Transit Signal Priority (TSP) System Technology (RFP)

1 Request for Proposals # 274-2021-TSP-System Title: Transit Signal Priority (TSP) System Technology Issue Date: February 22, 2021 Due Date: March 10, 2021 not later than 5:00PM ET LATE PROPOSALS WILL NOT BE ACCEPTED Issuing Department: Transportation-Transit Direct all inquiries concerning this RFP to: Het Patel Senior Planner Email: Het.Patel@raleighnc.gov aN \ Ss See) et fod 2 Table of Contents 1. Introduction ..................................................................................................3 1.1 Purpose .................................................................................................3 1.2 Background ...........................................................................................3 1.3 RFP Timeline .........................................................................................4 1.4 Pre-Proposal Conference

.....................................................................4 1.5 Proposal Question .................................................................................5 1.6 Proposal Submission Requirements & Contact Information................5 1.7 Rights to Submitted Material .................................................................6 1.8 Communications....................................................................................6 1.9 Lobbying ................................................................................................7 1.10 Conflicts of Interest ...............................................................................7 1.11 Proposer Expenses ...............................................................................8 1.12 Proposer Acceptance ............................................................................8 2. Proposals .....................................................................................................9 2.1 Request for Proposals Required Document Format ............................9 2.2 RFP Documents ..................................................................................10 3. Proposal Evaluation ..................................................................................10 3.1 Proposal Evaluation Criteria (Stage 1) ...............................................10 3.2 Interview/Demonstration (Stage 2) .....................................................11 3.3 Final Selection .....................................................................................11 3.4 Notice to Proposers Regarding RFP Terms & Conditions .................11 4. Contract Terms ..........................................................................................12 5. Scope of Services .....................................................................................12 Appendix I Proposal Cost Form ......................................................................27 Appendix II Federal Requirements and Special Conditions ........................29 Appendix III City of Raleigh Vendor Security Checklist ...............................49 Appendix IV Proposer Questionnaire .............................................................53 Appendix V Reference Questionnaire ............................................................54 Appendix VI Contract Standard Terms & Conditions ...................................57 Appendix VII Exceptions to RFP .....................................................................64 3 1 Introduction 1.1 Purpose The City of Raleigh (COR) is solicitating proposals from one or more firm(s) with which to contract for the following services: Implement Transit Signal Priority (TSP) system along the New Bern Avenue corridor that is compatible within the existing City of Raleighs transit and signal system framework. The New Bern Avenue corridor spans from Tarboro Street to New Hope Road and contains a total of 16 signalized intersections that communicate over a fiber-optic network back to the City of Raleigh Traffic Control Center (TCC). The City of Raleighs transit system, GoRaleigh, utilizes an on-board Clever Device Automatic Vehicle Location and Computer Aided Dispatch AVL/CAD system on their transit vehicles that communicates over GPS back to the GoRaleigh Transit Operation Center. A detailed special provision is provided in Section 5 of this solicitation. The special provision describes the integration of a TSP system that supports a centralized TSP-based Priority Request Generator (PRG) and Priority Request Server (PRS). The TSP system shall fully interface with GoRaleighs existing transit fleet vehicle Clever Device AVL/CAD system. The TSP system shall communicate data from the existing AVL/CAD system, over VPN, to the City of Raleigh TCC. From the TCC, the intersection-to-intersection communication necessary for TSP shall connect via the existing City of Raleigh fiber network to relay the TSP requests to the New Bern Avenue corridor signal controllers. The TSP system manufacturer shall integrate the TSP system with other interfacing equipment; including the on- board AVL/CAD manufacturer, traffic signal controller manufacturer, GoRaleigh, and the City of Raleigh Traffic Control Center. All information related to this solicitation, including any addenda, will be posted to the North Carolina Interactive Purchasing System (IPS) at: https://www.ips.state.nc.us/IPS/. 1.2 Background The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live. Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleighs existing neighborhoods, natural amenities, history, and cultural and human https://www.ips.state.nc.us/IPS/ 4 resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with universities, colleges, citizens, and local partners to promote new technology, create new job opportunities, and encourage local businesses and entrepreneurs. The City enlists and prepares 21st Century staff with the skill sets to carry out the duties of the City through transparent civic engagement and by providing the very best customer service to our citizens. Overall, the Raleigh Transit Signal Priority (TSP) pilot project for the New Bern Avenue corridor aims to improve schedule adherence and provide improved travel time efficiencies while minimizing impacts to side streets and coordinated timing patterns. The pilot project will be helpful in future TSP implementation for the Wake Bus Rapid Transit (Wake BRT) New Bern Avenue Project. The Wake BRT New Bern Avenue project was identified in the 2016 Wake Transit Plan. TSP technology and system are an integral component of successful BRT systems. 1.3 Request for Proposal (RFP) Timeline Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the service. All times shown are Eastern Time (EST): 1.4 Pre-Proposal Conference If the City of Raleigh elects to conduct a Pre-Proposal Conference or Site Visit, attendance by prospective proposers is strongly encouraged but is not mandatory. Prospective Proposers are encouraged to submit written questions in advance. Date, time, and location of pre-proposal conference is shown above in Section 1.3, entitled RFP Timeline. No pre-proposal conference for this RFP. RFP Process Date Time RFP Advertisement Date February 22, 2021 Pre-Proposal Conference (if required) N/A Deadline for written questions February 26, 2021 2:00 PM EST City Response to questions (anticipated) March 3, 2021 5:00 PM EST Proposal Due Date and Time March 10, 2021 5:00 PM EST Evaluation Meeting (anticipated) TBD Interview/ Demonstrations (if required) N/A Selection Announced at Council Meeting (tentative) TBD 5 1.5 Proposal Question It is the Proposer's responsibility to ensure that all addenda have been reviewed and considered in the preparation of its proposal. Requests for clarification and questions to this RFP must be received by the City not later than the date shown above in Section 1.3, entitled RFP Timeline for the submittal of written inquires. The firms failure to request clarification and submit questions by the date in the RFP Timeline above shall be considered to constitute the firms acceptance of all Citys terms and conditions and requirements. The City shall issue addenda reflecting questions and answers to this RFP, if any, and shall be posted to North Carolina Interactive Purchasing System (IPS). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFP. It is important that all Respondents submitting to this RFP periodically check the North Carolina Interactive Purchasing System (IPS) for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned. All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address Het Patel Het.Patel@raleighnc.gov Questions submitted via telephone will not be answered. 1.6 Proposal Submission Requirements and Contact Information Proposals must follow the format as defined in Section 2 PROPOSALS, and be addressed and submitted as follows: DELIVERED BY US POSTAL SERVICE DELIVERED BY ALL OTHER MEANS City of Raleigh City of Raleigh ATTN: Devin Smith ATTN: Devin Smith 2320 Westinghouse Blvd 2320 Westinghouse Blvd Raleigh, NC 27604 RFP No. & Title: 274-2021-TSP- System Raleigh, NC 27604 RFP No. & Title: 274-2021-TSP-System Proposals must be enclosed in an envelope or package and clearly marked with the name of the submitting company, the RFP number and the RFP Title. Proposers must submit: A. one (1) signed original; B. one (1) electronic version of the signed proposal and; C. Three (3) copies of proposal. 