. Workforce Training – Describe training efforts for the project to create permanent, transferable skills for all hires by job category. Include in this description any plans to take advantage of publicly funded workforce development programs and/or union apprenticeship programs.
SOW Section Reference - 5.25, 5.8
Scoring Method:
0-100 Points
Weight (Points):
30 (3% of Total)
10. Proposed Organizational Structure - Training
Describe the training and re-training program for operators, road supervisors, dispatchers, and mechanics. Provide an outline of the number of hours of training, by subject, to be received by employees in each job category. Also include specific training outlines for transition employees and proposed innovative training and retraining programs.
SOW Section Reference -5.25.1–5.25.2
Scoring Method:
0-100 Points
Weight (Points):
30 (3% of Total)
11. Offeror's Qualifications, Expertise, and Experience
List and describe Offeror’s previous experience in providing transit services, including Fixed Route Services, within the past ten years. If applicable, identify at least one project that involved successfully transitioning Fixed Route Service, where you were not the incumbent. Each project listed must include a brief narrative, describing the following:
a. Dates of service (months and year);
b. Names and specific experience of Offeror’s team for each project;
c. Number of employees, and locations;
d. Quality, timeliness and performance results for each project;
e. If applicable, describe experience operating and maintaining fleets with similar fuel/propulsion systems; and
f. Name and address of the entity for which the services were provided.
Scoring Method:
0-100 Points
Weight (Points):
50 (5% of Total)
12. Offeror's Qualifications, Expertise, and Experience - Challenges
Describe any challenges for Offeror in performing work on current and previous public transit contracts over the past five years, and how Offeror overcame those challenges successfully. Also, detail any concerns that were expressed by project owners regarding Offeror’s work performance on current and previous public transit contracts over the past five years, and how Offeror addressed and resolved those concerns.
Scoring Method:
0-100 Points
Weight (Points):
30 (3% of Total)
13. Offeror's Qualifications, Expertise, and Experience - Accidents
State the annualized number of Revenue Miles between accidents (preventable and non-preventable) for systems operated by Offeror for the most recent available year (an accident is defined as any incident that results in injury to any person, including staff or damage to any property, including third-party property).
Scoring Method:
0-100 Points
Weight (Points):
30 (3% of Total)
14. Offeror's Qualifications, Expertise, and Experience - Citations and Fines
List citations and fines imposed on Offeror, in connection with its performance under a public transit contract, over the past ten years, in date order, relating to improper maintenance, operation of unsafe vehicles, or accidents caused by improper maintenance or other faults attributable to Offeror. Describe the cause of each citation or fine and Offeror’s remedial action taken.
Scoring Method:
0-100 Points
Weight (Points):
30 (3% of Total)
15. Offeror's Qualifications, Expertise, and Experience - Projects of Similar Size and Scope
Describe Offeror’s experience maintaining and operating transit facilities, equipment, and vehicles used in projects of similar size and scope, including facility locations, size and general make-up, and alternative-fuel vehicles and transit technology solutions.
Scoring Method:
0-100 Points
Weight (Points):
40 (4% of Total)
16. Offeror's Qualifications, Expertise, and Experience - Maintenance Plans
Describe Offeror’s facility maintenance plans, including environmental management of all transit related facilities and environmental emergency response plans. The plan should convey how it is designed to meet or exceed all federal, state and local environmental regulations.
Scoring Method:
0-100 Points
Weight (Points):
40 (4% of Total)
17. Offeror's Qualifications, Expertise, and Experience - Understanding of Existing Facilities and Vehicle Technology
Describe Offeror’s understanding of the existing facilities and vehicle technology (e.g., CNG/Diesel/Unleaded/electric vehicle charging, fluid management system, etc.)
Scoring Method:
0-100 Points
Weight (Points):
30 (3% of Total)
18. Price Schedule
Attachment A - Price Schedule
Scoring Method:
0-100 Points
Weight (Points):
300 (30% of Total)
7. Federal Terms and Conditions: Federal Transit Administration (FTA) Requirements
(Revised 06/2026)
Contractor shall comply with the following FTA requirements. For purposes of these clauses, AGENCY is the City of Phoenix (FTA recipient) that is entering into the Contract with Contractor.
7.1. No Federal Government Obligation to Third Parties
AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this 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 AGENCY, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
7.2. Notification to FTA
These requirements apply to all contracts and subcontracts in excess of $25,000.]
If a current or prospective legal matter that may affect the Federal Government emerges, Contractor must promptly notify AGENCY (ptdcompliance@phoenix.gov), who must then promptly notify the FTA Chief Counsel and FTA Regional Counsel for Region 9. Contractor must include an equivalent provision in its subagreements at every tier for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
Types of Legal Matters Requiring Notification. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or instances where the Federal Government was named as a party to litigation or a legal disagreement in any forum for any reason.
Matters Affecting the Federal Government. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the Contract, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
Additional Notice to U.S. DOT Inspector General. If Contractor has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA, then Contractor must promptly notify AGENCY (ptdcompliance@phoenix.gov), who must then promptly notify the U.S. DOT Inspector General, in addition to the FTA Chief Counsel or Regional Counsel for Region 9. The notification provision applies if a principal, officer, employee, agent, third-party participant (including subcontractors at any tier), or any other person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Contract or another agreement between AGENCY and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of AGENCY. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of Contractor. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision also applies to all divisions of AGENCY, including divisions tasked with law enforcement or investigatory functions.
7.3. Program Fraud & False/Fraudulent Statements or Related Acts
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 CFR part 31, apply to its actions pertaining to this Project. Upon execution of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
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. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on Contractor, to the extent the Federal Government deems appropriate.
Contractor shall include the above two paragraphs 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.
7.4. Access to Records, Reports, & Sites
Record Retention. Contractor shall both maintain and retain, and will require its subcontractors of all tiers to maintain and retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.
Retention Period. Contractor shall comply with the record retention requirements in accordance with the applicable U.S. DOT Common Rule. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of Transportation, the Comptroller General of the United States, FTA, AGENCY (ptdcompliance@phoenix.gov), and their duly authorized representatives to inspect and audit records and information, including such records and information AGENCY or Contractor may regard as confidential or proprietary, related to performance of this contract as reasonably may be required in accordance with 49 U.S.C. § 5325(g).
Access to the Sites of Performance. Contractor shall permit the FTA, AGENCY (ptdcompliance@phoenix.gov), and their duly authorized representatives access to the sites of performance under this Contract as reasonably may be required. Contractor shall permit the U.S. Secretary of Transportation, Comptroller General of the United States, FTA, AGENCY (ptdcompliance@phoenix.gov), and their duly authorized representatives to inspect all work and material related to the award and to audit information related to the award if such information is under the control of the Contractor, including in the Contractor’s books, records, accounts, or other locations.
7.5. Federal Changes
Contractor shall at all times comply with all applicable federal laws, regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the City of Phoenix and the FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor’s failure to so comply shall constitute a material breach of the Contract.
7.6. Civil Rights
AGENCY must comply with applicable federal civil rights laws, regulations, and requirements, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless an AGENCY or federal program, including any Indian Tribe or Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with each civil rights statute, including compliance with equity in service requirements.
Nondiscrimination in Federal Public Transportation Programs.
Contractor must prohibit: (a) discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b) exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332; (c) denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; and (d) discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.
Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. However, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.
Nondiscrimination – Title VI of the Civil Rights Act.
Contractor must prohibit discrimination based on race, color, or national origin;
Contractor must comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq.; (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21; and (c) Federal transit law, specifically 49 U.S.C. § 5332; and
Contractor must follow: (a) the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (c) all other applicable federal guidance that may be issued.
Equal Employment Opportunity.
Federal Requirements and Guidance. Contractor must prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with: (a) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive Order No. 14173,; and (d) federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement.
Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes, but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading; and (d) transfers, demotions, layoffs, and terminations.
Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”
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.
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.
7.7. Equal Employment Opportunity Requirements for Construction Activities
[These requirements apply to all contracts and subcontracts involving construction in excess of $15,000.]
When undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), Contractor must comply with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Chapter 60 as well as other applicable anti-discrimination laws. During the performance of this Contract, the Contractor agrees as follows:
The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sexual orientation, gender identity, 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 of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
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, sexual orientation, gender identity, or national origin.
The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
7.8. Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in the FTA Master Agreement, FTA Circular 4220.1G, and 2 C.F.R. Part 200 (as adopted by DOT) 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 the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of AGENCY that would cause AGENCY to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.
7.9. Free Speech & Religious Liberty
All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
7.10. Debarment, Suspension, Ineligibility, & Voluntary Exclusion
[These requirements apply to contracts and subcontracts in excess of $25,000 and to all contracts for federally-required audit services.]
Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount.
Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally-funded contract (which includes review of SAM at sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200) and are not presently declared by any Federal department or AGENCY to be: (1) debarred from participation in any federally-assisted Award; (2) suspended from participation in any federally-assisted Award; (3) proposed for debarment from participation in any federally-assisted Award; (4) declared ineligible to participate in any federally-assisted Award; (5) voluntarily excluded from participation in any federally-assisted Award; or (6) disqualified from participation in any federally-assisted Award.