6 The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a Flash Drive. Both hard copy and electronic versions must be received by the City on or before the RFP due date and time provided in Section 1.3. Proposals received after the RFP due date and time will not be considered and will be returned unopened to the return address on the submission envelope or package. Any requirements in the RFP that cannot be met must be indicated on Appendix V, Exceptions to the RFP and submitted with proposal. Proposers must respond to the entire Request for Proposals (RFP). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Proposals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the Firm elects to mail in its response, the Firm must allow sufficient time to ensure the Citys proper receipt of the package by the time specified in Section 1.3, RFP Timeline. Regardless of the delivery method, it is the responsibility of the Firm to ensure that their response arrives at the designated location specified in this Section by the due date and time specified in Section 1.3, RFP Timeline. 1.7 Rights to Submitted Material All proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Proposals will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting a Proposal, each Prospective Proposer agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this Request for Proposal. Proposals marked entirely as confidential, proprietary, or trade secret will be considered non-responsive and will be removed from the evaluation process. 1.8 Communications All communications of any nature regarding this RFP with any City staff, elected City officials, evaluation committee members, are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1. prior to the deadline provided in Section 1.3. 7 Violation of this provision may result in the firms proposal being removed from consideration. 1.9 Lobbying By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFP. 1.10 Conflicts of Interest City of Raleigh contracts are controlled by three conflict of interest provisions. First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or a firm which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. 14-234(a): (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves. City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states: "No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any 8 money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person. 1.11 Proposer Expenses The City of Raleigh will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the awarding authority for each entity has formally accepted a recommendation. 1.12 Proposer Acceptance Submission of any proposal indicates a Proposers acceptance of the conditions contained in this RFP unless clearly and specifically noted otherwise on Appendix V, Exceptions to RFP and submitted with proposal. Furthermore, the City of Raleigh is not bound to accept a proposal on the basis of lowest price, and further, the City of Raleigh has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the City of Raleighs best interests to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the City of Raleighs best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the City of Raleigh. 9 2 PROPOSALS Responses must follow the format outlined below. The City may reject as non- responsive at its sole discretion any proposal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. 2.1 Request for Proposals Required Document Format Responses should be divided using tabs to separate each section, listed sequentially as follows: Tab 1: Cover Letter Provide an introduction letter summarizing the unique proposal of your firm to meet the needs of this service requirement. This letter should be presented on the firms official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Additionally, include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation. Tab 2: Corporate Background and Team Experience Include background information on the firm and provide detailed information regarding the firms experience with similar projects. Provide a list of all similar contracts performed in the past five (5) years, accompanied by at least three (3) references (contact persons, firm, telephone number and email address). Include the total amount invoiced for each listed project, the length of the project, and list of those involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firms proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects. This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project. The Proposer shall provide information as to the Proposals and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project- specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included. Tab 3: Project Understanding, Approach Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's understanding and approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. Tab 4: System Monitoring and Reporting Capabilities Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's system monitoring and reporting capabilities to accomplishing the tasks outlined in the Scope of Work section of this RFP. 10 Tab 5: Cost In a separate sealed envelope provide a minimum of three (3) complete copies of standard cost form from Appendix I. 2.2 RFP Documents This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 3 PROPOSAL EVALUATION 3.1 Proposal Evaluation Criteria (Stage 1) This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Committee in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not on the basis of what is inferred. After thoroughly reading and reviewing this RFP, each Evaluation committee member shall conduct his or her independent evaluation of the proposals received and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. The maximum interview/demonstration points a Proposer can receive is 5 points. The Proposers selected for interviews/demonstrations under this section will be notified in writing of the date and time. The Proposers interview/demonstrations shall be based solely upon information provided in each Proposers original proposal . No new information may be presented. Criteria (a) Weight (b) Score (0-3) (a) x (b) Weighted Score Corporate Background and Team Experience 25 Project Understanding and Approach 25 System Monitoring and Reporting Capabilities 20 Integration with Existing Traffic and Transit System 15 Proposed Cost 15 Final Score (with Interview/Demonstrations) Score Points 0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation 11 Cost Formula: The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available. The remaining proposals are rated by applying the following formula: 1 - B - A x C = D A Athe lowest Proposers cost. Bthe Proposers cost being scored. Cthe maximum number of cost points available. DProposers cost score (points). Note: If the formula results in a negative number (which will occur when the Offerors cost is more than twice the lowest cost), zero points shall be assigned. 3.2 Interview/Demonstration (Stage 2) A short-list of firms may be invited to Stage 2 of the evaluation process, the Interview/ Demonstration. Interview/demonstrations are an important aspect of the evaluation process that offers the City an opportunity to see how the proposers solution meets the critical components of the RFP. 3.3 Final Selection Proposals will be evaluated and ranked according to the criteria and weighted values set forth in section 3.1. Either a final selection for recommendation will be made at this time or the short-list of firms will be invited to participate in Stage 2 of the evaluation process. If Stage 2 is implemented, each firm will be evaluated and assigned a score to determine the best firm for recommendation. After which negotiations of a contract with the most qualified firm will commence. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. All Proposers will be notified of their standing immediately following the Citys decision. The City shall not be bound or in any way obligated until both parties have executed a contract. The City also reserves the right to delay the award of a contract or to not award a contract. 3.4 Notice to Proposers Regarding RFP Terms and Conditions It shall be the Proposers responsibility to read the Instructions, the Citys contract terms (Appendix IV), all relevant exhibits, attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Proposers are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. 12 4 CONTRACT TERMS The Contract shall have an initial term of one (1) year, beginning on the date of the Contract award (the Effective Date). At the end of the Contracts current term, the City shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for three-year, five-year or seven-year agreement. The City will give the Contractor written notice of its intent whether to exercise this option no later than ninety (90) days before the end of the Contracts then-current term. Please provide an alternate cost for the three-year, five-year or seven-year agreement for software license agreement including price per number of buses and price per number of intersections. 5 SCOPE OF SERVICES Awarded Contractor shall provide services, all as set forth in this RFP and more particularly described in this Section 5. 