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 AGENCY. If it is later determined by AGENCY that Contractor knowingly rendered an erroneous certification, in addition to remedies available to AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Contractor shall comply with the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
Contractor agrees that it will not enter into any “covered transaction” (as defined at 2 CFR 180.220 and 1200.220) with any “third party participant” (as defined in FTA’s Master Agreement, as may be updated or amended) that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions except as otherwise authorized by applicable Federal laws, regulations, or requirements regarding participation with debarred or suspended Recipients or Third Party Participants. Contractor further agrees that it will review the Federal Government’s “System for Award Management — Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by USDOT regulations (2 C.F.R. Part 1200).
7.11. Termination
[These requirements apply to all contracts in excess of $10,000.]
The Contractor acknowledges that AGENCY may terminate the Contract for cause or for convenience under the Contract’s terms and conditions, which provide the manner by which termination will be made effective and the basis for settlement. See Appendix II(B) to 2 CFR part 200, “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,” and FTA Circular 4220.1G, chapter IV, paragraph 2(b)(9)(b), “Termination.”
7.12. Resolution of Disputes, Breaches, and Other Litigation
[These requirements apply to contracts and subcontracts in excess of the simplified acquisition threshold (currently set at $350,000).]
Unless otherwise provided for by AGENCY, the following provisions shall apply:
Dispute Resolution. Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to the authorized representative of AGENCY. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of AGENCY shall be binding upon Contractor, and Contractor shall abide by the decision.
Performance During Disputes. Notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, Contractor shall continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.
Rights and Remedies. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under this Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed upon in writing.
7.13. Lobby Restrictions
[These requirements apply to contracts and subcontracts in excess of $100,000.]
Contractors who apply or bid for an award of $100,000 or more shall certify that it has not used and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352, as amended (Byrd Anti-Lobbying Amendment), as required by 49 C.F.R. Part 20, "New Restrictions on Lobbying." Contractors shall obtain the certification required by 49 C.F.R. Part 20 from any and all subcontractors at any tier.
Contractors shall complete and submit the disclosure form required by 49 C.F.R. Part 20, "New Restrictions on Lobbying” (Standard Form LLL, “Disclosure Form to Report Lobbying”), if the Contractor has made or has agreed to make any payment using non-Federal funds (to include profits from any covered Federal action), which would be prohibited under paragraph (1) of this clause if paid for with Federal appropriated funds. Contractors shall obtain such disclosures, if required, from its subcontractors at any tier for whom a contract in excess of $100,000 is contemplated. Such disclosures shall be forwarded from tier to tier up to AGENCY.
Contractors shall complete and submit a disclosure form at the end of each calendar quarter in which there occurs an event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously submitted in accordance with paragraph (2) above. An event that materially affects the accuracy of the information reported includes: (a) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (b) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (c) A change in the officer(s), employee(s), or member(s) contacted to influence or attempt to influence a covered Federal action. Contractors shall obtain such disclosures, if required, from its subcontractors at any tier for whom a contract in excess of $100,000 is contemplated. Such disclosures shall be forwarded from tier to tier up to AGENCY.
Contractors shall include this clause in each subcontract and require subcontractors to flow down this clause to each lower-tier subcontractor.
7.14. Cargo Preference (Use of U.S.-Flag Vessels)
[These requirements apply to all contracts involving equipment, material, or commodities that may be transported by ocean vessels.]
At least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this Contract, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available (46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381);
Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both AGENCY (through the Contractor in the case of subcontractor bills-of-lading) and the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and
Contractor shall include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
7.15. Fly America
[These requirements apply to contracts and subcontracts involving the transportation of persons or property by air between a place in the United States and a place outside of the United States, or between places outside the United States, when the FTA will participate in the cost of such air transportation.]
As used in this clause: (1) “international air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States; (2) “United States” means the 50 States, the District of Columbia, and outlying areas; and (3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (Fly America Act, 49 U.S.C. 40118) and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143, requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
If available, Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
If Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, then Contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S. - Flag Air Carriers - International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
_____________________________________________
(End of statement)
Contractor shall include the substance of this clause, including this paragraph (E), in each subcontract or purchase under this contract that may involve international air transportation.
7.16. Employee Protections
Prevailing Wage & Anti-Kickback. [These requirements apply to all prime construction, alteration, or repair contracts in excess of $2,000.]
Contractor shall comply with the Davis-Bacon Act, 40 U.S.C. § 3141-3144 and 3146-3148, as supplemented by DOL regulations at 29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction.” The contract clause at 29 C.F.R. § 5.5 is incorporated in full into this Contract except all references to “contracting officer” shall be replaced with “AGENCY.” In accordance with the statute, Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor agrees to pay wages not less than once a week.
Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
Contract Work Hours/Safety Standards for Awards Involving Construction. [These requirements apply to all contracts involving construction in excess of $100,000 that involve the employment of mechanics or laborers.]
Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 CFR part 5. Under 40 U.S.C. § 3702 of the Act, Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.
In the event of any violation of the clause set forth herein, Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause 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 this clause.
The FTA 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 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 this section.
Contractor or subcontractor shall insert in any subcontracts the clauses set forth in 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 this Contract.
Contract Work Hours/Safety Standards for Awards Not Involving Construction. [These requirements apply to all contracts (not involving construction) in excess of $100,000 that involve the employment of mechanics or laborers.]
Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
Contractor shall maintain 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.
Such records maintained under this paragraph shall be made available by Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and Contractor will permit such representatives to interview employees during working hours on the job.
Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.
7.17. Seismic Safety
[These requirements apply only to contracts for the construction of new buildings or additions to existing buildings, as well as related architectural and engineering services.]
Contractor shall design and construct any new building or addition to an existing building in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations (49 CFR part 41) and will certify its compliance to the extent required by the regulation. Contractor shall ensure that all work performed under this Contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.
7.18. Veteran's Preference
[These requirements apply only to capital projects (see 49 U.S.C. § 5302(4)) and all construction projects greater than $100,000.]
Contractor shall give a hiring preference, to the extent practicable, to veterans (as defined in U.S.C. Section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the Contract. This requirement shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
7.19. Bonding
[These requirements are applicable to all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold (currently set at $350,000). See FTA Circular C 4220.1G for specific bonding requirements.]
Bonds are required for all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold. FTA may accept the bonding policy and requirements of AGENCY if FTA has determined that the Federal interest is adequately protected. If such a determination has not been made, the following minimum requirements apply:
A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
A performance bond on the part of Contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all of Contractor's obligations under such contract.
A payment bond on the part of Contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
7.20. Public Transportation Employee Protective Arrangements
[These requirements apply only to contracts for transit operations performed by employees of contractors and subcontractors recognized by FTA to be a transit operator.]
Contractor shall comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):
U.S. DOL Certification. To the extent that FTA determines that this Contract or any Amendments thereto involve public transportation operations financed in whole or in part with Federal assistance, 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 (A), however do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (B) and (C) of this clause.
Special Warranty. If the Contract involves public transportation operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
Special Arrangements. If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL’s letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL Letter.
Contractor shall include the substance of this clause in each subcontract that may involve operating public transit services.
7.21. Charter Service
[These requirements apply to contracts for operating public transportation service.]
Contractor shall comply with 49 U.S.C. 5323(d), (g), and (r), and 49 CFR part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally-funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: (1) federal transit laws, specifically 49 U.S.C. § 5323(d); (2) FTA regulations, “Charter Service,” 49 CFR part 604; (3) any other federal Charter Service regulations; or (4) Federal guidance, except as FTA determines otherwise in writing.
If Contractor engages in a pattern of violations of FTA’s Charter Service regulations, then FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: (1) barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; (2) withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or (3) any other appropriate remedy that may apply.
Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services
7.22. School Bus Operations
[These requirements apply to contracts for operating public transportation service.]
Contractor shall comply with 49 U.S.C. 5323(f) and (g), and 49 CFR part 605, and not engage in school bus operations using federally-funded equipment or facilities in competition with private operators of school buses, except as permitted under: (A) federal transit laws, specifically 49 U.S.C. § 5323(f); (B) FTA regulations, “School Bus Operations,” 49 CFR part 605; (C) any other Federal School Bus regulations; or (D) federal guidance, except as FTA determines otherwise in writing. If Contractor violates these school bus requirements, then FTA may bar Contractor from receiving Federal assistance for public transportation or require Contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, Contractor may not use federally-funded equipment, vehicles, or facilities.
Contractor should include the substance of this clause in each subcontract or purchase under this Contract that may operate public transportation services.
7.23. Motor Carrier Safety
[These requirements apply to contracts for operating bus operation service.]
Financial Responsibility. Contractor shall comply with the economic and insurance registration requirements of: (1) U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Minimum Levels of Financial Responsibility for Motor Carriers,” 49 C.F.R. part 387, if Contractor is: (a) engaged in operations requiring compliance with 49 C.F.R. part 387, (b) engaged in interstate commerce, and (c) not within a defined commercial zone; and (2) provisions of 49 U.S.C. § 31138(e)(4), which supersede inconsistent provisions of 49 C.F.R. part 387, and reduce the amount of insurance the Recipient must obtain to the highest amount required by any state in which the public transportation provider operates, if it operates within a public transportation service area located in more than one state, and receives federal assistance under 49 U.S.C. §§ 5307, 5310, and 5311.