13 TRANSIT SIGNAL PRIORITY SYSTEM & INTEGRATION Project Special Provisions Prepared By: NRS 22-Feb-21 Contents 1. TRANSIT SIGNAL PRIORITY SYSTEM AND INTEGRATION ..............................................................14 1.1. DESCRIPTION.............................................................................................................................................14 A. Logical Architecture....................................................................................................................................15 B. System Components ....................................................................................................................................16 C. Physical Architecture ..................................................................................................................................18 D. Operational Needs .......................................................................................................................................21 E. System Monitoring and Reporting Needs ...................................................................................................22 1.2. CONSTRUCTION METHODS....................................................................................................................22 A. Qualifications ..............................................................................................................................................22 B. Responsibilities ...........................................................................................................................................23 C. Substantiated Warranty ...............................................................................................................................23 D. Certificate of Insurance ...............................................................................................................................24 E. User Support Services .................................................................................................................................24 F. Certification.................................................................................................................................................24 G. Field Unit Verification/Validation Performance Test Plan .........................................................................24 1.3. MEASURMENT AND PAYMENT .............................................................................................................26 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S i g n a t u r e D a t e Document not considered final unless all signatures completed. 14 1. TRANSIT SIGNAL PRIORITY SYSTEM AND INTEGRATION 1.1 DESCRIPTION The purpose of the Raleigh Transit Signal Priority pilot project is to develop a Transit Signal Priority (TSP) system along the New Bern Avenue corridor that is compatible within the existing City of Raleighs transit and signal system framework. The New Bern Avenue corridor spans from Tarboro Street to New Hope Road and contains a total of 16 signalized intersections that communicate over a fiber-optic network back to the City of Raleigh Traffic Control Center (TCC). See Table 1 below for the list of existing traffic signals in the New Bern Avenue corridor. The City of Raleighs transit system, GoRaleigh, utilizes an on-board Clever Device Automatic Vehicle Location and Computer Aided Dispatch AVL/CAD system on their transit vehicles that communicates over GPS back to the GoRaleigh Transit Operation Center. TABLE 1: EXISTING NEW BERN AVENUE TRAFFIC SIGNALS Inventory Number Signal 05-0222 Tarboro Street (WB) 05-0102 Tarboro Street (EB) 05-0211 Poole Road 05-0225 Raleigh Boulevard 05-0117 King Charles Road 05-0255 Clarendon Crescent / Farris Court 05-1611 Peartree Lane / Donald Ross Drive 05-0905 Wake Medical Center Visitors Entrance 05-1994 Emergency Entrance to Wake Medical Center 05-0297 Sunnybrook Road / Shanta Drive 05-1653 Yonkers Road / Kelly Austin Drive 05-1614 I-440 Eastbound Ramp 05-0296 I-440 Westbound Ramp 05-0243 Trawick Road 05-1296 Corporation Parkway 05-1390 New Hope Road Overall, the Raleigh Transit Signal Priority pilot project for the New Bern Avenue corridor aims to improve schedule adherence and provide improved travel time efficiencies while minimizing impacts to side streets and coordinated timing patterns. This special provision describes the integration of a TSP system that supports a centralized TSP- based Priority Request Generator (PRG) and Priority Request Server (PRS). The TSP system shall fully interface with GoRaleighs existing transit fleet vehicle Clever Device AVL/CAD system. The TSP system shall communicate data from the existing AVL/CAD system, over VPN, to the City of Raleigh TCC. From the TCC, the intersection-to-intersection communication necessary for TSP shall connect via the existing City of Raleigh fiber network to relay the TSP requests to the New Bern Avenue corridor signal controllers. The TSP system manufacturer shall integrate the TSP system with other interfacing equipment; including the on-board AVL/CAD manufacturer, traffic signal controller manufacturer, GoRaleigh, and the City of Raleigh Traffic Control Center. 15 A. Logical Architecture The TSP system shall consist of two primary components: a centralized TSP-based PRG) and a PRS enabled inside of each Siemens (SE-PAC2070) signal controller, where priority may be granted as defined in the NTCIP 1211 Object Definitions for Signal Control and Prioritization standards. The PRG is a logical entity that generates a priority request on behalf of a transit vehicle. The PRS is a logical entity in the TSP- enabled intersection controller that determines the disposition of a TSP priority request from the PRG. The logical view of the system is shown in the Figure 1 below: 1. FIGURE 1: TSP SYSTEM LOGICAL ARCHITECTURE The TSP system shall interface with the existing Clever Devices AVL/CAD system currently equipped in GoRaleighs transit fleet vehicles. The total number of transit vehicles participating in this pilot system is yet to be determined, but it will not be the entire GoRaleigh bus fleet. Transit vehicles may need to be equipped with software in order to streamline the communication from the vehicles to the TCC and traffic signals. The PRG shall reside in the TSP system. With this knowledge, Priority requests shall be sent to the PRS in the field over the wired, fiber-optic, communication. The primary functions of the PRG shall be: To determine whether a vehicle qualifies for transit signal priority at a signalized intersection, based on pre-defined priority request triggering criteria such as schedule, headway condition, number of passengers, or special events. To send the vehicles request for priority, its time of arrival, and its time of service desired at each signalized intersection, to the PRS. To keep a log of all priority requests. These requests will be processed by the City of Raleigh TCC for reporting and tracking performance measures. (Se ware eo 16 The primary functions of the PRS shall be: To receive multiple priority requests from the PRG. To produce an estimate of the vehicles calculated time for service desired at the signalized intersections. To generate a priority service request inside the traffic signal controller. The PRS prioritizes different priority requests coming from the PRG based on a vehicles classification (Emergency Vehicle vs. Transit) and time of service desired. To produce a log of all the received priority requests and granted service requests by the PRS for review by the GoRaleigh Transit Operation Center and the City of Raleigh Traffic Engineering Department. B. System Components The TSP system shall consist of six (6) primary components: GoRaleigh Transit Operation Center, participating GoRaleigh buses, GPS devices as part of the AVL/CAD system, traffic signal controllers, centralized TSP system, and the City of Raleigh TCC. The overall physical views of the TSP system from different perspectives are shown in Figure 2 and Figure 3. 17 2. FIGURE 2: TSP SYSTEM COMPONENTS IN PERSPECTIVE VIEW 3. FIGURE 3: TSP SYSTEM SCHEMATIC (PRS) wy BS & = Transit Operations Center Bus mounted Clever Devices CAD/AVL system a Siemens 2070 controller TSP integrated Inside Cabinet 18 C. Physical Architecture The physical architecture of the TSP system is illustrated in Figure 4. The TSP system service request shall begin with the Clever Devices AVL system on-board participating vehicles, collecting and monitoring bus position and referencing bus schedule time points. Based on bus schedule and bus position data, the current schedule adherence condition shall be calculated and checked against the predefined TSP criteria (e.g., number of minutes behind schedule). If the bus meets the criteria, the AVL system shall send a message to the centralized TSP system allowing requests to be generated. The PRG shall generate a TSP request based upon the calculated bus arrival time. Information such as latitude, longitude, speed, heading, vehicle ID, and priority level (e.g., low for TSP) shall be included in the request. This information shall be transmitted from the centralized TSP system across a virtual private network (VPN) to the Traffic Control Center as a priority request. That request shall then be forwarded via the Citys fiber-optic network to the appropriate signal controller. 4. FIGURE 4: TSP PHYSICAL ARCHITECTURE After the signal controller receives the TSP request and related information from the approaching bus, it will process the request in the PRS integrated with the controller. The PRS shall resolve the request against any other priority requests (e.g., emergency vehicle, other TSP calls). When the estimated bus arrival time (ETA) to the stop bar is calculated (from continuously updated bus position data sent from the on-board GPS vehicle equipment), the PRS shall output a pulsating signal corresponding to the phase to be served to the traffic signal controller. The traffic signal controller shall interpret the pulsating input as a TSP call on the appropriate priority input. As soon as the TSP call is forwarded to the controller, the controller shall compare the time when the call is received to the programmed time of service desired (TSD) and the time of estimated departure (TED) values which are programmed into the controller. The ETA in the PRS is the calculated time which estimates when the bus arrives at the intersection. The TSD is the TSP Central System Cloud I bus meets schedule adherence conditions a 1 1 i Real Time Arrival at signals for bus determined + Buses which need priority are determined GoRaleigh Transit Vehicle Signal Head Legend: Wireless Data Communication Wired Data Communication Fiber Fiber Optic Data Communication 19 predicted bus arrival time and will be projected into the normal traffic signal timing plan by the controller to determine the bus arrival time relative to the timing plan. Depending on the bus arrival time in the traffic signal timing plan, one of the following TSP strategies shall be executed: If the bus arrival time is projected to fall in the normal green time of the bus phase, the normal signal timing plan will not be adjusted. If the bus arrival time is projected to fall in the maximum extended green time and TSP is granted, the green signal will be extended until the bus checks out or maximum extended green time is reached. If the bus arrival time is projected to fall in the red time of the bus phase and TSP is granted, the green signal will return early to the bus phase. The green times for non-bus phases will be shortened to provide an early return to the green signal for the bus phase with the minimum green time for those non-bus phases being maintained. During the servicing of either green extensions or early green, the traffic signal will maintain all traffic signal phases and, yellow and all-red change intervals, and should remain in coordination. The TSP shall be capable of phase insertion for future implementation of queue jumping, phase skipping at select intersection locations along the project corridor, and servicing based on ridership. In the case of more than one TSP request at the same intersection, the PRS shall address this event on a first come, first served basis. The PRS shall also address the servicing of high priority preemption calls for fire & rescue vehicles by immediately overriding all low priority calls (e.g. TSP) should the City of Raleigh decide to implement TSP for emergency vehicles. The servicing of repeated TSP service requests shall be controlled through a pre-defined value (e.g., re-arm or re-service value). This value will define the minimum number of cycle lengths required between successive TSP service requests. After servicing of the TSP request, the local traffic signal controller shall return to normal operations for the pre-defined value, prior to servicing another TSP request. The TSP service request process described above is illustrated graphically in Figure 5. This process shall be automatic for GoRaleigh buses in service and shall not require driver activation or active management by signal operators, including the reporting functions of the TSP system. 20 5. FIGURE 5: TSP SERVICE REQUEST DECISION DIAGRAM (PRG) (PRS) Sends Information on bus route, location & speed Central System produces Real Time Arrival values at signals and evaluates schedule adherence Traffic Control Center Receives Schedule Adherence & Real Time Aral valves y Output Sent to Controller Freemption/SP input Sen Ral or Emergency ve as " ie No y No (Has minimum time since last TSP request past? ves Controller >| ontime/Anead Service on normal green bq ] TSP Green Extension, Weekly >| Preemption tet Reporting XaSeconds, Report Red Truncated, >| omer X-Seconds [# 21 D. Operational Needs The TSP system shall be capable of meeting the following operational needs in Table 1: TABLE 1: OPERATIONAL NEEDS No. Operational Needs 1.0 TRANSIT OPERATIONS 1.01 Need to reduce travel time by reducing running time delay 1.02 Need to improve schedule adherence 1.03 Need to maintain headway 1.04 Need to improve travel time reliability 1.05 Need to reduce round trip travel time 1.06 Need to reduce travel time in peak periods 1.07 Need to stay flexible with the bus AVL/CAD system 1.08 Need to provide real time AVL/CAD data 1.09 Need to reduce system operational cost 1.10 Need to implement conditional TSP capable of operating everyday 1.11 Need to provide special signal phasing to support queue jumps 2.0 TSP OPERATIONS 2.01 Need to provide real-time (live) data from buses 2.02 Need to provide a centralized TSP system 2.03 Need to implement TSP with minimum disruption to signal operation 2.04 Need to capture the vehicle locations in real time 2.05 Need to estimate the time of arrival and departure at the signals along the corridor 2.06 Need to coordinate with bus location and centralized system map 2.07 Need to exchange the vehicle status information with the Transit Operation Center 2.08 Need to transfer the operational and conditional priority characteristics to the centralized TSP system 2.09 Need to communicate priority needed and when to the TCC from the centralized TSP system 2.10 Need to communicate priority needed and when to the signal from the TCC 2.11 Need bus to acknowledge that it moved through signal and how long it took 2.12 The traffic signal controller needs to receive the priority parameters from the Traffic Control Center (TCC) 2.13 The traffic signal controller needs to send the status of the priority requests received back to the TCC 3.0 COMMUNICATIONS SYSTEMS & INTEGRATION 3.01 Need to integrate the TSP system with the Clever Devices AVL/CAD system 3.02 Need to provide communication link between the bus and the TSP central system 3.03 Need to provide adequate speed, bandwidth, and reliability of central system to TCC 3.04 Need to provide adequate speed, bandwidth, and reliability of TCC to signal controllers 3.05 Need to develop interagency agreements between GoRaleigh and the City of Raleigh Traffic Engineering 3.06 Need access to signal communications network 3.07 Need to provide access to cloud servers 22 E. System Monitoring and Reporting Needs The TSP system shall be capable of meeting the following system monitoring and reporting needs in Table 2: TABLE 2: SYSTEM MONITORING AND REPORTING NEEDS No. System Monitoring and Reporting Needs 1.0 SYSTEM MONITORING & REPORTING 1.01 Need the Transit Operation Center to monitor the on-board AVL/CAD 1.02 Need the City of Raleigh TCC to monitor the TSP system 1.03 Need the City of Raleigh TCC to monitor the signal, communication network and the TSP devices to perform system diagnostics and to know device status 1.04 Need the TSP central system to log all priority requests 1.05 Need Advanced Traffic Management System (ATMS) to report what type of priority was provided to each vehicle 1.06 Need reporting that is easily understandable, graphical and meaningful by all users 1.07 Need the TSP system report to provide reports summarizing the TSP activity 1.08 Need the Traffic Control Center to report the impact of TSP to signal operations Up to twelve (12) different reports will be required in the final system. Some of the reports that the system will be required to provide for reporting to the different City Departments are: TSP Reports (utilization by signal location) o Number of TSP requests made vs. granted to the system (sorted by date, time, and location) o Frequency of TSP calls Early Green Green Extension o TSP calls cancelled due to bus at station o Signal efficiency Are TSP calls going through that the transit vehicle cant utilize due to congestion? AVL Reports o Schedule adherence (on time performance vs time made up) o Dwell time at station o Overall travel time o Ridership by station 1.2 CONSTRUCTION METHODS Construction shall be in accordance with the manufacturers recommendations and shall meet the following requirements: A. Qualifications The manufacturer of the required priority control system shall verify the proven, safe operation of the system's technology through current examples of installed priority control systems. 