U.S. FMCSA Requirements. Contractor shall comply with: (1) safety requirements of U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Federal Motor Carrier Safety Regulations,” 49 C.F.R. parts 390 – 397, to the extent applicable; and (2) driver’s license requirements of U.S. FMCSA regulations, “Commercial Driver’s License Standards, Requirements, and Penalties,” 49 C.F.R. part 383, and “State Compliance with Commercial Driver's License,” 49 C.F.R. part 384, to the extent applicable, with the substance abuse requirements and guidance of U.S. FMCSA’s regulations, “Drug and Alcohol Use and Testing Requirements,” 49 C.F.R. part 382, and implementing federal guidance, to the extent applicable.
7.24. Safe Operations of Motor Vehicles
Seat Belt Use. Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate
company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by Contractor or AGENCY.
Distracted Driving. Contractor shall adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text
messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a
privately-owned vehicle when on official business in connection with the work performed under this Contract. Contractor agrees to conduct workplace safety
initiatives in a manner commensurate with its size, such as establishing new rules and programs to prohibit text messaging while driving, re-evaluating the existing programs to prohibit text messaging while driving, providing education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
7.25. Substance Abuse (Drug & Alcohol Testing)
[These requirements apply to contracts with contractors who perform safety-sensitive functions, as defined in 49 CFR Part 655.4, “Definitions.”]
Contractor shall establish and implement a drug and alcohol testing program that complies with “Procedures for Transportation Workplace Drug and Alcohol Testing
Programs” (49 CFR Part 40) and “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” (49 CFR Part 655), produce any documentation necessary to establish its compliance with parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Arizona, or the City of Phoenix, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and 49 CFR part 40 and review the testing process.
Contractor shall also submit for review and approval a copy of its substance abuse prevention policy developed to implement its drug and alcohol testing program.
Further, Contractor shall certify annually its compliance with parts 655 and 40 and to submit the Drug and Alcohol Management Information System (DAMIS) reports before March 15 to Transit Compliance Officer, City of Phoenix Public Transit Department, 302 N. 1st Avenue, Phoenix, AZ 85003. To certify compliance, Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers involving the performance of a safety-sensitive function under the Contract.
7.26. Buy America
[These requirements apply to contracts over $150,000 if they involve the purchase of iron, steel, and manufactured products.]
Contractor shall comply with 49 U.S.C. 5323(j) and 49 CFR part 661, which provide that federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. Contractor must submit to AGENCY the appropriate Buy America certification with its offer. Offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.
7.27. Build America, Buy America
[These requirements apply to contracts for infrastructure projects.]
Contractor agrees to comply with the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184, and the provisions of those acts and their implementing guidance and regulations are hereby incorporated by reference into this Contract. Contractor shall ensure that all relevant provisions of the Buy America Act and the Build America, Buy America Act and their implementing guidance and regulations are incorporated into every applicable subcontract and supplier agreement.
7.28. Prohibited Telecommunications/Surveillance Services/Equipment
Pursuant to Public Law 115-232, Section 889, and 2 C.F.R. Part 200, including §§ 200.216 and 200.471, AGENCY is prohibited from procuring or obtaining equipment, services, or systems that use “Covered Telecommunications Equipment or Services” as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, Section 889, “Covered Telecommunications Equipment or Services” is:
Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
Telecommunications or video surveillance services provided by such entities or using such equipment.
Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Contractor shall not use or provide to AGENCY Covered Telecommunications Equipment or Services in the performance of this Contract.
If Contractor later learns that prohibited telecommunications services, equipment or systems have been supplied, installed, or utilized under this Contract, Contractor shall immediately inform AGENCY in writing. AGENCY may treat such occurrence as an event of default and may require the Contractor to promptly replace such prohibited service, equipment and systems at the Contractor’s sole cost or take such other actions permitted under the Contract.
7.29. Air Pollution & Fuel Economy
[These requirements apply to contracts for the purchase of rolling stock.]
The Contractor agrees to comply with applicable Federal air pollution control and fuel economy regulations, such as: EPA regulations, “Control of Air Pollution from Mobile
Sources,” 40 CFR Part 85; EPA regulations, “Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines,” 40 CFR Part 86; and EPA regulations, “Fuel Economy of Motor Vehicles,” 40 CFR Part 600.
7.30. Rolling Stock Purchase
[These requirements apply to contracts for the purchase of rolling stock.]
Buy America. Contractor shall comply with the domestic preference requirements of 49 U.S.C. § 5323(j)(2)(C) and 49 C.F.R. § 661.11, unless a waiver has been granted by FTA or the product is subject to a general waiver. Contractor must submit to AGENCY the appropriate Buy America certification with its offer. Offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.
Accessibility. Rolling stock must comply with the accessibility requirements of U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, and U.S. Access Board/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38
Rolling Stock Limitations.
Pursuant to Section 7613 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA 2020), Public Law 116-92 (Dec. 20, 2019) and 49 U.S.C. § 5323(u), AGENCY is prohibited from using financial assistance under 49 U.S.C. chapter 53 to award a contract or subcontract to an entity for the procurement of rolling stock for use in public transportation to a restricted manufacturer as defined in 49 U.S.C. § 5323(u). Contractor shall not provide AGENCY with rolling stock under this Contract if the rolling stock is from a restricted manufacturer or otherwise in violation of this prohibition. Contractor shall insert this provision in all applicable subcontracts and other contractual instruments.
Any option to buy additional rolling stock or replacement parts may be exercised (i) not more than five (5) years after the date of the original contract for bus
procurements and (ii) not more than seven (7) years after the date of the original contract for rail procurements, provided that such option does not allow for significant changes or alterations to the rolling stock.
Pre-Award and Post-Delivery Audits of Rolling Stock Purchases. Contractor shall comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. Contractor shall comply with the Buy America certification(s) submitted with its offer. Contractor shall participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R. part 663 and related FTA guidance.]
Federal Motor Vehicle Safety Standards (FMVSS). Contractor shall submit (1) the manufacturer’s FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or (2) the manufacturer’s certified statement that the contracted vehicle will not be subject to FMVSS regulations.
7.31. Bus Testing
[These requirements apply to contracts for the purchase/lease of any bus model that is new or has any major change in configuration/components to be acquired/leased.]
Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 CFR part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, Contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by AGENCY.
7.32. Environmental Protections
Contractor shall comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance.
National Environmental Policy Act.
Contractor shall comply and facilitate compliance with federal laws, regulations, and requirements, including, but not limited to: (a) federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139; (b) the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321 et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 C.F.R. part 1500 – 1508; (c) joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. part 771 and 49 C.F.R. part 622; (d) Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note; and (e) other federal environmental protection laws, regulations, and requirements applicable to Contractor.
Contractor shall follow federal guidance to the extent that the guidance is consistent with applicable authorizing legislation, which may include: (a) joint
FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319, Accelerated Decision making in Environmental Reviews,” January 14, 2013; (b)
joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review Process (Pub. L. 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and (c) other federal environmental guidance applicable to the Contractor.
Other Environmental Federal Laws. Contractor shall comply or facilitate compliance with all applicable federal laws, regulations, and requirements, and will follow
applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive
Environmental Response, Compensation, and Liability Act, Executive Order No.11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as amended, relating to “Floodplain Management.”
Use of Certain Public Lands. Contractor shall comply with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section 4(f)), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,” 23 C.F.R. part 774, and referenced in 49 C.F.R. part 622.
Historic Preservation. Contractor shall comply with: (1) U.S. DOT laws, including 49 U.S.C. § 303 (often referred to as “section 4(f)”), which requires certain findings be made before an Award may be undertaken if it involves the use of any land from a historic site that is on or eligible for inclusion on the National Register of Historic Places; (2) federal historic and archaeological preservation requirements of section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. § 306108; (3) the Archeological and Historic Preservation Act of 1974, as amended, 54 U.S.C. § 312501 et seq.; (4) U.S. Advisory Council on Historic Preservation regulations, “Protection of Historic Properties,” 36 C.F.R. part 800; and (5) other federal requirements and federal guidance to avoid or mitigate adverse effects on historic properties.
Indian Sacred Sites. Contractor shall facilitate compliance with federal efforts to promote the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, and facilitate compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and Executive Order No. 13007, “Indian Sacred Sites,” May 24, 1996, 42 U.S.C. § 3161 note (61 Fed. Reg. 26771).
7.33. Clean Air Act & Federal Water Pollution Control Act
[These requirements apply to all contracts and subcontracts in excess of $150,000.]
Contractor shall ensure that it: (A) will not use any violating facilities; (B) will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities” to AGENCY; (C) understands and agrees that AGENCY will report violations of use of prohibited facilities to FTA; and (D) will comply with the inspection and other requirements of the Clean Air Act, as amended (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1388).
7.34. Energy Conservation
Contractor shall comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §§ 6321 et seq.), and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR Part 622, subpart C.
7.35. Recycled Products (Solid Wastes)
[These requirements apply to all contracts and subcontracts involving the purchase of items designated by the EPA (that contain the highest percentage of recovered materials practicable) in excess of $10,000 (or if the value of the quantity of such items acquired during the preceding fiscal year exceeded $10,000). See 40 C.F.R part 247 for federal designation of items.]
Contractor shall provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 CFR part 247. The requirements of Section 6002 include: (A) procuring only items designated in guidelines of the U.S. EPA at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (B) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (C) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 2 CFR § 200.323 outlines the requirements for procuring recovered materials when using federal funds, mandating that the procuring governmental entities and their contractors prioritize purchasing items made with recoverable materials when the purchase price or the value of the quantity acquired during the preceding fiscal year exceeds a certain threshold.
7.36. Intellectual Property/Patent Rights & Rights in Data
[These requirements apply to contracts for the performance of experimental, developmental, or research work.]
Patent Rights. Contractor shall grant AGENCY intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 5 U.S.C. § 200, et seq., 37 C.F.R. part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S. DOT.
Copyrights. FTA reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use any work that is subject to copyright and was
developed, or for which ownership was acquired, under a Federal award for Federal purposes and to authorize others to do so. This includes the right to require that such works are made available through FTA-designated public access repositories.
Rights in Data. Where FTA provides Federal assistance to support the costs of research, development, demonstration, or a special studies project, the Federal Government reserves a royalty-free, non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes”: (1) any subject data developed under the Contract, whether or not a copyright has been obtained; and (2) any rights of copyright purchased by Contractor using federal assistance in whole or in part by FTA. For “Federal Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.
Publication Restrictions. Except for its own internal use, Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public, unless Contractor is an institution of higher education, in which case these publication restrictions do not apply. For purposes of this Contract, the term “subject data” means recorded information, whether or not copyrighted, that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used or performance or administration of the Contract.
Distribution of Data. Except for contracts for adaptation of automatic data processing equipment or data provided in support of an FTA capital project or
unless FTA determines otherwise, Contractor agrees to permit FTA to make available to any FTA recipient, subrecipient, third party contractor, or third party
subcontractor, either FTA’s license in the copyright to the subject data or a copy of the subject data. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct.
Export Control. Data developed during the course of this Contract that is subject, directly or indirectly, to U.S. Export Control regulations may not be exported to any countries or any foreign persons without first obtaining necessary federal license(s) and complying with any applicable U.S. Department of Commerce, Bureau of Industry and Security, “Export Administration Regulations,” specifically, 15 C.F.R. parts 730, et seq., U.S. Department of State, U.S. Department of the Treasury, and U.S. Department of Defense
Indemnification. Unless prohibited by state law, upon request by the Federal Government, Contractor shall indemnify, save, and hold harmless the Federal
Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.
Interpretation. Nothing contained in this provision on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.
Exempt Data. Data developed by Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the Contract is exempt from the requirements herein, provided that Contractor identifies those data in writing at the time of delivery of the Contract work.
Flow Down. Contractor shall include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.
7.37. Compliance With National ITS Architecture Policy
[These requirements apply only to contracts for National Intelligent Transportation System projects.]
Contractor shall conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. § 517(d), unless it obtains an exemption from those requirements, and follow FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455, January 8, 2001, and all other applicable federal guidance.
7.38. NTD Reporting
As a condition of benefitting from federal assistance for public transportation operations, Contractor and its subcontractors must: (A) facilitate compliance with 49
U.S.C. § 5335(a), which authorizes the National Transit Database (NTD); (B) conform to the NTD reporting system and the Uniform System of Accounts and Records; (C) comply with FTA regulations, “Uniform System of Accounts and Records and Reporting System,” 49 CFR Part 630; (D) report when required to the National Transit Database in accordance with FTA regulation 49 CFR Part 630, “National Transit Database,” and applicable FTA instructions: (1) any information relating to a transit asset inventory or condition assessment; and (2) such other information as FTA may require; (E) comply with any other applicable reporting regulations, and requirements; and (F) follow FTA guidance.
Contractor and its subcontractors must facilitate compliance with 49 CFR part 630 and report when required (1) any data on assaults on transit workers; and (2) any data on fatalities that result from an impact with a bus.
7.39. Trafficking In Persons
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term as defined Section 103 of the Trafficking Victims Protection Act of 2000 (“TVPA”), as amended, 22 U.S.C. § 7102; (B) procure a commercial sex act during the Contract Term as defined Section 103 of the TVPA, as amended, 22 U.S.C. § 7102; or (C) use forced labor in the performance of the Contract. Contractor shall inform AGENCY immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. AGENCY may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to AGENCY.
7.40. Privacy Act
Contractor agrees to: (A) 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, Contractor agrees to obtain the express consent of the Federal Government before Contractor or its employees operate a system of records on behalf of the Federal Government. Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of 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; and (B) include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
7.41. Access for Elderly Individuals and Individuals with Disabilities
Contractor agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities
Act of 1990, 42 U.S.C. § 12101, et seq., and the Architectural Barrier Act of 1968, as amended, 42 U.S.C. §§ 4151 and 5332, et seq. In addition, Contractor agrees to comply with applicable Federal implementing regulations.
7.42. Section 508 Compliance
Any reports or information that will be provided to DOT or any other Federal agency must comply with Section 508 of the Rehabilitation Act of 1973.
7.43. Protection of Sensitive Security and Other Sensitive Information
Contractor agrees to comply with the following requirements for the protection of sensitive security information: (a) The Homeland Security Act, as amended, specifically 49 U.S.C. § 40119(b), and U.S. DOT regulations, “Protection of Sensitive Security Information,” 49 CFR Part 15; 92 (b) The Aviation and Transportation Security Act, as amended, 49 U.S.C. § 114(r), and U.S. Department of Homeland Security, Transportation Security Administration regulations, “Protection of Sensitive Security Information,” 49 CFR Part 1520; (c) U.S. DOT Common Rules, which require the Recipient to implement, and to require its Subrecipients, if any, to implement reasonable measures to safeguard protected personally identifiable information as well as any information that the FTA or pass-through entity designates as sensitive; and (d) National Archives and Records Administration regulations, “Controlled Unclassified Information,” 32 CFR Part 2002.
8. Federal Contract Clauses - DBE-N Program Requirements
The City of Phoenix has shown a historical commitment to advancing the economic growth of small businesses through its Small Business Program.
The City of Phoenix Small Business Program is managed and administered by the City’s Equal Opportunity Department. Through a coordinated effort among several city departments and partner agencies, the Program provides certification and opportunities in construction, purchasing, management and technical assistance.
8.1. Definitions
Agency means the City of Phoenix Public Transit Department (PTD) for the purpose of this Contract.
Arizona Unified Certification Program (AZUCP) means a consortium of government agencies organized to provide reciprocal DBE-N certification within Arizona pursuant to 49 Code of Federal Regulations (CFR) Part 26. The official DBE-N database containing eligible DBE-N firms certified by AZUCP can be accessed at: https://utracs.azdot.gov.
Arizona’s Unified Transportation Registration and Certification System (AZ UTRACS) is a comprehensive internet-based business directory containing certified ACDBEs, DBEs and SBCs. The directory includes detailed firm profiles that includes capabilities and geographic locations that can be accessed at: https://utracs.azdot.gov/Search.
Bidders List means a list created by the submitter, consisting of information about all small business firms that bid or quote on the project. The list should include the firm’s name; address; NAICS code applicable to each scope of work the firm sought to perform in its bid; age of the firm; and the annual gross receipt of the firm.
City means the City of Phoenix for purposes of this Contract.
City of Phoenix Certification and Compliance System means the web-based certification and compliance system used to administer and manage small business contract requirements. The system can be accessed at: phoenix.gob2g.com.
Commercially Useful Function (CUF) means that a Small Business is responsible for executing the work of the contract and is carrying out its responsibilities by performing, managing, and supervising the work involved. To perform a commercially useful function, the Small Business must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. If a Small Business does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or if the Small Business subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Small Business is presumed not to be performing a Commercially Useful Function.
Compliance Specialist means an Agency employee responsible for Small Business Program compliance with this contract.
Contract means a legally binding agreement that creates obligation between a seller to furnish supplies or services (including construction and professional services) and the buyer to pay for them.
Contractor means the submitting firm that was awarded the given contract with the Agency, to perform the work or service as specified by the contract.
Disadvantaged Business Enterprise-Neutral Measures (DBE-N) means a measure or program that is or can be used to assist all Small Businesses.
Disadvantaged Business Enterprise (DBE) means a for-profit Small Business Concern, that has at least 51% owned and controlled by individuals or individual who are socially and economically disadvantaged, that successfully completed the DBE certification process and have been granted DBE status by a UCP member pursuant to the criteria contained in 49 CFR Part 26. A directory of certified DBE firms is located at https://utracs.azdot.gov/Search.
EOD means the City of Phoenix Equal Opportunity Department.
Goods and Services Providers are firms that provide goods and services that represent a CUF as a Small Business.
Joint Venture (JV) means an association between two or more persons, partnerships, corporations, or any combination thereof, formed to carry on a single business activity. The JV is limited in scope and duration to this Contract. The resources, assets, and labor of the participants must be combined in an effort to accrue profit.