23 The manufacturer shall provide an organizational chart of key personnel involved in the project, including the structure of the project team and any sub-contractors or sub-vendors. Provide one person as the project contact. The manufacturer shall provide a description of the proposed TSP system and how it can fulfill the operational needs, and system monitoring and reporting needs, listed in Tables 1 and 2, in addition to all other applicable services that the TSP system is capable of that are not listed in Tables 1 and 2. Upon request, the manufacturer shall produce a list of user agencies having experience interfacing priority control equipment with programmable controller types. B. Responsibilities The manufacturer of the TSP system and/or the manufacturer's representative shall provide responsive service before, during, and after installation of the priority control system. The manufacturer and/or the manufacturer's representative, as consultants to the Contractor, shall provide certified training technicians having traffic systems industry experience and operational knowledge of priority control systems. The awarded Contractor shall be required to demonstrate to the City that the equipment meets these specifications. The TSP system manufacturer shall conduct field testing of the transit vehicle communications and the PRG placing calls at each signalized intersection on the proposed New Bern Avenue corridor. This testing shall record performance metrics that characterize the quality of the PRG to PRS communications between the participating transit vehicles and the intersection. A technical memorandum that documents the testing process and results shall be provided to the City of Raleigh. The TSP system manufacturer shall configure TSP vehicle equipment on the participating transit vehicles. TSP manufacturer shall integrate the TSP on-board network with the vehicles network to achieve the exchange of data required for overall system functionality. The TSP system manufacturer shall assist with the configuration of the existing intersection signal controller for proper operation with the transit vehicle communications. C. Substantiated Warranty The manufacturer of the required priority control system shall warrant that provided the priority control system has been properly installed, operated and maintained. Component parts of a matched component system that prove to be defective in workmanship and/or material during the first two (2) years from the date of shipment from the manufacturer shall be covered in a documented system protection plan. The protection plan shall warrant that component parts of a matched component system that are not subject to coverage limitations and prove to be defective in workmanship and/or materials during the first two (2) years from the date of shipment from manufacturer, shall be repaired at no charge. In total, the warranty/maintenance coverage must assure that system components shall be available to allow system operation during the two (2) year warranty/maintenance coverage. 24 A copy of the manufacturer's written warranty outlining the conditions stated above shall be supplied with the bid. Coverage and coverage limitations are to be administered as detailed in the manufacturer's warranty/maintenance document. D. Certificate of Insurance The manufacturer of the required priority control system shall provide a certificate of product liability insurance protection for $5,000,000. This certificate assures the City that the manufacturer is insured against civil damages if proven to be at fault for an accident due to equipment failure within the system of matched priority control components. This certificate, however, need not, and is not meant to, provide liability insurance protection to the priority control system dealer, installer or user. E. User Support Services The manufacturer of the TSP system components shall offer support programs to assist the implementation of a priority control system program, including intersection survey service to document appropriate equipment interfaces. F. Certification The manufacturer of the TSP system components shall certify that all component products are designed, manufactured and tested as a system of matched components and shall meet or exceed the requirements of this specification. G. Field Unit Verification/Validation Performance Test Plan Contractor shall develop, document, and implement a Field Unit Verification/Validation Performance Test Plan. The test plan shall be comprised of a mock-up and two-phase acceptance test plan, including system requirements, method of measurement, and passing thresholds for each step. The test plan shall be submitted to the City for approval. The Verification portion of the plan shall demonstrate system performance to the specifications guaranteed by the equipment provider and ensure that the installations are completed per manufacturer documented installation procedures. The Validation portion of the plan shall demonstrate that the system requirements are met as documented in the approved test plan and ensure that any/all performance issues have been addressed. System Mock-Up A system mock-up is required for this project and must be completed 30 days prior to installation of any permanent equipment. At a minimum, the Contractor shall mock a system that includes the following: central control, two (2) representative intersection control equipment systems, and three (3) representative vehicles (can be simulated). Conduct the System Mock-Up at the City of Raleigh Traffic Signal Shop at 2530 Westinghouse Boulevard, and coordinate with the City to witness the tests. Prior to the System Mock-Up, submit a System Mock-Up test plan for approval by the City. Acceptance Test Plan (ATP) An ATP is required for this project that includes an initial phase with one (1) intersection and three (3) vehicles, followed by full system deployment and testing. The ATP must include individual test cases clearly showing passing criteria for all system devices and software. The Contractor shall submit a complete ATP to the City for approval prior to installing any devices or software. Final system test cases shall cover the following scenarios, at a minimum: 25 2-way operations, time between allowed calls Arrival time configuration, intersection check-in and check-out Polling refresh rate Manual overrides cancel a call, make a call I-440 Interchange signal operations The ATP must include local, subsystem, and final/central system testing for all devices to be integrated on this project. Failures during testing must be included in a report that documents the defective unit or setting and the corrective action taken. Minor failures may be addressed and retested at the Citys discretion. Major failures, which would require additional work to multiple units and sites, may cause the City to stop testing until the issue has been resolved. The ATP forms as well as any supplemental documentation completed during the testing are to be delivered to the Engineer upon system acceptance. Local Device Assembly Test (LDAT) - Conduct stand-alone tests of the equipment installed at each field site as approved by the Engineer. The test must, at a minimum, exercise all stand-alone (non-network) functional operations of the field equipment with all equipment installed per the plans or as directed by the Engineer. Sub-System Test (SST) - Conduct SST to verify a section of the overall system is functioning properly. Sub-system testing must be conducted at logical nodes or aggregation points to verify both communications and device functionality. ITS Final System Test (FST) - FST is the last step in the ATP and serves as the basis for system acceptance. The FST must be performed at the traffic operations center following completion of the SST. After the successful completion of the FST, the burn-in period begins. After the ATP has been accepted, submit in writing a detailed ATP schedule to the City for witness testing in the field. Include time and duration for each test case in the schedule. The Contractor shall conduct pre-testing to verify each device is performing according to the passing criteria requirements submitted with each test case, prior to scheduling formal testing with the City. The Contractor shall maintain an ATP progress report tracker and submit to the City when required and at the completion of testing. The Contractor shall provide all required test equipment. Project Burn-in The project burn-in period will be 60 days. During this time the system will operate under normal daily conditions with an increased level of monitoring and reporting. The Contractor shall remain primarily responsible for the system during the burn-in period. System data to be recorded include, but is not limited to: activation times; phases and time allocated and truncated; how recovery was made; and time of recovery. Begin the burn-in period at a time after FST acceptance and as approved by the Engineer. All project items must be accepted, and training requirements met, prior to the start of the burn-in- period. Maintain a failure log that records the date, time, and location of major and minor failures that occur, and the corrective actions taken. Record the details of the failure and corrective action in this log. Make documentation available for inspection by the City and provide to the City at the end of the burn-in-period. Equipment failure reports will be generated by the City and issued to the Contractor for corrective action. 