Outreach Efforts means the diligent and good faith efforts demonstrated by a Submitter to solicit participation from interested and qualified Small Businesses. Submitter must identify and document potential business opportunities for Small Businesses, describe what efforts were undertaken to solicit Small Business participation, disclose results of negotiations with Small Businesses, and communicate and record Submitter’s selection decisions relating to Small Business participants.
Responsible Submitter means a firm that has been selected to continue in the procurement process by the Agency.
Responsive Submitter means a firm that has met and submitted the solicitation requirements.
Small Business Concern (SBC) means, with respect to firms seeking to participate in contracts funded by the U.S. Department of Transportation (US DOT), a Small Business Concern as defined in section 3 of the Small Business Act and Small Business Administration regulations implementing the Act (13 CFR part 121), which Small Business Concern does not exceed the cap on average annual gross receipts specified in 49 CFR § 26.65(b). “Small Business” and “Small Business Concern” are used interchangeably in this Contract Clause.
Small Business Enterprise (SBE) means a for-profit Small Business that has been determined to meet the requirements for SBE certification with the City of Phoenix and whose certification is in force at the time of the award of business by the Agency. A directory of currently City of Phoenix certified SBE firms is located at https://phoenix.gob2g.com.
Small Business Participation Plan (SBPP) details of the types of subcontracting work or services firms (with projected dollar amount) that the submitter will solicit small businesses to perform. The SBPP must include an estimated timeframe in which actual small business subcontracts will be executed. The Agency requires firms to submit a written SBPP annually throughout the life of the contract.
Subcontract means a contract at any tier below the prime contract, including a purchase order.
Subcontractor means a firm that holds a contract/agreement between a firm and a lower-tier contractor, including a vendor under a purchase order.
Submitter means a contractor, corporation, or firm that tenders a submittal to the Agency to perform services requested by a solicitation or procurement. The submittal may be direct or through an authorized representative. (Submitter is inclusive of the terms: Bidder, Offeror, Proposer, Respondent, etc.).
Successful Submitter means a firm that has been awarded the contract by the Agency to perform services or furnish supplies requested by a solicitation or procurement.
Transit Vehicle Manufacturers (TVMs) means any manufacturer whose primary business purpose is to manufacture vehicles specifically built for public mass transportation. Such vehicles include, but are not limited to: buses, rail cars, trolleys, ferries, and vehicles manufactured specifically for paratransit purposes. Producers of vehicles that receive post-production alterations or retrofitting to be used for public transportation purposes (e.g., so-called cutaway vehicles, vans customized for service to people with disabilities) are also considered transit vehicle manufacturers. Businesses that manufacture, mass-product, or distribute vehicles solely for personal use and for sale “off the lot” are not considered transit vehicle manufacturers.
Transit Vehicle Manufacturers Goals means the goals for which FTA recipients (or subrecipients) will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR 26.49.
8.2. General Requirements
A. Applicable Federal Regulations
This Contract is subject to DBE-N requirements issued by USDOT in 49 CFR Part 26. The Agency must track and report participation that occurs as a result of any procurement, goods/services, or other arrangement involving a Small Business. For this reason, the Contractor must provide all relevant information to enable the required reporting.
B. Small Business Participation
The Agency will track the participation of all small businesses throughout the life of this contract. The Agency will count Small Business participation as authorized by federal regulations. A summary of these regulations can be found at www.ecfr.gov (49 CFR Part 26.39).
C. Small Business Participation Plan
The Bidder/Contractor shall provide a Small Business Participation Plan (SBPP) on an annual basis by the anniversary date of contract execution. The SBPP must contain strategies to foster small business participation. It must also detail the types of subcontracting work or services (with projected dollar amount) that the proposer will solicit Small Businesses to perform. The SBPP must include an estimated time frame in which actual small business subcontracts would be executed.
D. Civil Rights Assurances.
As a recipient of USDOT funding, the Agency has agreed to abide by the assurances found in 49 CFR Parts 26. Each Contract signed by the Agency and the Contractor, and each Subcontract signed by the Contractor and any Subcontractor, must include the following assurance verbatim:
“The contractor, sub recipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
Withholding monthly progress payments;
Assessing sanctions;
Liquidated damages; and/or
Disqualifying the contractor from future bidding as non-responsible.
The contractor, sub recipient or Subcontractor agrees to include the above statements in any subsequent agreement or contract covered by 49 CFR, Part 26, that it enters and cause those businesses to similarly include the statement in further agreements.”
E. Nondiscrimination/Equal Opportunity
The Agency will not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Parts 26.
In administering its DBE-N Program, the Agency will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE-N Program with respect to individuals of a particular race, color, national origin, creed, sex, age or disability.
The Agency further agrees to meet the nondiscrimination requirements provided in 49 CFR Part 26, with respect to the award and performance of any agreement, contract or Subcontract.
The Agency will take all necessary and reasonable steps to ensure nondiscrimination in the award and administration of contracts and agreements covered under the DBE-N Program. This same provision binds the Contractor and its subcontractors from bid solicitation through the completion of the contract.
F. Required Outreach Efforts
The Agency has implemented outreach requirements for this contract. Specifically, each contract must:
(1) Identify small-business-participation opportunities, including Commercially Useful Functions (CUF);
(2) Actively solicit proposals from small businesses;
(3) Evaluate small-business proposals; and
(4) Communicate selection decisions to small businesses, including each rejection of a small-business proposal.
If a Contractor fails to conduct these Outreach Efforts or fails to submit the required documentation of Contractor’s Outreach Efforts as indicated, the Agency may determine that the Contractor is noncompliant.
8.3. Pre-Award Submittal Requirements
A. Form EO1 - 300 – Statement of Outreach Commitment
At the time of bid submittal, Submitter must sign, date and submit a completed Form EO1 - 300 Statement of Outreach Commitment, with its initial submittal.
B. Form EO2 - 300 - Bidders List and Small Business Outreach Efforts
At the time of bid submittal, Submitter must complete and submit Form EO2–300 Bidders List and Small Business Outreach Efforts. Submitter must complete columns A and B documenting its Bidders List for all subcontracting work as described in this clause for which Submitter received a proposal.
Submitter must complete columns C, D, and E for each business identified by the Submitter as a Small Business documenting its efforts for subcontracting work as described in this clause.
Submitter must provide the following minimum information to document its Bidders List and Outreach Efforts and in the designated columns within Form EO2 - 300:
1. Column A - Business Name and Contact Information
Submitter must list each business’ full legal name and contact information, including address, phone number and email and/or fax. Submitter must inquire to obtain the following: the number of years in business, its range of annual gross receipts. If business is a Small Business, check the box.
2. Column B - Scope(s) of Work Solicited
List the NAICS Codes and scope(s) of work solicited for which the business was considered for participation in the proposal. The solicitation to firms by the submitter must include a description of the scope(s) of work being requested.
3. Column C - Solicitation Method
Indicate the solicitation method by which each small business was contacted. The solicitation to small businesses may be in the form of letters or attachments to email, phone logs, newspapers, websites, and trade papers, outreach events, etc. Supporting documentation must include a copy of the actual solicitation sent to small business. If using a log as supporting documentation, it must include:
List the Solicitation Method
Name of Submitter’s Representative
Name of Company Contacted
Name of Person Contacted
Company’s Contact Information Used to Reach the Company (e.g. phone number, email)
Date and Time of Contact
Details of the Communication
4. Column D - Selection Decision
Indicate the Submitter’s selection decision for each small business that responded to the solicitation.
Whether or not a firm was selected.
If not selected, provide an explanation of why the firm was not selected.
If selected, indicate the Dollar ($) Value.
5. Column E - Method of Communication of Final Selection Outcome
The Submitter must notify the final selection outcome to all small businesses that responded. The supporting documentation for this notification may be in the form of an email, letter, or a telephone log, etc. This documentation must show the following information regarding the final selection:
Date firm was notified of outcome
Method used to communicate selection:
Email
Phone
Fax
Letter
In person
Submitter must provide supporting documentation that shows Submitter has communicated its final selection decisions and outcomes to all Small Businesses for which the box was checked, including those not chosen to participate in this Contract.
C. Form EO3 – 300 Small Business Utilization Commitment
At the time of bid submittal, the Submitter must complete, sign, date and submit EO3 – 300 Small Business Utilization Commitment, which commits the Submitter to the Agency as follows:
1. The firms indicated as “Selected” on Form EO2 - 300- Bidders List and Small Business Outreach Efforts, will participate in this Contract;
2. The Submitter will comply with the post-award compliance requirements as stated in the DBE-N contract clause;
3. Submitter understands and agrees that any and all changes or substitutions to Subcontracts with Small Businesses must be authorized by the Compliance Specialist prior to implementation; and
4. The following statement is true and correct: The proposed total participation dollar amounts of small business firms on this contract will be designated on Form EO3 by the Submitter.
D. Failure to Submit Forms EO1-300, EO2-300, EO3-300
Submittals that do not have these forms completed and signed, including the supporting documentation required by EO2-300, may be deemed non-responsive. A non-responsive submittal may be disqualified from further evaluation.
E. Failure to Meet Outreach Requirements
The Compliance Specialist will determine, in writing, whether the Submitter has satisfied all outreach requirements. If the Compliance Specialist determines the Submitter failed to satisfy the outreach requirements, then the Compliance Specialist may determine the submittal is non-responsive. A determination of non-responsiveness disqualifies Submitters from further consideration for the Contract award. The Agency must send written notice to Submitter stating the basis for the Compliance Specialist’s decision.
F. Administrative Reconsideration
In the event the Agency determines the Submitter failed to submit required documentation to meet the Small Business Outreach Requirements, an opportunity for reconsideration of this determination will be provided. This opportunity for reconsideration will seek to obtain clarification of documentation submitted with the bid.
Within seven (7) business days of being informed by the Agency that the Submitter is not responsive based on insufficient demonstration and/or documentation of Outreach Efforts, the Submitter may submit its written request to:
City of Phoenix Disadvantaged Business Enterprise Liaison Officer (DBELO) or Designee
Equal Opportunity Department
200 W. Washington, St. 15th Floor
Phoenix, AZ 85003
Phone: (602) 262-6258
Fax: (602) 534-1124
TTY: 7-1-1 Friendly
If the request for Administrative Reconsideration is not submitted within the allotted seven (7) business days, the non-responsive Submitter will not utilize the Small Business Program submittal requirements as the basis for its future protest.
As part of this reconsideration process, the Submitter will have an opportunity to provide written clarification or argument concerning the issue of whether it met the Outreach Requirements or provided sufficient supporting and completed documentation of good faith efforts at the time of bid. The City DBELO or Designee will review solely the written clarification or argument, along with any document(s) originally submitted at the time of bid. No new or revised forms or supporting documentation will be reviewed for consideration.
The City DBELO or designee will send the Submitter a written decision on the reconsideration, explaining the basis for finding that the Submitter did or did not meet the Outreach Requirements. The result of the reconsideration process is not administratively appealable and cannot be escalated or included in any other protest not related to the Program.
8.4. Post-Award General Requirements
A. Subcontracting Commitment
The Small Business Subcontractors identified and accepted in the Small Business Outreach documents must have an executed contract in place prior to the performance of work. Executed contracts and all lower tier contracts must contain the required Civil Rights Assurances and Prompt Payment provisions.
The Contractor will submit to the Agency, through the City of Phoenix Certification and Compliance System, all executed contracts, purchase orders, subleases, agreements, and other arrangements formalizing agreements between Contractor and all Subcontractors, upon execution throughout the life of this contract.
The Contractor will not terminate any approved Small Business Subcontracts, nor will the Contractor alter the scope of work or reduce the Subcontract amount, without the Compliance Specialist’s prior written approval. Any request to alter a Subcontract must be submitted in writing to the Compliance Specialist before any change is made. If the Contractor fails to do so, the Agency may declare the Contractor in breach of contract.
B. Small Business Participation Plans
Successful submitter must submit a Small Business Participation Plan (SBPP) every year on the anniversary date of the executed contract through the submission of the attached “Small Business Participation Plan – Annual Submission” form. The Contractor must provide the Agency with an updated SBPP detailing the Contractor’s continued commitment to utilizing Small Businesses. The SBPP must contain updated strategies to foster small business participation and information concerning the participation of Small Businesses, including any changes to the initial EO2-300 and EO3-300.
SBPP must include a narrative of their commitment to use good faith efforts and provide details of the types of subcontracting work or services (with projected dollar amount) that the Submitter will solicit Small Businesses to perform. The SBPP must include an estimated time frame/schedule in which the subcontracted work to be performed by the Small Business will be accomplished.
Once the contract is awarded, the Agency and the Contractor may agree to make written revisions to the SBPP throughout the life of the project. The Agency will monitor and evaluate whether the Contractor is using good faith efforts to comply with the SBPP, the schedule, and the Contractor’s Small Business utilization commitment.
C. Counting Small Business Participation
The Contractor may only count expenditures for verified Small Business Subcontractors that perform a Commercially Useful Function (CUF), in the NAICS Codes in which it is approved for the contract. A Small Business performs a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by performing, managing, and supervising the work involved. To perform a CUF, the Small Business must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for material itself. A Small Business Subcontractor must perform or exercise responsibility for at least 30% of the total cost of its Subcontract value with its own workforce and equipment before its participation can be counted. Small Businesses must manage and control the performance of its contract and not be dependent on the successful submitter’s personnel and equipment to complete its work. Scope(s) of work not covered in the firm’s description will not be counted as small business participation.
D. Commercially Useful Function (CUF) & Counting of Small Business Trucking/Hauling – If Applicable
49 CFR Part 26.55 Section (d) defines CUF and the counting of participation Trucking/Hauling as follows:
The Small Business must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose achieving participation.
The Small Business must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
The Small Business receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.
The Small Business may lease trucks from another small business firm, including an owner-operator who is a small business. The Small Business who leases trucks from another Small Business receives credit for the total value of the transportation services the lessee provides on the contract.
The Small Business may lease trucks without drivers from a Non-Small Business truck leasing company. If the Small Business leases trucks from a Non-Small Business truck leasing company and uses its own employees as drivers, it is entitled to credit for the value of these hauling services.
E. Counting Small Business Verified Manufacturers, Suppliers, and Brokers – If Applicable
49 CFR Part 26.55 Section (e) permits the counting of expenditures with Small Businesses for materials or supplies toward participation as provided in the following:
If the materials or supplies are obtained from a Small Business manufacturer, count 100% of the cost of the materials or supplies toward participation.
If the materials or supplies are purchased from a Small Business regular dealer (supplier), count 60% of the cost of the materials or supplies, including transportation, toward participation.
If materials or supplies purchased from a Small Business which is neither a manufacturer nor a regular dealer, (packager, broker, or manufacturer’s rep.) count 40% of materials or supplies (including transportation costs toward participation.
If an approved Small Business is no longer found to be a Small Business during the course of the Subcontract, the Agency will consider all work performed by the Small Business under the original contract to count as participation. No increased scope of work negotiated after expiration or revocation of the Small Business designation may be counted. Any work performed under a Contract extension granted by the Agency may not be counted as small business participation. If a designation is lost while under contract with a Contractor solely because the Small Business exceeded the size standard during the performance of the contract, the performance may count toward the contract small business utilization commitment. If a Small Business loses its designation because it was acquired by or merged with a non-small business, the continued performance may not count toward the contract small business utilization commitment. If this negatively impacts the Contractor’s ability to meet the contract small business utilization commitment, the Contractor is strongly encouraged to Subcontract with other small businesses.
F. Small Business Substitutions
If a Small Business was approved by the Agency, the Compliance Specialist will consider whether or not the Contractor has exercised diligent and good-faith efforts to find another Small Business replacement. The Contractor will notify the Compliance Specialist in writing of the necessity to substitute a Small Business and provide specific reason(s) for the substitution or replacement through the submission of the attached “Request for Substitution/Exemption” form. Actual substitution or replacement of a small business may not occur before the Compliance Specialist’s written approval has been obtained.
G. Relief from Proposed Small Business Utilization
After Contract award, the Agency will not grant relief from the proposed Small Business utilization except in extraordinary circumstances. The Contractor’s request to modify Small Business participation must be in writing to the Compliance Specialist.
Contractor’s written request must set forth the amount of relief sought, evidence that demonstrates why relief is necessary, and any additional relevant information that the Compliance Specialist should consider. The Contractor must include with the request all documentation of Contractor’s attempts to Subcontract with the Small Business and any other action taken to locate and solicit a replacement Small Business.
H. Prompt Payment of Subcontractors
The prompt payment clause must be included in every contract and Subcontract.
The Contractor must promptly pay its Subcontractors, subconsultants, subconsultants or suppliers. For projects governed by 49 CFR, Part 26, payment must be made within five (5) calendar days after the Contractor has received payment for scope of work completed by the Subcontractor.
If the Contractor diverts any payment received for a small business’ work performed on the Contract or fails to reasonably account for the application or use of the payment, the Agency may declare the Contractor in breach of contract.
Under the prompt-payment provisions of 49 CFR Part 26, the Contractor must ensure prompt and full payment of retentions to Subcontractors and suppliers. The Contractor must pay each Subcontractor’s and supplier’s retention no later than 30 days the satisfactorily completion of and scope of work, and after the Agency has paid for the scope(s) of work. If the Agency reduces the Contractor’s retention, the Contractor must correspondingly reduce the retentions of Subcontractors and suppliers that have performed satisfactory work.
Nothing in this section prevents the Contractor from enforcing its Subcontract with a Subcontractor or supplier for defective work, late performance, and other claims arising under the Subcontract.
8.5. Records & Reporting Requirements
A. Records
During performance of the Contract, the Contractor must keep all records necessary to document small business participation. The Contractor must provide the records to the Agency within seventy-two (72) hours of the request and at final completion of the Contract. The Agency will prescribe the form, manner, and content of reports. The required records include:
All bidders’ information to include firm’s name; address; or other status; NAICS code(s) applicable to each scope of work the firm sought to perform in its bid; age of the firm; and the annual gross receipt of the firm.
A complete listing of all Subcontractors and suppliers on the project.
Each Subcontractor’s and supplier’s scope performed.
The dollar value of all Subcontracting work, services, and procurement.
Copies of all executed Subcontracts, purchase orders, invoices, and Subcontractor receipts.