26 The Contractor will meet weekly with the City to discuss the failures and the results of the previous week to check if adjustments need to be made to the system, or, to address any questions or concerns that arise during the burn-in period. The City may contact the Contractor at any point to discuss issues with any failures or for any adjustments needed. No major failures will be allowed during the burn-in-period. If one occurs, restart the 60-day period after the major failure has been corrected to the Citys satisfaction. The following are major failures: (a) Less than 95 percent of entire system for the project is operational at any moment. (b) Any failure that requires more than 48 hours to correct after providing notice to the Contractor. (c) Frequent occurrence of minor failures indicating a major system flaw, as determined by the City. (d) Any failure of routing or core network communications equipment. A minor failure is any other failure. The 60-day acceptance test period must be stopped when a minor failure occurs and restarted without resetting to zero after the minor failure is corrected, to the satisfaction of the City. Upon successful completion of burn-in test, the City shall approve the Contractor to move into the Operational Evaluation Period. In addition to successful completion of the burn-in test, moving to the final Operational Evaluation Period requires delivery of all contract deliverables, including all project documentation and training. Operational Evaluation Period The project operational evaluation period will add an additional 60 days of review after the burn-in period is complete. During this time the system will continue to operate under normal daily conditions, continuing with the level of monitoring and reporting of the burn-in period. System data to be recorded includes, but is not limited to: activation times; phases and time allocated and truncated; how recovery was made; and time of recovery. Meetings will occur as needed with the City to discuss issues if they arise. Any additional failures during this period should be noted and discussed with the City. If there is a major failure during this period, as listed above in the burn-in period, then the operational evaluation period will restart. A minor failure will stop the evaluation period and will restart when it is corrected. The Contractor shall remain responsible for any major and minor failures of the system during the operational period. The Contractor will assist the City with any additional questions during this period. At the end of the operational evaluation period, the Contractor will meet with the City to discuss the final results of the TSP system with all final reports. 1.3 MEASUREMENT AND PAYMENT Transit Signal Priority System and Integration will be measured and paid as lump sum for fully integrating, establishing, and testing of a centralized transit signal priority system between the GoRaleigh on-board AVL/CAD, the City of Raleigh Traffic Control Center, and the New Bern Avenue corridor traffic signal controllers, to successfully deliver overall system functionality. Also included in this pay item is all necessary meetings and coordination. Payment will be made under: Transit Signal Priority System and Integration ................................................................ Lump Sum 27 APPENDIX I Proposal Cost Form Awarded Contractor shall perform the services to be performed as set forth in this RFP and more particularly described in Section 5 for a not to exceed total amount of $___________________________________________________. Proposer shall submit the attached proposal cost breakdown form as part of submitting Appendix I Proposal Cost Form. Firm Name: ____________________________________________________________ Authorized Signature _______________________________Date__________________ Signed by: _____________________________________________________________ [Type or Print Name] Title of Signer: __________________________________________________________ 28 Cost Breakdown Form Cost Items Installed Quantity Installed Total Cost Table 1: Core TSP System Requirements, Installation, and Integration C-1. System License - 16 intersections, 30 transit vehicles (estimated) Each C-2. Integration/Coordination with existing CAD/AVL system Lot C-3. Integration/Coordination with existing Central System Communications Lot C-4. Integration/Coordination with existing Scheduling System Lot C-5. Integration/Coordination with existing Citywide Signal System Lot C-6. TSP Reporting and Logging (up to 6 reports) Each C-7. AVL Reporting and Logging (up to 6 reports) Each C-8. Cloud Server Support & Maintenance Each C-9. Base Warranty - Years 1-2 after System Acceptance Each C-10. Additional Equipment Lot C-11. Additional Software Licenses Lot C-12. Additional Support & Maintenance Lot C-13. Annual Software/Hardware Maintenance Cost Lot Table 2: TSP Implementation C-14. Project Management Lot C-15. System Design and Documentation Lot C-16. Installation and Configuration Lot C-17. Testing and Acceptance Lot C-18. Training Lot C-19. Technical Support and Service Level Agreements Lot Table 3: Options Options 1 - X: Warranty Period Extension O-1. Additional Warranty - Additional 1 Year after System Acceptance Each O-2. Additional Warranty - Additional 3 Years after System Acceptance Each O-3. Additional Warranty - Additional 5 Years after System Acceptance Each O-4. Additional Warranty - Additional 7 Years after System Acceptance Each Options 2 - X: Additional Operational Add-ons O-1. Additional Intersection Each O-2. Additional Transit Vehicle Each O-3. Additional Reporting and Logging Each O-4. Additional Priority Request Each 29 APPENDIX II FEDERAL REQUIREMENTS AND SPECIAL CONDITIONS for MATERIALS, EQUIPMENT and SUPPLIES 1. General The work performed under this contract will be financed, in part, by grants provided under programs of the Federal Transit Act, as amended. References include, but are not limited to, the Master Agreement FTA MA (14), dated October 1, 2007; FTA Circular 4220.1E, dated June 19, 2003; "Best Practices Procurement Manual", updated March 13, 1999 with revisions through October 2005; 49 CFR Part 18 (State and Local Governments) and 49 CFR Part 19 (Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations) and any subsequent amendments or revisions thereto. THE FOLLOWING MAY BE USED SYNONYMOUSLY: BIDDER AND CONTRACTOR PURCHASER AND OWNER 2. Federal Changes Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 3. Notification of Federal Participation In the announcement of any third party contract award for goods or services (including construction services) having an aggregate value of $500,000 or more, the Purchaser agrees to specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express the amount of that Federal assistance as a percentage of the total cost of that third party contract (Public Law 102-141). 4. Conflict of Interest No employee, officer, board member, or agent of the Owner shall participate in the selection, award, or administration of a contract supported by Federal Transit Administration (FTA) funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer, board member, or agent, any member of his or her immediate family, his or her partner, or an organization that employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award. 5. Lobbying Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, PL 104-65 (2 U.S.C. 1601,et seq.). Contractors who apply or bid for an award of $250,000 30 or more shall file the certification required by 49 CFR part 20, New Restrictions on Lobbying. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S. C. 1352. Each tier shall comply with Federal statutory provisions o the extent applicable prohibiting the use of Federal assistance funds for activities designed to influence congress to a State legislature on legislation or appropriations, except through proper official channels. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. The requisite Lobbying Certification is included as ATTACHMENT A (attach Standard Form-LLL if necessary) and must be executed for contracts of $250,000 or more and prior to the award of the contract. 6. Disadvantaged Business Enterprises The newest version on the Department of Transportations Disadvantaged Business Enterprise (DBE) program became effective October 1, 2004. a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and with section 1101(b) of SAFETEA-LU, 23 U.S.C. 101. The City of Raleigh Department of Transportation/Transit Divisions overall goal for DBE participation is 13%. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractors receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractors work by the {insert agency name} and contractors receipt of the partial retainage payment related to the subcontractors work.] d. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of 31 work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. 7. Civil Rights (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, and Federal transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (a) The third party contractor and all lower tiers shall comply with all provisions of FTA Circular 4701.1A, Title VI and Title VI Dependent Guidelines for Federal Transit Administration recipients, May 13, 2007. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Equal Employment Opportunity Requirements for Construction Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as construction, the Contractor agrees to comply and assures the compliance of each subcontractor at any tier of the Project, 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. Parts 60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," 42 U.S.C. 2000(e) note, and also with any Federal laws, regulations, and directives affecting construction undertaken as part of the Project. (3) Nondiscrimination on the Basis of Age The Contractor agrees to comply with all applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 32 et seq., and with implementing U.S. Health and Human Services regulations, Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance, 45 C.F.R. Part 90, which prohibit discrimination against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA) 29 U.S.C. 621 through 634 and with implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, Age Discrimination in Employment Act, 29 C.F.R. Part 1625. (4) Access for Individuals with Disabilities - The Contractor agrees to comply with 49 U.S.C. 