Total operating expenses and total costs of goods sales.
Copies of all payment documentation and Change Orders.
B. Records Maintenance
The Agency requires the Contractor to maintain records and documents of payments to subcontractors, including DBEs, for a minimum of three (3) years, unless otherwise provided by applicable record retention requirements for the Agency’s financial assistance agreement, whichever is longer. These records will be made available for inspection upon request by any authorized representative of the Agency or USDOT. The reporting requirement extends to all subcontractors, both small and non-small business firms.
C. Reports
Contractor is required to file the following payment reports in the City of Phoenix Certification and Compliance System:
1. Progress Payments: By the 15th of each month, the Contractor must enter payment information and related supporting documentation into the City of Phoenix Certification and Compliance System.
a. The total of all payments received from the Agency during the previous month.
b. All payments made to Subcontractors during the previous month.
i. Supporting documentation to collaborate the payment amounts, which include but not limited to invoices and pay receipts.
The Contractor is responsible for ensuring that Subcontractors confirm receipt of payment in the City of Phoenix Certification and Compliance System by the end of each month.
2. Final Payment:
Before the Agency processes the Contractor’s final payment and/or outstanding retention held against the Contractor, the Contractor must notate in the City of Phoenix Certification and Compliance System:
a. The payment to each Subcontractor is considered “Final”.
b. Every Subcontractor must confirm they have received full and “Final” payment in the City of Phoenix Certification and Compliance System.
For federal reporting purposes, the attached “Certification of Full/Final Payment to Small Business Firms” must be completed and signed by the Contractor and Small Business firm(s). The Contractor is responsible for ensuring that Subcontractors confirm the receipt of full and “Final” payment in the City of Phoenix Certification and Compliance System.
9. Defense and Indemnification
9.1. Standard General Defense and Indemnification
Contractor (“Indemnitor”) must defend, indemnify, and hold harmless the City of Phoenix and its officers, officials (elected or appointed), agents, and employees (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses or expenses (including but not limited to court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation) of any nature or kind whatsoever (“Losses”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners, officers, directors, members, managers, agents, employees or subcontractors (“Indemnitor’s Agents”) arising out of or in connection with this Contract. This defense and indemnity obligation includes holding Indemnitee harmless for any Losses arising out of or recovered under any state’s Workers’ Compensation Law or arising out of the failure of Indemnitor or Indemnitor’s Agents to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Indemnitor’s duty to defend Indemnitee accrues immediately at the time a claim is threatened, or a claim is made against Indemnitee, whichever is first. Indemnitor’s duty to defend exists regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee from and against any and all Losses, except where it is proven that those Losses are solely a result of Indemnitee’s own negligent or willful acts or omissions. Indemnitor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Indemnitor waives all rights of subrogation against Indemnitee for losses arising from the work performed by Indemnitor or Indemnitor’s Agents for the City of Phoenix. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract.
9.2. Professional Services
Consultant (“Indemnitor”) must defend, indemnify, and hold harmless the City of Phoenix and its officers, officials (elected or appointed), agents, and employees (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including but not limited to court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation) of any nature or kind whatsoever (“Losses”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners, officers, directors, members, managers, agents, employees or subcontractors (“Indemnitor’s Agents”) arising out of or in connection with this Contract. This defense and indemnity obligation includes holding Indemnitee harmless for any Losses or other amount arising out of or recovered under any state’s Workers’ Compensation Law or arising out of the failure of Indemnitor or Indemnitor’s Agents to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Indemnitor’s duty to defend Indemnitee accrues immediately at the time a claim is threatened, or a claim is made against Indemnitee, whichever is first. Indemnitor’s duty to defend exists regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee from and against any and all Losses, except where it is proven that those Losses are solely as a result of Indemnitee’s own negligent or willful acts or omissions. Indemnitor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Indemnitor agrees to waive all rights of subrogation against Indemnitee for losses arising from or related to any work performed by Indemnitor or Indemnitor’s Agents for the City of Phoenix. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract.
10. Insurance Requirements
10.1. Consultant's Insurance
Consultants and subconsultants must procure insurance against claims that may arise from or relate to performance of the work hereunder by consultant and its agents, representatives, employees and subconsultants. Consultant and subconsultants must maintain that insurance until all their obligations have been discharged, including any warranty periods under this Contract.
The City in no way warrants that the limits stated in this section are sufficient to protect the Consultant from liabilities that might arise out of the performance of the work under this Contract by the Consultant, its agents, representatives, employees or subconsultants and Consultant may purchase additional insurance as they determine necessary.
10.2. Scope and Limits of Insurance
Consultant must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the liability limits provided that (1) the coverage is written on a “following form” basis, and (2) all terms under each line of coverage below are met.
10.3. Commercial General Liability – Occurrence Form
General Aggregate $10,000,000
Products – Completed Operations Aggregate $10,000,000
Personal and Advertising Injury $10,000,000
Fire Damage (Damage to Rented Premises) $10,000,000
Each Occurrence $10,000,000
The policy must name the City of Phoenix as an additional insured with respect to liability for bodily injury, property damage and personal and advertising injury with respect to premises, ongoing operations, products and completed operations and liability assumed under an insured contract arising out of the activities performed by, or on behalf of the Consultant related to this Contract.
There shall be no endorsement or modification which limits the scope of coverage or the policy limits available to the City of Phoenix as an additional insured.
City of Phoenix is an additional insured to the full limits of liability purchased by the Consultant.
The Consultant’s insurance coverage must be primary and non-contributory with respect to any insurance or self-insurance carried by the City.
10.4. Automobile Liability
Bodily Injury and Property Damage coverage for any owned, hired, and non-owned vehicles used in the performance of this Contract.
- Combined Single Limit (CSL) $10,000,000
- UM/UIM Per Person Limit $500,000
- UM/UIM Per Accident Limit $500,000
The policy must be endorsed to include the City of Phoenix as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Consultant, relating to this Contract.
City of Phoenix is an additional insured to the full limits of liability purchased by the Consultant.
The Consultant’s insurance coverage must be primary and non-contributory with respect to any insurance or self-insurance carried by the City.
10.5. Worker’s Compensation and Employers’ Liability
Workers’ Compensation Statutory
Employers’ Liability:
Each Accident $100,000
Disease – Each Employee $100,000
Disease – Policy Limit $500,000
Policy must contain a waiver of subrogation in favor of the City of Phoenix. “Transfer of rights of recovery against others to us” may be used in place of “waiver of subrogation”.
This requirement does not apply when a consultant or subcontractor is exempt under A.R.S. §23-902(E), AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. To forego application of this requirement, Contractor must submit to the City a valid copy of the form on behalf of themselves and/or applicable subcontractors.
10.6. Contractor's Pollution Liability
For losses caused by pollution conditions that arise from the operations of Contractor as described in the Scope of Services Section of this Contract.
Per Occurrence $1,000,000
General Aggregate $2,000,000
1. The policy should be written on an “occurrence” basis with no sunset clause or if written on a “claims-made” basis, it must be maintained for a period of not less than 8 years with the retroactive date to be prior to or held constant with the date of this Contract.
2. Such insurance must name the City of Phoenix and its subsidiaries and affiliates as Additional Insureds with respect to liability arising out of the activities performed by, or on behalf of Contractor.
3. The policy must provide coverage for pollution conditions that arise from the operations of Contractor described under the scope of services of the Contract. The policy should include the following coverages:
Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death and medical monitoring costs.
Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss if use of tangible property that has not been physically injured or destroyed including diminution in value.
Environmental damage including physical damage to soil, surface water or groundwater, or plant or animal life, caused by Pollution Conditions and giving rise to CleanUp Costs. • Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensation damages
Asbestos or lead – no exclusion
Mold coverage
Transportation cargo
Non-Owned Disposal Site coverage
4. Should any of the work involve treatment, storage or disposal of hazardous wastes from the job site, Contractor must furnish an insurance certificate from the designated disposal facility establishing that the facility operator maintains current Pollution Legal Liability Insurance in the amount of not less than $1,000,000 per occurrence/$2,000,000 annual aggregate and will cover sudden and gradual pollution losses arising from the facility, associated with work performed under this agreement.
10.7. Professional Liability (Errors and Omissions Liability)
Each Claim $1,000,000
Annual Aggregate $2,000,000
The policy must cover liability arising from the failure to meet the professional standards required or expected in the delivery of those services as defined in the Scope of Services of this Contract.
Consultant warrants that any retroactive date under the policy must precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended reporting period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
10.8. Notice of Cancellation
For each insurance policy required by the insurance provisions of this Contract, the Consultant must provide to the City, within 5 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice must be mailed, emailed, or hand delivered to ptdprocurement@phoenix.gov.
10.9. Acceptability of Insurers
Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of B+: VII or a Standard & Poor’s rating (if rated) of not less than BBB. The City in no way warrants that the required minimum insurer rating is sufficient to protect the Consultant from potential insurer insolvency.
10.10. Verification of Coverage
Consultant must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.
Contractors shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements are to be received and approved by the city before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to review complete certified copies of all required insurance policies, including endorsements required by these specifications, at any time. In the event of a claim or coverage dispute, the City reserves the right to require complete certified copies of all required insurance policies, including endorsements required by these specifications.
Where the City is named as an additional insured, coverage must be as broad as CG 20 10 11 85 or a combination of CG 20 10 or CG 20 26 or CG 20 23 22, 10 01 Editions or equivalent.
All certificates required by this Contract must be sent directly to ptdprocurement@phoenix.gov. The City project/contract number and project description must be noted on the certificate of insurance.
DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION.
10.11. Subconsultants
Consultant’s certificates shall include all subconsultants as additional insureds under their policies OR Consultant shall be responsible for ensuring and verifying that all subconsultants have valid and collectable insurance. At any time throughout the life of the contract, the City of Phoenix reserves the right to require proof from the Consultant that its subconsultants have insurance coverage. All subconsultants providing services included under this Contract’s Scope of Services are subject to the insurance coverages identified above and must include the City of Phoenix as an additional insured. In certain circumstances, the Consultant may, on behalf of its subconsultants, waive a specific type of coverage or limit of liability where appropriate to the type of work being performed under the subcontract. Consultant assumes liability for all subconsultants with respect to this Contract.
10.12. Approval
Any modification or variation from the insurance coverages and conditions in this Contract must be documented by an executed contract amendment.
11. Submittals
11.1. Submission of Offer
Please do not lock the files with password protection so that the City may digitally incorporate the successful offer into the awarded contract.
Please submit offers electronically via OpenGov Procurement’s Procurement portal. This Offer will remain in effect for a period of 365 calendar days from the opening date, and is irrevocable unless it is in the City’s best interest to release offer(s).
11.2. Additional Quantities
The City anticipates considerable activity under the resultant contract(s). However, no guarantee can be made as to actual provide fixed-route transit operations, maintenance, and facility support services for the city, that will be purchased under this contract. The City reserves the right to add, change or delete quantities or items as circumstances may require.
Note: Offers taking exception to this option for additional quantities clause shall indicate in their offer.
12. Vendor Questionnaire
Instructions for Downloading Required Documents
Offerors must download all documents required to be completed and/or signed as part of the Vendor Questionnaire directly from the OpenGov Procurement Portal. Do not use the links in the downloaded solicitation document, as those links may not function properly.
1. Technical Proposal (WITHOUT PRICING)*
*Response required
2. Pricing Proposal *
Please download the below document, complete, and upload.
Price_Proposal_PTD26-004_.xls
*Response required
3. Offer *
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Offer Page will deem your offer non-responsive and result in disqualification from further consideration.
Submittals_-_Offer_Page.pdf
*Response required
4. PAYMENT TERMS & OPTIONS: Vendors must choose an option, if a box is not checked, the City will default to 0% - net 45 days:*
Contractor offers a prompt payment discount of either ______% - 30 days or 0% – 45 days - to apply after receipt of invoice or final acceptance of the products (invoice approval), whichever date is later, starts the 30 days. If no prompt payment discount is offered, the default is 0%, net 45 days; effective after receipt of invoice or final acceptance of the products, whichever is later. Payment terms offering a discount will not be considered in the price evaluation of your offer.
Contractor may be paid immediately upon invoice approval, if enrollment is made to the Single Use Account (SUA) Program, administered by the City’s servicing bank (“Bank”). By checking this box, the vendor accepts transaction costs charged by their merchant bank and agrees not to transfer to the City those extra charges. The City will not pay an increase in our services for the SUA charges; if an audit uncovers an upcharge for the SUA charges the vendor will owe the City all costs. The vendor may opt-out of the SUA program once, but then may not rejoin during the same contract term. For more information about the SUA program or to enroll, send email to mailbox.sua@phoenix.gov.
*Response required
5. Prompt Payment Discount
______% - 30 days or 0% – 45 days
If none is specified, the City will default to 0% - net 45 days.
6. Emergency 24-Hour Service Contact*
Please provide a full contact name, telephone number, alternate contact, and their phone number.
*Response required
7. Contractor Licensing Requirements*
Please download the below documents, complete, and upload.
Contractor_Licensing_Requirements.pdf
*Response required
8. References*
Please download the below documents, complete, and upload.
References.pdf
*Response required
9. FTA - Federal Certifications*
Please download the below documents, complete, sign, and upload.
Failure to submit the signed FTA - Federal Certifications may deem your offer non-responsive and result in disqualification from further consideration.
FTA_Certifications_(City_of_Phoenix).pdf
*Response required
10. Financial Responsibility Questionnaire*
Please download the below documents, complete, and upload.
Financial_Responsibility_Questionnaire.pdf
*Response required
11. Forms EO1, EO2, EO3 - Disadvantaged Business Enterprise - Neutral (DBE- N) Program*
Please download the below documents, complete, sign, and upload.
Submittals that do not have these forms completed and signed, including the supporting documentation required by EO2-300, may be deemed non-responsive. A non-responsive submittal may be disqualified from further evaluation.
DBE-N_Outreach_Forms_EO1-2-3.pdf
*Response required
12. Certification Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion*
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Certification Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion will deem your offer non-responsive and result in disqualification from further consideration.
Certification_Regarding_Debarment,_Suspension,_and_Other_Ineligibility_and_Voluntary_Exclusion.pdf
*Response required
13. Heat Safety Compliance*
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Heat Safety Compliance will deem your offer non-responsive and result in disqualification from further consideration.
Heat_Safety_Compliance.pdf
*Response required
14. Do you have any confidential information you would like to include with your response?*
Yes
No
*Response required
When equals "Yes"
14.1. Please upload any confidential information here*
Clearly label the uploaded file
*Response required
15. Has your organization experienced any reportable privacy or security breaches within the last 2 years? *
Yes
No
*Response required
16. Conflict of Interest and Transparency*
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Conflict of Interest and Transparency form will deem your offer non-responsive and result in disqualification from further consideration.
Conflict_of_Interest_and_Transparency.pdf
*Response required
17. Please confirm that all required documents have been duly signed and uploaded, including but not limited to: the Offer Page, Conflict of Interest and Transparency, and any other mandatory forms requiring signature.*
Failure to submit all required signed documents may deem our offer non-responsive and result in disqualification from further consideration.
Please confirm
*Response required
18. Please confirm*
Please confirm
*Response required
13. Attachments
A - Exhibit A- Estimated Bus Miles and Hours (Excluding Relief Vehicles)
B - Exhibit B- Block Detail Report
C - Exhibit C - Bus Detailed Miles and Hours
D - Exhibit D - Bus Spare Ratio
E - Exhibit E - Headway Report
F - Exhibit F - Peak Vehicles
G - Exhibit G - History of Miles and Hours
H - Exhibit H - Phoenix North-South Fixed Route Speed & Efficiency Trend
I - Exhibit I - Fleet inventory with Life miles North-South
J - Exhibit J - City AR 6.11
K - Exhibit K - Technical Requirements
L - Exhibit L - CAD-AVL Warrantied Equipment
M - Exhibit M - Comfort Stations
N - Exhibit N - Paddles
O - Exhibit O - Relief Vehicle Statistics
P - Exhibit P - January 2026 Roster
Q - Exhibit Q - Non-Revenue Fleet List
R - Exhibit R - Active EE Staffing List
S - Exhibit S - Lot Inspection Form
T - Exhibit T - Maintenance Inspection Form
U - Exhibit U - Site Plan North Facility
V - Exhibit V - Site Plan South Facility pgs1-90
W - Exhibit W - Site Plan South Facility pgs91-225
X - Exhibit X - Site Plan South Facility pgs226-350
Y - Exhibit Y - Site Plan South Facility pgs351-471
Z - Exhibit Z - Facility Incident Report Procedure
CC - Exhibit CC - Custodial Specifications
DD - Exhibit DD - Equipment List - North South Facilities
EE - Exhibit EE - Utilities APS/Water/Gas
FF - Exhibit FF - Security Access & Control
GG - Exhibit GG - EMS Manual 2020
HH - Exhibit HH - Permit List
II - Exhibit II - FB30 Farebox Service Manual
JJ - Exhibit JJ - Field Corrective Action Form
KK - Exhibit KK - FB30 PMI
LL - Exhibit LL - Lost & Found Tag
MM - Exhibit MM - Lost & Found Log
NN - Exhibit NN - FPC-65
OO - Exhibit OO - Transit Advertising Standards
PP - Exhibit PP - Seniority - Employee Wage and Benefit Progression
QQ - Exhibit QQ - City of Phoenix 1976 Section 13(c) Agreement
RR - Exhibit RR - ATU Local 1433 CBA
SS - Exhibit SS - IUOE Local 428 Labor Agreement - Bus Technicians
TT - Exhibit TT - IUOE Local 428 Labor Agreement - Revenue Agents & Facility Workers
UU - Exhibit UU - Teamsters No. 104 CBA 2023 - 2028
VV - Attachment - Acceptance of Offer Form 2026
WW - Attachment - Request for Substitution or Exemption_PTD 02_2026 (DBE-N)
XX - Attachment - Certification of Final Payment_PTD 02_2026 (DBE-N)
YY - Attachment - DBE-N Annual SBPP
City of PhoenixIssuing agency·Phoenix, AZ·via the City of Phoenix OpenGov procurement portal