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Contractor also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities. In addition, the Contractor agrees to comply with applicable Federal regulations and directives and any subsequent amendments thereto, except to the extent the Federal Government determines otherwise in writing, as follows: (1) U.S. DOT regulations Transportation Services for Individuals with Disabilities (ADA) 49 C.F.R. Part 37; (2) U.S. DOT regulations Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) U.S. DOT regulations, Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles, 36 C.F.R. Part 1192 and 49 C.F. R. Part 38; (4) U.S. DOJ regulations Nondiscrimination on the Basis of Disability in State and Local Government Services,28 C.F.R. Part 35; (5) U.S. DOJ regulations Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. 28 C.F.R. Part 36; (6) U.S. GSA regulations Accommodations for the Physically Handicapped, 41 C.F.R. Subpart 101-19; (7) 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; (8) U.S. Federal Communications Commission regulations Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled, 49 C.F.R. Part 64, Subpart F; 33 (9) U.S. Architectural and Transportation Barriers Compliance Board regulations, Electronic and Information Technology Accessibility Standards. 36 C.F.R. Part 1194; (10) FTA regulations, "Transportation of Elderly and Handicapped Persons," 49 C.F.R. part 609; and (10) Federal civil rights and nondiscrimination directives implementing the foregoing regulations. (5) Access to Services for Persons with Limited English Proficiency. The Contractor agrees to comply with Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. 2000d-1 note, and U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14, 2005. (6) Environmental Justice. The Contractor agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations," 42 U.S.C. 4321 note. (7) Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable, the Contractor agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. 201 et seq., and any amendments to these laws. (8) Other Nondiscrimination Statutes. The Contractor agrees to comply with all applicable requirements of any other nondiscrimination statute(s) that may apply to this Contract. (9) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 8. Clean Air Act (a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to Section 306 of the Clean Air Act as amended, 42 U.S.C. 7414 as amended and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. 7401 through 7671q. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (b) The Contractor also agrees to comply with the applicable requirements of section 176(c) of the Clean Air Act, 42 U.S.C. 7506(c), consistent with the joint FHWA/FTA document, Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities, dated September 2, 2005, and any subsequent applicable Federal directives that may be issued; with U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 US.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal 34 Implementation Plans," 40 C.F.R. Part 93, and any subsequent Federal conformity regulations that may be promulgated. To support the requisite air quality conformity finding for the Project, the Recipient agrees to implement each air quality mitigation or control measure incorporated in the Project. The Recipient further agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure will be wholly consistent with the design concept and scope of the Project described in the SIP. (c) The Contractor also agrees to include these requirements in each subcontract exceeding $250,000 financed in whole or in part with Federal Assistance provided by FTA. 9. Clean Water (a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, and other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. 1251 through 1377, The Contractor agrees to report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (b) The Contractor also agrees to include these requirements in each subcontract exceeding $250,000 financed in whole or in part with Federal assistance provided by FTA. 10. Environmental Protection The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended 42 U.S.C. subsection 4321 et seq. in accordance with Executive Order No. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 59 Fed. Reg. 7629, Feb. 16, 1994, FTA statutory requirements on environmental matters at 49 U.S.C. section 5324(b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq. and joint FHWA FTA regulations, environmental Impact and Related procedures, 23 C.F.R. Part 771 and 49 C.F.R. Part 622; and when promulgated, FHWA/FTA joint regulations, "NEPA and Related Procedures for Transportation Decision- making, Protection of Public Parks, Wildlife and Waterfowl Refuges, and Historic Sites," 23 C.F.R. Part 1420 and 49 C.F.R. Part 623. As a result of enactment of 23 U.S.C. 139 and 326 as well as amendments to 23 U.S.C. 138, environmental decision-making requirements imposed on FTA projects to be implemented consistent with the joint FHWA/FTA final guidance, SAFETEA-LU Environmental Review Process (Public Law 109-59), 71 Fed. Reg. 66576 et seq. November 15, 2006 and any subsequent applicable Federal directives that may be issued, except to the extent that FTA determines otherwise in writing. 11. Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. Sect. 6321 et seq. 12. Cargo Preference 46 U.S.C. 55305 and 46 CFR Part 381 impose cargo preference requirements in contracts and subcontracts in which equipment, materials or commodities may be transported by ocean vessel in carrying out the project. If the Contractor has knowledge of or anticipates any equipment, materials or commodities that may be shipped by ocean vessel, the Contractor is obligated to inform the Owner, so that additional requirements and clauses may be attached to this Contract. 35 13. Buy America The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, to the extent those regulations are consistent with SAFETEA-LU provisions, and subsequent amendments to those regulations that may be promulgated. The Contractor also agrees to comply with FTA directives to the extent those directives are consistent with SAFETEA-LU provisions, except to the extent that FTA determines otherwise in writing. Buy America requirements state that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waiver requirements are listed in 49 CFR 661.7. Appendix A grants a general public interest waiver from the Buy America requirements that apply to microprocessors, computers, microcomputers, or software, or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device which merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data. Small purchases (currently less than $250,000) made with capital, operating, or planning funds are also exempt from the Buy America requirements. The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Effective June 20, 2018 small purchases (under the $250,000 threshold) made with FTA funds, will not be subject to the Buy America requirement. The value of small purchases should be determined by using "contract price" and not "unit price". These regulations require, as a matter of responsiveness, that the Bidder or Contractor submit to the purchaser the appropriate Buy America certification (Attachment B or C) with all bids where FTA funds are provided, except those subject to a general waiver or less than $250,000. BIDS OR OFFERS THAT ARE SUBMITTED WITHOUT THE COMPLETED BUY AMERICA CERTIFICATION MUST BE REJECTED AS NONRESPONSIVE. The certification requirement does not apply to lower tier subcontractors. 14. Fly America The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 15. Debarment and Suspensions 36 This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by (procuring agency). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (procuring agency), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. The Owner agrees and assures that its third party contractors and lessees will review the Excluded Parties Listing System at http://epls.gov/ before entering into any third subagreement, lease or third party contract. (New amendment to regulation adopting the optional lower tier coverage for tiers lower than the first tier below a covered nonprocurement transaction ( Fed. Reg. 62394, Oct. 25, 2006). The Owner will be reviewing all third party contractors under the Excluded Parties Listing System at http://epls.gov/ before entering into any contracts. The requisite Debarment and Suspension Certification is included as ATTACHMENT D (attach additional statement if necessary) and must be executed for contracts of $25,000 or more and prior to the award of the contract. 16. Recycled Products The Recycled Products requirement applies to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. These requirements flow down to all to all contractor and subcontractor tiers. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. These items include: Paper and paper products, excluding building and construction paper grades. http://epls.gov/ 37 Vehicular products: (a) Lubricating oils containing re-refined oil, including engine lubricating oils, hydraulic fluids, and gear oils, excluding marine and aviation oils; (b) Tires, excluding airplane tires; (c) Reclaimed engine coolants, excluding coolants used in non-vehicular applications. (d) Rebuilt vehicular parts. Construction products: (a) Building insulation products, including the following items: (1) Loose-fill insulation, including but not limited to cellulose fiber, mineral fibers (fiberglass and rock wool), vermiculite, and perlite; (2) Blanket and batt insulation, including but not limited to mineral fibers (fiberglass and rock wool); (3) Board (sheathing, roof decking, wall panel) insulation, including but not limited to structural fiberboard and laminated paperboard products, perlite composite board, polyurethane, polyisocyanurate, polystyrene, phenolics, and composites; and (4) Spray-in-place insulation, including but not limited to foam-in- place polyurethane and polyisocyanurate, and spray-on cellulose. (b) Structural fiberboard and laminated paperboard products for applications other than building insulation, including building board, sheathing, shingle backer, sound deadening board, roof insulating board, insulating wallboard, acoustical and non- acoustical ceiling tile, acoustical and non-acoustical lay-in panels, floor underlayments, and roof overlay (coverboard). (c) Cement and concrete, including concrete products such as pipe and block containing: (1) Coal fly ash; (2) Ground granulated blast furnace slag (GGBF); (3) Cenospheres; or (4) Silica fume from silicon and ferrosilicon metal production. (d) Carpet made from polyester fiber made from recovered materials for use in moderate-wear applications such as single-family housing and similar wear applications. (e) Floor tiles and patio blocks containing recovered rubber or plastic. (f) Shower and restroom dividers/partitions containing recovered plastic or steel. (g) (1) Consolidated latex paint used for covering graffiti; and (2) Reprocessed latex paint used for interior and exterior architectural applications such as wallboard, ceilings, and trim; gutter boards; and concrete, stucco, masonry, wood, and metal surfaces. (h) Carpet cushion made from bonded polyurethane, jute, synthetic fibers, or rubber containing recovered materials. (i) Flowable fill containing coal fly ash and/or ferrous foundry sands. (j) Railroad grade crossing surfaces made from cement and concrete containing fly ash, recovered rubber, recovered steel, recovered wood, or recovered plastic. (k) Modular threshold ramps containing recovered steel, rubber, or aluminum. (l) Nonpressure pipe containing recovered steel, plastic, or cement. (m) Roofing materials containing recovered steel, aluminum, fiber, rubber, plastic or plastic composites, or cement. Transportation products: (a) Traffic barricades and traffic cones used in controlling or restricting vehicular traffic. (b) Parking stops made from concrete or containing recovered plastic or rubber. (c) Channelizers containing recovered plastic or rubber. 38 (d) Delineators containing recovered plastic, rubber, or steel. (e) Flexible delineators containing recovered plastic. Miscellaneous products: (a) Pallets containing recovered wood, plastic, or paperboard. (b) Sorbents containing recovered materials for use in oil and solvent clean-ups and as animal bedding. (c) Industrial drums containing recovered steel, plastic, or paper. (d) Awards and plaques containing recovered glass, wood, paper, or plastic. (e) Mats containing recovered rubber and/or plastic. (f) (1) Non-road signs containing recovered plastic or aluminum and road signs containing recovered aluminum. (2) Sign supports and posts containing recovered plastic or steel. (g) Manual-grade strapping containing recovered steel or plastic. (h) Bike racks containing recovered steel or plastic. (i) Blasting grit containing recovered steel, coal and metal slag, bottom ash, glass, plastic, fused alumina oxide, or walnut shells. Park and recreation products: (a) Playground surfaces and running tracks containing recovered rubber or plastic. (b) Plastic fencing containing recovered plastic for use in controlling snow or sand drifting and as a warning/safety barrier in construction or other applications. (c) Park benches and picnic tables containing recovered steel, aluminum, plastic, or concrete. (d) Playground equipment containing recovered plastic, steel, or aluminum. Landscaping products: (a) Hydraulic mulch products containing recovered paper or recovered wood used for hydroseeding and as an over-spray for straw mulch in landscaping, erosion control, and soil reclamation. (b) Compost made from yard trimmings, leaves, grass clippings, and/ or food waste for use in landscaping, seeding of grass or other plants on roadsides and embankments, as a nutritious mulch under trees and shrubs, and in erosion control and soil reclamation. (c) Garden and soaker hoses containing recovered plastic or rubber. (d) Lawn and garden edging containing recovered plastic or rubber. (e) Plastic lumber landscaping timbers and posts containing recovered materials. Non-paper office products: (a) Office recycling containers and office waste receptacles. (b) Plastic desktop accessories. (c) Toner cartridges. (d) Plastic-covered binders containing recovered plastic; chipboard and pressboard binders containing recovered paper; and solid plastic binders containing recovered plastic. (e) Plastic trash bags. (f) Printer ribbons. (g) Plastic envelopes. (h) Plastic clipboards containing recovered plastic. (i) Plastic file folders containing recovered plastic. (j) Plastic clip portfolios containing recovered plastic. (k) Plastic presentation folders containing recovered plastic. (l) Office furniture containing recovered steel, aluminum, wood, agricultural fiber, or plastic. 17. Geographic Preference 39 Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in evaluation or award of bids or proposals, except where applicable Federal statutes expressly mandate or encourage geographic preference. This does not preempt State licensing laws. 18. Termination or Cancellation of Contract The Owner, by written notice, may terminate this contract, in whole or in part, when it is in the best interest (convenience) of the project. If this contract is terminated, the Owner shall be liable only for payment under the payment provisions of this contract for supplies, materials or equipment ordered before the effective date of termination. If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Owner may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, in accordance with the manner of performance set forth in the contract. If the termination is for failure of the Contractor to fulfill the contract obligations, the Owner may complete the work by issuing another contract or otherwise and the Contractor shall be liable for any additional cost incurred by the Owner. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Owner. 19. Breach of Contract If the Contractor fails to make delivery of the equipment, supplies, or services within the specified terms of the contract, or fails to perform within the provisions of the contract, the contract may be terminated by reason of default or breach. A written notice of default or breach of contract shall be presented to the Contractor within three (3) working days of such failure. The Contractor will only be paid the contract price for equipment, supplies, or services delivered and accepted in accordance with the requirements set forth in the contract. If it is determined that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Owner, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. The Owner in its sole discretion may, in the case of breach of contract, allow the Contractor a specified period of time in which to correct the defect. In such case, the notice of termination will state the time period in which the correction is permitted and other appropriate conditions. If Contractor fails to remedy to the Owner's satisfaction the breach or default or any of the terms, covenants, or conditions of this contract within twenty (20) days after written notice from the Owner setting forth the nature of said breach or default, the Owner shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in 40 any way operate to preclude the Owner from also pursuing all available remedies against Contractor and its sureties for said breach or default. 20. Resolution of Disputes Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Owner. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the authorized representative of the Owner. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of the Owner shall be binding upon the Contractor and the Contractor shall abide by the decision. Performance During Dispute - Unless otherwise directed by the Owner, the Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Owner is located. 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 the Owner, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under the 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 in writing. 21. Protest Procedures To ensure that protests are received and processed effectively the Purchaser shall provide written bid protest procedures upon request. In all instances information regarding the protest shall be disclosed to the City of Raleigh. All protest requests and decisions must be in writing. A protester must exhaust all administrative remedies with the Purchaser before pursuing remedies through the City of Raleigh. Reviews of protests by the City of Raleigh will be limited to the Purchasers failure to have or follow its protest procedures, or its failure to review a complaint or protest. An appeal to the City of Raleigh must be received by the Department within three (3) working days of the date t